Florida Senate - 2011                             CS for SB 1548
       
       
       
       By the Committee on Commerce and Tourism; and Senator Lynn
       
       
       
       
       577-03875A-11                                         20111548c1
    1                        A bill to be entitled                      
    2         An act relating to the Streamlined Sales and Use Tax
    3         Agreement; amending s. 212.02, F.S.; revising
    4         definitions; amending s. 212.03, F.S.; specifying
    5         certain facilities that are exempt from the transient
    6         rentals tax; amending s. 212.0306, F.S.; eliminating
    7         the use of brackets in the calculation of sales and
    8         use taxes; amending s. 212.031, F.S.; providing that
    9         an exception relating to food and drink concessionaire
   10         services from the tax on the license or rental fee for
   11         the use of real property is limited to the space used
   12         exclusively for selling and distributing food and
   13         drinks; providing that the amendment to the exception
   14         from the tax on the license or rental fee for the use
   15         of real property is retroactive and remedial in
   16         nature; amending s. 212.04, F.S.; eliminating the use
   17         of brackets in the calculation of sales and use taxes;
   18         limiting the application of an exemption from the
   19         admissions tax to certain events sponsored by certain
   20         educational institutions; amending s. 212.05, F.S.;
   21         deleting a reference to mail-order sales to conform to
   22         changes made by the act; deleting criteria
   23         establishing circumstances under which taxes on the
   24         lease or rental of a motor vehicle are due; revising
   25         criteria establishing circumstances under which taxes
   26         on the sale of a prepaid calling arrangement are due;
   27         increasing the tax rate applicable to coin-operated
   28         amusement machines; eliminating the use of brackets in
   29         the calculation of sales and use taxes; amending s.
   30         212.0506, F.S.; eliminating the use of brackets in the
   31         calculation of the tax on service warranties; amending
   32         s. 212.054, F.S.; limiting the $5,000 cap on
   33         discretionary sales surtax to the sale of motor
   34         vehicles, aircraft, boats, motor homes, manufactured
   35         homes, modular homes, and mobile homes; specifying the
   36         time at which changes in surtaxes may take effect;
   37         providing criteria to determine the situs of certain
   38         sales; requiring the Department of Revenue to notify
   39         dealers of changes in surtax rates; providing for
   40         databases to identify taxing jurisdictions; providing
   41         criteria for holding purchasers harmless for failure
   42         to pay the correct amount of tax; holding sellers
   43         harmless for failing to collect a tax at a new rate
   44         under certain circumstances; amending s. 212.055,
   45         F.S.; deleting a provision providing for the emergency
   46         fire rescue services and facilities surtax to be
   47         initiated on a certain date after the approval of the
   48         tax in a referendum; amending s. 212.06, F.S.;
   49         deleting a reference to mail-order sales to conform to
   50         changes made by the act; specifying procedures for the
   51         sourcing of advertising and promotional direct mail;
   52         specifying procedures for sourcing other direct mail;
   53         providing definitions; providing that sales and use
   54         taxes do not apply to transactions involving tangible
   55         personal property that is exported from this state
   56         under certain circumstances; amending s. 212.07, F.S.;
   57         authorizing the Department of Revenue to use
   58         electronic means to notify dealers of changes in the
   59         sales and use tax rates; authorizing the Department of
   60         Revenue to create and maintain a taxability matrix;
   61         providing immunity from liability for acts in reliance
   62         on the taxability matrix; amending s. 212.08, F.S.;
   63         revising exemptions from the sales and use tax for
   64         food and medical products; limiting the exemption for
   65         building materials used in the rehabilitation of real
   66         property located in an enterprise zone to one
   67         exemption per building; defining terms relating to the
   68         exemption for building materials used in the
   69         rehabilitation of real property located in an
   70         enterprise zone; exempting certain charges relating to
   71         railroad cars which are subject to the jurisdiction of
   72         the United States Interstate Commerce Commission from
   73         sales and use taxes; exempting certain payments
   74         relating to a high-voltage bulk transmission facility
   75         from sales and use taxes; deleting references to
   76         “qualifying property” to conform to changes made by
   77         the act; creating s. 212.094, F.S.; providing a
   78         procedure for a purchaser to obtain a refund of tax
   79         collected by a dealer; amending s. 212.12, F.S.;
   80         authorizing collection allowances; setting
   81         requirements for a collection allowance to be allowed;
   82         authorizing collection allowances for certain remote
   83         sellers; providing for a reduction; authorizing the
   84         Department of Revenue to establish collection
   85         allowances for certified service providers; deleting a
   86         reference to mail-order sales to conform to changes
   87         made by the act; providing for the computation of
   88         taxes based on rounding instead of brackets; amending
   89         s. 212.15, F.S.; deleting a cross-reference relating
   90         to a provision providing for the state to hold certain
   91         tax revenues for the benefit of another state, to
   92         conform to changes made by the act; amending s.
