Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for SB 376 Barcode 805408 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lynn 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), (9), and (10) are added to 6 section 212.03, Florida Statutes, to read: 7 212.03 Transient rentals tax; rate, procedure, enforcement, 8 exemptions.— 9 (8) For purposes of this section, ss. 125.0104, 125.0108, 10 and 212.0305, and chapter 67-930, Laws of Florida, as amended, 11 the business of renting, leasing, letting, or granting a license 12 to use transient rental accommodations includes any activity in 13 which a person offers information about the availability of 14 accommodations to a customer, arranges for the customer’s 15 occupancy of the accommodations, establishes the total rent the 16 customer pays for the accommodations, or collects the rental 17 payments from the customer. 18 (9)(a) The terms “total rent” as used in this section, 19 “total consideration” as used in ss. 125.0104 and 125.0108, 20 “consideration” as used in s. 212.0305, and “rent” as used in 21 chapter 67-930, Laws of Florida, as amended, have the same 22 meaning and include: 23 1. The total amount a customer pays for the right to occupy 24 a transient accommodation. 25 2. Charges that must be paid as a condition of the right of 26 occupancy, except for mandatory fees imposed for the 27 availability of communications services. 28 3. Charges paid by a customer to the person collecting the 29 rent or consideration as a condition of the right of occupancy, 30 even if the charges are separately stated or are for tangible 31 personal property or services provided by a third party. 32 4. Charges for the use of tangible personal property or 33 services as a condition of the right of occupancy, even if 34 separately stated. 35 (b) Notwithstanding paragraph (a), the department may adopt 36 rules that exclude separately stated charges for tangible 37 personal property and services from the definition of total rent 38 or total consideration. 39 (10) Persons engaging in activities described in subsection 40 (8) shall register with the department and collect and remit 41 taxes on the total rent charged to their customers, unless the 42 registered owners or operators of the accommodations agree in 43 writing to report and remit taxes on their behalf. Any written 44 agreement must require the person collecting the rent to report 45 total taxable sales and taxes due and pay the taxes collected to 46 the owner or operator by the last day of the month in which the 47 customer pays the rent or the last day of the month in which the 48 customer completes the occupancy of the accommodation. The owner 49 or operator shall report and remit the taxes along with the 50 owner or operator’s return, which is due in the month following 51 the month in which the taxes are paid to the owner or operator. 52 The owner or operator is not liable for any tax, penalty, or 53 interest due as a result of the failure of the person who 54 arranged the occupancy and collected the rent to accurately 55 report and remit the taxes imposed by this section or by s. 56 125.0104, s. 125.0108, or s. 212.0305, or s. 2 of chapter 67 57 930, Laws of Florida, as amended. If the owner or operator does 58 not agree to report and remit taxes on behalf of the person who 59 rents the accommodations as provided in subsection (8), that 60 person shall extend his or her annual resale certificate in lieu 61 of paying taxes on the amounts he or she pays to the owner or 62 operator for the accommodations. A person engaged in the 63 activities described in subsection (8) may file with the 64 department a single application for registration. Such 65 application for registration must identify each county in which 66 transient accommodations are located. Such person must also file 67 a separate registration with each county that self-administers 68 any local transient accommodations tax. A person engaged in the 69 activities described in subsection (8) may file a consolidated 70 return as provided in s. 212.11(1)(e). 71 Section 2. (1) The Department of Revenue shall provide for 72 an amnesty for unpaid taxes, penalties, and interest imposed 73 under chapter 125 or chapter 212, Florida Statutes, or chapter 74 67-930, Laws of Florida, as amended, on transient rentals if: 75 (a) The rentals subject to amnesty were made prior to July 76 1, 2011. 77 (b) The rental payments were collected by persons who are 78 not owners, operators, or managers of the transient rental 79 facilities or their agents. 80 (c) The person who collected the rental payments registers 81 with the department and any applicable local jurisdictions to 82 pay taxes on transient rentals on or before October 1, 2011. 83 (d) The person who collected the rental payments applies 84 for amnesty by October 1, 2011, pursuant to rules of the 85 department. 86 (2)(a) The amnesty is not available for taxes, penalties, 87 or interest assessed if the assessment is final and has not been 88 timely challenged, or for any taxes, penalties, or interest that 89 have been paid to the department or other jurisdiction unless 90 the payment is the subject of an assessment that is not final or 91 that has been timely challenged. 92 (b) The amnesty is not available for tax billed to or 93 collected from the consumer who pays for occupancy of the 94 transient rental facility. The amnesty applies, however, to such 95 amounts to the extent that the person who collected the rental 96 payments documents that such taxes were remitted to the owner or 97 operator of the transient rental facility. 98 (3) The Department of Revenue may adopt emergency rules to 99 implement the provisions of this act. Such rules may provide 100 forms and procedures for applying for amnesty, for reporting the 101 rentals for which amnesty is sought, and for ensuring the 102 applicant’s ongoing commitment to registration, collection, and 103 remittance of the taxes imposed by state law on transient 104 rentals. Notwithstanding any other provision of law, the 105 emergency rules shall remain effective until 6 months after the 106 date of adoption of the rule or the date of final resolution of 107 all amnesty applications filed pursuant to this section, 108 whichever occurs later. These rules may be renewed during the 109 pendency of procedures to adopt rules addressing the subject of 110 the emergency rules. 111 Section 3. This act shall take effect July 1, 2011. 112 113 ================= T I T L E A M E N D M E N T ================ 114 And the title is amended as follows: 115 Delete everything before the enacting clause 116 and insert: 117 A bill to be entitled 118 An act relating to the tax on transient rentals; 119 amending s. 212.03, F.S.; requiring that persons who 120 engage in certain business activities related to 121 transient rentals collect the tax; providing 122 definitions; authorizing the Department of Revenue to 123 adopt rules to exclude certain charges from the 124 definition of the terms “total rent” or “total 125 consideration”; requiring certain persons to report 126 and remit the tax on certain transient rentals; 127 providing requirements, procedures, and limitations; 128 requiring the Department of Revenue to provide for an 129 amnesty for certain unpaid taxes, penalties, and 130 interest; providing criteria for qualifying for the 131 amnesty; providing exclusions from application of the 132 amnesty; authorizing the department to adopt emergency 133 rules to implement the amnesty; providing for the 134 effective period of such rules; providing an effective 135 date.