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.