   93         212.17, F.S.; providing additional criteria for a
   94         dealer to claim a credit or refund for taxes paid
   95         relating to bad debts; amending s. 212.18, F.S.;
   96         authorizing the Department of Revenue to waive the
   97         dealer registration fee for applications submitted
   98         through a multistate electronic registration system;
   99         deleting a reference to mail-order sales to conform to
  100         changes made by the act; amending s. 212.20, F.S.;
  101         deleting procedures for refunds of tax paid on mail
  102         order sales; providing for reduction of the Local
  103         Government Half-cent Sales Tax Clearing Trust Fund
  104         beginning in 2012; creating s. 213.052, F.S.;
  105         requiring the Department of Revenue to notify dealers
  106         of changes in a sales and use tax rate; specifying
  107         dates on which changes in sales and use tax rates may
  108         take effect; creating s. 213.0521, F.S.; providing the
  109         effective date for changes in the rate of state sales
  110         and use taxes applying to services; creating s.
  111         213.215, F.S.; providing amnesty for uncollected or
  112         unpaid sales and use taxes for sellers who register
  113         under the Streamlined Sales and Use Tax Agreement;
  114         providing exceptions to the amnesty; amending s.
  115         213.256, F.S.; defining terms; authorizing the
  116         Department of Revenue to enter into agreements with
  117         other states to simplify and facilitate compliance
  118         with sales tax laws; creating s. 213.2562, F.S.;
  119         requiring the Department of Revenue to review software
  120         submitted to the governing board for certification as
  121         a certified automated system; creating s. 213.2567,
  122         F.S.; providing for the registration of sellers, the
  123         certification of a person as a certified service
  124         provider, and the certification of a software program
  125         as a certified automated system by the governing board
  126         under the Streamlined Sales and Use Tax Agreement;
  127         authorizing the Department of Revenue to adopt
  128         emergency rules; requiring the President of the Senate
  129         and Speaker of the House of Representatives to create
  130         a joint select committee to study certain matters
  131         related to state taxation; amending ss. 11.45,
  132         196.012, 202.18, 203.01, 212.052, 212.081, 212.13,
  133         218.245, 218.65, 288.1045, 288.11621, 288.1169,
  134         551.102, and 790.0655, F.S.; conforming cross
  135         references to changes made by the act; repealing s.
  136         212.0596, F.S., relating to provisions pertaining to
  137         the taxation of mail-order sales; providing an
  138         effective date.
  139  
  140  Be It Enacted by the Legislature of the State of Florida:
  141  
  142         Section 1. Section 212.02, Florida Statutes, is reordered
  143  and amended to read:
  144         212.02 Definitions.—The following terms and phrases when
  145  used in this chapter have the meanings ascribed to them in this
  146  section, except where the context clearly indicates a different
  147  meaning. The term or terms:
  148         (1) The term “Admissions” means and includes the net sum of
  149  money after deduction of any federal taxes for admitting a
  150  person or vehicle or persons to any place of amusement, sport,
  151  or recreation or for the privilege of entering or staying in any
  152  place of amusement, sport, or recreation, including, but not
  153  limited to, theaters, outdoor theaters, shows, exhibitions,
  154  games, races, or any place where charge is made by way of sale
  155  of tickets, gate charges, seat charges, box charges, season pass
  156  charges, cover charges, greens fees, participation fees,
  157  entrance fees, or other fees or receipts of anything of value
  158  measured on an admission or entrance or length of stay or seat
  159  box accommodations in any place where there is any exhibition,
  160  amusement, sport, or recreation, and all dues and fees paid to
  161  private clubs and membership clubs providing recreational or
  162  physical fitness facilities, including, but not limited to,
  163  golf, tennis, swimming, yachting, boating, athletic, exercise,
  164  and fitness facilities, except physical fitness facilities owned
  165  or operated by any hospital licensed under chapter 395.
  166         (2)“Agricultural commodity” means horticultural and
  167  aquacultural products, poultry and farm products, and livestock
  168  and livestock products.
  169         (4)“Bundled transaction” means the retail sale of two or
  170  more products, except real property and services to real
  171  property, in which the products are otherwise distinct and
  172  identifiable and the products are sold for one non-itemized
  173  price. A bundled transaction does not include the sale of any
  174  products in which the sales price varies, or is negotiable,
  175  based on the selection by the purchaser of the products included
  176  in the transaction.
  177         (a)As used in this subsection, the term:
  178         1.“Distinct and identifiable products” does not include:
  179         a.Packaging, such as containers, boxes, sacks, bags, and
  180  bottles or other materials, such as wrapping, labels, tags, and
  181  instruction guides, which accompany the retail sale of the
  182  products and are incidental or immaterial to the retail sale of
  183  the products. Examples of packing that is incidental or
  184  immaterial include grocery sacks, shoeboxes, dry cleaning
  185  garment bags, and express delivery envelopes and boxes.
  186         b.A product provided free of charge with the required
  187  purchase of another product. A product is provided free of
  188  charge if the sales price of the product purchased does not vary
  189  depending on the inclusion of the product provided free of
  190  charge.
  191         c. Items included in the definition of sales price.
  192         2.“One non-itemized price” does not include a price that
  193  is separately identified by product on binding sales or other
  194  supporting sales-related documentation made available to the
  195  customer in paper or electronic form, including, but not limited
  196  to, an invoice, bill of sale, receipt, contract, service
  197  agreement, lease agreement, periodic notice of rates and
  198  services, rate card, or price list.
  199         3.“De minimis” means that the dealer’s purchase price or
  200  sales price of the taxable products is 10 percent or less of the
  201  total purchase price or sales price of the bundled products.
