Florida Senate - 2009                                    SB 2566
       
       
       
       By Senator Ring
       
       
       
       
       32-01684-09                                           20092566__
    1                        A bill to be entitled                      
    2         An act relating to discretionary sales surtaxes;
    3         amending s. 212.054, F.S.; providing that a county
    4         hospital sales surtax applies to sales amounts greater
    5         than $5,000; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 212.054, Florida Statutes, is amended to
   10  read:
   11         212.054 Discretionary sales surtax; limitations,
   12  administration, and collection.—
   13         (1) No general excise tax on sales shall be levied by the
   14  governing body of any county unless specifically authorized in
   15  s. 212.055. Any general excise tax on sales authorized pursuant
   16  to said section shall be administered and collected exclusively
   17  as provided in this section.
   18         (2)(a) The tax imposed by the governing body of any county
   19  authorized to so levy pursuant to s. 212.055 shall be a
   20  discretionary surtax on all transactions occurring in the county
   21  which transactions are subject to the state tax imposed on
   22  sales, use, services, rentals, admissions, and other
   23  transactions by this chapter and communications services as
   24  defined for purposes of chapter 202. The surtax, if levied,
   25  shall be computed as the applicable rate or rates authorized
   26  pursuant to s. 212.055 times the amount of taxable sales and
   27  taxable purchases representing such transactions. If the surtax
   28  is levied on the sale of an item of tangible personal property
   29  or on the sale of a service, the surtax shall be computed by
   30  multiplying the rate imposed by the county within which the sale
   31  occurs by the amount of the taxable sale. The sale of an item of
   32  tangible personal property or the sale of a service is not
   33  subject to the surtax if the property, the service, or the
   34  tangible personal property representing the service is delivered
   35  within a county that does not impose a discretionary sales
   36  surtax.
   37         (b) However:
   38         1. The sales amount above $5,000 on any item of tangible
   39  personal property shall not be subject to the surtax. However,
   40  charges for prepaid calling arrangements, as defined in s.
   41  212.05(1)(e)1.a., shall be subject to the surtax. For purposes
   42  of administering the $5,000 limitation on an item of tangible
   43  personal property, if two or more taxable items of tangible
   44  personal property are sold to the same purchaser at the same
   45  time and, under generally accepted business practice or industry
   46  standards or usage, are normally sold in bulk or are items that,
   47  when assembled, comprise a working unit or part of a working
   48  unit, such items must be considered a single item for purposes
   49  of the $5,000 limitation when supported by a charge ticket,
   50  sales slip, invoice, or other tangible evidence of a single sale
   51  or rental. This subparagraph does not apply to a county hospital
   52  surtax levied pursuant to s. 212.055.
   53         2. In the case of utility services billed on or after the
   54  effective date of any such surtax, the entire amount of the
   55  charge for utility services shall be subject to the surtax. In
   56  the case of utility services billed after the last day the
   57  surtax is in effect, the entire amount of the charge on said
   58  items shall not be subject to the surtax. “Utility service,” as
   59  used in this section, does not include any communications
   60  services as defined in chapter 202.
   61         3. In the case of written contracts which are signed prior
   62  to the effective date of any such surtax for the construction of
   63  improvements to real property or for remodeling of existing
   64  structures, the surtax shall be paid by the contractor
   65  responsible for the performance of the contract. However, the
   66  contractor may apply for one refund of any such surtax paid on
   67  materials necessary for the completion of the contract. Any
   68  application for refund shall be made no later than 15 months
   69  following initial imposition of the surtax in that county. The
   70  application for refund shall be in the manner prescribed by the
   71  department by rule. A complete application shall include proof
   72  of the written contract and of payment of the surtax. The
   73  application shall contain a sworn statement, signed by the
   74  applicant or its representative, attesting to the validity of
   75  the application. The department shall, within 30 days after
   76  approval of a complete application, certify to the county
   77  information necessary for issuance of a refund to the applicant.
   78  Counties are hereby authorized to issue refunds for this purpose
   79  and shall set aside from the proceeds of the surtax a sum
   80  sufficient to pay any refund lawfully due. Any person who
   81  fraudulently obtains or attempts to obtain a refund pursuant to
   82  this subparagraph, in addition to being liable for repayment of
   83  any refund fraudulently obtained plus a mandatory penalty of 100
   84  percent of the refund, is guilty of a felony of the third
   85  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   86  775.084.
