Florida Senate - 2021                        CS for CS for SB 50
       
       
        
       By the Committees on Appropriations; and Finance and Tax; and
       Senators Gruters, Perry, Hooper, Torres, Taddeo, Burgess,
       Ausley, Albritton, Harrell, and Stewart
       
       
       
       576-02417B-21                                           202150c2
    1                        A bill to be entitled                      
    2         An act relating to taxes and fees on remote sales;
    3         amending s. 212.02, F.S.; expanding the definition of
    4         the term “retail sale” to include sales facilitated
    5         through a marketplace; conforming a provision to
    6         changes made by the act; amending s. 212.05, F.S.;
    7         conforming a provision to changes made by the act;
    8         amending s. 212.054, F.S.; requiring marketplace
    9         providers and persons located outside of this state to
   10         remit discretionary sales surtax when delivering
   11         tangible personal property to a county imposing a
   12         surtax; amending s. 212.0596, F.S.; replacing
   13         provisions relating to the taxation of mail order
   14         sales with provisions relating to the taxation of
   15         remote sales; defining the terms “remote sale” and
   16         “substantial number of remote sales”; providing that
   17         every person making a substantial number of remote
   18         sales is a dealer for purposes of the sales and use
   19         tax; authorizing the Department of Revenue to adopt
   20         rules for collecting use taxes from unregistered
   21         persons; requiring marketplace providers and persons
   22         required to report remote sales to remit discretionary
   23         sales surtax when delivering tangible personal
   24         property to a county imposing a surtax; creating s.
   25         212.05965, F.S.; defining terms; providing that
   26         certain marketplace providers are dealers for purposes
   27         of the sales and use tax; requiring marketplace
   28         providers to provide a certain certification to their
   29         marketplace sellers; specifying requirements for
   30         marketplace sellers; requiring marketplace providers
   31         to allow the Department of Revenue to examine and
   32         audit their books and records; specifying the
   33         examination and audit authority of the department;
   34         providing that a marketplace seller, rather than the
   35         marketplace provider, is liable for sales tax
   36         collection and remittance under certain circumstances;
   37         authorizing marketplace providers and marketplace
   38         sellers to enter into agreements for the recovery of
   39         certain taxes, interest, and penalties; providing
   40         construction and applicability; amending s. 212.05965,
   41         F.S.; requiring marketplace providers to collect and
   42         remit certain additional fees at the time of sale;
   43         authorizing marketplace providers and marketplace
   44         sellers to contractually agree for marketplace sellers
   45         to collect applicable taxes and fees; specifying
   46         requirements for marketplace sellers who collect such
   47         taxes and fees; providing for liability of sellers who
   48         fail to collect or remit such taxes and fees; amending
   49         s. 212.06, F.S.; revising the definition of the term
   50         “dealer”; conforming provisions to changes made by the
   51         act; amending 212.07, F.S.; conforming a cross
   52         reference; amending 212.11, F.S.; requiring certain
   53         marketplace providers or persons required to report
   54         remote sales to file returns and pay taxes
   55         electronically; amending s. 212.12, F.S.; deleting the
   56         authority of the department’s executive director to
   57         negotiate a collection allowance with certain dealers;
   58         conforming provisions to changes made by the act;
   59         amending s. 212.18, F.S.; requiring certain
   60         marketplace providers or persons required to report
   61         remote sales to file a registration application
   62         electronically; conforming a provision to changes made
   63         by the act; amending s. 212.20, F.S.; providing
   64         applicability of requirements for refund of taxes
   65         adjudicated unconstitutionally collected to taxes
   66         levied or collected pursuant to marketplace
   67         provisions; amending s. 213.27, F.S.; conforming
   68         provisions to changes made by the act; reenacting s.
   69         212.055, F.S., relating to discretionary sales
   70         surtaxes, to incorporate the amendment made to s.
   71         212.054, F.S., in references thereto; providing
   72         applicability; providing relief to certain persons for
   73         liability for tax, penalty, and interest due on
   74         certain remote sales and owed on certain purchases
   75         that occurred before the effective date of the act;
   76         providing applicability; prohibiting the department
   77         from using data received from marketplace providers or
   78         persons making remote sales for certain purposes;
   79         providing applicability; providing construction;
   80         authorizing the department to adopt emergency rules;
   81         providing for expiration of that authority; providing
   82         for severability; providing effective dates.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Paragraph (e) of subsection (14) of section
   87  212.02, Florida Statutes, is amended, and paragraph (f) is added
   88  to that subsection, to read:
   89         212.02 Definitions.—The following terms and phrases when
   90  used in this chapter have the meanings ascribed to them in this
   91  section, except where the context clearly indicates a different
   92  meaning:
   93         (14)
   94         (e) The term “retail sale” includes a remote mail order
   95  sale, as defined in s. 212.0596(1).
   96         (f)The term “retail sale” includes a sale facilitated
   97  through a marketplace as defined in s. 212.05965(1).
   98         Section 2. Section 212.05, Florida Statutes, is amended to
   99  read:
  100         212.05 Sales, storage, use tax.—It is hereby declared to be
  101  the legislative intent that every person is exercising a taxable
  102  privilege who engages in the business of selling tangible
  103  personal property at retail in this state, including the
  104  business of making or facilitating remote mail order sales;, or
  105  who rents or furnishes any of the things or services taxable
  106  under this chapter;, or who stores for use or consumption in
  107  this state any item or article of tangible personal property as
  108  defined herein and who leases or rents such property within the
  109  state.
  110         (1) For the exercise of such privilege, a tax is levied on
  111  each taxable transaction or incident, which tax is due and
  112  payable as follows:
  113         (a)1.a. At the rate of 6 percent of the sales price of each
  114  item or article of tangible personal property when sold at
  115  retail in this state, computed on each taxable sale for the
  116  purpose of remitting the amount of tax due the state, and
  117  including each and every retail sale.
  118         b. Each occasional or isolated sale of an aircraft, boat,
  119  mobile home, or motor vehicle of a class or type which is
  120  required to be registered, licensed, titled, or documented in
  121  this state or by the United States Government shall be subject
  122  to tax at the rate provided in this paragraph. The department
  123  shall by rule adopt any nationally recognized publication for
  124  valuation of used motor vehicles as the reference price list for
  125  any used motor vehicle which is required to be licensed pursuant
  126  to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
  127  party to an occasional or isolated sale of such a vehicle
  128  reports to the tax collector a sales price which is less than 80
  129  percent of the average loan price for the specified model and
  130  year of such vehicle as listed in the most recent reference
  131  price list, the tax levied under this paragraph shall be
  132  computed by the department on such average loan price unless the
  133  parties to the sale have provided to the tax collector an
  134  affidavit signed by each party, or other substantial proof,
  135  stating the actual sales price. Any party to such sale who
  136  reports a sales price less than the actual sales price is guilty
  137  of a misdemeanor of the first degree, punishable as provided in
  138  s. 775.082 or s. 775.083. The department shall collect or
  139  attempt to collect from such party any delinquent sales taxes.
  140  In addition, such party shall pay any tax due and any penalty
  141  and interest assessed plus a penalty equal to twice the amount
  142  of the additional tax owed. Notwithstanding any other provision
  143  of law, the Department of Revenue may waive or compromise any
  144  penalty imposed pursuant to this subparagraph.
  145         2. This paragraph does not apply to the sale of a boat or
  146  aircraft by or through a registered dealer under this chapter to
  147  a purchaser who, at the time of taking delivery, is a
  148  nonresident of this state, does not make his or her permanent
  149  place of abode in this state, and is not engaged in carrying on
  150  in this state any employment, trade, business, or profession in
  151  which the boat or aircraft will be used in this state, or is a
  152  corporation none of the officers or directors of which is a
  153  resident of, or makes his or her permanent place of abode in,
  154  this state, or is a noncorporate entity that has no individual
  155  vested with authority to participate in the management,
  156  direction, or control of the entity’s affairs who is a resident
  157  of, or makes his or her permanent abode in, this state. For
  158  purposes of this exemption, either a registered dealer acting on
  159  his or her own behalf as seller, a registered dealer acting as
  160  broker on behalf of a seller, or a registered dealer acting as
  161  broker on behalf of the purchaser may be deemed to be the
  162  selling dealer. This exemption shall not be allowed unless:
  163         a. The purchaser removes a qualifying boat, as described in
  164  sub-subparagraph f., from the state within 90 days after the
  165  date of purchase or extension, or the purchaser removes a
  166  nonqualifying boat or an aircraft from this state within 10 days
  167  after the date of purchase or, when the boat or aircraft is
  168  repaired or altered, within 20 days after completion of the
  169  repairs or alterations; or if the aircraft will be registered in
  170  a foreign jurisdiction and:
  171         (I) Application for the aircraft’s registration is properly
  172  filed with a civil airworthiness authority of a foreign
  173  jurisdiction within 10 days after the date of purchase;
  174         (II) The purchaser removes the aircraft from the state to a
  175  foreign jurisdiction within 10 days after the date the aircraft
  176  is registered by the applicable foreign airworthiness authority;
  177  and
  178         (III) The aircraft is operated in the state solely to
  179  remove it from the state to a foreign jurisdiction.
