| 1 | A bill to be entitled | 
| 2 | An act relating to the tax on substitute communications | 
| 3 | systems; amending s. 202.11, F.S.; deleting certain | 
| 4 | definitions; amending s. 202.12, F.S.; deleting a | 
| 5 | provision relating to the manner in which the tax on gross | 
| 6 | receipts for communications services is applied to a | 
| 7 | substitute communications system; amending ss. 202.16, | 
| 8 | 202.17, and 202.18, F.S.; correcting cross references; | 
| 9 | amending s. 202.19, F.S.; deleting a provision authorizing | 
| 10 | the imposition of a local communications services tax on | 
| 11 | substitute communications systems; amending s. 203.01, | 
| 12 | F.S.; deleting a provision authorizing the imposition of a | 
| 13 | gross receipts tax on actual costs of operating substitute | 
| 14 | communications systems; specifying that retroactive | 
| 15 | operation is remedial and does not create any right to or | 
| 16 | require any refunds; amending s. 624.105, F.S.; correcting | 
| 17 | a cross reference; repealing s. 202.15, F.S., relating to | 
| 18 | special rules for users of substitute communications | 
| 19 | systems; providing for retroactive operation; providing an | 
| 20 | effective date. | 
| 21 | 
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| 22 | Be It Enacted by the Legislature of the State of Florida: | 
| 23 | 
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| 24 | Section 1.  Subsections (2) through (15) of section 202.11, | 
| 25 | Florida Statutes, are renumbered as subsections (1) through | 
| 26 | (14), respectively, subsections (17) through (25) of said | 
| 27 | section are renumbered as subsections (15) through (23), | 
| 28 | respectively, and present subsections (1) and (16) of said | 
| 29 | section are amended to read: | 
| 30 | 202.11  Definitions.--As used in this chapter: | 
| 31 | (1)  "Actual cost of operating a substitute communications | 
| 32 | system" includes, but is not limited to, depreciation, interest, | 
| 33 | maintenance, repair, and other expenses directly attributable to | 
| 34 | the operation of such system. For purposes of this chapter, the | 
| 35 | depreciation expense included in actual cost is the depreciation | 
| 36 | expense claimed for federal income tax purposes. The total | 
| 37 | amount of any payment required by a lease or rental contract or | 
| 38 | agreement must be included within the actual cost of operating | 
| 39 | the substitute communications system. | 
| 40 | (16)  "Substitute communications system" means any | 
| 41 | telephone system, or other system capable of providing | 
| 42 | communications services, which a person purchases, installs, | 
| 43 | rents, or leases for his or her own use to provide himself or | 
| 44 | herself with services used as a substitute for any switched | 
| 45 | service or dedicated facility by which a dealer of | 
| 46 | communications services provides a communication path. | 
| 47 | Section 2.  Paragraphs (c), (d), and (e) of subsection (1) | 
| 48 | of section 202.12, Florida Statutes, are redesignated as | 
| 49 | paragraphs (b), (c), and (d), respectively, and present | 
| 50 | paragraph (b) of subsection (1) and subsection (2) of said | 
| 51 | section are amended to read: | 
| 52 | 202.12  Sales of communications services.--The Legislature | 
| 53 | finds that every person who engages in the business of selling | 
| 54 | communications services at retail in this state is exercising a | 
| 55 | taxable privilege. It is the intent of the Legislature that the | 
| 56 | tax imposed by chapter 203 be administered as provided in this | 
| 57 | chapter. | 
| 58 | (1)  For the exercise of such privilege, a tax is levied on | 
| 59 | each taxable transaction, and the tax is due and payable as | 
| 60 | follows: | 
| 61 | (b)  At the rate set forth in paragraph (a) on the actual | 
| 62 | cost of operating a substitute communications system, to be paid | 
| 63 | in accordance with s. 202.15. This paragraph does not apply to | 
| 64 | the use by any dealer of his or her own communications system to | 
| 65 | conduct a business of providing communications services or any | 
| 66 | communications system operated by a county, a municipality, the | 
| 67 | state, or any political subdivision of the state. The gross | 
| 68 | receipts tax imposed by chapter 203 shall be applied to the same | 
| 69 | costs, and remitted with the tax imposed by this paragraph. | 
| 70 | (2)  A dealer of taxable communications services shall | 
| 71 | bill, collect, and remit the taxes on communications services | 
| 72 | imposed pursuant to chapter 203 and this section at a combined | 
| 73 | rate that is the sum of the rate of tax on communications | 
