CS/HB 857

1
A bill to be entitled
2An act relating to communications services; amending s.
3202.29, F.S.; authorizing dealers to report a credit for
4bad debt by netting the credit against the tax due;
5authorizing dealers to use a proportionate allocation
6method or other reasonable method in determining amount of
7bad debt attributable to the state or local jurisdiction;
8amending s. 365.172, F.S.; extending the date to begin
9collecting the prepaid wireless E911 fee; providing for
10retroactive operation of the amendment to s. 202.29, F.S.;
11specifying that the amendment to s. 202.29, F.S., is
12remedial in nature and not a basis for certain refunds of
13tax; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (4) is added to section 202.29,
18Florida Statutes, to read:
19     202.29  Bad debts.--
20     (4)(a)  A dealer may report the credit for bad debt allowed
21under this section by netting such credit against the tax due to
22the state pursuant to s. 202.12 or to a local jurisdiction
23pursuant to s. 202.19, but such netting may not reduce the
24amount due to the state or to any local jurisdiction below zero.
25     (b)  For purposes of determining the amount of bad debt
26that is attributable to the state or to a local jurisdiction, a
27dealer may employ a proportionate allocation method based on
28current gross taxes due or another reasonable allocation method
29approved by the department.
30     Section 2.  Paragraph (a) of subsection (8) of section
31365.172, Florida Statutes, is amended to read:
32     365.172  Emergency communications number "E911."--
33     (8)  E911 FEE.--
34     (a)  Each voice communications services provider shall
35collect the fee described in this subsection. Each provider, as
36part of its monthly billing process, shall bill the fee as
37follows. The fee shall not be assessed on any pay telephone in
38the state.
39     1.  Each local exchange carrier shall bill the fee to the
40local exchange subscribers on a service-identifier basis, up to
41a maximum of 25 access lines per account bill rendered.
42     2.  Except in the case of prepaid wireless service, each
43wireless provider shall bill the fee to a subscriber on a per-
44service-identifier basis for service identifiers whose primary
45place of use is within this state. Before July 1, 2011 2009, the
46fee shall not be assessed on or collected from a provider with
47respect to an end user's service if that end user's service is a
48prepaid calling arrangement that is subject to s. 212.05(1)(e).
49     a.  The board shall conduct a study to determine whether it
50is feasible to collect E911 fees from the sale of prepaid
51wireless service. If, based on the findings of the study, the
52board determines that a fee should not be collected from the
53sale of prepaid wireless service, it shall report its findings
54and recommendation to the Governor, the President of the Senate,
55and the Speaker of the House of Representatives by December 31,
562008. If the board determines that a fee should be collected
57from the sale of prepaid wireless service, the board shall
58collect the fee beginning July 1, 2011 2009.
59     b.  For purposes of this section, the term:
60     (I)  "Prepaid wireless service" means the right to access
61telecommunications services that must be paid for in advance and
62is sold in predetermined units or dollars enabling the
63originator to make calls such that the number of units or
64dollars declines with use in a known amount.
65     (II)  "Prepaid wireless service providers" includes those
66persons who sell prepaid wireless service regardless of its
67form, either as a retailer or reseller.
68     c.  The study must include an evaluation of methods by
69which E911 fees may be collected from end users and purchasers
70of prepaid wireless service on an equitable, efficient,
71competitively neutral, and nondiscriminatory basis and must
72consider whether the collection of fees on prepaid wireless
73service would constitute an efficient use of public funds given
74the technological and practical considerations of collecting the
75fee based on the varying methodologies prepaid wireless service
76providers and their agents use in marketing prepaid wireless
77service.
78     d.  The study must include a review and evaluation of the
79collection of E911 fees on prepaid wireless service at the point
80of sale within the state. This evaluation must be consistent
81with the collection principles of end user charges such as those
82in s. 212.05(1)(e).
83     e.  No later than 90 days after this section becomes law,
84the board shall require all prepaid wireless service providers,
85including resellers, to provide the board with information that
86the board determines is necessary to discharge its duties under
87this section, including information necessary for its
88recommendation, such as total retail and reseller prepaid
89wireless service sales.
90     f.  All subscriber information provided by a prepaid
91wireless service provider in response to a request from the
92board while conducting this study is subject to s. 365.174.
93     g.  The study shall be conducted by an entity competent and
94knowledgeable in matters of state taxation policy if the board
95does not possess that expertise. The study must be paid from the
96moneys distributed to the board for administrative purposes
97under s. 365.173(2)(f) but may not exceed $250,000.
98     3.  All voice communications services providers not
99addressed under subparagraphs 1. and 2. shall bill the fee on a
100per-service-identifier basis for service identifiers whose
101primary place of use is within the state up to a maximum of 25
102service identifiers for each account bill rendered.
103
104The provider may list the fee as a separate entry on each bill,
105in which case the fee must be identified as a fee for E911
106services. A provider shall remit the fee to the board only if
107the fee is paid by the subscriber. If a provider receives a
108partial payment for a monthly bill from a subscriber, the amount
109received shall first be applied to the payment due the provider
110for providing voice communications service.
111     Section 3.  The amendment to s. 202.29, Florida Statutes,
112made by this act shall operate retroactively to July 1, 2000;
113however, the retroactive operation of such amendment is remedial
114in nature, does not create a right to a refund, and does not
115require a refund by any governmental entity of any tax, penalty,
116or interest remitted to the Department of Revenue before July 1,
1172009.
118     Section 4.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.