Florida Senate - 2011                      CS for CS for SB 1198
       
       
       
       By the Committees on Budget; and Communications, Energy, and
       Public Utilities; and Senator Bogdanoff
       
       
       
       576-04677-11                                          20111198c2
    1                        A bill to be entitled                      
    2         An act relating to communications services tax;
    3         amending s. 202.16, F.S.; requiring that a dealer
    4         compute the communications services tax based on a
    5         rounding algorithm; providing criteria; providing for
    6         application of the tax; providing options to the
    7         dealer for applying the rounding algorithm; providing
    8         that a dealer may apply the rounding algorithm to the
    9         aggregate tax amount under certain conditions;
   10         providing that a dealer is not required to collect the
   11         tax based on a bracket system; removing the provision
   12         requiring the Department of Revenue to make available
   13         tax amounts and applicable brackets; providing that
   14         the provisions of the act are remedial in nature and
   15         apply retroactively; providing that the act does not
   16         provide a basis for assessment of any tax not paid or
   17         create a right to certain refunds or credits;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (3) of section 202.16, Florida
   23  Statutes, is amended to read:
   24         202.16 Payment.—The taxes imposed or administered under
   25  this chapter and chapter 203 shall be collected from all dealers
   26  of taxable communications services on the sale at retail in this
   27  state of communications services taxable under this chapter and
   28  chapter 203. The full amount of the taxes on a credit sale,
   29  installment sale, or sale made on any kind of deferred payment
   30  plan is due at the moment of the transaction in the same manner
   31  as a cash sale.
   32         (3)(a)A dealer must compute the tax due on the sale of
   33  communications services imposed pursuant to this chapter and
   34  chapter 203 based on a rounding algorithm that meets the
   35  following criteria:
   36         1. The computation of the tax must be carried to the third
   37  decimal place.
   38         2. The tax must be rounded to a whole cent using a method
   39  that rounds up to the next cent whenever the third decimal place
   40  is greater than four.
   41         (b) The rounding algorithm must be applied to the local
   42  communications services tax imposed pursuant to this chapter
   43  separately from its application to the communications services
   44  taxes imposed pursuant to s. 202.12 and the gross receipts taxes
   45  imposed pursuant to s. 203.01.
   46         (c) A dealer may apply the rounding algorithm to the taxes
   47  imposed pursuant to ss. 202.12 and 203.01 in one of the
   48  following ways:
   49         1. Apply the rounding algorithm to the combined taxes
   50  imposed pursuant to ss. 202.12 and 203.01.
   51         2. Apply the rounding algorithm to the communications
   52  services taxes imposed pursuant to s. 202.12(1) and apply the
   53  rounding algorithm separately to the combined gross receipts
   54  taxes imposed pursuant to ss. 203.01(1)(b)2. and 203.01(1)(b)3.
   55         3. Apply the rounding algorithm to the combined taxes
   56  imposed pursuant to ss. 202.12(1) and 203.01(1)(b)3., as allowed
   57  by ss. 202.12001 and 203.001, and apply the rounding algorithm
   58  separately to the gross receipts tax imposed pursuant to s.
   59  203.01(1)(b)2.
   60         (d) Under paragraph (b) or paragraph (c), a dealer may
   61  apply the rounding algorithm to the aggregate tax amount that is
   62  computed on all taxable items on an invoice or to each tax
   63  amount that is computed on one or more, but less than all,
   64  taxable items on an invoice. The aggregate tax amount for all
   65  items on the invoice must equal at least the result that would
   66  have been obtained if the rounding algorithm had been applied to
   67  the aggregate tax amount computed on all taxable items on the
   68  invoice. A dealer may satisfy this requirement by setting a
   69  minimum tax amount of not less than 1 cent with respect to each
   70  item, or group of items, to which the rounding algorithm is
   71  applied.
   72         (e) The department may not require a dealer to collect the
   73  tax based on a bracket system. Notwithstanding the rate of tax
   74  on the sale of communications services imposed pursuant to this
   75  chapter and chapter 203, the department shall make available in
   76  an electronic format or otherwise the tax amounts and brackets
   77  applicable to each taxable sale such that the tax collected
   78  results in a tax rate no less than the tax rate imposed pursuant
   79  to this chapter and chapter 203.
   80         Section 2. This act is intended to be remedial in nature
   81  and applies retroactively. This act does not provide a basis for
   82  an assessment of any tax not paid or create a right to a refund
   83  or credit of any tax paid under s. 202.16, Florida Statutes,
   84  before July 1, 2011.
   85         Section 3. This act shall take effect July 1, 2011.