Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1710
       
       
       
       
       
       
                                Barcode 854936                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/01/2013           .                                
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       The Committee on Commerce and Tourism (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (j) through (m) of subsection (1) of
    6  section 212.05, Florida Statutes, are redesignated as paragraphs
    7  (i) through (l), respectively, and present paragraph (i) of that
    8  subsection is amended, to read:
    9         212.05 Sales, storage, use tax.—It is hereby declared to be
   10  the legislative intent that every person is exercising a taxable
   11  privilege who engages in the business of selling tangible
   12  personal property at retail in this state, including the
   13  business of making mail order sales, or who rents or furnishes
   14  any of the things or services taxable under this chapter, or who
   15  stores for use or consumption in this state any item or article
   16  of tangible personal property as defined herein and who leases
   17  or rents such property within the state.
   18         (1) For the exercise of such privilege, a tax is levied on
   19  each taxable transaction or incident, which tax is due and
   20  payable as follows:
   21         (i)1. At the rate of 6 percent on charges for all:
   22         a. Detective, burglar protection, and other protection
   23  services (NAICS National Numbers 561611, 561612, 561613, and
   24  561621). Any law enforcement officer, as defined in s. 943.10,
   25  who is performing approved duties as determined by his or her
   26  local law enforcement agency in his or her capacity as a law
   27  enforcement officer, and who is subject to the direct and
   28  immediate command of his or her law enforcement agency, and in
   29  the law enforcement officer’s uniform as authorized by his or
   30  her law enforcement agency, is performing law enforcement and
   31  public safety services and is not performing detective, burglar
   32  protection, or other protective services, if the law enforcement
   33  officer is performing his or her approved duties in a
   34  geographical area in which the law enforcement officer has
   35  arrest jurisdiction. Such law enforcement and public safety
   36  services are not subject to tax irrespective of whether the duty
   37  is characterized as “extra duty,” “off-duty,” or “secondary
   38  employment,” and irrespective of whether the officer is paid
   39  directly or through the officer’s agency by an outside source.
   40  The term “law enforcement officer” includes full-time or part
   41  time law enforcement officers, and any auxiliary law enforcement
   42  officer, when such auxiliary law enforcement officer is working
   43  under the direct supervision of a full-time or part-time law
   44  enforcement officer.
   45         b. nonresidential cleaning, excluding cleaning of the
   46  interiors of transportation equipment, and nonresidential
   47  building pest control services (NAICS National Numbers 561710
   48  and 561720).
   49         2. As used in this paragraph, “NAICS” means those
   50  classifications contained in the North American Industry
   51  Classification System, as published in 2007 by the Office of
   52  Management and Budget, Executive Office of the President.
   53         3. Charges for detective, burglar protection, and other
   54  protection security services performed in this state but used
   55  outside this state are exempt from taxation. Charges for
   56  detective, burglar protection, and other protection security
   57  services performed outside this state and used in this state are
   58  subject to tax.
   59         4. If a transaction involves both the sale or use of a
   60  service taxable under this paragraph and the sale or use of a
   61  service or any other item not taxable under this chapter, the
   62  consideration paid must be separately identified and stated with
   63  respect to the taxable and exempt portions of the transaction or
   64  the entire transaction shall be presumed taxable. The burden
   65  shall be on the seller of the service or the purchaser of the
   66  service, whichever applicable, to overcome this presumption by
   67  providing documentary evidence as to which portion of the
   68  transaction is exempt from tax. The department is authorized to
   69  adjust the amount of consideration identified as the taxable and
   70  exempt portions of the transaction; however, a determination
   71  that the taxable and exempt portions are inaccurately stated and
   72  that the adjustment is applicable must be supported by
   73  substantial competent evidence.
   74         5. Each seller of services subject to sales tax pursuant to
   75  this paragraph shall maintain a monthly log showing each
   76  transaction for which sales tax was not collected because the
