Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. HB 5701
                                Barcode 716500                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/R/2R          .                                
             03/09/2012 06:48 PM       .                                

       Senator Norman moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective July 1, 2012, and applicative to
    6  returns due on or after that date, subsection (1) of section
    7  212.12, Florida Statutes, is amended to read:
    8         212.12 Dealer’s credit for collecting tax; penalties for
    9  noncompliance; powers of Department of Revenue in dealing with
   10  delinquents; brackets applicable to taxable transactions;
   11  records required.—
   12         (1)(a)1. Notwithstanding any other provision of law and for
   13  the purpose of compensating persons granting licenses for and
   14  the lessors of real and personal property taxed hereunder, for
   15  the purpose of compensating dealers in tangible personal
   16  property, for the purpose of compensating dealers providing
   17  communication services and taxable services, for the purpose of
   18  compensating owners of places where admissions are collected,
   19  and for the purpose of compensating remitters of any taxes or
   20  fees reported on the same documents utilized for the sales and
   21  use tax, as compensation for the keeping of prescribed records,
   22  filing timely tax returns, and the proper accounting and
   23  remitting of taxes by them, such seller, person, lessor, dealer,
   24  owner, and remitter (except dealers who make mail order sales)
   25  who files the return required pursuant to s. 212.11 only by
   26  electronic means and who pays the amount due on such return only
   27  by electronic means shall be allowed 2.5 percent of the amount
   28  of the tax due, and accounted for, and remitted to the
   29  department, in the form of a deduction in submitting his or her
   30  report and paying the amount due by him or her; the department
   31  shall allow such deduction of 2.5 percent of the amount of the
   32  tax to the person paying the same for remitting the tax and
   33  making of tax returns in the manner herein provided, for paying
   34  the amount due to be paid by him or her, and as further
   35  compensation to dealers in tangible personal property for the
   36  keeping of prescribed records and for collection of taxes and
   37  remitting the same. However, if the amount of the tax due and
   38  remitted to the department by electronic means for the reporting
   39  period exceeds $1,200, an no allowance is not shall be allowed
   40  for all amounts in excess of $1,200. For purposes of this
   41  subparagraph, the term “electronic means” has the same meaning
   42  as provided in s. 213.755(2)(c).
   43         2. The executive director of the department is authorized
   44  to negotiate a collection allowance, pursuant to rules
   45  promulgated by the department, with a dealer who makes mail
   46  order sales. The rules of the department shall provide
   47  guidelines for establishing the collection allowance based upon
   48  the dealer’s estimated costs of collecting the tax, the volume
   49  and value of the dealer’s mail order sales to purchasers in this
   50  state, and the administrative and legal costs and likelihood of
   51  achieving collection of the tax absent the cooperation of the
   52  dealer. However, in no event shall the collection allowance
   53  negotiated by the executive director exceed 10 percent of the
   54  tax remitted for a reporting period.
   55         (b)(a) The Department of Revenue may deny the collection
   56  allowance if a taxpayer files an incomplete return or if the
   57  required tax return or tax is delinquent at the time of payment.
   58         1. An “incomplete return” is, for purposes of this chapter,
   59  a return which is lacking such uniformity, completeness, and
   60  arrangement that the physical handling, verification, review of
   61  the return, or determination of other taxes and fees reported on
   62  the return may not be readily accomplished.
   63         2. The department shall adopt rules requiring such
   64  information as it may deem necessary to ensure that the tax
   65  levied hereunder is properly collected, reviewed, compiled,
   66  reported, and enforced, including, but not limited to: the
   67  amount of gross sales; the amount of taxable sales; the amount
   68  of tax collected or due; the amount of lawful refunds,
   69  deductions, or credits claimed; the amount claimed as the
   70  dealer’s collection allowance; the amount of penalty and
   71  interest; the amount due with the return; and such other
   72  information as the Department of Revenue may specify. The
   73  department shall require that transient rentals and agricultural
   74  equipment transactions be separately shown. Sales made through
   75  vending machines as defined in s. 212.0515 must be separately
   76  shown on the return. Sales made through coin-operated amusement
   77  machines as defined by s. 212.02 and the number of machines
   78  operated must be separately shown on the return or on a form
   79  prescribed by the department. If a separate form is required,
   80  the same penalties for late filing, incomplete filing, or
   81  failure to file as provided for the sales tax return shall apply
   82  to the said form.
