CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1106

    Amendment No. ___   Barcode 921916

                            CHAMBER ACTION
              Senate                               House
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11  Senators Clary and Geller moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 183, between lines 27 and 28,

15

16  insert:

17         Section 19.  Effective July 1, 2004, section 212.11,

18  Florida Statutes, is amended to read:

19         212.11  Tax returns and regulations.--

20         (1)(a)  Each dealer shall calculate his or her

21  estimated tax liability for any month by one of the following

22  methods:

23         1.  Sixty percent of the current month's liability

24  pursuant to this chapter as shown on the tax return;

25         2.  Sixty percent of the tax reported on the tax return

26  pursuant to this chapter by a dealer for the taxable

27  transactions occurring during the corresponding month of the

28  preceding calendar year; or

29         3.  Sixty percent of the average tax liability pursuant

30  to this chapter for those months during the preceding calendar

31  year in which the dealer reported taxable transactions.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1106

    Amendment No. ___   Barcode 921916





  1         (b)  For the purpose of ascertaining the amount of tax

  2  payable under this chapter, it shall be the duty of all

  3  dealers to file a return and remit the tax, on or before the

  4  20th day of the month, to the department, upon forms prepared

  5  and furnished by it or in a format prescribed by it.  Such

  6  return must show the rentals, admissions, gross sales, or

  7  purchases, as the case may be, arising from all leases,

  8  rentals, admissions, sales, or purchases taxable under this

  9  chapter during the preceding calendar month.

10         (c)  However, the department may require:

11         1.  A quarterly return and payment when the tax

12  remitted by the dealer for the preceding four calendar

13  quarters did not exceed $1,000.

14         2.  A semiannual return and payment when the tax

15  remitted by the dealer for the preceding four calendar

16  quarters did not exceed $500.

17         3.  An annual return and payment when the tax remitted

18  by the dealer for the preceding four calendar quarters did not

19  exceed $100.

20         4.  A quarterly return and monthly payment when the tax

21  remitted by the dealer for the preceding four calendar

22  quarters exceeded $1,000 but did not exceed $12,000.

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24  The department is authorized to allow a dealer filing returns

25  and paying tax under subparagraph 1., subparagraph 2.,

26  subparagraph 3., or subparagraph 4. to continue to use the

27  same filing frequency, even though the dealer has paid tax in

28  a filing period that is greater than the maximum amount

29  allowed for such period. The dealer must submit a written

30  request to the department to be continued on the same filing

31  frequency, and such request must be based on an explanation

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1106

    Amendment No. ___   Barcode 921916





  1  that the tax amount submitted represents nonrecurring business

  2  activity.

  3         (d)  The department may authorize dealers who are newly

  4  required to file returns and pay tax quarterly to file returns

  5  and remit the tax for the 3-month periods ending in February,

  6  May, August, and November, and may authorize dealers who are

  7  newly required to file returns and pay tax semiannually to

  8  file returns and remit the tax for the 6-month periods ending

  9  in May and November.

10         (e)  The department shall accept returns, except those

11  required to be initiated through an electronic data

12  interchange, as timely if postmarked on or before the 20th day

13  of the month; if the 20th day falls on a Saturday, Sunday, or

14  federal or state legal holiday, returns shall be accepted as

15  timely if postmarked on the next succeeding workday.  Any

16  dealer who operates two or more places of business for which

17  returns are required to be filed with the department and

18  maintains records for such places of business in a central

19  office or place shall have the privilege on each reporting

20  date of filing a consolidated return for all such places of

21  business in lieu of separate returns for each such place of

22  business; however, such consolidated returns must clearly

23  indicate the amounts collected within each county of the

24  state. Any dealer who files a consolidated return shall

25  calculate his or her estimated tax liability for each county

26  by the same method the dealer uses to calculate his or her

27  estimated tax liability on the consolidated return as a whole.

28  Each dealer shall file a return for each tax period even

29  though no tax is due for such period.

30         (f)1.  A taxpayer who is required to remit taxes by

31  electronic funds transfer shall make a return in a manner that

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1106

    Amendment No. ___   Barcode 921916





  1  is initiated through an electronic data interchange.  The

  2  acceptable method of transfer, the method, form, and content

  3  of the electronic data interchange, giving due regard to

  4  developing uniform standards for formats as adopted by the

  5  American National Standards Institute, the circumstances under

  6  which an electronic data interchange shall serve as a

  7  substitute for the filing of another form of return, and the

  8  means, if any, by which taxpayers will be provided with

  9  acknowledgments, shall be as prescribed by the department. The

10  department must accept such returns as timely if initiated and

11  accepted on or before the 20th day of the month. If the 20th

12  day falls on a Saturday, Sunday, or federal or state legal

13  holiday, returns must be accepted as timely if initiated and

14  accepted on the next succeeding workday.

