Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for SB 376 Barcode 800070 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Altman moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsections (8) and (9) are added to section 6 212.03, Florida Statutes, to read: 7 212.03 Transient rentals tax; rate, procedure, enforcement, 8 exemptions.— 9 (8)(a) For purposes of this section, ss. 125.0104, 10 125.0108, and 212.0305, and chapter 67-930, Laws of Florida, as 11 amended, the business of renting, leasing, letting, or granting 12 a license to use transient rental accommodations includes 13 charging or receiving a payment consisting of, in any part, an 14 amount collected for the benefit of an owner, owner’s 15 representative, or operator of a transient rental accommodation 16 located in this state for the occupancy, use, or possession of 17 the accommodation, or the right to occupy, use, or possess the 18 accommodation during the course of engaging in any of the 19 following activities: 20 1. Offering information regarding the availability of 21 transient rental accommodations located in this state; 22 2. Disclosing or establishing the amount paid for transient 23 rental accommodations located in this state; 24 3. Assisting in making a reservation for transient rental 25 accommodations located in this state; or 26 4. Participating in arranging for the occupancy of 27 transient rental accommodations located in this state on behalf 28 of another person. 29 (b) The terms “total rental charged” as used in this 30 section, “total consideration” as used in ss. 125.0104 and 31 125.0108, “consideration” as used in s. 212.0305, and “rent” as 32 used in chapter 67-930, Laws of Florida, as amended, have the 33 same meaning and include amounts charged or received by a dealer 34 in connection with an activity described in paragraph (a) and 35 amounts charged or received for the benefit of an owner, owner’s 36 representative, or operator of a transient rental accommodation 37 located in this state for the occupancy, use, or possession of 38 an accommodation, or the right to occupy, use, or possess an 39 accommodation. Such amounts include cash, credits, property, 40 goods, wares, merchandise, services, or other things of value, 41 without deduction for separately identified charges, surcharges, 42 fees, or reimbursements, unless specifically excluded under 43 paragraph (c). 44 (c) The terms “total rent” as used in this section, “total 45 consideration” as used in ss. 125.0104 and 125.0108, 46 “consideration” as used in s. 212.0305, and “rent” as used in 47 chapter 67-930, Laws of Florida, as amended, do not include: 48 1. Mandatory charges imposed for the availability of 49 communications services; or 50 2. Separately stated taxes that are remitted to the taxing 51 authority imposing the tax. 52 (9)(a) A person who engages in activities described in 53 paragraph (8)(a) shall register with the department and each 54 self-administering local government and collect and remit taxes 55 on the total rent pursuant to this section, total consideration 56 pursuant to ss. 125.0104 and 125.0108, consideration pursuant to 57 s. 212.0305, and rent pursuant to chapter 67-930, Laws of 58 Florida. An owner, owner’s representative, or operator providing 59 transient accommodations in this state may not enter into an 60 agreement with any person intending to engage in the business 61 activities described in paragraph (8)(a) concerning such 62 accommodations unless such person has registered as a dealer 63 pursuant to this chapter, has provided a resale certificate and 64 has agreed in writing with the owner, owner’s representative, or 65 operator to truthfully collect and remit tax on the total amount 66 due on the rental of transient accommodations located in this 67 state. 68 (b) The department may provide by rule for a single 69 registration with the department by a dealer engaged in the 70 activities described in paragraph (8)(a) for all political 71 subdivisions for which the tourist development tax is collected 72 by the department. The department need not require separate 73 registrations for each location where transient rental 74 accommodations are located for a dealer who is not an owner or 75 operator. However, a dealer engaged in the activities described 76 in paragraph (8)(a) must register with each political 77 subdivision that collects its own tourist development tax. Such 78 dealer may file consolidated returns pursuant to s. 79 212.11(1)(e). 80 (c) Each dealer engaged in the activities described in 81 paragraph (8)(a) shall add the amount of the taxes imposed by 82 this section and ss. 125.0104, 125.0108, and 212.0305 and 83 chapter 67-930, Laws of Florida, as amended, to the total rent 84 and shall state the taxes separately from the price of the 85 tangible personal property or services on all invoices. The tax 86 shall be due and payable at the time of receipt of the payment 87 in the manner provided for dealers pursuant to this chapter. The 88 combined amount of taxes due under ss. 125.0104 and 125.0108, 89 and chapter 67-930, Laws of Florida, as amended, shall be stated 90 and identified as local tax, and the tax imposed pursuant to 91 this section shall be stated and identified as sales tax. 92 Section 2. Paragraph (m) is added to subsection (2) of 93 section 212.06, Florida Statutes, to read: 94 212.06 Sales, storage, use tax; collectible from dealers; 95 “dealer” defined; dealers to collect from purchasers; 96 legislative intent as to scope of tax.— 97 (2) 98 (m) “Dealer” also means any person who pursuant to an 99 agreement with an owner, owner’s representative, or operator of 100 a transient rental accommodation located in this state and 101 incident to the sale, lease, or rental of such transient 102 accommodations, receives a payment consisting of, in any part, 103 an amount subject to tax under subsection (1) during the course 104 of engaging in any of the following activities: 105 1. Offering information regarding the availability of 106 transient rental accommodations located in this state; 107 2. Disclosing or establishing the amount paid for transient 108 rental accommodations located in this state; 109 3. Assisting in making a reservation for transient rental 110 accommodations located in this state; or 111 4. Participating in arranging for the occupancy of 112 transient rental accommodations located in this state on behalf 113 of another person. 114 Section 3. The Department of Revenue may adopt emergency 115 rules to implement this act. These rules may prescribe the 116 necessary forms and procedures that apply to the transient 117 rentals tax including provisions to ensure the timely 118 registration, collection, and remittance of the taxes imposed by 119 state law on transient rentals. Notwithstanding any other law, 120 the emergency rules shall remain in effect for 6 months after 121 the date of adoption of the rules or the date of final adoption, 122 whichever occurs later. 123 Section 4. For transactions that occurred before July 1, 124 2011, it is not the intent of the Legislature to affect the 125 interpretation of tax liability under the law applicable to 126 those transactions. 127 Section 5. This act shall take effect July 1, 2011. 128 129 ================= T I T L E A M E N D M E N T ================ 130 And the title is amended as follows: 131 Delete everything before the enacting clause 132 and insert: 133 A bill to be entitled 134 An act relating to the tax on transient rentals; 135 amending s. 212.03, F.S.; redefining terms; requiring 136 persons who engage in certain business activities to 137 collect and remit the tax on transient rentals; 138 prohibiting an owner, owner’s representative, or 139 operator from authorizing another person to facilitate 140 the rental of transient rental accommodations unless 141 the person agrees to collect and remit the tax on 142 transient rentals; authorizing the Department of 143 Revenue to provide by rule for a single registration 144 for a dealer to register to collect the tourist 145 development tax in certain political subdivisions; 146 requiring dealers who engage in certain activities 147 relating to transient rentals to separately state the 148 taxes separately from the tangible personal property 149 or services on the invoice; amending s. 212.06, F.S.; 150 redefining the term “dealer”; authorizing the 151 Department of Revenue to adopt emergency rules to 152 implement the act; providing legislative intent; 153 providing for prospective application of the act; 154 providing an effective date.