HB 579

1
A bill to be entitled
2An act relating to the transient rentals tax; amending s.
3212.03, F.S.; providing definitions; requiring certain
4persons to collect and remit the tax on certain transient
5rentals; providing requirements, procedures, and
6limitations; requiring the Department of Revenue to
7provide for an amnesty for certain unpaid taxes,
8penalties, and interest; providing criteria; providing
9exclusions from application of the amnesty; authorizing
10the department to adopt rules to implement the amnesty;
11providing for effective period of such rules; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsections (8), (9), and (10) are added to
17section 212.03, Florida Statutes, to read:
18     212.03  Transient rentals tax; rate, procedure,
19enforcement, exemptions.--
20     (8)  For purposes of this section and ss. 125.0104,
21125.0108, and 212.0305, the term "engaging in the business of
22renting, leasing, letting, or granting a license to use
23transient rental accommodations" includes any activity in which
24a person offers information about the availability of
25accommodations to a customer, arranges for the customer's
26occupancy of the accommodations, establishes the total rental
27price the customer pays for the accommodations, or collects the
28rental payments from the customer.
29     (9)  The terms "total rent" as used in this section, "total
30consideration" as used in ss. 125.0104 and 125.0108, and
31"consideration" as used in s. 212.0305 have the same meaning and
32include the total amount a customer must pay in order to use or
33occupy a transient accommodation, including service charges or
34fees that are a condition of occupancy, except for mandatory
35fees imposed for the availability of communications services.
36Charges or fees paid by a customer to the person collecting the
37rent or consideration as a condition of occupancy are included
38in the taxable rent or consideration even if the charges or fees
39are separately itemized on the customer's bill or are for items
40or services provided by a third party. Charges for items or
41services provided to occupants of transient accommodations that
42are not intrinsic to occupancy of the accommodation are provided
43only upon the election of the occupant and are separately
44itemized are not considered taxable rent.
45     (10)  Persons engaging in activities described in
46subsection (8) shall register with the department and collect
47and remit taxes on the total rent charged to their customers,
48unless the registered owners or operators of the accommodations
49agree in writing to report and remit taxes on their behalf. Any
50written agreement must require the person collecting the rent to
51report total taxable sales and taxes due and pay the taxes
52collected to the owner or operator by the last day of the month
53in which the customer pays the rent or the last day of the month
54in which the customer completes the occupancy of the
55accommodation. The owner or operator shall report and remit the
56taxes with the owner or operator's return that is due in the
57month following the month in which the taxes are paid to the
58owner or operator. The owner or operator is not liable for any
59tax, penalty, or interest due as a result of the failure of the
60person who arranged the occupancy and collected the rent to
61accurately report and remit the taxes imposed by this section or
62by s. 125.0104, s. 125.0108, or s. 212.0305. If the owner or
63operator does not agree to report and remit taxes on behalf of
64the person who rents the accommodations as provided in
65subsection (8), that person shall extend his or her annual
66resale certificate in lieu of paying taxes on the amounts he or
67she pays to the owner or operator for the accommodations. The
68department may provide by rule for a single registration with
69the department by a person engaged in the activities described
70in subsection (8) for all political subdivisions for which the
71tourist development tax is collected by the department rather
72than require separate registrations for each location where
73transient rental accommodations are located; however, a person
74engaged in the activities described in subsection (8) must
75register with each political subdivision that collects its own
76tourist development tax. Such person may file consolidated
77returns as provided in s. 212.11(1)(e).
78     Section 2.  (1)  The Department of Revenue shall provide
79for an amnesty for unpaid taxes, penalties, and interest imposed
80under chapter 125, Florida Statutes, or chapter 212, Florida
81Statutes, on transient rentals provided:
82     (a)  The rentals subject to amnesty were made prior to July
831, 2009.
84     (b)  The rental payments were collected by persons who are
85not owners, operators, or managers of the transient rental
86facilities or their agents.
87     (c)  The person who collected the rental payments registers
88with the department to pay taxes on transient rentals on or
89before October 1, 2009.
90     (d)  The person who collected the rental payments applies
91for amnesty by October 1, 2009, pursuant to rules of the
92department.
93     (2)(a)  The amnesty is not available for taxes, penalties,
94or interest assessed if the assessment is final and has not been
95timely challenged, or for any taxes, penalties, or interest that
96have been paid to the department unless the payment is the
97subject of an assessment that is not final or that has been
98timely challenged.
99     (b)  The amnesty is not available for tax billed to or
100collected from the consumer who pays for occupancy of the
101transient rental facility. The amnesty applies, however, to such
102amounts to the extent that the person who collected the rental
103payments can document that such taxes were remitted to the owner
104or operator of the transient rental facility.
105     (3)  The Department of Revenue may adopt emergency rules
106under ss. 120.536(1) and 120.54(4), Florida Statutes, to
107implement the amnesty. Such rules may provide forms and
108procedures for applying for amnesty, for reporting the rentals
109for which amnesty is sought, and for ensuring the applicant's
110ongoing commitment to registration, collection, and remittance
111of the taxes imposed by state law on transient rentals.
112Notwithstanding any other provision of law, the emergency rules
113shall remain effective until 6 months after the date of adoption
114of the rule or the date of final resolution of all amnesty
115applications filed pursuant to this section, whichever occurs
116later.
117     Section 3.  This act shall take effect July 1, 2009.


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