House Bill hb1511c1

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    Florida House of Representatives - 2002             CS/HB 1511

        By the Council for Ready Infrastructure and
    Representatives Ritter and Attkisson





  1                      A bill to be entitled

  2         An act relating to the communications services

  3         tax; amending s. 202.125, F.S.; providing

  4         definitions of religious or educational

  5         institutions to conform an exemption to the

  6         sales tax exemption provided for such

  7         institutions; creating s. 202.151, F.S.;

  8         clarifying the imposition of a use tax on

  9         certain purchases of communications services;

10         authorizing the Department of Revenue to adopt

11         rules; amending s. 202.16, F.S.; providing an

12         exception to the requirement that dealers

13         separately state the communications services

14         tax on bills and invoices; creating s. 202.205,

15         F.S.; providing a transition rule for counties

16         and municipalities that reduced the local

17         communications services tax on a specified

18         date; amending s. 202.22, F.S.; clarifying

19         provisions governing the electronic databases

20         used to determine local tax situs for the

21         communications services tax; amending s.

22         337.401, F.S.; changing the date on which local

23         governments must notify dealers that provide

24         communications services of changes in permit

25         fees; revising provisions relating to charges

26         for use of rights-of-way; providing

27         definitions; authorizing certain counties or

28         municipalities to levy an annual charge upon

29         certain providers for using municipal

30         rights-of-way; providing limitations; providing

31         criteria; specifying application; amending s.

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  1         365.172, F.S.; clarifying that the E911 fee

  2         applies to certain customers whose place of

  3         primary use is within the state; specifying

  4         that certain definitions applicable to the

  5         Communications Services Tax Simplification Law

  6         apply to the E911 fee; amending ss. 212.0501,

  7         212.08, 212.20, 509.032, and 561.1105, F.S.;

  8         conforming cross references to changes made by

  9         the act; specifying that certain provisions of

10         the act are remedial in nature and intended to

11         clarify the law in effect on the effective date

12         of the act; requiring the Department of Revenue

13         to submit a report of the accuracy of the 2001

14         revenue estimates of the state and local

15         communications services taxes to the Governor,

16         the President of the Senate, and the Speaker of

17         the House of Representatives; repealing s.

18         212.05(1)(g), F.S., relating to a sales tax on

19         certain substitute telecommunications

20         equipment; providing effective dates.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Subsection (4) of section 202.125, Florida

25  Statutes, is amended to read:

26         202.125  Sales of communications services; specified

27  exemptions.--

28         (4)  The sale of communications services to a religious

29  institution or educational institution organization that is

30  exempt from federal income tax under s. 501(c)(3) of the

31  Internal Revenue Code, or by a religious institution that is

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  1  exempt from federal income tax under s. 501(c)(3) of the

  2  Internal Revenue Code having an established physical place for

  3  worship at which nonprofit religious services and activities

  4  are regularly conducted and carried on, is exempt from the

  5  taxes imposed or administered pursuant to ss. 202.12 and

  6  202.19. As used in this subsection, the term:

  7         (a)  "Religious institution" means an organization

  8  owning and operating an established physical place for worship

  9  at which nonprofit religious services and activities are

10  regularly conducted. The term also includes:

11         1.  Any nonprofit corporation the sole purpose of which

12  is to provide free transportation services to religious

13  institution members, their families, and other religious

14  institution attendees.

15         2.  Any nonprofit state, district, or other governing

16  or administrative office the function of which is to assist or

17  regulate the customary activities of religious institutions.

18         3.  Any nonprofit corporation that owns and operates a

19  television station in this state of which at least 90 percent

20  of the programming consists of programs of a religious nature

21  and the financial support for which, exclusive of receipts for

22  broadcasting from other nonprofit organizations, is

23  predominantly from contributions from the public.

24         4.  Any nonprofit corporation the primary activity of

25  which is making and distributing audio recordings of religious

26  scriptures and teachings to blind or visually impaired persons

27  at no charge.

28         5.  Any nonprofit corporation the sole or primary

29  purpose of which is to provide, upon invitation, nonprofit

30  religious services, evangelistic services, religious

31  education, administrative assistance, or missionary assistance

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  1  for a religious institution, or established physical place of

  2  worship at which nonprofit religious services and activities

  3  are regularly conducted.