   87         4. In the case of any vessel, railroad, or motor vehicle
   88  common carrier entitled to partial exemption from tax imposed
   89  under this chapter pursuant to s. 212.08(4), (8), or (9), the
   90  basis for imposition of surtax shall be the same as provided in
   91  s. 212.08 and the ratio shall be applied each month to total
   92  purchases in this state of property qualified for proration
   93  which is delivered or sold in the taxing county to establish the
   94  portion used and consumed in intracounty movement and subject to
   95  surtax.
   96         (3) For the purpose of this section, a transaction shall be
   97  deemed to have occurred in a county imposing the surtax when:
   98         (a)1. The sale includes an item of tangible personal
   99  property, a service, or tangible personal property representing
  100  a service, and the item of tangible personal property, the
  101  service, or the tangible personal property representing the
  102  service is delivered within the county. If there is no
  103  reasonable evidence of delivery of a service, the sale of a
  104  service is deemed to occur in the county in which the purchaser
  105  accepts the bill of sale.
  106         2. The sale of any motor vehicle or mobile home of a class
  107  or type which is required to be registered in this state or in
  108  any other state shall be deemed to have occurred only in the
  109  county identified as the residence address of the purchaser on
  110  the registration or title document for such property.
  111         (b) The event for which an admission is charged is located
  112  in the county.
  113         (c) The consumer of utility services is located in the
  114  county.
  115         (d)1. The user of any aircraft or boat of a class or type
  116  which is required to be registered, licensed, titled, or
  117  documented in this state or by the United States Government
  118  imported into the county for use, consumption, distribution, or
  119  storage to be used or consumed in the county is located in the
  120  county.
  121         2. However, it shall be presumed that such items used
  122  outside the county for 6 months or longer before being imported
  123  into the county were not purchased for use in the county, except
  124  as provided in s. 212.06(8)(b).
  125         3. This paragraph does not apply to the use or consumption
  126  of items upon which a like tax of equal or greater amount has
  127  been lawfully imposed and paid outside the county.
  128         (e) The purchaser of any motor vehicle or mobile home of a
  129  class or type which is required to be registered in this state
  130  is a resident of the taxing county as determined by the address
  131  appearing on or to be reflected on the registration document for
  132  such property.
  133         (f)1. Any motor vehicle or mobile home of a class or type
  134  which is required to be registered in this state is imported
  135  from another state into the taxing county by a user residing
  136  therein for the purpose of use, consumption, distribution, or
  137  storage in the taxing county.
  138         2. However, it shall be presumed that such items used
  139  outside the taxing county for 6 months or longer before being
  140  imported into the county were not purchased for use in the
  141  county.
  142         (g) The real property which is leased or rented is located
  143  in the county.
  144         (h) The transient rental transaction occurs in the county.
  145         (i) The delivery of any aircraft or boat of a class or type
  146  which is required to be registered, licensed, titled, or
  147  documented in this state or by the United States Government is
  148  to a location in the county. However, this paragraph does not
  149  apply to the use or consumption of items upon which a like tax
  150  of equal or greater amount has been lawfully imposed and paid
  151  outside the county.
  152         (j) The dealer owing a use tax on purchases or leases is
  153  located in the county.
  154         (k) The delivery of tangible personal property other than
  155  that described in paragraph (d), paragraph (e), or paragraph (f)
  156  is made to a location outside the county, but the property is
  157  brought into the county within 6 months after delivery, in which
  158  event, the owner must pay the surtax as a use tax.
  159         (l) The coin-operated amusement or vending machine is
  160  located in the county.
  161         (m) The florist taking the original order to sell tangible
  162  personal property is located in the county, notwithstanding any
  163  other provision of this section.
  164         (4)(a) The department shall administer, collect, and
  165  enforce the tax authorized under s. 212.055 pursuant to the same
  166  procedures used in the administration, collection, and
  167  enforcement of the general state sales tax imposed under the
  168  provisions of this chapter, except as provided in this section.
  169  The provisions of this chapter regarding interest and penalties
  170  on delinquent taxes shall apply to the surtax. Discretionary
  171  sales surtaxes shall not be included in the computation of
  172  estimated taxes pursuant to s. 212.11. Notwithstanding any other
  173  provision of law, a dealer need not separately state the amount
  174  of the surtax on the charge ticket, sales slip, invoice, or
  175  other tangible evidence of sale. For the purposes of this
  176  section and s. 212.055, the “proceeds” of any surtax means all
  177  funds collected and received by the department pursuant to a
  178  specific authorization and levy under s. 212.055, including any
  179  interest and penalties on delinquent surtaxes.