  180  
  181  For purposes of this sub-subparagraph, the term “foreign
  182  jurisdiction” means any jurisdiction outside of the United
  183  States or any of its territories;
  184         b. The purchaser, within 90 days from the date of
  185  departure, provides the department with written proof that the
  186  purchaser licensed, registered, titled, or documented the boat
  187  or aircraft outside the state. If such written proof is
  188  unavailable, within 90 days the purchaser shall provide proof
  189  that the purchaser applied for such license, title,
  190  registration, or documentation. The purchaser shall forward to
  191  the department proof of title, license, registration, or
  192  documentation upon receipt;
  193         c. The purchaser, within 30 days after removing the boat or
  194  aircraft from Florida, furnishes the department with proof of
  195  removal in the form of receipts for fuel, dockage, slippage,
  196  tie-down, or hangaring from outside of Florida. The information
  197  so provided must clearly and specifically identify the boat or
  198  aircraft;
  199         d. The selling dealer, within 30 days after the date of
  200  sale, provides to the department a copy of the sales invoice,
  201  closing statement, bills of sale, and the original affidavit
  202  signed by the purchaser attesting that he or she has read the
  203  provisions of this section;
  204         e. The seller makes a copy of the affidavit a part of his
  205  or her record for as long as required by s. 213.35; and
  206         f. Unless the nonresident purchaser of a boat of 5 net tons
  207  of admeasurement or larger intends to remove the boat from this
  208  state within 10 days after the date of purchase or when the boat
  209  is repaired or altered, within 20 days after completion of the
  210  repairs or alterations, the nonresident purchaser applies to the
  211  selling dealer for a decal which authorizes 90 days after the
  212  date of purchase for removal of the boat. The nonresident
  213  purchaser of a qualifying boat may apply to the selling dealer
  214  within 60 days after the date of purchase for an extension decal
  215  that authorizes the boat to remain in this state for an
  216  additional 90 days, but not more than a total of 180 days,
  217  before the nonresident purchaser is required to pay the tax
  218  imposed by this chapter. The department is authorized to issue
  219  decals in advance to dealers. The number of decals issued in
  220  advance to a dealer shall be consistent with the volume of the
  221  dealer’s past sales of boats which qualify under this sub
  222  subparagraph. The selling dealer or his or her agent shall mark
  223  and affix the decals to qualifying boats in the manner
  224  prescribed by the department, before delivery of the boat.
  225         (I) The department is hereby authorized to charge dealers a
  226  fee sufficient to recover the costs of decals issued, except the
  227  extension decal shall cost $425.
  228         (II) The proceeds from the sale of decals will be deposited
  229  into the administrative trust fund.
  230         (III) Decals shall display information to identify the boat
  231  as a qualifying boat under this sub-subparagraph, including, but
  232  not limited to, the decal’s date of expiration.
  233         (IV) The department is authorized to require dealers who
  234  purchase decals to file reports with the department and may
  235  prescribe all necessary records by rule. All such records are
  236  subject to inspection by the department.
  237         (V) Any dealer or his or her agent who issues a decal
  238  falsely, fails to affix a decal, mismarks the expiration date of
  239  a decal, or fails to properly account for decals will be
  240  considered prima facie to have committed a fraudulent act to
  241  evade the tax and will be liable for payment of the tax plus a
  242  mandatory penalty of 200 percent of the tax, and shall be liable
  243  for fine and punishment as provided by law for a conviction of a
  244  misdemeanor of the first degree, as provided in s. 775.082 or s.
  245  775.083.
  246         (VI) Any nonresident purchaser of a boat who removes a
  247  decal before permanently removing the boat from the state, or
  248  defaces, changes, modifies, or alters a decal in a manner
  249  affecting its expiration date before its expiration, or who
  250  causes or allows the same to be done by another, will be
  251  considered prima facie to have committed a fraudulent act to
  252  evade the tax and will be liable for payment of the tax plus a
  253  mandatory penalty of 200 percent of the tax, and shall be liable
  254  for fine and punishment as provided by law for a conviction of a
  255  misdemeanor of the first degree, as provided in s. 775.082 or s.
  256  775.083.
  257         (VII) The department is authorized to adopt rules necessary
  258  to administer and enforce this subparagraph and to publish the
  259  necessary forms and instructions.
  260         (VIII) The department is hereby authorized to adopt
  261  emergency rules pursuant to s. 120.54(4) to administer and
  262  enforce the provisions of this subparagraph.
  263  
  264  If the purchaser fails to remove the qualifying boat from this
  265  state within the maximum 180 days after purchase or a
  266  nonqualifying boat or an aircraft from this state within 10 days
  267  after purchase or, when the boat or aircraft is repaired or
  268  altered, within 20 days after completion of such repairs or
  269  alterations, or permits the boat or aircraft to return to this
  270  state within 6 months from the date of departure, except as
  271  provided in s. 212.08(7)(fff), or if the purchaser fails to
  272  furnish the department with any of the documentation required by
  273  this subparagraph within the prescribed time period, the
  274  purchaser shall be liable for use tax on the cost price of the
  275  boat or aircraft and, in addition thereto, payment of a penalty
  276  to the Department of Revenue equal to the tax payable. This
  277  penalty shall be in lieu of the penalty imposed by s. 212.12(2).
  278  The maximum 180-day period following the sale of a qualifying
  279  boat tax-exempt to a nonresident may not be tolled for any
  280  reason.
  281         (b) At the rate of 6 percent of the cost price of each item
  282  or article of tangible personal property when the same is not
  283  sold but is used, consumed, distributed, or stored for use or
  284  consumption in this state; however, for tangible property
  285  originally purchased exempt from tax for use exclusively for
  286  lease and which is converted to the owner’s own use, tax may be
  287  paid on the fair market value of the property at the time of
  288  conversion. If the fair market value of the property cannot be
  289  determined, use tax at the time of conversion shall be based on
  290  the owner’s acquisition cost. Under no circumstances may the
  291  aggregate amount of sales tax from leasing the property and use
  292  tax due at the time of conversion be less than the total sales
  293  tax that would have been due on the original acquisition cost
  294  paid by the owner.
  295         (c) At the rate of 6 percent of the gross proceeds derived
  296  from the lease or rental of tangible personal property, as
  297  defined herein; however, the following special provisions apply
  298  to the lease or rental of motor vehicles:
  299         1. When a motor vehicle is leased or rented for a period of
  300  less than 12 months:
  301         a. If the motor vehicle is rented in Florida, the entire
  302  amount of such rental is taxable, even if the vehicle is dropped
  303  off in another state.
  304         b. If the motor vehicle is rented in another state and
  305  dropped off in Florida, the rental is exempt from Florida tax.
  306         2. Except as provided in subparagraph 3., for the lease or
  307  rental of a motor vehicle for a period of not less than 12
  308  months, sales tax is due on the lease or rental payments if the
  309  vehicle is registered in this state; provided, however, that no
  310  tax shall be due if the taxpayer documents use of the motor
  311  vehicle outside this state and tax is being paid on the lease or
  312  rental payments in another state.
  313         3. The tax imposed by this chapter does not apply to the
  314  lease or rental of a commercial motor vehicle as defined in s.