| 74 | services prescribed in chapter 203 and the applicable rate of | 
| 75 | tax prescribed in this section. Each dealer subject to the tax | 
| 76 | provided in paragraph (1)(b) shall also remit the taxes imposed | 
| 77 | pursuant to chapter 203 and this section on a combined basis. | 
| 78 | However, a dealer shall, in reporting each remittance to the | 
| 79 | department, identify the portion thereof which consists of taxes | 
| 80 | remitted pursuant to chapter 203. Return forms prescribed by the | 
| 81 | department shall facilitate such reporting. | 
| 82 | Section 3.  Paragraph (a) of subsection (1) of section | 
| 83 | 202.16, Florida Statutes, is amended to read: | 
| 84 | 202.16  Payment.--The taxes imposed or administered under | 
| 85 | this chapter and chapter 203 shall be collected from all dealers | 
| 86 | of taxable communications services on the sale at retail in this | 
| 87 | state of communications services taxable under this chapter and | 
| 88 | chapter 203. The full amount of the taxes on a credit sale, | 
| 89 | installment sale, or sale made on any kind of deferred payment | 
| 90 | plan is due at the moment of the transaction in the same manner | 
| 91 | as a cash sale. | 
| 92 | (1)(a) Except as otherwise provided in ss. 202.12(1)(b) | 
| 93 | and 202.15,The taxes collected under this chapter and chapter | 
| 94 | 203 shall be paid by the purchaser of the communications service | 
| 95 | and shall be collected from such person by the dealer of | 
| 96 | communications services. | 
| 97 | Section 4.  Subsection (6) of section 202.17, Florida | 
| 98 | Statutes, is amended to read: | 
| 99 | 202.17  Registration.-- | 
| 100 | (6)  In addition to the certificate of registration, the | 
| 101 | department shall provide to each newly registered dealer an | 
| 102 | initial resale certificate that is valid for the remainder of | 
| 103 | the period of issuance. The department shall provide to each | 
| 104 | active dealer , except persons registered pursuant to s. 202.15, | 
| 105 | an annual resale certificate. As used in this section, the term | 
| 106 | "active dealer" means a person who is registered with the | 
| 107 | department and who is required to file a return at least once | 
| 108 | during each applicable reporting period. | 
| 109 | Section 5.  Subsections (1) and (2) of section 202.18, | 
| 110 | Florida Statutes, are amended to read: | 
| 111 | 202.18  Allocation and disposition of tax proceeds.--The | 
| 112 | proceeds of the communications services taxes remitted under | 
| 113 | this chapter shall be treated as follows: | 
| 114 | (1)  The proceeds of the taxes remitted under s. | 
| 115 | 202.12(1)(a) and (b)shall be divided as follows: | 
| 116 | (a)  The portion of such proceeds which constitutes gross | 
| 117 | receipts taxes, imposed at the rate prescribed in chapter 203, | 
| 118 | shall be deposited as provided by law and in accordance with s. | 
| 119 | 9, Art. XII of the State Constitution. | 
| 120 | (b)  The remaining portion shall be distributed according | 
| 121 | to s. 212.20(6). | 
| 122 | (2)  The proceeds of the taxes remitted under s. | 
| 123 | 202.12(1)(b) (c)shall be divided as follows: | 
| 124 | (a)  The portion of such proceeds which constitutes gross | 
| 125 | receipts taxes, imposed at the rate prescribed in chapter 203, | 
| 126 | shall be deposited as provided by law and in accordance with s. | 
| 127 | 9, Art. XII of the State Constitution. | 
| 128 | (b)  Sixty-three percent of the remainder shall be | 
| 129 | allocated to the state and distributed pursuant to s. 212.20(6), | 
| 130 | except that the proceeds allocated pursuant to s. 212.20(6)(d)3. | 
| 131 | shall be prorated to the participating counties in the same | 
| 132 | proportion as that month's collection of the taxes and fees | 
| 133 | imposed pursuant to chapter 212 and paragraph (1)(b). | 
| 134 | (c)1.  During each calendar year, the remaining portion of | 
| 135 | such proceeds shall be transferred to the Local Government Half- | 
| 136 | cent Sales Tax Clearing Trust Fund and shall be allocated in the | 
| 137 | same proportion as the allocation of total receipts of the half- | 
| 138 | cent sales tax under s. 218.61 and the emergency distribution | 
| 139 | under s. 218.65 in the prior state fiscal year. | 
| 140 | 2.  The proportion of the proceeds allocated based on the | 
| 141 | emergency distribution under s. 218.65 shall be distributed | 
| 142 | pursuant to s. 218.65. | 
| 143 | 3.  In each calendar year, the proportion of the proceeds | 
| 144 | allocated based on the half-cent sales tax under s. 218.61 shall | 
| 145 | be allocated to each county in the same proportion as the | 
| 146 | county's percentage of total sales tax allocation for the prior | 