  202         a.Dealers must use the purchase price or sales price of
  203  the products to determine if the taxable products are de
  204  minimis. Dealers may not use a combination of the purchase price
  205  and sales price of the products to determine if the taxable
  206  products are de minimis.
  207         b.Dealers shall use the full term of a service contract to
  208  determine if the taxable products are de minimis.
  209         (b)A transaction that otherwise satisfies the definition
  210  of a bundled transaction, as defined in this subsection, is not
  211  a bundled transaction if it is:
  212         1.The retail sale of tangible personal property and a
  213  service in which the tangible personal property is essential to
  214  the use of the service, is provided exclusively in connection
  215  with the service, and the true object of the transaction is the
  216  service;
  217         2.The retail sale of services in which one service is
  218  provided which is essential to the use or receipt of a second
  219  service and the first service is provided exclusively in
  220  connection with the second service and the true object of the
  221  transaction is the second service;
  222         3.A transaction that includes taxable products and
  223  nontaxable products and the purchase price or sales price of the
  224  taxable products is de minimis; or
  225         4.The retail sale of exempt tangible personal property and
  226  taxable personal property in which:
  227         a.The transaction includes food and food ingredients,
  228  drugs, durable medical equipment, mobility-enhancing equipment,
  229  over-the-counter drugs, prosthetic devices, or medical supplies;
  230  and
  231         b.The dealer’s purchase price or sales price of the
  232  taxable tangible personal property is 50 percent or less of the
  233  total purchase price or sales price of the bundled tangible
  234  personal property. Dealers may not use a combination of the
  235  purchase price and sales price of the tangible personal property
  236  to make the determination required in this sub-subparagraph.
  237         (5)(2) “Business” means any activity engaged in by any
  238  person, or caused to be engaged in by him or her, with the
  239  object of private or public gain, benefit, or advantage, either
  240  direct or indirect. Except for the sales of any aircraft, boat,
  241  mobile home, or motor vehicle, the term “business” shall not be
  242  construed in this chapter to include occasional or isolated
  243  sales or transactions involving tangible personal property or
  244  services by a person who does not hold himself or herself out as
  245  engaged in business or sales of unclaimed tangible personal
  246  property under s. 717.122, but includes other charges for the
  247  sale or rental of tangible personal property, sales of services
  248  taxable under this chapter, sales of or charges of admission,
  249  communication services, all rentals and leases of living
  250  quarters, other than low-rent housing operated under chapter
  251  421, sleeping or housekeeping accommodations in hotels,
  252  apartment houses, roominghouses, tourist or trailer camps, and
  253  all rentals of or licenses in real property, other than low-rent
  254  housing operated under chapter 421, all leases or rentals of or
  255  licenses in parking lots or garages for motor vehicles, docking
  256  or storage spaces for boats in boat docks or marinas as defined
  257  in this chapter and made subject to a tax imposed by this
  258  chapter. The term “business” shall not be construed in this
  259  chapter to include the leasing, subleasing, or licensing of real
  260  property by one corporation to another if all of the stock of
  261  both such corporations is owned, directly or through one or more
  262  wholly owned subsidiaries, by a common parent corporation; the
  263  property was in use prior to July 1, 1989, title to the property
  264  was transferred after July 1, 1988, and before July 1, 1989,
  265  between members of an affiliated group, as defined in s. 1504(a)
  266  of the Internal Revenue Code of 1986, which group included both
  267  such corporations and there is no substantial change in the use
  268  of the property following the transfer of title; the leasing,
  269  subleasing, or licensing of the property was required by an
  270  unrelated lender as a condition of providing financing to one or
  271  more members of the affiliated group; and the corporation to
  272  which the property is leased, subleased, or licensed had sales
  273  subject to the tax imposed by this chapter of not less than $667
  274  million during the most recent 12-month period ended June 30.
  275  Any tax on such sales, charges, rentals, admissions, or other
  276  transactions made subject to the tax imposed by this chapter
  277  shall be collected by the state, county, municipality, any
  278  political subdivision, agency, bureau, or department, or other
  279  state or local governmental instrumentality in the same manner
  280  as other dealers, unless specifically exempted by this chapter.
  281         (6)“Certified service provider” has the same meaning as
  282  provided in s. 213.256.
  283         (7)(3)The terms “Cigarettes,” “tobacco,” or “tobacco
  284  products” referred to in this chapter include all such products
  285  as are defined or may be hereafter defined by the laws of the
  286  state.
  287         (9)“Computer” means an electronic device that accepts
  288  information in digital or similar form and manipulates such
  289  information for a result based on a sequence of instructions.
  290         (10)“Computer software” means a set of coded instructions
  291  designed to cause a computer or automatic data processing
  292  equipment to perform a task.
  293         (11)(4) “Cost price” means the actual cost of articles of
  294  tangible personal property without any deductions whatsoever,
  295  including, but not limited to, deductions for therefrom on
  296  account of the cost of materials used, labor or service costs,
  297  transportation charges, or other any expenses whatsoever.