  315  316.003(13)(a) to one lessee or rentee for a period of not less
  316  than 12 months when tax was paid on the purchase price of such
  317  vehicle by the lessor. To the extent tax was paid with respect
  318  to the purchase of such vehicle in another state, territory of
  319  the United States, or the District of Columbia, the Florida tax
  320  payable shall be reduced in accordance with the provisions of s.
  321  212.06(7). This subparagraph shall only be available when the
  322  lease or rental of such property is an established business or
  323  part of an established business or the same is incidental or
  324  germane to such business.
  325         (d) At the rate of 6 percent of the lease or rental price
  326  paid by a lessee or rentee, or contracted or agreed to be paid
  327  by a lessee or rentee, to the owner of the tangible personal
  328  property.
  329         (e)1. At the rate of 6 percent on charges for:
  330         a. Prepaid calling arrangements. The tax on charges for
  331  prepaid calling arrangements shall be collected at the time of
  332  sale and remitted by the selling dealer.
  333         (I) “Prepaid calling arrangement” has the same meaning as
  334  provided in s. 202.11.
  335         (II) If the sale or recharge of the prepaid calling
  336  arrangement does not take place at the dealer’s place of
  337  business, it shall be deemed to have taken place at the
  338  customer’s shipping address or, if no item is shipped, at the
  339  customer’s address or the location associated with the
  340  customer’s mobile telephone number.
  341         (III) The sale or recharge of a prepaid calling arrangement
  342  shall be treated as a sale of tangible personal property for
  343  purposes of this chapter, regardless of whether a tangible item
  344  evidencing such arrangement is furnished to the purchaser, and
  345  such sale within this state subjects the selling dealer to the
  346  jurisdiction of this state for purposes of this subsection.
  347         (IV) No additional tax under this chapter or chapter 202 is
  348  due or payable if a purchaser of a prepaid calling arrangement
  349  who has paid tax under this chapter on the sale or recharge of
  350  such arrangement applies one or more units of the prepaid
  351  calling arrangement to obtain communications services as
  352  described in s. 202.11(9)(b)3., other services that are not
  353  communications services, or products.
  354         b. The installation of telecommunication and telegraphic
  355  equipment.
  356         c. Electrical power or energy, except that the tax rate for
  357  charges for electrical power or energy is 4.35 percent. Charges
  358  for electrical power and energy do not include taxes imposed
  359  under ss. 166.231 and 203.01(1)(a)3.
  360         2. Section 212.17(3), regarding credit for tax paid on
  361  charges subsequently found to be worthless, is equally
  362  applicable to any tax paid under this section on charges for
  363  prepaid calling arrangements, telecommunication or telegraph
  364  services, or electric power subsequently found to be
  365  uncollectible. As used in this paragraph, the term “charges”
  366  does not include any excise or similar tax levied by the Federal
  367  Government, a political subdivision of this state, or a
  368  municipality upon the purchase, sale, or recharge of prepaid
  369  calling arrangements or upon the purchase or sale of
  370  telecommunication, television system program, or telegraph
  371  service or electric power, which tax is collected by the seller
  372  from the purchaser.
  373         (f) At the rate of 6 percent on the sale, rental, use,
  374  consumption, or storage for use in this state of machines and
  375  equipment, and parts and accessories therefor, used in
  376  manufacturing, processing, compounding, producing, mining, or
  377  quarrying personal property for sale or to be used in furnishing
  378  communications, transportation, or public utility services.
  379         (g)1. At the rate of 6 percent on the retail price of
  380  newspapers and magazines sold or used in Florida.
  381         2. Notwithstanding other provisions of this chapter,
  382  inserts of printed materials which are distributed with a
  383  newspaper or magazine are a component part of the newspaper or
  384  magazine, and neither the sale nor use of such inserts is
  385  subject to tax when:
  386         a. Printed by a newspaper or magazine publisher or
  387  commercial printer and distributed as a component part of a
  388  newspaper or magazine, which means that the items after being
  389  printed are delivered directly to a newspaper or magazine
  390  publisher by the printer for inclusion in editions of the
  391  distributed newspaper or magazine;
  392         b. Such publications are labeled as part of the designated
  393  newspaper or magazine publication into which they are to be
  394  inserted; and
  395         c. The purchaser of the insert presents a resale
  396  certificate to the vendor stating that the inserts are to be
  397  distributed as a component part of a newspaper or magazine.
  398         (h)1. A tax is imposed at the rate of 4 percent on the
  399  charges for the use of coin-operated amusement machines. The tax
  400  shall be calculated by dividing the gross receipts from such
  401  charges for the applicable reporting period by a divisor,
  402  determined as provided in this subparagraph, to compute gross
  403  taxable sales, and then subtracting gross taxable sales from
  404  gross receipts to arrive at the amount of tax due. For counties
  405  that do not impose a discretionary sales surtax, the divisor is
  406  equal to 1.04; for counties that impose a 0.5 percent
  407  discretionary sales surtax, the divisor is equal to 1.045; for
  408  counties that impose a 1 percent discretionary sales surtax, the
  409  divisor is equal to 1.050; and for counties that impose a 2
  410  percent sales surtax, the divisor is equal to 1.060. If a county
  411  imposes a discretionary sales surtax that is not listed in this
  412  subparagraph, the department shall make the applicable divisor
  413  available in an electronic format or otherwise. Additional
  414  divisors shall bear the same mathematical relationship to the
  415  next higher and next lower divisors as the new surtax rate bears
  416  to the next higher and next lower surtax rates for which
  417  divisors have been established. When a machine is activated by a
  418  slug, token, coupon, or any similar device which has been
  419  purchased, the tax is on the price paid by the user of the
  420  device for such device.
  421         2. As used in this paragraph, the term “operator” means any
  422  person who possesses a coin-operated amusement machine for the
  423  purpose of generating sales through that machine and who is
  424  responsible for removing the receipts from the machine.
  425         a. If the owner of the machine is also the operator of it,
  426  he or she shall be liable for payment of the tax without any
  427  deduction for rent or a license fee paid to a location owner for
  428  the use of any real property on which the machine is located.
  429         b. If the owner or lessee of the machine is also its
  430  operator, he or she shall be liable for payment of the tax on
  431  the purchase or lease of the machine, as well as the tax on
  432  sales generated through the machine.
  433         c. If the proprietor of the business where the machine is
  434  located does not own the machine, he or she shall be deemed to
  435  be the lessee and operator of the machine and is responsible for
  436  the payment of the tax on sales, unless such responsibility is
  437  otherwise provided for in a written agreement between him or her
  438  and the machine owner.
  439         3.a. An operator of a coin-operated amusement machine may
  440  not operate or cause to be operated in this state any such
  441  machine until the operator has registered with the department
  442  and has conspicuously displayed an identifying certificate
  443  issued by the department. The identifying certificate shall be
  444  issued by the department upon application from the operator. The
  445  identifying certificate shall include a unique number, and the
  446  certificate shall be permanently marked with the operator’s
  447  name, the operator’s sales tax number, and the maximum number of
  448  machines to be operated under the certificate. An identifying
  449  certificate shall not be transferred from one operator to
  450  another. The identifying certificate must be conspicuously
  451  displayed on the premises where the coin-operated amusement
  452  machines are being operated.
  453         b. The operator of the machine must obtain an identifying
  454  certificate before the machine is first operated in the state
  455  and by July 1 of each year thereafter. The annual fee for each
  456  certificate shall be based on the number of machines identified
  457  on the application times $30 and is due and payable upon
  458  application for the identifying device. The application shall
  459  contain the operator’s name, sales tax number, business address
  460  where the machines are being operated, and the number of
  461  machines in operation at that place of business by the operator.
  462  No operator may operate more machines than are listed on the
  463  certificate. A new certificate is required if more machines are
  464  being operated at that location than are listed on the
  465  certificate. The fee for the new certificate shall be based on
  466  the number of additional machines identified on the application
  467  form times $30.
  468         c. A penalty of $250 per machine is imposed on the operator
  469  for failing to properly obtain and display the required
  470  identifying certificate. A penalty of $250 is imposed on the
  471  lessee of any machine placed in a place of business without a
  472  proper current identifying certificate. Such penalties shall
  473  apply in addition to all other applicable taxes, interest, and
  474  penalties.
  475         d. Operators of coin-operated amusement machines must
  476  obtain a separate sales and use tax certificate of registration
  477  for each county in which such machines are located. One sales
  478  and use tax certificate of registration is sufficient for all of
  479  the operator’s machines within a single county.