| 147 | state fiscal year and distributed pursuant to s. 218.62. | 
| 148 | 4.  The department shall distribute the appropriate amount | 
| 149 | to each municipality and county each month at the same time that | 
| 150 | local communications services taxes are distributed pursuant to | 
| 151 | subsection (3). | 
| 152 | Section 6.  Subsections (8) through (12) of section 202.19, | 
| 153 | Florida Statutes, are renumbered as subsections (7) through | 
| 154 | (11), respectively, and present subsection (7) of said section | 
| 155 | is amended to read: | 
| 156 | 202.19  Authorization to impose local communications | 
| 157 | services tax.-- | 
| 158 | (7)  Any tax imposed by a municipality, school board, or | 
| 159 | county under this section also applies to the actual cost of | 
| 160 | operating a substitute communications system, to be paid in | 
| 161 | accordance with s. 202.15. This subsection does not apply to the | 
| 162 | use by any provider of its own communications system to conduct | 
| 163 | a business of providing communications services or to the use of | 
| 164 | any communications system operated by a county, a municipality, | 
| 165 | the state, or any political subdivision of the state. | 
| 166 | Section 7.  Paragraph (a) of subsection (1) of section | 
| 167 | 203.01, Florida Statutes, is amended to read: | 
| 168 | 203.01  Tax on gross receipts for utility and | 
| 169 | communications services.-- | 
| 170 | (1)(a)1.  Every person that receives payment for any | 
| 171 | utility service shall report by the last day of each month to | 
| 172 | the Department of Revenue, under oath of the secretary or some | 
| 173 | other officer of such person, the total amount of gross receipts | 
| 174 | derived from business done within this state, or between points | 
| 175 | within this state, for the preceding month and, at the same | 
| 176 | time, shall pay into the State Treasury an amount equal to a | 
| 177 | percentage of such gross receipts at the rate set forth in | 
| 178 | paragraph (b). Such collections shall be certified by the Chief | 
| 179 | Financial Officer upon the request of the State Board of | 
| 180 | Education. | 
| 181 | 2.  A tax is levied on communications services as defined | 
| 182 | in s. 202.11(2) (3). Such tax shall be applied to the same | 
| 183 | services and transactions as are subject to taxation under | 
| 184 | chapter 202, and to communications services that are subject to | 
| 185 | the exemption provided in s. 202.125(1). Such tax shall be | 
| 186 | applied to the sales price of communications services when sold | 
| 187 | at retail and to the actual cost of operating substitute | 
| 188 | communications systems, as such terms are defined in s. 202.11, | 
| 189 | shall be due and payable at the same time as the taxes imposed | 
| 190 | pursuant to chapter 202, and shall be administered and collected | 
| 191 | pursuant to the provisions of chapter 202. | 
| 192 | Section 8.  Section 624.105, Florida Statutes, is amended | 
| 193 | to read: | 
| 194 | 624.105  Waiver of customer liability.--Any regulated | 
| 195 | company as defined in s. 350.111, any electric utility as | 
| 196 | defined in s. 366.02(2), any utility as defined in s. | 
| 197 | 367.021(12) or s. 367.022(2) and (7), and any provider of | 
| 198 | communications services as defined in s. 202.11(2) (3)may charge | 
| 199 | for and include an optional waiver of liability provision in | 
| 200 | their customer contracts under which the entity agrees to waive | 
| 201 | all or a portion of the customer's liability for service from | 
| 202 | the entity for a defined period in the event of the customer's | 
| 203 | call to active military service, death, disability, involuntary | 
| 204 | unemployment, qualification for family leave, or similar | 
| 205 | qualifying event or condition. Such provisions may not be | 
| 206 | effective in the customer's contract with the entity unless | 
| 207 | affirmatively elected by the customer. No such provision shall | 
| 208 | constitute insurance so long as the provision is a contract | 
| 209 | between the entity and its customer. | 
| 210 | Section 9.  The retroactive application of the provisions | 
| 211 | of this act are remedial in nature and shall not be construed to | 
| 212 | create a right to a refund or to require a refund by any | 
| 213 | governmental entity of any tax, penalty, or interest remitted to | 
| 214 | the Department of Revenue on substitute communications systems | 
| 215 | prior to the effective date of this act. | 
| 216 | Section 10.  Section 202.15, Florida Statutes, is repealed. | 
| 217 | Section 11.  This act shall take effect upon becoming a law | 
| 218 | and shall apply retroactively to October 1, 2001. |