Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SPB 7136 Barcode 273154 LEGISLATIVE ACTION Senate . House Comm: FAV . 04/01/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget (Thrasher) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 460 and 461 4 insert: 5 Section 11. Paragraph (h) of subsection (1) of section 6 212.05, Florida Statutes, is amended to read: 7 212.05 Sales, storage, use tax.—It is hereby declared to be 8 the legislative intent that every person is exercising a taxable 9 privilege who engages in the business of selling tangible 10 personal property at retail in this state, including the 11 business of making mail order sales, or who rents or furnishes 12 any of the things or services taxable under this chapter, or who 13 stores for use or consumption in this state any item or article 14 of tangible personal property as defined herein and who leases 15 or rents such property within the state. 16 (1) For the exercise of such privilege, a tax is levied on 17 each taxable transaction or incident, which tax is due and 18 payable as follows: 19 (h)1.a. Except as provided in subparagraph b., a tax is 20 imposed at the rate of 4 percent on the charges for the use of 21 coin-operated amusement machines. The tax shall be calculated by 22 dividing the gross receipts from such charges for the applicable 23 reporting period by a divisor, determined as provided in this 24 subparagraph, to compute gross taxable sales, and then 25 subtracting gross taxable sales from gross receipts to arrive at 26 the amount of tax due. For counties that do not impose a 27 discretionary sales surtax, the divisor is equal to 1.04; for 28 counties that impose a 0.5 percent discretionary sales surtax, 29 the divisor is equal to 1.045; for counties that impose a 1 30 percent discretionary sales surtax, the divisor is equal to 31 1.050; and for counties that impose a 2 percent sales surtax, 32 the divisor is equal to 1.060. If a county imposes a 33 discretionary sales surtax that is not listed in this 34 subparagraph, the department shall make the applicable divisor 35 available in an electronic format or otherwise. Additional 36 divisors shall bear the same mathematical relationship to the 37 next higher and next lower divisors as the new surtax rate bears 38 to the next higher and next lower surtax rates for which 39 divisors have been established. When a machine is activated by a 40 slug, token, coupon, or any similar device which has been 41 purchased, the tax is on the price paid by the user of the 42 device for such device. 43 b. A tax is imposed at the rate of 1 percent on the charges 44 for the use of coin-operated amusement machines operated on the 45 licensed premises of a pari-mutuel facility located in a city or 46 county that chooses to license the use of such machines and 47 imposes an additional licensing fee or other fees on the 48 operator or the machines located at pari-mutuel facilities 49 within the jurisdiction of the county or city. The tax shall be 50 calculated by dividing the gross receipts from such charges for 51 the applicable reporting period by a divisor, determined as 52 provided in this sub-subparagraph, to compute gross taxable 53 sales, and then subtracting gross taxable sales from gross 54 receipts to arrive at the amount of tax due. For this sub 55 subparagraph, the divisor is equal to 1.01. 56 2. As used in this paragraph, the term “operator” means any 57 person who possesses a coin-operated amusement machine for the 58 purpose of generating sales through that machine and who is 59 responsible for removing the receipts from the machine. 60 a. If the owner of the machine is also the operator of it, 61 he or she shall be liable for payment of the tax without any 62 deduction for rent or a license fee paid to a location owner for 63 the use of any real property on which the machine is located. 64 b. If the owner or lessee of the machine is also its 65 operator, he or she shall be liable for payment of the tax on 66 the purchase or lease of the machine, as well as the tax on 67 sales generated through the machine. 68 c. If the proprietor of the business where the machine is 69 located does not own the machine, he or she shall be deemed to 70 be the lessee and operator of the machine and is responsible for 71 the payment of the tax on sales, unless such responsibility is 72 otherwise provided for in a written agreement between him or her 73 and the machine owner. 74 3.a. An operator of a coin-operated amusement machine may 75 not operate or cause to be operated in this state any such 76 machine until the operator has registered with the department 77 and has conspicuously displayed an identifying certificate 78 issued by the department. The identifying certificate shall be 79 issued by the department upon application from the operator. The 80 identifying certificate shall include a unique number, and the 81 certificate shall be permanently marked with the operator’s 82 name, the operator’s sales tax number, and the maximum number of 83 machines to be operated under the certificate. An identifying 84 certificate shall not be transferred from one operator to 85 another. The identifying certificate must be conspicuously 86 displayed on the premises where the coin-operated amusement 87 machines are being operated. 88 b. The operator of the machine must obtain an identifying 89 certificate before the machine is first operated in the state 90 and by July 1 of each year thereafter. The annual fee for each 91 certificate shall be based on the number of machines identified 92 on the application times $30 and is due and payable upon 93 application for the identifying device. The application shall 94 contain the operator’s name, sales tax number, business address 95 where the machines are being operated, and the number of 96 machines in operation at that place of business by the operator. 97 No operator may operate more machines than are listed on the 98 certificate. A new certificate is required if more machines are 99 being operated at that location than are listed on the 100 certificate. The fee for the new certificate shall be based on 101 the number of additional machines identified on the application 102 form times $30. 103 c. A penalty of $250 per machine is imposed on the operator 104 for failing to properly obtain and display the required 105 identifying certificate. A penalty of $250 is imposed on the 106 lessee of any machine placed in a place of business without a 107 proper current identifying certificate. Such penalties shall 108 apply in addition to all other applicable taxes, interest, and 109 penalties. 110 d. Operators of coin-operated amusement machines must 111 obtain a separate sales and use tax certificate of registration 112 for each county in which such machines are located. One sales 113 and use tax certificate of registration is sufficient for all of 114 the operator’s machines within a single county. 115 4. The provisions of this paragraph do not apply to coin 116 operated amusement machines owned and operated by churches or 117 synagogues. 118 5. In addition to any other penalties imposed by this 119 chapter, a person who knowingly and willfully violates any 120 provision of this paragraph commits a misdemeanor of the second 121 degree, punishable as provided in s. 775.082 or s. 775.083. 122 6. The department may adopt rules necessary to administer 123 the provisions of this paragraph. 124 125 ================= T I T L E A M E N D M E N T ================ 126 And the title is amended as follows: 127 Delete line 41 128 and insert: 129 review erroneous tax certificates; amending s. 212.05, 130 F.S.; imposing a tax on the charges for the use of 131 coin-operated amusement machines operated on the 132 licensed premises of a pari-mutuel facility located in 133 certain cities or counties; amending s. 213.69