  480         4. The provisions of this paragraph do not apply to coin
  481  operated amusement machines owned and operated by churches or
  482  synagogues.
  483         5. In addition to any other penalties imposed by this
  484  chapter, a person who knowingly and willfully violates any
  485  provision of this paragraph commits a misdemeanor of the second
  486  degree, punishable as provided in s. 775.082 or s. 775.083.
  487         6. The department may adopt rules necessary to administer
  488  the provisions of this paragraph.
  489         (i)1. At the rate of 6 percent on charges for all:
  490         a. Detective, burglar protection, and other protection
  491  services (NAICS National Numbers 561611, 561612, 561613, and
  492  561621). Fingerprint services required under s. 790.06 or s.
  493  790.062 are not subject to the tax. Any law enforcement officer,
  494  as defined in s. 943.10, who is performing approved duties as
  495  determined by his or her local law enforcement agency in his or
  496  her capacity as a law enforcement officer, and who is subject to
  497  the direct and immediate command of his or her law enforcement
  498  agency, and in the law enforcement officer’s uniform as
  499  authorized by his or her law enforcement agency, is performing
  500  law enforcement and public safety services and is not performing
  501  detective, burglar protection, or other protective services, if
  502  the law enforcement officer is performing his or her approved
  503  duties in a geographical area in which the law enforcement
  504  officer has arrest jurisdiction. Such law enforcement and public
  505  safety services are not subject to tax irrespective of whether
  506  the duty is characterized as “extra duty,” “off-duty,” or
  507  “secondary employment,” and irrespective of whether the officer
  508  is paid directly or through the officer’s agency by an outside
  509  source. The term “law enforcement officer” includes full-time or
  510  part-time law enforcement officers, and any auxiliary law
  511  enforcement officer, when such auxiliary law enforcement officer
  512  is working under the direct supervision of a full-time or part
  513  time law enforcement officer.
  514         b. Nonresidential cleaning, excluding cleaning of the
  515  interiors of transportation equipment, and nonresidential
  516  building pest control services (NAICS National Numbers 561710
  517  and 561720).
  518         2. As used in this paragraph, “NAICS” means those
  519  classifications contained in the North American Industry
  520  Classification System, as published in 2007 by the Office of
  521  Management and Budget, Executive Office of the President.
  522         3. Charges for detective, burglar protection, and other
  523  protection security services performed in this state but used
  524  outside this state are exempt from taxation. Charges for
  525  detective, burglar protection, and other protection security
  526  services performed outside this state and used in this state are
  527  subject to tax.
  528         4. If a transaction involves both the sale or use of a
  529  service taxable under this paragraph and the sale or use of a
  530  service or any other item not taxable under this chapter, the
  531  consideration paid must be separately identified and stated with
  532  respect to the taxable and exempt portions of the transaction or
  533  the entire transaction shall be presumed taxable. The burden
  534  shall be on the seller of the service or the purchaser of the
  535  service, whichever applicable, to overcome this presumption by
  536  providing documentary evidence as to which portion of the
  537  transaction is exempt from tax. The department is authorized to
  538  adjust the amount of consideration identified as the taxable and
  539  exempt portions of the transaction; however, a determination
  540  that the taxable and exempt portions are inaccurately stated and
  541  that the adjustment is applicable must be supported by
  542  substantial competent evidence.
  543         5. Each seller of services subject to sales tax pursuant to
  544  this paragraph shall maintain a monthly log showing each
  545  transaction for which sales tax was not collected because the
  546  services meet the requirements of subparagraph 3. for out-of
  547  state use. The log must identify the purchaser’s name, location
  548  and mailing address, and federal employer identification number,
  549  if a business, or the social security number, if an individual,
  550  the service sold, the price of the service, the date of sale,
  551  the reason for the exemption, and the sales invoice number. The
  552  monthly log shall be maintained pursuant to the same
  553  requirements and subject to the same penalties imposed for the
  554  keeping of similar records pursuant to this chapter.
  555         (j)1. Notwithstanding any other provision of this chapter,
  556  there is hereby levied a tax on the sale, use, consumption, or
  557  storage for use in this state of any coin or currency, whether
  558  in circulation or not, when such coin or currency:
  559         a. Is not legal tender;
  560         b. If legal tender, is sold, exchanged, or traded at a rate
  561  in excess of its face value; or
  562         c. Is sold, exchanged, or traded at a rate based on its
  563  precious metal content.
  564         2. Such tax shall be at a rate of 6 percent of the price at
  565  which the coin or currency is sold, exchanged, or traded, except
  566  that, with respect to a coin or currency which is legal tender
  567  of the United States and which is sold, exchanged, or traded,
  568  such tax shall not be levied.
  569         3. There are exempt from this tax exchanges of coins or
  570  currency which are in general circulation in, and legal tender
  571  of, one nation for coins or currency which are in general
  572  circulation in, and legal tender of, another nation when
  573  exchanged solely for use as legal tender and at an exchange rate
  574  based on the relative value of each as a medium of exchange.
  575         4. With respect to any transaction that involves the sale
  576  of coins or currency taxable under this paragraph in which the
  577  taxable amount represented by the sale of such coins or currency
  578  exceeds $500, the entire amount represented by the sale of such
  579  coins or currency is exempt from the tax imposed under this
  580  paragraph. The dealer must maintain proper documentation, as
  581  prescribed by rule of the department, to identify that portion
  582  of a transaction which involves the sale of coins or currency
  583  and is exempt under this subparagraph.
  584         (k) At the rate of 6 percent of the sales price of each
  585  gallon of diesel fuel not taxed under chapter 206 purchased for
  586  use in a vessel, except dyed diesel fuel that is exempt pursuant
  587  to s. 212.08(4)(a)4.
  588         (l) Florists located in this state are liable for sales tax
  589  on sales to retail customers regardless of where or by whom the
  590  items sold are to be delivered. Florists located in this state
  591  are not liable for sales tax on payments received from other
  592  florists for items delivered to customers in this state.
  593         (m) Operators of game concessions or other concessionaires
  594  who customarily award tangible personal property as prizes may,
  595  in lieu of paying tax on the cost price of such property, pay
  596  tax on 25 percent of the gross receipts from such concession
  597  activity.
  598         (2) The tax shall be collected by the dealer, as defined
  599  herein, and remitted by the dealer to the state at the time and
  600  in the manner as hereinafter provided.
  601         (3) The tax so levied is in addition to all other taxes,
  602  whether levied in the form of excise, license, or privilege
  603  taxes, and in addition to all other fees and taxes levied.
  604         (4) The tax imposed pursuant to this chapter shall be due
  605  and payable according to the brackets set forth in s. 212.12.
  606         (5) Notwithstanding any other provision of this chapter,
  607  the maximum amount of tax imposed under this chapter and
  608  collected on each sale or use of a boat in this state may not
  609  exceed $18,000 and on each repair of a boat in this state may
  610  not exceed $60,000.
  611         Section 3. Paragraph (c) of subsection (4) of section
  612  212.054, Florida Statutes, is amended to read:
  613         212.054 Discretionary sales surtax; limitations,
  614  administration, and collection.—
  615         (4)
  616         (c)1. Any dealer located in a county that does not impose a
  617  discretionary sales surtax, as well as a marketplace provider
  618  located outside of this state which makes or facilitates a
  619  substantial number of remote sales or a person located outside
  620  this state who is required to report remote sales, but who
  621  collects the surtax due to sales of tangible personal property
  622  or services delivered to a county imposing a surtax outside the
  623  county shall remit monthly the proceeds of the surtax to the
  624  department to be deposited into an account in the Discretionary
  625  Sales Surtax Clearing Trust Fund which is separate from the
  626  county surtax collection accounts. The department shall
  627  distribute funds in this account using a distribution factor
  628  determined for each county that levies a surtax and multiplied
  629  by the amount of funds in the account and available for
  630  distribution. The distribution factor for each county equals the
  631  product of:
  632         a. The county’s latest official population determined
  633  pursuant to s. 186.901;
  634         b. The county’s rate of surtax; and
  635         c. The number of months the county has levied a surtax
  636  during the most recent distribution period;
  637  
  638  divided by the sum of all such products of the counties levying
  639  the surtax during the most recent distribution period.