   83         (c)(b) The collection allowance and other credits or
   84  deductions provided in this chapter shall be applied
   85  proportionally to any taxes or fees reported on the same
   86  documents used for the sales and use tax.
   87         (d)(c)1. A dealer entitled to the collection allowance
   88  provided in this section may elect to forego the collection
   89  allowance and direct that the said amount be transferred into
   90  the Educational Enhancement Trust Fund. Such an election must be
   91  made with the timely filing of a return and may not be rescinded
   92  once made. If a dealer who makes such an election files a
   93  delinquent return, underpays the tax, or files an incomplete
   94  return, the amount transferred into the Educational Enhancement
   95  Trust Fund shall be the amount of the collection allowance
   96  remaining after resolution of liability for all of the tax,
   97  interest, and penalty due on that return or underpayment of tax.
   98  The Department of Education shall distribute the remaining
   99  amount from the trust fund to the school districts that have
  100  adopted resolutions stating that those funds will be used to
  101  ensure that up-to-date technology is purchased for the
  102  classrooms in the district and that teachers are trained in the
  103  use of that technology. Revenues collected in districts that do
  104  not adopt such a resolution shall be equally distributed to
  105  districts that have adopted such resolutions.
  106         2. This paragraph applies to all taxes, surtaxes, and any
  107  local option taxes administered under this chapter and remitted
  108  directly to the department. This paragraph does not apply to a
  109  any locally imposed and self-administered convention development
  110  tax, tourist development tax, or tourist impact tax administered
  111  under this chapter.
  112         3. Revenues from the dealer-collection allowances shall be
  113  transferred quarterly from the General Revenue Fund to the
  114  Educational Enhancement Trust Fund. The Department of Revenue
  115  shall provide to the Department of Education quarterly
  116  information about such revenues by county to which the
  117  collection allowance was attributed.
  119  Notwithstanding any provision of chapter 120 to the contrary,
  120  the Department of Revenue may adopt rules to carry out the
  121  amendment made by chapter 2006-52, Laws of Florida, to this
  122  section.
  123         Section 2. Effective upon this act becoming a law and
  124  operating retroactively to January 1, 2012, paragraph (n) of
  125  subsection (1) and subsection (2) of section 220.03, Florida
  126  Statutes, are amended to read:
  127         220.03 Definitions.—
  128         (1) SPECIFIC TERMS.—When used in this code, and when not
  129  otherwise distinctly expressed or manifestly incompatible with
  130  the intent thereof, the following terms shall have the following
  131  meanings:
  132         (n) “Internal Revenue Code” means the United States
  133  Internal Revenue Code of 1986, as amended and in effect on
  134  January 1, 2012 2011, except as provided in subsection (3).
  135         (2) DEFINITIONAL RULES.—When used in this code and neither
  136  otherwise distinctly expressed nor manifestly incompatible with
  137  the intent thereof:
  138         (a) The word “corporation” or “taxpayer” shall be deemed to
  139  include the words “and its successors and assigns” as if these
  140  words, or words of similar import, were expressed;
  141         (b) Any term used in any section of this code with respect
  142  to the application of, or in connection with, the provisions of
  143  any other section of this code shall have the same meaning as in
  144  such other section; and
  145         (c) Any term used in this code shall have the same meaning
  146  as when used in a comparable context in the Internal Revenue
  147  Code and other statutes of the United States relating to federal
  148  income taxes, as such code and statutes are in effect on January
  149  1, 2012 2011. However, if subsection (3) is implemented, the
  150  meaning of any term shall be taken at the time the term is
  151  applied under this code.
