Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 56
                        Barcode 602396
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Government Efficiency Appropriations
12  (Campbell) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 48, between lines 6 & 7,
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17  insert:  
18         Section 1.  Paragraph (c) is added to subsection (1)of
19  section 212.12, Florida Statutes, to read:
20         212.12  Dealer's credit for collecting tax; penalties
21  for noncompliance; powers of Department of Revenue in dealing
22  with delinquents; brackets applicable to taxable transactions;
23  records required.--
24         (1)  Notwithstanding any other provision of law and for
25  the purpose of compensating persons granting licenses for and
26  the lessors of real and personal property taxed hereunder, for
27  the purpose of compensating dealers in tangible personal
28  property, for the purpose of compensating dealers providing
29  communication services and taxable services, for the purpose
30  of compensating owners of places where admissions are
31  collected, and for the purpose of compensating remitters of
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    10:10 AM   01/26/05                             s0056.ge32.0xi

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 56 Barcode 602396 1 any taxes or fees reported on the same documents utilized for 2 the sales and use tax, as compensation for the keeping of 3 prescribed records, filing timely tax returns, and the proper 4 accounting and remitting of taxes by them, such seller, 5 person, lessor, dealer, owner, and remitter (except dealers 6 who make mail order sales) shall be allowed 2.5 percent of the 7 amount of the tax due and accounted for and remitted to the 8 department, in the form of a deduction in submitting his or 9 her report and paying the amount due by him or her; the 10 department shall allow such deduction of 2.5 percent of the 11 amount of the tax to the person paying the same for remitting 12 the tax and making of tax returns in the manner herein 13 provided, for paying the amount due to be paid by him or her, 14 and as further compensation to dealers in tangible personal 15 property for the keeping of prescribed records and for 16 collection of taxes and remitting the same. However, if the 17 amount of the tax due and remitted to the department for the 18 reporting period exceeds $1,200, no allowance shall be allowed 19 for all amounts in excess of $1,200. The executive director of 20 the department is authorized to negotiate a collection 21 allowance, pursuant to rules promulgated by the department, 22 with a dealer who makes mail order sales. The rules of the 23 department shall provide guidelines for establishing the 24 collection allowance based upon the dealer's estimated costs 25 of collecting the tax, the volume and value of the dealer's 26 mail order sales to purchasers in this state, and the 27 administrative and legal costs and likelihood of achieving 28 collection of the tax absent the cooperation of the dealer. 29 However, in no event shall the collection allowance negotiated 30 by the executive director exceed 10 percent of the tax 31 remitted for a reporting period. 2 10:10 AM 01/26/05 s0056.ge32.0xi
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 56 Barcode 602396 1 (c) Notwithstanding paragraphs (a) and (b), a Model 1 2 seller under the Streamlined Sales and Use Tax Agreement shall 3 not be entitled to the collection allowance described in 4 paragraphs (a) and (b). 5 (2)(a) In addition to any collection allowance that 6 may be provided under section (1), the Department is 7 authorized to provide the monetary allowances required to be 8 provided by the state to certified service providers and 9 voluntary sellers pursuant to Article VI of the Streamlined 10 Sales and Use Tax Agreement as it may be amended from time to 11 time. 12 (b) Such monetary allowances shall be in the form of 13 collection allowances that certified service providers or 14 voluntary sellers are permitted to retain from the tax revenue 15 collected on remote sales to be remitted to the state pursuant 16 to this chapter. 17 (c) For purposes of subsection (2), "voluntary seller" 18 or volunteer seller" means a seller that does not have a 19 requirement to register in Florida to collect Florida sales 20 tax pursuant to this chapter and "remote sales" means revenue 21 generated by such a seller for Florida for which the seller 22 does not have a requirement to register to collect Florida 23 sales tax pursuant to this chapter. 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 2, line 17, after the semicolon ";" 31 3 10:10 AM 01/26/05 s0056.ge32.0xi
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 56 Barcode 602396 1 insert: 2 amending s. 212.12, F.S., providing for a 3 mentary allowance to certified service 4 providers and voluntary sellers pursuant to 5 Article VI of the Agreement; defining terms; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 10:10 AM 01/26/05 s0056.ge32.0xi