  640         2. The department shall compute distribution factors for
  641  eligible counties once each quarter and make appropriate
  642  quarterly distributions.
  643         3. A county that fails to timely provide the information
  644  required by this section to the department authorizes the
  645  department, by such action, to use the best information
  646  available to it in distributing surtax revenues to the county.
  647  If this information is unavailable to the department, the
  648  department may partially or entirely disqualify the county from
  649  receiving surtax revenues under this paragraph. A county that
  650  fails to provide timely information waives its right to
  651  challenge the department’s determination of the county’s share,
  652  if any, of revenues provided under this paragraph.
  653         Section 4. Section 212.0596, Florida Statutes, is amended
  654  to read:
  655         (Substantial rewording of section. See
  656         s. 212.0596, F.S., for present text.)
  657         212.0596Taxation of remote sales.
  658         (1) As used in this chapter, the term:
  659         (a) “Remote sale” means a retail sale of tangible personal
  660  property ordered by mail, telephone, the Internet, or other
  661  means of communication from a person who receives the order
  662  outside of this state and transports the property or causes the
  663  property to be transported from any jurisdiction, including this
  664  state, to a location in this state. For purposes of this
  665  paragraph, tangible personal property delivered to a location
  666  within this state is presumed to be used, consumed, distributed,
  667  or stored to be used or consumed in this state.
  668         (b) “Substantial number of remote sales” means any number
  669  of taxable remote sales in the previous calendar year in which
  670  the sum of the sales prices, as defined in s. 212.02(16),
  671  exceeded $100,000.
  672         (2) Every person making a substantial number of remote
  673  sales is a dealer for purposes of this chapter.
  674         (3) The department may establish by rule procedures for
  675  collecting the use tax from unregistered persons who but for
  676  their remote purchases would not be required to remit sales or
  677  use tax directly to the department. The procedures may provide
  678  for waiver of registration, provisions for irregular remittance
  679  of tax, elimination of the collection allowance, and
  680  nonapplication of local option surtaxes.
  681         (4)A marketplace provider that makes or facilitates a
  682  substantial number of remote sales or a person who is required
  683  to report remote sales is required to collect surtax when the
  684  taxable item of tangible personal property is delivered within a
  685  county imposing a surtax as provided in s. 212.054(3)(a).
  686         Section 5. Section 212.05965, Florida Statutes, is created
  687  to read:
  688         212.05965Taxation of marketplace sales.—
  689         (1) As used in this chapter, the term:
  690         (a)Marketplace” means any physical place or electronic
  691  medium through which tangible personal property is offered for
  692  sale.
  693         (b)Marketplace provider” means a person who facilitates a
  694  retail sale by a marketplace seller by listing or advertising
  695  for sale by the marketplace seller tangible personal property in
  696  a marketplace and who directly, or indirectly through agreements
  697  or arrangements with third parties, collects payment from the
  698  customer and transmits all or part of the payment to the
  699  marketplace seller, regardless of whether the marketplace
  700  provider receives compensation or other consideration in
  701  exchange for its services.
  702         1.The term does not include a person who solely provides
  703  travel agency services. As used in this subparagraph, the term
  704  “travel agency services” means arranging, booking, or otherwise
  705  facilitating for a commission, fee, or other consideration
  706  vacation or travel packages, rental cars, or other travel
  707  reservations; tickets for domestic or foreign travel by air,
  708  rail, ship, bus, or other mode of transportation; or hotel or
  709  other lodging accommodations.
  710         2.The term does not include a person who is a delivery
  711  network company unless the delivery network company is a
  712  registered dealer for purposes of this chapter and the delivery
  713  network company notifies all local merchants that sell through
  714  the delivery network company’s website or mobile application
  715  that the delivery network company is subject to the requirements
  716  of a marketplace provider under this section. As used in this
  717  subparagraph, the term:
  718         a.“Delivery network company” means a person who maintains
  719  a website or mobile application used to facilitate delivery
  720  services, the sale of local products, or both.
  721         b.“Delivery network courier” means a person who provides
  722  delivery services through a delivery network company website or
  723  mobile application using a personal means of transportation,
  724  such as a motor vehicle as defined in s. 320.01(1), bicycle,
  725  scooter, or other similar means of transportation; using public
  726  transportation; or by walking.
  727         c.Delivery services” means the pickup and delivery by a
  728  delivery network courier of one or more local products from a
  729  local merchant to a customer, which may include the selection,
  730  collection, and purchase of the local product in connection with
  731  the delivery. The term does not include any delivery requiring
  732  more than 75 miles of travel from the local merchant to the
  733  customer.
  734         d.“Local merchant” means a kitchen, a restaurant, or a
  735  third-party merchant, including a grocery store, retail store,
  736  convenience store, or business of another type, which is not
  737  under common ownership or control of the delivery network
  738  company.
  739         e.Local product” means any tangible personal property,
  740  including food, but excluding freight, mail, or a package to
  741  which postage has been affixed.
  742         3. The term does not include a payment processor business
  743  that is appointed to handle payment transactions from various
  744  channels, such as charge cards, credit cards, or debit cards,
  745  and whose sole activity with respect to marketplace sales is to
  746  handle payment transactions between two parties.
  747         (c) “Marketplace seller” means a person who has an
  748  agreement with a marketplace provider and who makes retail sales
  749  of tangible personal property through a marketplace owned,
  750  operated, or controlled by the marketplace provider.
  751         (2)A marketplace provider who has a physical presence in
  752  this state or who is making or facilitating through a
  753  marketplace a substantial number of remote sales as defined in
  754  s. 212.0596(1) is a dealer for purposes of this chapter.
  755         (3)A marketplace provider shall certify to its marketplace
  756  sellers that it will collect and remit the tax imposed under
  757  this chapter on taxable retail sales made through the
  758  marketplace. Such certification may be included in the agreement
  759  between the marketplace provider and the marketplace seller.
  760         (4)(a)A marketplace seller may not collect and remit the
  761  tax under this chapter on a taxable retail sale when the sale is
  762  made through the marketplace and the marketplace provider
  763  certifies, as required under subsection (3), that it will
  764  collect and remit such tax. A marketplace seller shall exclude
  765  such sales made through the marketplace from the marketplace
  766  seller’s tax return under s. 212.11.
  767         (b)1.A marketplace seller who has a physical presence in
  768  this state shall register and shall collect and remit the tax
  769  imposed under this chapter on all taxable retail sales made
  770  outside of the marketplace.
  771         2. A marketplace seller making a substantial number of
  772  remote sales as defined in s. 212.0596(1) shall register and
  773  shall collect and remit the tax imposed under this chapter on
  774  all taxable retail sales made outside of the marketplace. For
  775  the purposes of determining whether a marketplace seller made a
  776  substantial number of remote sales, the marketplace seller shall
  777  consider only those sales made outside of a marketplace.
  778         (5)(a)A marketplace provider shall allow the department to
  779  examine and audit its books and records pursuant to s. 212.13.
  780  For retail sales facilitated through a marketplace, the
  781  department may not examine or audit the books and records of
  782  marketplace sellers, nor may the department assess marketplace
  783  sellers except to the extent that the marketplace provider seeks
  784  relief under paragraph (b). The department may examine, audit,
  785  and assess a marketplace seller for retail sales made outside of
  786  a marketplace under paragraph (4)(b). This paragraph does not
  787  provide relief to a marketplace seller who is under audit; has
  788  been issued a bill, notice, or demand for payment; or is under
  789  an administrative or judicial proceeding before July 1, 2021.
  790         (b)The marketplace provider is relieved of liability for
  791  the tax on the retail sale and the marketplace seller or
  792  customer is liable for the tax imposed under this chapter if the
  793  marketplace provider demonstrates to the department’s
  794  satisfaction that the marketplace provider made a reasonable
  795  effort to obtain accurate information related to the retail
  796  sales facilitated through the marketplace from the marketplace
  797  seller, but that the failure to collect and pay the correct
  798  amount of tax imposed under this chapter was due to the
  799  provision of incorrect or incomplete information to the
  800  marketplace provider by the marketplace seller. This paragraph
  801  does not apply to a retail sale for which the marketplace
  802  provider is the seller if the marketplace provider and the
  803  marketplace seller are related parties or if transactions
  804  between a marketplace seller and marketplace buyer are not
  805  conducted at arm’s length.
