Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1198 Barcode 485338 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/21/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 of48communications services imposed pursuant to this chapter and49chapter 203, the department shall make available in an50electronic format or otherwise the tax amounts and brackets51applicable to each taxable sale such that the tax collected52results in a tax rate no less than the tax rate imposed pursuant53to 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.