  298         (12)“Delivery charges” means charges by the dealer of
  299  personal property or services for preparation and delivery to a
  300  location designated by the purchaser of such property or
  301  services, including, but not limited to, transportation,
  302  shipping, postage, handling, crating, and packing. The term does
  303  not include the charges for delivery of direct mail if the
  304  charges are separately stated on an invoice or similar billing
  305  document given to the purchaser. If a shipment includes exempt
  306  property and taxable property, the dealer shall tax only the
  307  percentage of the delivery charge allocated to the taxable
  308  property. The dealer may allocate the delivery charge by using:
  309         (a)A percentage based on the total sales price of the
  310  taxable property compared to the sales price of all property in
  311  the shipment; or
  312         (b)A percentage based on the total weight of the taxable
  313  property compared to the total weight of all property in the
  314  shipment.
  315         (13)(5)The term “Department” means the Department of
  316  Revenue.
  317         (17)(6) “Enterprise zone” means an area of the state
  318  designated pursuant to s. 290.0065. This subsection expires on
  319  the date specified in s. 290.016 for the expiration of the
  320  Florida Enterprise Zone Act.
  321         (18)(7) “Factory-built building” means a structure
  322  manufactured in a manufacturing facility for installation or
  323  erection as a finished building and; “factory-built building”
  324  includes, but is not limited to, residential, commercial,
  325  institutional, storage, and industrial structures.
  326         (22)(8) “In this state” or “in the state” means within the
  327  state boundaries of Florida as defined in s. 1, Art. II of the
  328  State Constitution and includes all territory within these
  329  limits owned by or ceded to the United States.
  330         (23)(9)The term “Intoxicating beverages” or “alcoholic
  331  beverages” referred to in this chapter includes all such
  332  beverages as are so defined or may be hereafter defined by the
  333  laws of the state.
  334         (24)(a)(10) “Lease,” “let,” or “rental” means the leasing
  335  or renting of living quarters or sleeping or housekeeping
  336  accommodations in hotels, apartment houses, roominghouses,
  337  tourist or trailer camps and real property, the same being
  338  defined as follows:
  339         1.(a) Every building or other structure kept, used,
  340  maintained, or advertised as, or held out to the public to be, a
  341  place where sleeping accommodations are supplied for pay to
  342  transient or permanent guests or tenants, in which 10 or more
  343  rooms are furnished for the accommodation of such guests, and
  344  having one or more dining rooms or cafes where meals or lunches
  345  are served to such transient or permanent guests; such sleeping
  346  accommodations and dining rooms or cafes being conducted in the
  347  same building or buildings in connection therewith, shall, for
  348  the purpose of this chapter, be deemed a hotel.
  349         2.(b) Any building, or part thereof, where separate
  350  accommodations for two or more families living independently of
  351  each other are supplied to transient or permanent guests or
  352  tenants shall for the purpose of this chapter be deemed an
  353  apartment house.
  354         3.(c) Every house, boat, vehicle, motor court, trailer
  355  court, or other structure or any place or location kept, used,
  356  maintained, or advertised as, or held out to the public to be, a
  357  place where living quarters or sleeping or housekeeping
  358  accommodations are supplied for pay to transient or permanent
  359  guests or tenants, whether in one or adjoining buildings, shall
  360  for the purpose of this chapter be deemed a roominghouse.
  361         4.(d) In all hotels, apartment houses, and roominghouses
  362  within the meaning of this chapter, the parlor, dining room,
  363  sleeping porches, kitchen, office, and sample rooms shall be
  364  construed to mean “rooms.”
  365         (b)(e)The term or terms:
  366         1.A “Tourist camp” means is a place where two or more
  367  tents, tent houses, or camp cottages are located and offered by
  368  a person or municipality for sleeping or eating accommodations,
  369  most generally to the transient public for either a direct money
  370  consideration or an indirect benefit to the lessor or owner in
  371  connection with a related business.
  372         2.(f)A “Trailer camp,” “mobile home park,” or
  373  “recreational vehicle park” means is a place where space is
  374  offered, with or without service facilities, by any persons or
  375  municipality to the public for the parking and accommodation of
  376  two or more automobile trailers, mobile homes, or recreational
  377  vehicles that which are used for lodging, for either a direct
  378  money consideration or an indirect benefit to the lessor or
  379  owner in connection with a related business, such space being
  380  hereby defined as living quarters, and the rental price thereof
  381  shall include all service charges paid to the lessor.
  382         (g)“Lease,” “let,” or “rental” also means the leasing or
  383  rental of tangible personal property and the possession or use
  384  thereof by the lessee or rentee for a consideration, without
  385  transfer of the title of such property, except as expressly
  386  provided to the contrary herein. The term “Lease,” “let,” or
  387  “rental” does not mean hourly, daily, or mileage charges, to the
  388  extent that such charges are subject to the jurisdiction of the
  389  United States Interstate Commerce Commission, when such charges
  390  are paid by reason of the presence of railroad cars owned by
  391  another on the tracks of the taxpayer, or charges made pursuant
  392  to car service agreements. The term “Lease,” “let,” “rental,” or
  393  “license” does not include payments made to an owner of high
  394  voltage bulk transmission facilities in connection with the
  395  possession or control of such facilities by a regional
  396  transmission organization, independent system operator, or
  397  similar entity under the jurisdiction of the Federal Energy
  398  Regulatory Commission. However, where two taxpayers, in
  399  connection with the interchange of facilities, rent or lease
  400  property, each to the other, for use in providing or furnishing
  401  any of the services mentioned in s. 166.231, the term “lease or
  402  rental” means only the net amount of rental involved.