  806         (6)For purposes of registration pursuant to s. 212.18, a
  807  marketplace is deemed a separate place of business.
  808         (7)A marketplace provider and a marketplace seller may
  809  agree by contract or otherwise that if a marketplace provider
  810  pays the tax imposed under this chapter on a retail sale
  811  facilitated through a marketplace for a marketplace seller as a
  812  result of an audit or otherwise, the marketplace provider has
  813  the right to recover such tax and any associated interest and
  814  penalties from the marketplace seller.
  815         (8)This section may not be construed to authorize the
  816  state to collect sales tax from both the marketplace provider
  817  and the marketplace seller on the same retail sale.
  818         (9)Chapter 213 applies to the administration of this
  819  section to the extent that chapter does not conflict with this
  820  section.
  821         Section 6. Effective April 1, 2022, subsections (10) and
  822  (11) are added to section 212.05965, Florida Statutes, as
  823  created by this act, to read:
  824         212.05965 Taxation of marketplace sales.—
  825         (10) Notwithstanding any other law, the marketplace
  826  provider is also responsible for collecting and remitting any
  827  prepaid wireless E911 fee under s. 365.172, waste tire fee under
  828  s. 403.718, and lead-acid battery fee under s. 403.7185 at the
  829  time of sale for taxable retail sales made through its
  830  marketplace.
  831         (11) The marketplace provider and the marketplace seller
  832  may contractually agree to have the marketplace seller collect
  833  and remit all applicable taxes and fees if the marketplace
  834  seller:
  835         (a) Has annual U.S. gross sales of more than $1 billion,
  836  including the gross sales of any related entities, and in the
  837  case of franchised entities, including the combined sales of all
  838  franchisees of a single franchisor;
  839         (b) Provides evidence to the marketplace provider that it
  840  is registered under s. 212.18; and
  841         (c) Notifies the department in a manner prescribed by the
  842  department that the marketplace seller will collect and remit
  843  all applicable taxes and fees on its sales through the
  844  marketplace and is liable for failure to collect or remit
  845  applicable taxes and fees on its sales.
  846         Section 7. Paragraph (c) of subsection (2) and paragraph
  847  (a) of subsection (5) of section 212.06, Florida Statutes, are
  848  amended to read:
  849         212.06 Sales, storage, use tax; collectible from dealers;
  850  “dealer” defined; dealers to collect from purchasers;
  851  legislative intent as to scope of tax.—
  852         (2)
  853         (c) The term “dealer” is further defined to mean every
  854  person, as used in this chapter, who sells at retail or who
  855  offers for sale at retail, or who has in his or her possession
  856  for sale at retail; or for use, consumption, or distribution; or
  857  for storage to be used or consumed in this state, tangible
  858  personal property as defined herein, including a retailer who
  859  transacts a substantial number of remote sales or a person who
  860  is a marketplace provider making or facilitating a substantial
  861  number of remote sales mail order sale.
  862         (5)(a)1. Except as provided in subparagraph 2., it is not
  863  the intention of this chapter to levy a tax upon tangible
  864  personal property imported, produced, or manufactured in this
  865  state for export, provided that tangible personal property may
  866  not be considered as being imported, produced, or manufactured
  867  for export unless the importer, producer, or manufacturer
  868  delivers the same to a licensed exporter for exporting or to a
  869  common carrier for shipment outside the state or mails the same
  870  by United States mail to a destination outside the state; or, in
  871  the case of aircraft being exported under their own power to a
  872  destination outside the continental limits of the United States,
  873  by submission to the department of a duly signed and validated
  874  United States customs declaration, showing the departure of the
  875  aircraft from the continental United States; and further with
  876  respect to aircraft, the canceled United States registry of said
  877  aircraft; or in the case of parts and equipment installed on
  878  aircraft of foreign registry, by submission to the department of
  879  documentation, the extent of which shall be provided by rule,
  880  showing the departure of the aircraft from the continental
  881  United States; nor is it the intention of this chapter to levy a
  882  tax on any sale which the state is prohibited from taxing under
  883  the Constitution or laws of the United States. Every retail sale
  884  made to a person physically present at the time of sale shall be
  885  presumed to have been delivered in this state.
  886         2.a. Notwithstanding subparagraph 1., a tax is levied on
  887  each sale of tangible personal property to be transported to a
  888  cooperating state as defined in sub-subparagraph c., at the rate
  889  specified in sub-subparagraph d. However, a Florida dealer will
  890  be relieved from the requirements of collecting taxes pursuant
  891  to this subparagraph if the Florida dealer obtains from the
  892  purchaser an affidavit setting forth the purchaser’s name,
  893  address, state taxpayer identification number, and a statement
  894  that the purchaser is aware of his or her state’s use tax laws,
  895  is a registered dealer in Florida or another state, or is
  896  purchasing the tangible personal property for resale or is
  897  otherwise not required to pay the tax on the transaction. The
  898  department may, by rule, provide a form to be used for the
  899  purposes set forth herein.
  900         b. For purposes of this subparagraph, “a cooperating state”
  901  is one determined by the executive director of the department to
  902  cooperate satisfactorily with this state in collecting taxes on
  903  remote mail order sales. No state shall be so determined unless
  904  it meets all the following minimum requirements:
  905         (I) It levies and collects taxes on remote mail order sales
  906  of property transported from that state to persons in this
  907  state, as described in s. 212.0596, upon request of the
  908  department.
  909         (II) The tax so collected shall be at the rate specified in
  910  s. 212.05, not including any local option or tourist or
  911  convention development taxes collected pursuant to s. 125.0104
  912  or this chapter.
  913         (III) Such state agrees to remit to the department all
  914  taxes so collected no later than 30 days from the last day of
  915  the calendar quarter following their collection.
  916         (IV) Such state authorizes the department to audit dealers
  917  within its jurisdiction who make remote mail order sales that
  918  are the subject of s. 212.0596, or makes arrangements deemed
  919  adequate by the department for auditing them with its own
  920  personnel.
  921         (V) Such state agrees to provide to the department records
  922  obtained by it from retailers or dealers in such state showing
  923  delivery of tangible personal property into this state upon
  924  which no sales or use tax has been paid in a manner similar to
  925  that provided in sub-subparagraph g.
  926         c. For purposes of this subparagraph, “sales of tangible
  927  personal property to be transported to a cooperating state”
  928  means remote mail order sales to a person who is in the
  929  cooperating state at the time the order is executed, from a
  930  dealer who receives that order in this state.
  931         d. The tax levied by sub-subparagraph a. shall be at the
  932  rate at which such a sale would have been taxed pursuant to the
  933  cooperating state’s tax laws if consummated in the cooperating
  934  state by a dealer and a purchaser, both of whom were physically
  935  present in that state at the time of the sale.
  936         e. The tax levied by sub-subparagraph a., when collected,
  937  shall be held in the State Treasury in trust for the benefit of
  938  the cooperating state and shall be paid to it at a time agreed
  939  upon between the department, acting for this state, and the
  940  cooperating state or the department or agency designated by it
  941  to act for it; however, such payment shall in no event be made
  942  later than 30 days from the last day of the calendar quarter
  943  after the tax was collected. Funds held in trust for the benefit
  944  of a cooperating state shall not be subject to the service
  945  charges imposed by s. 215.20.
  946         f. The department is authorized to perform such acts and to
  947  provide such cooperation to a cooperating state with reference
  948  to the tax levied by sub-subparagraph a. as is required of the
  949  cooperating state by sub-subparagraph b.
  950         g. In furtherance of this act, dealers selling tangible
  951  personal property for delivery in another state shall make
  952  available to the department, upon request of the department,
  953  records of all tangible personal property so sold. Such records
  954  shall include a description of the property, the name and
  955  address of the purchaser, the name and address of the person to
  956  whom the property was sent, the purchase price of the property,
  957  information regarding whether sales tax was paid in this state
  958  on the purchase price, and such other information as the
  959  department may by rule prescribe.