  4         (b)  "Educational institution" includes:

  5         1.  Any state tax-supported, parochial, religious

  6  institution, and nonprofit private school, college, or

  7  university that conducts regular classes and courses of study

  8  required for accreditation by or membership in the Southern

  9  Association of Colleges and Schools, the Florida Council of

10  Independent Schools, or the Florida Association of Christian

11  Colleges and Schools, Inc.

12         2.  Any nonprofit private school that conducts regular

13  classes and courses of study which are accepted for continuing

14  education credit by a board of the Division of Medical Quality

15  Assurance of the Department of Health.

16         3.  Any nonprofit library.

17         4.  Any nonprofit art gallery.

18         5.  Any nonprofit performing arts center that provides

19  educational programs to school children, which programs

20  involve performances or other educational activities at the

21  performing arts center and serve a minimum of 50,000 school

22  children a year.

23         6.  Any nonprofit museum that is open to the public.

24         Section 2.  Section 202.151, Florida Statutes, is

25  created to read:

26         202.151  Use tax imposed on certain purchasers of

27  communications services.--Any person who purchases

28  communications services that are otherwise taxable under ss.

29  202.12 and 202.19 at retail from a seller in another state,

30  territory, the District of Columbia, or any foreign country

31  shall report and remit to the department the taxes imposed by

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  1  or administered under this chapter on the communications

  2  services purchased and used, the same as if such

  3  communications services had been purchased at retail from a

  4  dealer in this state. This section does not apply if the

  5  out-of-state seller registers as a dealer in this state and

  6  collects from the purchaser the taxes imposed by or

  7  administered under this chapter. The department may adopt

  8  rules governing the reporting and remitting of communications

  9  services taxes by purchasers who purchase from out-of-state

10  sellers who do not collect the taxes imposed by or

11  administered under this chapter.

12         Section 3.  Paragraph (b) of subsection (1) of section

13  202.16, Florida Statutes, is amended to read:

14         202.16  Payment.--The taxes imposed or administered

15  under this chapter and chapter 203 shall be collected from all

16  dealers of taxable communications services on the sale at

17  retail in this state of communications services taxable under

18  this chapter and chapter 203. The full amount of the taxes on

19  a credit sale, installment sale, or sale made on any kind of

20  deferred payment plan is due at the moment of the transaction

21  in the same manner as a cash sale.

22         (1)

23         (b)  Each dealer of communications services selling

24  communications services in this state shall collect the taxes

25  imposed under this chapter and chapter 203 from the purchaser

26  of such services, and such taxes must be stated separately

27  from all other charges on the bill or invoice. Notwithstanding

28  the requirement in this paragraph and in s. 202.35 to

29  separately state such taxes, a public lodging establishment

30  licensed under chapter 509 may notify purchasers of the taxes

31  imposed under this chapter on a notice in a guest room posted

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  1  in a manner consistent with the requirements of s. 509.2015,

  2  rather than separately stating the taxes on the guest bill or

  3  invoice.

  4         Section 4.  Section 202.205, Florida Statutes, is

  5  created to read:

  6         202.205  Transition rule for local

  7  rates.--Notwithstanding s. 202.21, the rate of the local

  8  communications services tax for a county or municipality that

  9  adopted a resolution or ordinance reducing the rate of tax

10  effective October 1, 2002, and that notified the Department of

11  Revenue of the reduced rate by mail postmarked by July 16,

12  2001, shall be the adopted reduced rate beginning October 1,

13  2002. However, the local governing body of the county or

14  municipality may change the local rate effective January 1,

15  2003, in the manner provided in this chapter.

16         Section 5.  Paragraph (b) of subsection (2) and

17  paragraphs (a) and (g) of subsection (3) of section 202.22,

18  Florida Statutes, are amended to read:

19         202.22  Determination of local tax situs.--

20         (2)

21         (b)1.  Each local taxing jurisdiction shall furnish to

22  the department all information needed to create and update the

23  electronic database, including changes in service addresses,

24  annexations, incorporations, reorganizations, and any other

25  changes in jurisdictional boundaries. The information

26  furnished to the department must specify an effective date,

27  which must be the next ensuing January 1 or July 1, and such

28  information must be furnished to the department at least 120

29  days prior to the effective date. However, the requirement

30  that counties submit information pursuant to this paragraph

31  shall be subject to appropriation.