   77  services meet the requirements of subparagraph 3. for out-of
   78  state use. The log must identify the purchaser’s name, location
   79  and mailing address, and federal employer identification number,
   80  if a business, or the social security number, if an individual,
   81  the service sold, the price of the service, the date of sale,
   82  the reason for the exemption, and the sales invoice number. The
   83  monthly log shall be maintained pursuant to the same
   84  requirements and subject to the same penalties imposed for the
   85  keeping of similar records pursuant to this chapter.
   86         Section 2. Subsection (4) of section 212.0501, Florida
   87  Statutes, is amended to read:
   88         212.0501 Tax on diesel fuel for business purposes;
   89  purchase, storage, and use.—
   90         (4) Except as otherwise provided in s. 212.05 (1)(j)
   91  212.05(1)(k), a licensed sales tax dealer may elect to collect
   92  such tax pursuant to this chapter on all sales to each person
   93  who purchases diesel fuel for consumption, use, or storage by a
   94  trade or business. If When the licensed sales tax dealer has not
   95  elected to collect such tax on all such sales, the purchaser or
   96  ultimate consumer is shall be liable for the payment of tax
   97  directly to the state.
   98         Section 3. Paragraph (v) of subsection (7) of section
   99  212.08, Florida Statutes, is amended to read:
  100         212.08 Sales, rental, use, consumption, distribution, and
  101  storage tax; specified exemptions.—The sale at retail, the
  102  rental, the use, the consumption, the distribution, and the
  103  storage to be used or consumed in this state of the following
  104  are hereby specifically exempt from the tax imposed by this
  105  chapter.
  106         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  107  entity by this chapter do not inure to any transaction that is
  108  otherwise taxable under this chapter when payment is made by a
  109  representative or employee of the entity by any means,
  110  including, but not limited to, cash, check, or credit card, even
  111  when that representative or employee is subsequently reimbursed
  112  by the entity. In addition, exemptions provided to any entity by
  113  this subsection do not inure to any transaction that is
  114  otherwise taxable under this chapter unless the entity has
  115  obtained a sales tax exemption certificate from the department
  116  or the entity obtains or provides other documentation as
  117  required by the department. Eligible purchases or leases made
  118  with such a certificate must be in strict compliance with this
  119  subsection and departmental rules, and any person who makes an
  120  exempt purchase with a certificate that is not in strict
  121  compliance with this subsection and the rules is liable for and
  122  shall pay the tax. The department may adopt rules to administer
  123  this subsection.
  124         (v) Professional services.—
  125         1. Also exempted are professional, insurance, or personal
  126  service transactions that involve sales as inconsequential
  127  elements for which no separate charges are made.
  128         1.2. The personal service transactions exempted under this
  129  paragraph pursuant to subparagraph 1. do not include exempt the
  130  sale of information services involving the furnishing of
  131  printed, mimeographed, or multigraphed matter, or matter
  132  duplicating written or printed matter in any other manner, other
  133  than professional services and services of employees, agents, or
  134  other persons acting in a representative or fiduciary capacity
  135  or information services furnished to newspapers and radio and
  136  television stations. As used in this subparagraph, the term
  137  “information services” includes the services of collecting,
  138  compiling, or analyzing information of any kind or nature and
  139  furnishing reports thereof to other persons.
  140         2.3. This exemption does not apply to any service warranty
  141  transaction taxable under s. 212.0506.
  142         4. This exemption does not apply to any service transaction
  143  taxable under s. 212.05(1)(i).
  144         Section 4. This act shall take effect July 1, 2013.
  145  
  146  ================= T I T L E  A M E N D M E N T ================
  147         And the title is amended as follows:
  148         Delete everything before the enacting clause
  149  and insert:
  150                        A bill to be entitled                      
  151         An act relating to the sales and use tax on services;
  152         amending s. 212.05, F.S.; deleting provisions relating
  153         to the imposition and application of the sales and use
  154         tax to detective, burglar protection, and other
  155         protection services, nonresidential cleaning services,
  156         and nonresidential building pest control services;
  157         amending ss. 212.0501 and 212.08, F.S.; conforming
  158         cross-references; providing an effective date.