15         2.  The department may waive the requirement to make a

16  return through an electronic data interchange due to problems

17  arising from the taxpayer's computer capabilities, data

18  systems changes, and taxpayer operating procedures.  To obtain

19  a waiver, the taxpayer shall demonstrate in writing to the

20  department that such circumstances exist.

21         (2)(a)  The sales and use tax on services imposed by

22  this chapter shall be computed according to the brackets set

23  forth in s. 212.12 on the sales price or cost price of the

24  service at the time of the sale, and is due and payable as

25  provided under this section, unless the dealer elects to remit

26  the tax pursuant to paragraph (b).

27         (b)  A dealer may elect to ascertain the amount of the

28  tax payable under this chapter on the basis of cash receipts

29  for all taxable transactions under this chapter. Such election

30  shall be made and may be changed by the dealer pursuant to

31  procedures established by rule of the department. The

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1106

    Amendment No. ___   Barcode 921916





  1  department shall provide by rule for the issuance and periodic

  2  renewal every 5 years of registrations for dealers registered

  3  as service providers. Only those persons primarily engaged in

  4  the business of selling services are eligible for such

  5  registration.

  6         (c)  However, if a transaction involves both the sale

  7  or use of services and the sale or use of tangible personal

  8  property, and the tangible personal property is not an

  9  inconsequential element of the transaction, the sales and use

10  tax on services shall be computed and remitted as provided in

11  paragraph (a), and paragraph (b) is not applicable.

12         (3)(2)  Gross proceeds from rentals or leases of

13  tangible personal property shall be reported and the tax shall

14  be paid with respect thereto in accordance with such rules and

15  regulations as the department may prescribe.

16         (4)(3)  Except as otherwise expressly provided for

17  herein, it is hereby declared to be the intention of this

18  chapter to impose a tax on the gross proceeds of all leases

19  and rentals of tangible personal property in this state when

20  the lease or rental is a part of the regularly established

21  business, or the same is incidental or germane thereto.

22         (5)(4)(a)  Each dealer who is subject to the tax

23  imposed by this chapter and who paid such tax for the

24  preceding state fiscal year in an amount greater than or equal

25  to $200,000 shall calculate the amount of estimated tax due

26  pursuant to this section for any month as provided in

27  paragraph (1)(a).

28         (b)  The amount of any estimated tax shall be due,

29  payable, and remitted by electronic funds transfer by the 20th

30  day of the month for which it is estimated.  The difference

31  between the amount of estimated tax paid and the actual amount

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1106

    Amendment No. ___   Barcode 921916





  1  of tax due under this chapter for such month shall be due and

  2  payable by the first day of the following month and remitted

  3  by electronic funds transfer by the 20th day thereof.

  4         (c)  Any dealer who is eligible to file a consolidated

  5  return and who paid the tax imposed by this chapter for the

  6  immediately preceding state fiscal year in an amount greater

  7  than or equal to $200,000 or would have paid the tax in such

  8  amount if he or she had filed a consolidated return shall be

  9  subject to the provisions of this subsection notwithstanding

10  an election by the dealer in any month to file a separate

11  return.

12         (d)  A dealer engaged in the business of selling boats,

13  motor vehicles, or aircraft who made at least one sale of a

14  boat, motor vehicle, or aircraft with a sales price of

15  $200,000 or greater in the previous state fiscal year may

16  qualify for payment of estimated sales tax pursuant to the

17  provisions of this paragraph.  To qualify, a dealer must apply

18  annually to the department prior to October 1, and, if

19  qualified, the department must grant the application for

20  payment of estimated sales tax pursuant to this paragraph for

21  the following calendar year.  In lieu of the method for

22  calculating estimated sales tax liability pursuant to

23  subparagraph (1)(a)3., a qualified dealer must calculate that

24  option as 60 percent of the average tax liability pursuant to

25  this chapter for all sales excluding the sale of each boat,

26  motor vehicle, or aircraft with a sales price of $200,000 or

27  greater during the state fiscal year ending the year in which

28  the application is made.  A qualified dealer must also remit

29  the sales tax for each sale of a boat, motor vehicle, or

30  aircraft with a sales price of $200,000 or greater by either

31  electronic funds transfer on the date of the sale or on a form

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1106

    Amendment No. ___   Barcode 921916





  1  prescribed by the department and postmarked on the date of the

  2  sale.

  3         (e)  The penalty provisions of this chapter, except s.

  4  212.12(2)(e), apply to the provisions of this subsection.

  5

  6  (Redesignate subsequent sections.)

  7

  8

  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 2, line 15, after the semicolon,

12

13  insert:

14         amending s. 212.11, F.S.; authorizing certain

15         dealers to elect to pay sales tax on services

16         on a cash basis; providing for registration of

17         such dealers by the Department of Revenue;

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