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  1         2.  The department shall update the electronic database

  2  in accordance with the information furnished by local taxing

  3  jurisdictions under subparagraph 1. Each update must specify

  4  the effective date as the next ensuing January 1 or July 1 and

  5  must be posted by the department on a website not less than 90

  6  days prior to the effective date. A substantially affected

  7  person may provide notice to the database administrator of an

  8  objection to information contained in the electronic database.

  9  If an objection is supported by competent evidence, the

10  department shall forward the evidence to the affected local

11  taxing jurisdictions and update the electronic database in

12  accordance with the determination furnished by local taxing

13  jurisdictions to the department.  The department shall also

14  furnish the update on magnetic or electronic media to any

15  dealer of communications services or vendor who requests the

16  update on such media. However, the department may collect a

17  fee from the dealer of communications services which does not

18  exceed the actual cost of furnishing the update on magnetic or

19  electronic media. Information contained in the electronic

20  database is conclusive for purposes of this chapter. The

21  electronic database is not an order, a rule, or a policy of

22  general applicability.

23         3.  Each update must identify the additions, deletions,

24  and other changes to the preceding version of the database.

25  Each dealer of communications services shall be required to

26  collect and remit local communications services taxes imposed

27  under this chapter only for those service addresses that are

28  contained in the database and for which all of the elements

29  required by this subsection are included in the database.

30

31

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  1         (3)  For purposes of this section, a database must be

  2  certified by the department pursuant to rules that implement

  3  the following criteria and procedures:

  4         (a)  The database must assign street addresses, address

  5  ranges, post office boxes, or post office box ranges to the

  6  proper jurisdiction with an overall accuracy rate of 95

  7  percent at a 95 percent level of confidence, as determined

  8  through a statistically reliable sample. The accuracy must be

  9  measured based on the entire geographic area within the state

10  covered by such database or, if the service area of the dealer

11  does not encompass the entire state, based on the dealer's

12  entire service area.

13         (g)  Notwithstanding any provision of law to the

14  contrary, if a dealer submits an application for certification

15  on or before the later of October 1, 2001, or the date that

16  which is 30 days after the date on which the applicable

17  department rule becomes effective, the 180-day time limit set

18  forth in paragraph (d) does not apply. During the time the

19  application is under consideration by the department or, if

20  the application is denied, until the denial is no longer

21  subject to administrative or judicial review or until a later

22  date fixed by order of the reviewing court and such

23  application is neither approved nor denied within the time

24  period set forth in paragraph (d):

25         1.  For purposes of computing the amount of the

26  deduction to which such dealer is entitled under s. 202.28,

27  the dealer shall be deemed to have used a certified database

28  pursuant to paragraph (1)(b), until such time as the

29  application for certification is denied.

30         2.  In the event that such application is approved,

31  such approval shall be deemed to have been effective on the

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  1  date of the application or October 1, 2001, whichever is

  2  later.

  3         Section 6.  Paragraph (j) of subsection (3) and

  4  subsection (6) of section 337.401, Florida Statutes, are

  5  amended to read:

  6         337.401  Use of right-of-way for utilities subject to

  7  regulation; permit; fees.--

  8         (3)

  9         (j)  Pursuant to this paragraph, any county or

10  municipality may by ordinance change either its election made

11  on or before July 16, 2001, under paragraph (c) or an election

12  made under this paragraph.

13         1.a.  If a municipality or charter county changes its

14  election under this paragraph in order to exercise its

15  authority to require and collect permit fees in accordance

16  with this subsection, the rate of the local communications

17  services tax imposed by such jurisdiction pursuant to ss.

18  202.19 and 202.20 shall automatically be reduced by the sum of

19  0.12 percent plus the percentage, if any, by which such rate

20  was increased pursuant to sub-subparagraph (c)1.b.