  403         3.(h) “Real property” means the surface land, improvements
  404  thereto, and fixtures, and is synonymous with “realty” and “real
  405  estate.”
  406         4.(i) “License,” as used in this chapter with reference to
  407  the use of real property, means the granting of a privilege to
  408  use or occupy a building or a parcel of real property for any
  409  purpose.
  410         (c)(j) Privilege, franchise, or concession fees, or fees
  411  for a license to do business, paid to an airport are not
  412  payments for leasing, letting, renting, or granting a license
  413  for the use of real property.
  414         (d)Any transfer of possession or control of tangible
  415  personal property for a fixed or indeterminate term for
  416  consideration. A clause for a future option to purchase or to
  417  extend an agreement does not preclude an agreement from being a
  418  lease or rental. This definition shall be used for purposes of
  419  the sales and use tax regardless of whether a transaction is
  420  characterized as a lease or rental under generally accepted
  421  accounting principles, the Internal Revenue Code, the Uniform
  422  Commercial Code, or any other provisions of federal, state, or
  423  local law. These terms include agreements covering motor
  424  vehicles and trailers if the amount of consideration may be
  425  increased or decreased by reference to the amount realized upon
  426  sale or disposition of the property as provided in 26 U.S.C. s.
  427  7701(h)(1). These terms do not include:
  428         1.A transfer of possession or control of property under a
  429  security agreement or deferred payment plan that requires the
  430  transfer of title upon completion of the required payments;
  431         2.A transfer of possession or control of property under an
  432  agreement that requires the transfer of title upon completion of
  433  required payments and payment of an option price that does not
  434  exceed the greater of $100 or 1 percent of the total required
  435  payments; or
  436         3.The provision of tangible personal property along with
  437  an operator for a fixed or indeterminate period of time. As a
  438  condition of this exclusion, the operator must be necessary for
  439  the equipment to perform as designed. For the purpose of this
  440  subparagraph, an operator must do more than maintain, inspect,
  441  or set up the tangible personal property.
  442         (26)(11) “Motor fuel” means and includes what is commonly
  443  known and sold as gasoline and fuels containing a mixture of
  444  gasoline and other products.
  445         (27)(12) “Person” includes any individual, firm,
  446  copartnership, joint adventure, association, corporation,
  447  estate, trust, business trust, receiver, syndicate, or other
  448  group or combination acting as a unit and also includes any
  449  political subdivision, municipality, state agency, bureau, or
  450  department and includes the plural as well as the singular
  451  number.
  452         (33)(13) “Retailer” means and includes every person engaged
  453  in the business of making sales at retail or for distribution,
  454  or use, or consumption, or storage to be used or consumed in
  455  this state.
  456         (34)(14)(a) “Retail sale” or a “sale at retail” means a
  457  sale to a consumer or to any person for any purpose other than
  458  for resale in the form of tangible personal property or services
  459  taxable under this chapter, and includes all such transactions
  460  that may be made in lieu of retail sales or sales at retail. A
  461  sale for resale includes a sale of qualifying property. As used
  462  in this paragraph, the term “qualifying property” means tangible
  463  personal property, other than electricity, which is used or
  464  consumed by a government contractor in the performance of a
  465  qualifying contract as defined in s. 212.08(17)(c), to the
  466  extent that the cost of the property is allocated or charged as
  467  a direct item of cost to such contract, title to which property
  468  vests in or passes to the government under the contract. The
  469  term “government contractor” includes prime contractors and
  470  subcontractors. As used in this paragraph, a cost is a “direct
  471  item of cost” if it is a “direct cost” as defined in 48 C.F.R.
  472  s. 9904.418-30(a)(2), or similar successor provisions, including
  473  costs identified specifically with a particular contract.
  474         (b) The terms “Retail sales,” “sales at retail,” “use,”
  475  “storage,” and “consumption” include the sale, use, storage, or
  476  consumption of all tangible advertising materials imported or
  477  caused to be imported into this state. Tangible advertising
  478  material includes displays, display containers, brochures,
  479  catalogs, price lists, point-of-sale advertising, and technical
  480  manuals or any tangible personal property that which does not
  481  accompany the product to the ultimate consumer.
  482         (c) “Retail sales,” “sale at retail,” “use,” “storage,” and
  483  “consumption” do not include materials, containers, labels,
  484  sacks, bags, or similar items intended to accompany a product
  485  sold to a customer without which delivery of the product would
  486  be impracticable because of the character of the contents and be
  487  used one time only for packaging tangible personal property for
  488  sale or for the convenience of the customer or for packaging in
  489  the process of providing a service taxable under this chapter.
  490  When a separate charge for packaging materials is made, the
  491  charge shall be considered part of the sales price or rental
  492  charge for purposes of determining the applicability of tax. The
  493  terms do not include the sale, use, storage, or consumption of
  494  industrial materials, including chemicals and fuels except as
  495  provided herein, for future processing, manufacture, or
  496  conversion into articles of tangible personal property for
  497  resale when such industrial materials, including chemicals and
  498  fuels except as provided herein, become a component or
  499  ingredient of the finished product. However, the terms include
  500  the sale, use, storage, or consumption of tangible personal
  501  property, including machinery and equipment or parts thereof,
  502  purchased electricity, and fuels used to power machinery, when
  503  such items are used and dissipated in fabricating, converting,
  504  or processing tangible personal property for sale, even though
  505  they may become ingredients or components of the tangible
  506  personal property for sale through accident, wear, tear,
  507  erosion, corrosion, or similar means. The terms do not include
  508  the sale of materials to a registered repair facility for use in
  509  repairing a motor vehicle, airplane, or boat, when such
  510  materials are incorporated into and sold as part of the repair.