  180         (b) The proceeds of a discretionary sales surtax collected
  181  by the selling dealer located in a county which imposes the
  182  surtax shall be returned, less the cost of administration, to
  183  the county where the selling dealer is located. The proceeds
  184  shall be transferred to the Discretionary Sales Surtax Clearing
  185  Trust Fund. A separate account shall be established in such
  186  trust fund for each county imposing a discretionary surtax. The
  187  amount deducted for the costs of administration shall not exceed
  188  3 percent of the total revenue generated for all counties
  189  levying a surtax authorized in s. 212.055. The amount deducted
  190  for the costs of administration shall be used only for those
  191  costs which are solely and directly attributable to the surtax.
  192  The total cost of administration shall be prorated among those
  193  counties levying the surtax on the basis of the amount collected
  194  for a particular county to the total amount collected for all
  195  counties. No later than March 1 of each year, the department
  196  shall submit a written report which details the expenses and
  197  amounts deducted for the costs of administration to the
  198  President of the Senate, the Speaker of the House of
  199  Representatives, and the governing authority of each county
  200  levying a surtax. The department shall distribute the moneys in
  201  the trust fund each month to the appropriate counties, unless
  202  otherwise provided in s. 212.055.
  203         (c)1. Any dealer located in a county that does not impose a
  204  discretionary sales surtax but who collects the surtax due to
  205  sales of tangible personal property or services delivered
  206  outside the county shall remit monthly the proceeds of the
  207  surtax to the department to be deposited into an account in the
  208  Discretionary Sales Surtax Clearing Trust Fund which is separate
  209  from the county surtax collection accounts. The department shall
  210  distribute funds in this account using a distribution factor
  211  determined for each county that levies a surtax and multiplied
  212  by the amount of funds in the account and available for
  213  distribution. The distribution factor for each county equals the
  214  product of:
  215         a. The county's latest official population determined
  216  pursuant to s. 186.901;
  217         b. The county's rate of surtax; and
  218         c. The number of months the county has levied a surtax
  219  during the most recent distribution period;
  220  
  221  divided by the sum of all such products of the counties levying
  222  the surtax during the most recent distribution period.
  223         2. The department shall compute distribution factors for
  224  eligible counties once each quarter and make appropriate
  225  quarterly distributions.
  226         3. A county that fails to timely provide the information
  227  required by this section to the department authorizes the
  228  department, by such action, to use the best information
  229  available to it in distributing surtax revenues to the county.
  230  If this information is unavailable to the department, the
  231  department may partially or entirely disqualify the county from
  232  receiving surtax revenues under this paragraph. A county that
  233  fails to provide timely information waives its right to
  234  challenge the department's determination of the county's share,
  235  if any, of revenues provided under this paragraph.
  236         (5) No discretionary sales surtax or increase or decrease
  237  in the rate of any discretionary sales surtax shall take effect
  238  on a date other than January 1. No discretionary sales surtax
  239  shall terminate on a day other than December 31.
  240         (6) The governing body of any county levying a
  241  discretionary sales surtax shall enact an ordinance levying the
  242  surtax in accordance with the procedures described in s.
  243  125.66(2).
  244         (7)(a) The governing body of any county levying a
  245  discretionary sales surtax or the school board of any county
  246  levying the school capital outlay surtax authorized by s.
  247  212.055(6) shall notify the department within 10 days after
  248  final adoption by ordinance or referendum of an imposition,
  249  termination, or rate change of the surtax, but no later than
  250  November 16 prior to the effective date. The notice must specify
  251  the time period during which the surtax will be in effect and
  252  the rate and must include a copy of the ordinance and such other
  253  information as the department requires by rule. Failure to
  254  timely provide such notification to the department shall result
  255  in the delay of the effective date for a period of 1 year.
  256         (b) In addition to the notification required by paragraph
  257  (a), the governing body of any county proposing to levy a
  258  discretionary sales surtax or the school board of any county
  259  proposing to levy the school capital outlay surtax authorized by
  260  s. 212.055(6) shall notify the department by October 1 if the
  261  referendum or consideration of the ordinance that would result
  262  in imposition, termination, or rate change of the surtax is
  263  scheduled to occur on or after October 1 of that year. Failure
  264  to timely provide such notification to the department shall
  265  result in the delay of the effective date for a period of 1
  266  year.
  267         (8) With respect to any motor vehicle or mobile home of a
  268  class or type which is required to be registered in this state,
  269  the tax due on a transaction occurring in the taxing county as
  270  herein provided shall be collected from the purchaser or user
  271  incident to the titling and registration of such property,
  272  irrespective of whether such titling or registration occurs in
  273  the taxing county.
  274         Section 2. This act shall take effect July 1, 2009.