21         b.  If a municipality or charter county changes its

22  election under this paragraph in order to discontinue

23  requiring and collecting permit fees, the rate of the local

24  communications services tax imposed by such jurisdiction

25  pursuant to ss. 202.19 and 202.20 may be increased by

26  ordinance or resolution by an amount not to exceed 0.24

27  percent.

28         2.a.  If a noncharter county changes its election under

29  this paragraph in order to exercise its authority to require

30  and collect permit fees in accordance with this subsection,

31  the rate of the local communications services tax imposed by

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  1  such jurisdiction pursuant to ss. 202.19 and 202.20 shall

  2  automatically be reduced by the percentage, if any, by which

  3  such rate was increased pursuant to sub-subparagraph (c)2.b.

  4         b.  If a noncharter county changes its election under

  5  this paragraph in order to discontinue requiring and

  6  collecting permit fees, the rate of the local communications

  7  services tax imposed by such jurisdiction pursuant to ss.

  8  202.19 and 202.20 may be increased by ordinance or resolution

  9  by an amount not to exceed 0.24 percent.

10         3.a.  Any change of election pursuant to this paragraph

11  and any tax rate change resulting from such change of election

12  shall be subject to the notice requirements of s. 202.21;

13  however, no such change of election shall become effective

14  prior to January 1, 2003.

15         b.  Any county or municipality changing its election

16  under this paragraph in order to exercise its authority to

17  require and collect permit fees shall, in addition to

18  complying with the notice requirements under s. 202.21,

19  provide to all dealers providing communications services in

20  such jurisdiction written notice of such change of election by

21  September July 1 immediately preceding the January 1 on which

22  such change of election becomes effective. For purposes of

23  this sub-subparagraph, dealers providing communications

24  services in such jurisdiction shall include every dealer

25  reporting tax to such jurisdiction pursuant to s. 202.37 on

26  the return required under s. 202.27 to be filed on or before

27  the 20th day of May immediately preceding the January 1 on

28  which such change of election becomes effective.

29         (6)(a)  As used in this subsection, the following

30  definitions apply:

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  1         1.  A "pass-through provider" is any person who places

  2  or maintains a communications facility in the roads or

  3  rights-of-way or a municipality or county that levies a tax

  4  pursuant to chapter 202 and who does not remit taxes imposed

  5  by that municipality or county pursuant to chapter 202.

  6         2.  A "communications facility" is a facility that may

  7  be used to provide communications services.  Multiple cables,

  8  conduits, strands, or fibers located within the same conduit

  9  shall be considered one communications facility for purposes

10  of this subsection.

11         (b)  A municipality that levies a tax pursuant to

12  chapter 202 may charge a pass-through provider that places or

13  maintains a communications facility in the municipality's

14  roads or rights-of-way an annual amount not to exceed $500 per

15  linear mile or portion thereof.  A municipality's roads or

16  rights-of-way do not include roads or rights-of-way that

17  extend in or through the municipality but are state, county,

18  or another authority's roads or rights-of-way.

19         (c)  A county that levies a tax pursuant to chapter 202

20  may charge a pass-through provider that places or maintains a

21  communications facility in the county's roads or

22  rights-of-way, including county roads or rights-of-way within

23  a municipality in the county, an annual amount not to exceed

24  $500 per linear mile or portion thereof.  However, a county

25  shall not impose a charge for any linear miles, or portions

26  thereof, of county roads or rights-of-way where a

27  communications facility is placed that extend through any

28  municipality within the county to which the pass-through

29  provider remits a tax imposed pursuant to chapter 202.  A

30  county's roads or rights-of-way do not include roads or

31  rights-of-way that extend in or through the county but are

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  1  state, municipal, or another authority's roads or

  2  rights-of-way.

  3         (d)  The amounts charged pursuant to this subsection

  4  shall be based on the linear miles of roads or rights-of-way

  5  where a communications facility is placed, not based on a

  6  summation of the lengths of individual cables, conduits,

  7  strands, or fibers.  The amounts referenced in this subsection

  8  may be charged only once annually and only to one person

  9  annually for any communications facility.  A municipality or

10  county shall discontinue charging such amounts to a person

11  that has ceased to be a pass-through provider.  Any annual

12  amounts charged shall be reduced for a prorated portion of any

13  12-month period during which the person remits taxes imposed

14  by the municipality or county pursuant to chapter 202.  Any

15  excess amounts paid to a municipality or county shall be

16  refunded to the person upon written notice of the excess to

17  the municipality or county.