  152         Section 3. Present subsection (7) of section 220.33,
  153  Florida Statutes, is renumbered as subsection (8), and a new
  154  subsection (7) is added to that section, to read:
  155         220.33 Payments of estimated tax.—A taxpayer required to
  156  file a declaration of estimated tax pursuant to s. 220.24 shall
  157  pay such estimated tax as follows:
  158         (7) Notwithstanding any administrative rule or
  159  determination of the department which allows estimated payments
  160  otherwise due on a Saturday, Sunday, or legal holiday to be paid
  161  on the next succeeding day that is not a Saturday, Sunday, or
  162  legal holiday, any estimated tax payment required under this
  163  section which would otherwise be due no later than Sunday, June
  164  30, 2013, shall be paid on or before June 28, 2013. This
  165  subsection expires July 1, 2014.
  166         Section 4. (1) The executive director of the Department of
  167  Revenue is authorized to adopt emergency rules pursuant to ss.
  168  120.536(1) and 120.54(4), Florida Statutes, for the purpose of
  169  implementing section 3 of this act.
  170         (2) Notwithstanding any other law, the emergency rules
  171  adopted pursuant to this section shall remain in effect for 6
  172  months after adoption and may be renewed during the pendency of
  173  procedures to adopt permanent rules addressing the subject of
  174  the emergency rules.
  175         Section 5. For the purpose of incorporating the amendments
  176  made by this act to section 212.12, Florida Statutes, in a
  177  reference thereto, section 723.008, Florida Statutes, is
  178  reenacted to read:
  179         723.008 Applicability of chapter 212 to fees, penalties,
  180  and fines under this chapter.—The same duties and privileges
  181  imposed by chapter 212 upon dealers in tangible property
  182  respecting the collection and remission of tax; the making of
  183  returns; the keeping of books, records, and accounts; and the
  184  compliance with the rules of the enforcing agency in the
  185  administration of that chapter apply to and are binding upon all
  186  persons who are subject to the fee, penalty, and fine provisions
  187  of this chapter. However, the provisions of s. 212.12(1) do not
  188  apply to this chapter.
  189         Section 6. The Department of Revenue shall provide adequate
  190  notice to affected taxpayers of the earlier due date for making
  191  an estimated payment established by this act. The department may
  192  satisfy this requirement by revising its corporate income tax
  193  return forms, creating a Tax Information Publication, and
  194  revising the due dates provided on its electronic filing
  195  calendar.
  196         Section 7. Except as otherwise expressly provided in this
  197  act and except for this section, which shall take effect upon
  198  this act becoming a law, this act shall take effect July 1,
  199  2012.
  201  ================= T I T L E  A M E N D M E N T ================
  202         And the title is amended as follows:
  203         Delete everything before the enacting clause
  204  and insert:
  205                        A bill to be entitled                      
  206         An act relating to taxation; amending s. 212.12, F.S.;
  207         providing for the collection of allowances of the
  208         amount of tax due by persons who file returns only by
  209         electronic means and pay the amount due on such
  210         returns only by electronic means; deleting provisions
  211         that provide for the collection of such allowances by
  212         persons who file paper returns; defining the term
  213         “electronic means” for purposes of collecting
  214         allowances of the amount of tax due by persons who
  215         file sales and use tax returns; providing for
  216         applicability; amending s. 220.03, F.S.; adopting the
  217         2012 version of the Internal Revenue Code for purposes
  218         of ch. 220, F.S.; providing for retroactive operation;
  219         amending s. 220.33, F.S.; changing the filing date for
  220         estimated tax under certain circumstances; providing
  221         for future expiration; authorizing the Department of
  222         Revenue to adopt emergency rules; reenacting s.
  223         723.008, F.S., relating to certain fees, penalties,
  224         and fines applicable to the “Florida Mobile Home Act,”
  225         to incorporate the amendment made to s. 212.12, F.S.,
  226         in a reference thereto; requiring the Department of
  227         Revenue to provide adequate notice to affected
  228         taxpayers relating to earlier due dates for making an
  229         estimated payment; providing effective dates.