  511  Such a sale shall be deemed a purchase for resale by the repair
  512  facility, even though every material is not separately stated or
  513  separately priced on the repair invoice.
  514         (d) “Gross sales” means the sum total of all sales of
  515  tangible personal property as defined herein, without any
  516  deduction whatsoever of any kind or character, except as
  517  provided in this chapter.
  518         (e) The term “retail sale” includes a mail order sale, as
  519  defined in s. 212.0596(1).
  520         (35)(15) “Sale” means and includes:
  521         (a) Any transfer of title or possession, or both, exchange,
  522  barter, license, lease, or rental, conditional or otherwise, in
  523  any manner or by any means whatsoever, of tangible personal
  524  property for a consideration.
  525         (b) The rental of living quarters or sleeping or
  526  housekeeping accommodations in hotels, apartment houses or
  527  roominghouses, or tourist or trailer camps, as hereinafter
  528  defined in this chapter.
  529         (c) The producing, fabricating, processing, printing, or
  530  imprinting of tangible personal property for a consideration for
  531  consumers who furnish either directly or indirectly the
  532  materials used in the producing, fabricating, processing,
  533  printing, or imprinting.
  534         (d) The furnishing, preparing, or serving for a
  535  consideration of any tangible personal property for consumption
  536  on or off the premises of the person furnishing, preparing, or
  537  serving such tangible personal property which includes the sale
  538  of meals or prepared food by an employer to his or her
  539  employees.
  540         (e) A transaction whereby the possession of property is
  541  transferred but the seller retains title as security for the
  542  payment of the price.
  543         (36)(a)(16) “Sales price” applies to the amount subject to
  544  the tax imposed by this chapter and means the total
  545  consideration, including cash, credit, property, and services,
  546  for which tangible personal property or services are sold,
  547  leased, or rented, valued in money, whether received in money or
  548  otherwise, without any deduction for the following:
  549         1.The dealer’s cost of the property sold;
  550         2.The cost of materials used, labor or service cost,
  551  interest, losses, all costs of transportation to the dealer, all
  552  taxes imposed on the dealer, and any other expense of the
  553  dealer;
  554         3.Charges by the dealer for any services necessary to
  555  complete the sale, other than delivery and installation charges;
  556         4.Delivery charges;
  557         5.Installation charges; or
  558         6. Charges by a dealer for a bundled transaction, which
  559  includes a sale or use of a product that is taxable under this
  560  chapter, unless otherwise provided in this chapter.
  561         (b)“Sales price” does not include:
  562         1.Trade-ins allowed and taken at the time of sale if the
  563  amount is separately stated on the invoice, bill of sale, or
  564  similar document given to the purchaser;
  565         2.Discounts, including cash, term, or coupons, which are
  566  not reimbursed by a third party, are allowed by a dealer, and
  567  are taken by a purchaser at the time of sale;
  568         3.Interest, financing, and carrying charges from credit
  569  extended on the sale of personal property or services, if the
  570  amount is separately stated on the invoice, bill of sale, or
  571  similar document given to the purchaser;
  572         4.Any taxes legally imposed directly on the consumer which
  573  are separately stated on the invoice, bill of sale, or similar
  574  document given to the purchaser; or means the total amount paid
  575  for tangible personal property, including any services that are
  576  a part of the sale, valued in money, whether paid in money or
  577  otherwise, and includes any amount for which credit is given to
  578  the purchaser by the seller, without any deduction therefrom on
  579  account of the cost of the property sold, the cost of materials
  580  used, labor or service cost, interest charged, losses, or any
  581  other expense whatsoever. “Sales price” also includes the
  582  consideration for a transaction which requires both labor and
  583  material to alter, remodel, maintain, adjust, or repair tangible
  584  personal property. Trade-ins or discounts allowed and taken at
  585  the time of sale shall not be included within the purview of
  586  this subsection. “Sales price” also includes the full face value
  587  of any coupon used by a purchaser to reduce the price paid to a
  588  retailer for an item of tangible personal property; where the
  589  retailer will be reimbursed for such coupon, in whole or in
  590  part, by the manufacturer of the item of tangible personal
  591  property; or whenever it is not practicable for the retailer to
  592  determine, at the time of sale, the extent to which
  593  reimbursement for the coupon will be made. The term “sales
  594  price” does not include federal excise taxes imposed upon the
  595  retailer on the sale of tangible personal property. The term
  596  “sales price” does include federal manufacturers’ excise taxes,
  597  even if the federal tax is listed as a separate item on the
  598  invoice. To the extent required by federal law, the term “sales
  599  price” does not include
  600         5. Charges for Internet access services that which are sold
  601  separately or that are not itemized on the customer’s bill, but
  602  that which can be reasonably identified from the selling
  603  dealer’s books and records kept in the regular course of
  604  business. The dealer may support the allocation of charges with
  605  books and records kept in the regular course of business
  606  covering the dealer’s entire service area, including territories
  607  outside this state.