18         (e)  This subsection does not alter any provision of

19  this section or s. 202.24 relating to taxes, fees, or other

20  charges or impositions by a municipality or county on a dealer

21  of communications services or authorize that any charges be

22  assessed on a dealer of communications services, except as

23  specifically set forth herein.  A municipality or county may

24  not charge a pass-through provider any amounts other than the

25  charges under this subsection as a condition to the placement

26  or maintenance of a communications facility in the roads or

27  rights-of-way of a municipality or county by a pass-through

28  provider, except that a municipality or county may impose

29  permit fees on a pass-through provider consistent with

30  paragraph (3)(c) if the municipality or county elects to

31

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  1  exercise its authority to collect permit fees under paragraph

  2  (3)(c).

  3         (f)  The charges under this subsection do not apply to

  4  communications facilities placed in a municipality's or

  5  county's rights-of-way prior to the effective date of this

  6  subsection with permission from the municipality or county, if

  7  any was required, except to the extent the facilities of a

  8  pass-through provider were subject to per linear foot or mile

  9  charges in effect as of October 1, 2001, in which case the

10  municipality or county may only impose pass-through provider

11  charges consistent with paragraph (b) or paragraph (c) for

12  such facilities.  Notwithstanding the foregoing, this

13  subsection does not impair any written agreement between a

14  pass-through provider and a municipality or county imposing

15  per linear foot or mile charges for communications facilities

16  placed in municipal or county roads or rights-of-way that is

17  in effect prior to the effective date of this subsection.

18  Upon the termination or expiration of any such written

19  agreement, any charges imposed shall be consistent with

20  paragraph (b) or paragraph (c).  Notwithstanding the

21  foregoing, until October 1, 2005, this subsection shall not

22  affect a municipality or county continuing to impose charges

23  in excess of the charges authorized in this subsection on

24  facilities of a pass-through provider that is not a dealer of

25  communications services in the state under chapter 202, but

26  only to the extent such charges were imposed by municipal or

27  county ordinance or resolution adopted prior to February 1,

28  2002.  Effective October 1, 2005, any charges imposed shall be

29  consistent with paragraph (b) or paragraph (c).

30         (g)  The charges authorized in this subsection shall

31  not be applied with respect to any communications facility

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  1  that is used exclusively for the internal communications of an

  2  electric utility or other person in the business of

  3  transmitting or distributing electric energy. If a

  4  municipality or county imposes any amount on a person or

  5  entity other than a provider of communications services in

  6  connection with the placement or maintenance by such person or

  7  entity of a communication facility in municipal or county

  8  roads or rights-of-way, such amounts, if any, shall not exceed

  9  the highest amount, if any, the municipality or county is

10  imposing in such context as of the date this act becomes a

11  law.  If a municipality or county is not imposing any amount

12  in such context as of the date this act becomes a law, any

13  amount, if any, imposed thereafter, shall not be less than

14  $500 per linear mile, payable annually, of any cable, fiber

15  optic, or other pathway that makes physical use of the

16  municipal or county right-of-way.  Any excess of $500 shall be

17  applied in a nondiscriminatory manner and shall not exceed the

18  sum of:

19         (a)  Costs directly related to the inconvenience or

20  impairment solely caused by the disturbance to the municipal

21  or county right-of-way;

22         (b)  The reasonable cost of the regulatory activity of

23  the municipality or county; and

24         (c)  The proportionate share of cost of land for such

25  street, alley, or other public way attributable to utilization

26  of the right-of-way by a person or entity other than a

27  provider of communications services.

28

29  For purposes of this subsection, the term communications

30  facility shall not include communications facilities owned,

31  operated, or used by electric utilities or regional

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  1  transmission organizations exclusively for internal

  2  communications purposes. Except as specifically provided

  3  herein, municipalities and counties retain all existing

  4  authority, if any, to collect fees relating to public roads

  5  and rights-of-way from electric utilities or regional

  6  transmission organizations, and nothing in this subsection

  7  shall alter this authority.