  960         Section 8. Paragraph (b) of subsection (1) of section
  961  212.07, Florida Statutes, is amended to read:
  962         212.07 Sales, storage, use tax; tax added to purchase
  963  price; dealer not to absorb; liability of purchasers who cannot
  964  prove payment of the tax; penalties; general exemptions.—
  965         (1)
  966         (b) A resale must be in strict compliance with s. 212.18
  967  and the rules and regulations adopted thereunder. A dealer who
  968  makes a sale for resale that is not in strict compliance with s.
  969  212.18 and the rules and regulations adopted thereunder is
  970  liable for and must pay the tax. A dealer who makes a sale for
  971  resale shall document the exempt nature of the transaction, as
  972  established by rules adopted by the department, by retaining a
  973  copy of the purchaser’s resale certificate. In lieu of
  974  maintaining a copy of the certificate, a dealer may document,
  975  before the time of sale, an authorization number provided
  976  telephonically or electronically by the department, or by such
  977  other means established by rule of the department. The dealer
  978  may rely on a resale certificate issued pursuant to s.
  979  212.18(3)(e) s. 212.18(3)(d), valid at the time of receipt from
  980  the purchaser, without seeking annual verification of the resale
  981  certificate if the dealer makes recurring sales to a purchaser
  982  in the normal course of business on a continual basis. For
  983  purposes of this paragraph, “recurring sales to a purchaser in
  984  the normal course of business” refers to a sale in which the
  985  dealer extends credit to the purchaser and records the debt as
  986  an account receivable, or in which the dealer sells to a
  987  purchaser who has an established cash or C.O.D. account, similar
  988  to an open credit account. For purposes of this paragraph,
  989  purchases are made from a selling dealer on a continual basis if
  990  the selling dealer makes, in the normal course of business,
  991  sales to the purchaser at least once in every 12-month period. A
  992  dealer may, through the informal protest provided for in s.
  993  213.21 and the rules of the department, provide the department
  994  with evidence of the exempt status of a sale. Consumer
  995  certificates of exemption executed by those exempt entities that
  996  were registered with the department at the time of sale, resale
  997  certificates provided by purchasers who were active dealers at
  998  the time of sale, and verification by the department of a
  999  purchaser’s active dealer status at the time of sale in lieu of
 1000  a resale certificate shall be accepted by the department when
 1001  submitted during the protest period, but may not be accepted in
 1002  any proceeding under chapter 120 or any circuit court action
 1003  instituted under chapter 72.
 1004         Section 9. Paragraphs (f) is added to subsection (4) of
 1005  section 212.11, Florida Statutes, to read:
 1006         212.11 Tax returns and regulations.—
 1007         (4)
 1008         (f)A marketplace provider that makes or facilitates a
 1009  substantial number of remote sales or a person who is required
 1010  to report remote sales shall file returns and pay taxes by
 1011  electronic means under s. 213.755.
 1012         Section 10. Paragraph (a) of subsection (1) and paragraph
 1013  (a) of subsection (5) of section 212.12, Florida Statutes, are
 1014  amended to read:
 1015         212.12 Dealer’s credit for collecting tax; penalties for
 1016  noncompliance; powers of Department of Revenue in dealing with
 1017  delinquents; brackets applicable to taxable transactions;
 1018  records required.—
 1019         (1)(a)1. Notwithstanding any other law and for the purpose
 1020  of compensating persons granting licenses for and the lessors of
 1021  real and personal property taxed hereunder, for the purpose of
 1022  compensating dealers in tangible personal property, for the
 1023  purpose of compensating dealers providing communication services
 1024  and taxable services, for the purpose of compensating owners of
 1025  places where admissions are collected, and for the purpose of
 1026  compensating remitters of any taxes or fees reported on the same
 1027  documents utilized for the sales and use tax, as compensation
 1028  for the keeping of prescribed records, filing timely tax
 1029  returns, and the proper accounting and remitting of taxes by
 1030  them, such seller, person, lessor, dealer, owner, and remitter
 1031  (except dealers who make mail order sales) who files the return
 1032  required pursuant to s. 212.11 only by electronic means and who
 1033  pays the amount due on such return only by electronic means
 1034  shall be allowed 2.5 percent of the amount of the tax due,
 1035  accounted for, and remitted to the department in the form of a
 1036  deduction. However, if the amount of the tax due and remitted to
 1037  the department by electronic means for the reporting period
 1038  exceeds $1,200, an allowance is not allowed for all amounts in
 1039  excess of $1,200. For purposes of this paragraph subparagraph,
 1040  the term “electronic means” has the same meaning as provided in
 1041  s. 213.755(2)(c).
 1042         2. The executive director of the department is authorized
 1043  to negotiate a collection allowance, pursuant to rules
 1044  promulgated by the department, with a dealer who makes mail
 1045  order sales. The rules of the department shall provide
 1046  guidelines for establishing the collection allowance based upon
 1047  the dealer’s estimated costs of collecting the tax, the volume
 1048  and value of the dealer’s mail order sales to purchasers in this
 1049  state, and the administrative and legal costs and likelihood of
 1050  achieving collection of the tax absent the cooperation of the
 1051  dealer. However, in no event shall the collection allowance
 1052  negotiated by the executive director exceed 10 percent of the
 1053  tax remitted for a reporting period.
 1054         (5)(a) The department is authorized to audit or inspect the
 1055  records and accounts of dealers defined herein, including audits
 1056  or inspections of dealers who make remote mail order sales to
 1057  the extent permitted by another state, and to correct by credit
 1058  any overpayment of tax, and, in the event of a deficiency, an
 1059  assessment shall be made and collected. No administrative
 1060  finding of fact is necessary prior to the assessment of any tax
 1061  deficiency.
 1062         Section 11. Present paragraphs (c) through (f) of
 1063  subsection (3) of section 212.18, Florida Statutes, are
 1064  redesignated as paragraphs (d) through (g), respectively, a new
 1065  paragraph (c) is added to that subsection, and present paragraph
 1066  (f) of that subsection is amended, to read:
 1067         212.18 Administration of law; registration of dealers;
 1068  rules.—
 1069         (3)
 1070         (c) A marketplace provider that makes or facilitates a
 1071  substantial number of remote sales or a person who is required
 1072  to report remote sales must file with the department an
 1073  application for a certificate of registration electronically.
 1074         (g)(f) As used in this paragraph, the term “exhibitor”
 1075  means a person who enters into an agreement authorizing the
 1076  display of tangible personal property or services at a
 1077  convention or a trade show. The following provisions apply to
 1078  the registration of exhibitors as dealers under this chapter:
 1079         1. An exhibitor whose agreement prohibits the sale of
 1080  tangible personal property or services subject to the tax
 1081  imposed in this chapter is not required to register as a dealer.
 1082         2. An exhibitor whose agreement provides for the sale at
 1083  wholesale only of tangible personal property or services subject
 1084  to the tax imposed by this chapter must obtain a resale
 1085  certificate from the purchasing dealer but is not required to
 1086  register as a dealer.
 1087         3. An exhibitor whose agreement authorizes the retail sale
 1088  of tangible personal property or services subject to the tax
 1089  imposed by this chapter must register as a dealer and collect
 1090  the tax on such sales.
 1091         4. An exhibitor who makes a remote mail order sale pursuant
 1092  to s. 212.0596 must register as a dealer.
 1093  
 1094  A person who conducts a convention or a trade show must make his
 1095  or her exhibitor’s agreements available to the department for
 1096  inspection and copying.
 1097         Section 12. Subsection (4) of section 212.20, Florida
 1098  Statutes, is amended to read:
 1099         212.20 Funds collected, disposition; additional powers of
 1100  department; operational expense; refund of taxes adjudicated
 1101  unconstitutionally collected.—
 1102         (4) When there has been a final adjudication that any tax
 1103  pursuant to s. 212.0596 or s. 212.05965 was levied, collected,
 1104  or both, contrary to the Constitution of the United States or
 1105  the State Constitution, the department shall, in accordance with
 1106  rules, determine, based upon claims for refund and other
 1107  evidence and information, who paid such tax or taxes, and refund
 1108  to each such person the amount of tax paid. For purposes of this
 1109  subsection, a “final adjudication” is a decision of a court of
 1110  competent jurisdiction from which no appeal can be taken or from
 1111  which the official or officials of this state with authority to
 1112  make such decisions has or have decided not to appeal.
