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