  8         Section 7.  Effective with respect to bills issued by

  9  providers of mobile telecommunications services after August

10  1, 2002, paragraph (a) of subsection (8) and subsection (9) of

11  section 365.172, Florida Statutes, are amended to read:

12         365.172  Wireless emergency telephone number "E911."--

13         (8)  WIRELESS E911 FEE.--

14         (a)  Each home service provider shall collect a monthly

15  fee imposed on each customer whose place of primary use is

16  service subscriber who has a service number that has a billing

17  address within this state. The rate of the fee shall be 50

18  cents per month per each service number, beginning August 1,

19  1999. The fee shall apply uniformly and be imposed throughout

20  the state.

21         (9)  MANAGEMENT OF FUNDS.--

22         (a)  Each provider, as a part of its monthly billing

23  process, shall collect the fee imposed under subsection (8).

24  The provider may list the fee as a separate entry on each

25  bill, in which case the fee must be identified as a fee for

26  E911 services. A provider shall remit the fee only if the fee

27  is paid by the subscriber. If a provider receives a partial

28  payment for a monthly bill from a subscriber, the amount

29  received shall first be applied to the payment due the

30  provider for the provision of telecommunications service.

31

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  1         (b)  A provider is not obligated to take any legal

  2  action to enforce collection of the fees for which any

  3  subscriber is billed. The provider shall provide to the board

  4  each quarter a list of the names, addresses, and service

  5  numbers of all subscribers who have indicated to the provider

  6  their refusal to pay the fee.

  7         (c)  Each provider may retain 1 percent of the amount

  8  of the fees collected as reimbursement for the administrative

  9  costs incurred by the provider to bill, collect, and remit the

10  fee. The remainder shall be delivered to the board and

11  deposited in the fund. The board shall distribute the

12  remainder pursuant to s. 365.173.

13         (d)  Each provider shall deliver revenues from the fee

14  to the board within 60 days after the end of the month in

15  which the fee was billed, together with a monthly report of

16  the number of billing addresses of wireless customers whose

17  place of primary use is subscribers in each county. A provider

18  may apply to the board for a refund of, or may take a credit

19  for, any fees remitted to the board which are not collected by

20  the provider within 6 months following the month in which the

21  fees are charged off for federal income tax purposes as bad

22  debt. The board may waive the requirement that the fees and

23  number of customers whose place of primary use is in each

24  county billing addresses be submitted to the board each month

25  and authorize a provider to submit the fees and number of

26  customers billing addresses quarterly if the provider

27  demonstrates that such waiver is necessary and justified.

28         (e)  For purposes of this section, the definitions

29  contained in s. 202.11 and the provisions of s. 202.155 apply

30  in the same manner and to the same extent as such definitions

31

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  1  and provisions apply to the taxes levied pursuant to chapter

  2  202 on mobile communications services.

  3         (f)(e)  As used is this subsection, the term "provider"

  4  includes any person or entity that resells wireless service

  5  and was not assessed the fee by its resale supplier.

  6         Section 8.  Subsection (4) of section 212.0501, Florida

  7  Statutes, is amended to read:

  8         212.0501  Tax on diesel fuel for business purposes;

  9  purchase, storage, and use.--

10         (4)  Except as otherwise provided in s.

11  212.05(1)(k)(l), a licensed sales tax dealer may elect to

12  collect such tax pursuant to this chapter on all sales to each

13  person who purchases diesel fuel for consumption, use, or

14  storage by a trade or business.  When the licensed sales tax

15  dealer has not elected to collect such tax on all such sales,

16  the purchaser or ultimate consumer shall be liable for the

17  payment of tax directly to the state.

18         Section 9.  Paragraph (v) of subsection (7) of section

19  212.08, Florida Statutes, is amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

21  and storage tax; specified exemptions.--The sale at retail,

22  the rental, the use, the consumption, the distribution, and

23  the storage to be used or consumed in this state of the

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

26         (7)  MISCELLANEOUS EXEMPTIONS.--

27         (v)  Professional services.--

28         1.  Also exempted are professional, insurance, or

29  personal service transactions that involve sales as

30  inconsequential elements for which no separate charges are

31  made.