  608         (14)(17) “Diesel fuel” means any liquid product or, gas
  609  product, or any combination thereof, which is used in an
  610  internal combustion engine or motor to propel any form of
  611  vehicle, machine, or mechanical contrivance. The This term
  612  includes, but is not limited to, all forms of fuel commonly or
  613  commercially known or sold as diesel fuel or kerosene. However,
  614  the term “diesel fuel” does not include butane gas, propane gas,
  615  or any other form of liquefied petroleum gas or compressed
  616  natural gas.
  617         (15)“Direct mail” means printed material delivered or
  618  distributed by the United States Postal Service or other
  619  delivery service to a mass audience or to addressees on a
  620  mailing list provided by the purchaser or at the direction of
  621  the purchaser when the cost of the items is not billed directly
  622  to the recipients. The term includes tangible personal property
  623  supplied directly or indirectly by the purchaser to the direct
  624  mail dealer for inclusion in the package containing the printed
  625  material. The term does not include multiple items of printed
  626  material delivered to a single address.
  627         (16)“Electronic” means relating to technology having
  628  electrical, digital, magnetic, wireless, optical,
  629  electromagnetic, or similar capabilities.
  630         (41)(18) “Storage” means and includes any keeping or
  631  retention in this state of tangible personal property for use or
  632  consumption in this state or for any purpose other than sale at
  633  retail in the regular course of business.
  634         (42)(19) “Tangible personal property” means and includes
  635  personal property that which may be seen, weighed, measured, or
  636  touched or is in any manner perceptible to the senses, including
  637  electric power or energy, water, gas, steam, prewritten computer
  638  software, boats, motor vehicles and mobile homes as defined in
  639  s. 320.01(1) and (2), aircraft as defined in s. 330.27, and all
  640  other types of vehicles. The term “tangible personal property”
  641  does not include stocks, bonds, notes, insurance, or other
  642  obligations or securities or pari-mutuel tickets sold or issued
  643  under the racing laws of the state.
  644         (43)(20) “Use” means and includes the exercise of any right
  645  or power over tangible personal property incident to the
  646  ownership thereof, or interest therein, except that it does not
  647  include the sale at retail of that property in the regular
  648  course of business. The term “use” does not include:
  649         (a) The loan of an automobile by a motor vehicle dealer to
  650  a high school for use in its driver education and safety
  651  program. The term “use” does not include; or
  652         (b) A contractor’s use of “qualifying property” as defined
  653  by paragraph (34)(a) paragraph (14)(a).
  654         (44)(21)The term “Use tax” referred to in this chapter
  655  includes the use, the consumption, the distribution, and the
  656  storage as herein defined.
  657         (45) “Voluntary seller” or “volunteer seller” means a
  658  dealer who is not required to register in this state to collect
  659  the tax imposed by this chapter.
  660         (40)(22) “Spaceport activities” means activities directed
  661  or sponsored by Space Florida on spaceport territory pursuant to
  662  its powers and responsibilities under the Space Florida Act.
  663         (39)(23) “Space flight” means any flight designed for
  664  suborbital, orbital, or interplanetary travel of a space
  665  vehicle, satellite, or station of any kind.
  666         (8)(24) “Coin-operated amusement machine” means any machine
  667  operated by coin, slug, token, coupon, or similar device for the
  668  purposes of entertainment or amusement. The term includes, but
  669  is not limited to, coin-operated pinball machines, music
  670  machines, juke boxes, mechanical games, video games, arcade
  671  games, billiard tables, moving picture viewers, shooting
  672  galleries, and all other similar amusement devices.
  673         (37)(25) “Sea trial” means a voyage for the purpose of
  674  testing repair or modification work, which is in length and
  675  scope reasonably necessary to test repairs or modifications, or
  676  a voyage for the purpose of ascertaining the seaworthiness of a
  677  vessel. If the sea trial is to test repair or modification work,
  678  the owner or repair facility shall certify, on in a form
  679  required by the department, the what repairs that have been
  680  tested. The owner and the repair facility may also be required
  681  to certify that the length and scope of the voyage were
  682  reasonably necessary to test the repairs or modifications.
  683         (38)(26) “Solar energy system” means the equipment and
  684  requisite hardware that provide and are used for collecting,
  685  transferring, converting, storing, or using incident solar
  686  energy for water heating, space heating, cooling, or other
  687  applications that would otherwise require the use of a
  688  conventional source of energy such as petroleum products,
  689  natural gas, manufactured gas, or electricity.
  690         (27) “Agricultural commodity” means horticultural,
  691  aquacultural, poultry and farm products, and livestock and
  692  livestock products.
  693         (19)(28) “Farmer” means a person who is directly engaged in
  694  the business of producing crops, livestock, or other
  695  agricultural commodities. The term includes, but is not limited
  696  to, horse breeders, nurserymen, dairy farmers, poultry farmers,
  697  cattle ranchers, apiarists, and persons raising fish.
