Florida Senate - 2012 SB 770
By Senator Hays
20-00665-12 2012770__
1 A bill to be entitled
2 An act relating to exemptions from local business
3 taxes; creating s. 205.067, F.S.; specifying that an
4 individual licensed and operating as a broker
5 associate or sales associate is not required to apply
6 for an exemption from a local business tax or take
7 certain actions relating to a local business tax;
8 prohibiting a local governing authority from holding
9 such exempt individual liable for the failure of a
10 principal or employer to comply with certain
11 obligations related to a local business tax or from
12 requiring the exempt individual to take certain
13 actions related to a local business tax; prohibiting a
14 local governing authority from requiring a principal
15 or employer to provide personal or contact information
16 for such exempt individuals in order to obtain a local
17 business tax receipt; amending s. 205.066, F.S.;
18 conforming provisions; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 205.067, Florida Statutes, is created to
23 read:
24 205.067 Exemptions; broker associates and sales
25 associates.—
26 (1) An individual licensed and operating as a broker
27 associate or sales associate under chapter 475 is not required
28 to apply for an exemption from a local business tax, pay a local
29 business tax, or obtain a local business tax receipt.
30 (2) An individual exempt under this section may not be held
31 liable by any local governing authority for the failure of a
32 principal or employer to apply for an exemption from a local
33 business tax, pay a local business tax, or obtain a local
34 business tax receipt. An individual exempt under this section
35 may not be required by any local governing authority to apply
36 for an exemption from a local business tax, otherwise prove his
37 or her exempt status, or pay any tax or fee related to a local
38 business tax.
39 (3) A principal or employer who is required to obtain a
40 local business tax receipt may not be required by a local
41 governing authority to provide personal or contact information
42 for individuals exempt under this section in order to obtain a
43 local business tax receipt.
44 Section 2. Subsection (1) of section 205.066, Florida
45 Statutes, is amended to read:
46 205.066 Exemptions; employees.—
47 (1) An individual who engages in or manages a business,
48 profession, or occupation as an employee of another person is
49 not required to apply for an exemption from a local business
50 tax, pay a local business tax, or obtain a local business tax
51 receipt. For purposes of this section, an individual licensed
52 and operating as a broker associate or sales associate under
53 chapter 475 is an employee. An individual acting in the capacity
54 of an independent contractor is not an employee.
55 Section 3. This act shall take effect July 1, 2012.