Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1198
       
       
       
       
       
       
                                Barcode 485338                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2011           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 202.16, Florida
    6  Statutes, is amended to read:
    7         202.16 Payment.—The taxes imposed or administered under
    8  this chapter and chapter 203 shall be collected from all dealers
    9  of taxable communications services on the sale at retail in this
   10  state of communications services taxable under this chapter and
   11  chapter 203. The full amount of the taxes on a credit sale,
   12  installment sale, or sale made on any kind of deferred payment
   13  plan is due at the moment of the transaction in the same manner
   14  as a cash sale.
   15         (3)(a)A dealer must compute the tax due on a sale of
   16  communications services imposed pursuant to this chapter and
   17  chapter 203 based on a rounding algorithm that meets the
   18  following criteria:
   19         1. The tax computation must be carried to the third decimal
   20  place.
   21         2. The tax must be rounded to a whole cent using a method
   22  that rounds up to the next cent whenever the third decimal place
   23  is greater than four.
   24         (b) A dealer may elect to compute the tax due on a sale of
   25  communications services on an item or an invoice basis.
   26         (c) The rounding algorithm must be applied to the local
   27  communications services tax imposed pursuant to this chapter
   28  separately from its application to the communications services
   29  tax imposed pursuant to s. 202.12 and gross receipts tax
   30  pursuant to s. 203.01.
   31         (d) A dealer may elect to apply the rounding algorithm to
   32  the communications services taxes imposed pursuant to ss. 202.12
   33  and 203.01 in one of the following manners:
   34         1. Apply the rounding algorithm to the combined
   35  communications services tax imposed pursuant to ss. 202.12 and
   36  203.01.
   37         2. Apply the rounding algorithm separately to the
   38  communications services tax imposed pursuant to s. 202.12(1)(a)
   39  and gross receipt tax imposed pursuant to ss. 203.01(1)(b)2. and
   40  3.
   41         3. Apply the rounding algorithm to the combined taxes
   42  imposed pursuant to ss. 202.12(1)(a) and 203.01(1)(b)3., as
   43  allowed by s. 203.001, and apply the rounding algorithm
   44  separately to the gross receipts tax pursuant to s.
   45  203.01(1)(b)2.
   46         (e) A dealer is not required to collect the tax based on a
   47  bracket system. Notwithstanding the rate of tax on the sale of
   48  communications services imposed pursuant to this chapter and
   49  chapter 203, the department shall make available in an
   50  electronic format or otherwise the tax amounts and brackets
   51  applicable to each taxable sale such that the tax collected
   52  results in a tax rate no less than the tax rate imposed pursuant
   53  to this chapter and chapter 203.
   54         Section 2. This act is intended to be remedial in nature
   55  and applies retroactively. This act does not provide a basis for
   56  an assessment of any tax not paid or create a right to a refund
   57  or credit of any tax paid under s. 202.16, Florida Statutes,
   58  before July 1, 2011.
   59         Section 3. This act shall take effect July 1, 2011.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62         And the title is amended as follows:
   63         Delete everything before the enacting clause
   64  and insert:
   65                        A bill to be entitled                      
   66         An act relating to communications services tax;
   67         amending s. 202.16, F.S.; requiring that a dealer
   68         compute the communications services tax based on a
   69         rounding algorithm; providing criteria; providing for
   70         application of the tax; providing options to the
   71         dealer for applying the rounding algorithm; providing
   72         that a dealer is not required to collect the tax based
   73         on a bracket system; removing the provision requiring
   74         the Department of Revenue to make available tax
   75         amounts and applicable brackets; providing that the
   76         provisions of the act are remedial in nature and apply
   77         retroactively; providing that the act does not provide
   78         a basis for assessment of any tax not paid or create a
   79         right to certain refunds or credits; providing an
   80         effective date.