 1113         Section 13. Subsection (5) of section 213.27, Florida
 1114  Statutes, is amended to read:
 1115         213.27 Contracts with debt collection agencies and certain
 1116  vendors.—
 1117         (5) The department may, for the purpose of ascertaining the
 1118  amount of or collecting any taxes due from a person making or
 1119  facilitating remote sales under s. 212.0596 or s. 212.05965
 1120  doing mail order business in this state, contract with any
 1121  auditing agency doing business within or without this state for
 1122  the purpose of conducting an audit of such person mail order
 1123  business; however, such audit agency may not conduct an audit on
 1124  behalf of the department of any person domiciled in this state,
 1125  person registered for sales and use tax purposes in this state,
 1126  or corporation filing a Florida corporate tax return, if any
 1127  such person or corporation objects to such audit in writing to
 1128  the department and the auditing agency. The department shall
 1129  notify the taxpayer by mail at least 30 days before the
 1130  department assigns the collection of such taxes.
 1131         Section 14. For the purpose of incorporating the amendment
 1132  made by this act to section 212.054, Florida Statutes, in
 1133  references thereto, paragraph (c) of subsection (2), paragraph
 1134  (c) of subsection (3), paragraph (c) of subsection (8), and
 1135  paragraph (c) of subsection (9) of section 212.055, Florida
 1136  Statutes, are reenacted to read:
 1137         212.055 Discretionary sales surtaxes; legislative intent;
 1138  authorization and use of proceeds.—It is the legislative intent
 1139  that any authorization for imposition of a discretionary sales
 1140  surtax shall be published in the Florida Statutes as a
 1141  subsection of this section, irrespective of the duration of the
 1142  levy. Each enactment shall specify the types of counties
 1143  authorized to levy; the rate or rates which may be imposed; the
 1144  maximum length of time the surtax may be imposed, if any; the
 1145  procedure which must be followed to secure voter approval, if
 1146  required; the purpose for which the proceeds may be expended;
 1147  and such other requirements as the Legislature may provide.
 1148  Taxable transactions and administrative procedures shall be as
 1149  provided in s. 212.054.
 1150         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
 1151         (c) Pursuant to s. 212.054(4), the proceeds of the surtax
 1152  levied under this subsection shall be distributed to the county
 1153  and the municipalities within such county in which the surtax
 1154  was collected, according to:
 1155         1. An interlocal agreement between the county governing
 1156  authority and the governing bodies of the municipalities
 1157  representing a majority of the county’s municipal population,
 1158  which agreement may include a school district with the consent
 1159  of the county governing authority and the governing bodies of
 1160  the municipalities representing a majority of the county’s
 1161  municipal population; or
 1162         2. If there is no interlocal agreement, according to the
 1163  formula provided in s. 218.62.
 1164  
 1165  Any change in the distribution formula must take effect on the
 1166  first day of any month that begins at least 60 days after
 1167  written notification of that change has been made to the
 1168  department.
 1169         (3) SMALL COUNTY SURTAX.—
 1170         (c) Pursuant to s. 212.054(4), the proceeds of the surtax
 1171  levied under this subsection shall be distributed to the county
 1172  and the municipalities within the county in which the surtax was
 1173  collected, according to:
 1174         1. An interlocal agreement between the county governing
 1175  authority and the governing bodies of the municipalities
 1176  representing a majority of the county’s municipal population,
 1177  which agreement may include a school district with the consent
 1178  of the county governing authority and the governing bodies of
 1179  the municipalities representing a majority of the county’s
 1180  municipal population; or
 1181         2. If there is no interlocal agreement, according to the
 1182  formula provided in s. 218.62.
 1183  
 1184  Any change in the distribution formula shall take effect on the
 1185  first day of any month that begins at least 60 days after
 1186  written notification of that change has been made to the
 1187  department.
 1188         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
 1189         (c) Pursuant to s. 212.054(4), the proceeds of the
 1190  discretionary sales surtax collected under this subsection, less
 1191  an administrative fee that may be retained by the Department of
 1192  Revenue, shall be distributed by the department to the county.
 1193  The county shall distribute the proceeds it receives from the
 1194  department to each local government entity providing emergency
 1195  fire rescue services in the county. The surtax proceeds, less an
 1196  administrative fee not to exceed 2 percent of the surtax
 1197  collected, shall be distributed by the county based on each
 1198  entity’s average annual expenditures for fire control and
 1199  emergency fire rescue services in the 5 fiscal years preceding
 1200  the fiscal year in which the surtax takes effect in proportion
 1201  to the average annual total of the expenditures for such
 1202  entities in the 5 fiscal years preceding the fiscal year in
 1203  which the surtax takes effect. The county shall revise the
 1204  distribution proportions to reflect a change in the service area
 1205  of an entity receiving a distribution of the surtax proceeds. If
 1206  an entity declines its share of surtax revenue, such revenue
 1207  shall be redistributed proportionally to the entities that are
 1208  participating in the sharing of such revenue based on each
 1209  participating entity’s average annual expenditures for fire
 1210  control and emergency fire rescue services in the preceding 5
 1211  fiscal years in proportion to the average annual total of the
 1212  expenditures for the participating entities in the preceding 5
 1213  fiscal years.
 1214         (9) PENSION LIABILITY SURTAX.—
 1215         (c) Pursuant to s. 212.054(4), the proceeds of the surtax
 1216  collected under this subsection, less an administrative fee that
 1217  may be retained by the department, shall be distributed by the
 1218  department to the local government.
 1219         Section 15. This act first applies to remote sales made or
 1220  facilitated on or after July 1, 2021, by a person who made or
 1221  facilitated a substantial number of remote sales in calendar
 1222  year 2020. A marketplace seller shall consider only those sales
 1223  made outside of a marketplace to determine whether it made a
 1224  substantial number of remote sales in calendar year 2020.
 1225         Section 16. (1)A person subject to the requirements of
 1226  this act to collect and remit the tax under chapter 212, Florida
 1227  Statutes, on remote sales is relieved of liability for tax,
 1228  penalty, and interest due on remote sales that occurred before
 1229  the effective date of this act, provided that the person
 1230  registers with the department before October 1, 2021. This
 1231  subsection is also intended to provide relief to a marketplace
 1232  seller for remote sales made before the effective date of this
 1233  act which were facilitated by a marketplace provider. For a
 1234  marketplace provider with a physical presence in this state,
 1235  this subsection is intended to provide relief only for sales
 1236  facilitated by the marketplace provider on behalf of a
 1237  marketplace seller. This subsection does not apply to a person
 1238  who is under audit; has been issued a bill, notice, or demand
 1239  for payment; or is under an administrative or judicial
 1240  proceeding before July 1, 2021.
 1241         (2)The department may not use data received from
 1242  registered marketplace providers or persons making remote sales
 1243  for the purposes of identifying use tax liabilities occurring
 1244  before July 1, 2021, from unregistered persons who, but for
 1245  their purchases from the registered taxpayer, would not be
 1246  required to remit sales or use tax directly to the department.
 1247  This subsection does not apply to a person who is under audit;
 1248  has been issued a bill, notice, or demand for payment; or is
 1249  under an administrative or judicial proceeding before July 1,
 1250  2021.
 1251         (3)This section does not establish a right to a refund of
 1252  taxes already paid.
 1253         Section 17. (1) The Department of Revenue is authorized,
 1254  and all conditions are deemed met, to adopt emergency rules
 1255  pursuant to s. 120.54(4), Florida Statutes, for the purpose of
 1256  administering this act.
 1257         (2) Notwithstanding any other law, emergency rules adopted
 1258  pursuant to subsection (1) are effective for 6 months after
 1259  adoption and may be renewed during the pendency of procedures to
 1260  adopt permanent rules addressing the subject of the emergency
 1261  rules.
 1262         (3) This section shall take effect upon this act becoming a
 1263  law and expires July 1, 2022.
 1264         Section 18. If any provision of this act or its application
 1265  to any person or circumstance is held invalid, the invalidity
 1266  does not affect other provisions or applications of the act
 1267  which can be given effect without the invalid provision or
 1268  application, and to this end the provisions of this act are
 1269  severable.
 1270         Section 19. Except as otherwise expressly provided in this
 1271  act and except for this section, which shall take effect upon
 1272  this act becoming a law, this act shall take effect July 1,
 1273  2021.