Florida Senate - 2013                             CS for SB 1280
       
       
       
       By the Committee on Appropriations; and Senator Sachs
       
       
       
       
       576-04956-13                                          20131280c1
    1                        A bill to be entitled                      
    2         An act relating to tax dealer collection allowances;
    3         amending s. 212.12, F.S.; revising the process for
    4         dealers to elect to forgo the sales tax collection
    5         allowance and direct that the collection allowance
    6         amount be transferred into the Educational Enhancement
    7         Trust Fund; providing applicability; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (1) of section
   13  212.12, Florida Statutes, is amended to read:
   14         212.12 Dealer’s credit for collecting tax; penalties for
   15  noncompliance; powers of Department of Revenue in dealing with
   16  delinquents; brackets applicable to taxable transactions;
   17  records required.—
   18         (1)
   19         (d)1. A dealer entitled to the collection allowance
   20  provided in this section may elect to forgo forego the
   21  collection allowance and direct that the amount be transferred
   22  into the Educational Enhancement Trust Fund. Such an election
   23  must be made with the timely filing of a return, remains in
   24  effect for returns filed for subsequent reporting periods of the
   25  calendar year unless the dealer indicates termination of the
   26  election by filing a return that deducts the collection
   27  allowance from the amount of tax due, and may not be rescinded
   28  for a reporting period once the return for that reporting period
   29  is filed made. If a dealer who makes such an election files a
   30  delinquent return, underpays the tax, or files an incomplete
   31  return, the amount transferred into the Educational Enhancement
   32  Trust Fund shall be the amount of the collection allowance
   33  remaining after resolution of liability for all of the tax,
   34  interest, and penalty due on that return or underpayment of tax.
   35  The Department of Education shall distribute the remaining
   36  amount from the trust fund to the school districts that have
   37  adopted resolutions stating that those funds will be used to
   38  ensure that up-to-date technology is purchased for the
   39  classrooms in the district and that teachers are trained in the
   40  use of that technology. Revenues collected in districts that do
   41  not adopt such a resolution shall be equally distributed to
   42  districts that have adopted such resolutions.
   43         2. This paragraph applies to all taxes, surtaxes, and any
   44  local option taxes administered under this chapter and remitted
   45  directly to the department. This paragraph does not apply to a
   46  locally imposed and self-administered convention development
   47  tax, tourist development tax, or tourist impact tax administered
   48  under this chapter.
   49         3. Revenues from the dealer-collection allowances shall be
   50  transferred quarterly from the General Revenue Fund to the
   51  Educational Enhancement Trust Fund. The Department of Revenue
   52  shall provide to the Department of Education quarterly
   53  information about such revenues by county to which the
   54  collection allowance was attributed.
   55  
   56  Notwithstanding any provision of chapter 120 to the contrary,
   57  the Department of Revenue may adopt rules to carry out the
   58  amendment made by chapter 2006-52, Laws of Florida, to this
   59  section.
   60         Section 2. The amendments to s. 212.12, Florida Statutes,
   61  made by this act apply to sales and use tax returns due on or
   62  after February 1, 2014.
   63         Section 3. This act shall take effect January 1, 2014.