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  1         2.  The personal service transactions exempted pursuant

  2  to subparagraph 1. do not exempt the sale of information

  3  services involving the furnishing of printed, mimeographed, or

  4  multigraphed matter, or matter duplicating written or printed

  5  matter in any other manner, other than professional services

  6  and services of employees, agents, or other persons acting in

  7  a representative or fiduciary capacity or information services

  8  furnished to newspapers and radio and television stations.  As

  9  used in this subparagraph, the term "information services"

10  includes the services of collecting, compiling, or analyzing

11  information of any kind or nature and furnishing reports

12  thereof to other persons.

13         3.  This exemption does not apply to any service

14  warranty transaction taxable under s. 212.0506.

15         4.  This exemption does not apply to any service

16  transaction taxable under s. 212.05(1)(i)(j).

17

18  Exemptions provided to any entity by this subsection shall not

19  inure to any transaction otherwise taxable under this chapter

20  when payment is made by a representative or employee of such

21  entity by any means, including, but not limited to, cash,

22  check, or credit card even when that representative or

23  employee is subsequently reimbursed by such entity.

24         Section 10.  Paragraph (c) of subsection (6) of section

25  212.20, Florida Statutes, is amended to read:

26         212.20  Funds collected, disposition; additional powers

27  of department; operational expense; refund of taxes

28  adjudicated unconstitutionally collected.--

29         (6)  Distribution of all proceeds under this chapter

30  and s. 202.18(1)(b) and (2)(b) shall be as follows:

31

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  1         (c)  Proceeds from the fees imposed under ss.

  2  212.05(1)(h)(i)3. and 212.18(3) shall remain with the General

  3  Revenue Fund.

  4         Section 11.  Paragraph (f) of subsection (2) of section

  5  509.032, Florida Statutes, is amended to read:

  6         509.032  Duties.--

  7         (2)  INSPECTION OF PREMISES.--

  8         (f)  In conducting inspections of establishments

  9  licensed under this chapter, the division shall determine if

10  each coin-operated amusement machine that is operated on the

11  premises of a licensed establishment is properly registered

12  with the Department of Revenue.  Each month the division shall

13  report to the Department of Revenue the sales tax registration

14  number of the operator of any licensed establishment that has

15  on location a coin-operated amusement machine and that does

16  not have an identifying certificate conspicuously displayed as

17  required by s. 212.05(1)(h)(i).

18         Section 12.  Section 561.1105, Florida Statutes, is

19  amended to read:

20         561.1105  Inspection of licensed premises;

21  coin-operated amusement machines.--In conducting inspections

22  of establishments licensed under the Beverage Law, the

23  division shall determine if each coin-operated amusement

24  machine that is operated on the licensed premises is properly

25  registered with the Department of Revenue. Each month, the

26  division shall report to the Department of Revenue the sales

27  tax registration number of the operator of any licensed

28  premises that has on location a coin-operated amusement

29  machine and that does not have an identifying certificate

30  conspicuously displayed as required by s. 212.05(1)(h)(i).

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  1         Section 13.  The amendments to sections 202.125(4),

  2  202.22(2)(b) and (3)(a) and (g), and 212.05(1)(g), Florida

  3  Statutes, contained in this act are remedial in nature and

  4  intended to clarify the law in effect on the effective date of

  5  this act.

  6         Section 14.  By February 1, 2003, the Department of

  7  Revenue shall submit a report on the accuracy of the 2001

  8  revenue estimates of the state and local communications

  9  services taxes imposed, authorized, or administered pursuant

10  to chapter 202, Florida Statutes, to the Governor, the

11  President of the Senate, and the Speaker of the House of

12  Representatives.  The report shall include a comparison of the

13  available collection data and updated estimates for the sales

14  tax portion, the gross receipts tax portion, and each local

15  government's local portion of the communications services tax.

16         Section 15.  Paragraph (g) of subsection (1) of section

17  212.05, Florida Statutes, as amended by section 38 of chapter

18  2001-140, Laws of Florida, is repealed.

19         Section 16.  Except as otherwise provided herein, this

20  act shall take effect upon becoming a law.

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