  698         (25)(29) “Livestock” includes all animals of the equine,
  699  bovine, or swine class, including goats, sheep, mules, horses,
  700  hogs, cattle, ostriches, and other grazing animals raised for
  701  commercial purposes. The term “livestock” shall also include
  702  fish raised for commercial purposes.
  703         (28)(30) “Power farm equipment” means moving or stationary
  704  equipment that contains within itself the means for its own
  705  propulsion or power and moving or stationary equipment that is
  706  dependent upon an external power source to perform its
  707  functions.
  708         (29)“Prewritten computer software” means computer
  709  software, including prewritten upgrades, which is not designed
  710  and developed by the author or other creator to the
  711  specifications of a specific purchaser. The combining of two or
  712  more prewritten computer software programs or prewritten
  713  portions of such programs does not cause the combination to be
  714  other than prewritten computer software. Prewritten computer
  715  software includes software designed and developed by the author
  716  or other creator to the specifications of a specific purchaser
  717  when such software is sold to a person other than the specific
  718  purchaser. Where a person modifies or enhances computer software
  719  that he or she did not author or create, the person shall be
  720  deemed to be the author or creator only of his or her
  721  modifications or enhancements. Prewritten computer software or a
  722  prewritten portion of such software that is modified or enhanced
  723  to any degree, if such modification or enhancement is designed
  724  and developed to the specifications of a specific purchaser,
  725  remains prewritten computer software. However, prewritten
  726  computer software does not include software that has been
  727  modified or enhanced for a particular purchaser if the charge
  728  for the enhancement is reasonable and separately stated on the
  729  invoice or other statement of price given to the purchaser.
  730         (30) “Product” means tangible personal property, a digital
  731  good, or a service. The term does not include real property and
  732  services to real property.
  733         (31) “Purchase price” means the measure subject to use tax
  734  and has the same meaning as sales price.
  735         (20)(31) “Forest” means the land stocked by trees of any
  736  size used in the production of forest products, or formerly
  737  having such tree cover, and not currently developed for
  738  nonforest use.
  739         (3)(32) “Agricultural production” means the production of
  740  plants and animals useful to humans, including the preparation,
  741  planting, cultivating, or harvesting of these products or any
  742  other practices necessary to accomplish production through the
  743  harvest phase, which and includes aquaculture, horticulture,
  744  floriculture, viticulture, forestry, dairy, livestock, poultry,
  745  bees, and any and all other forms of farm products and farm
  746  production.
  747         (32)(33) “Qualified aircraft” means any aircraft that has
  748  having a maximum certified takeoff weight of less than 10,000
  749  pounds and equipped with twin turbofan engines that meet Stage
  750  IV noise requirements that is used by a business that operates
  751  operating as an on-demand air carrier under Federal Aviation
  752  Administration Regulation Title 14, chapter I, part 135, Code of
  753  Federal Regulations, that owns or leases and operates a fleet of
  754  at least 25 of such aircraft in this state.
  755         (21)(34) “Fractional aircraft ownership program” means a
  756  program that meets the requirements of 14 C.F.R. part 91,
  757  subpart K, relating to fractional ownership operations, except
  758  that the program must include a minimum of 25 aircraft owned or
  759  leased by the program manager and used in the program.
  760         Section 2. Paragraph (c) of subsection (7) of section
  761  212.03, Florida Statutes, is amended to read:
  762         212.03 Transient rentals tax; rate, procedure, enforcement,
  763  exemptions.—
  764         (7)
  765         (c) The rental of facilities in a trailer camp, mobile home
  766  park, or recreational vehicle park facilities, as defined in s.
  767  212.02(24) s. 212.02(10)(f), which are intended primarily for
  768  rental as a principal or permanent place of residence is exempt
  769  from the tax imposed by this chapter. The rental of such
  770  facilities that primarily serve transient guests is not exempt
  771  by this subsection. In the application of this law, or in making
  772  any determination against the exemption, the department shall
  773  consider the facility as primarily serving transient guests
  774  unless the facility owner makes a verified declaration on a form
  775  prescribed by the department that more than half of the total
  776  rental units available are occupied by tenants who have a
  777  continuous residence in excess of 3 months. The owner of a
  778  facility declared to be exempt by this paragraph must make a
  779  determination of the taxable status of the facility at the end
  780  of the owner’s accounting year using any consecutive 3-month
  781  period, at least one month of which is in the accounting year.
  782  The owner must use a selected consecutive 3-month period during
  783  each annual redetermination. In the event that an exempt
  784  facility no longer qualifies for exemption by this paragraph,
  785  the owner must notify the department on a form prescribed by the
  786  department by the 20th day of the first month of the owner’s
  787  next succeeding accounting year that the facility no longer
  788  qualifies for such exemption. The tax levied by this section
  789  shall apply to the rental of facilities that no longer qualify
  790  for exemption under this paragraph beginning the first day of
  791  the owner’s next succeeding accounting year. The provisions of
  792  this paragraph do not apply to mobile home lots regulated under
  793  chapter 723.
  794         Section 3. Subsection (6) of section 212.0306, Florida
  795  Statutes, is amended to read:
  796         212.0306 Local option food and beverage tax; procedure for
  797  levying; authorized uses; administration.—
  798         (6) Any county levying a tax authorized by this section
  799  must locally administer the tax using the powers and duties
  800  enumerated for local administration of the tourist development
  801  tax by s. 125.0104, 1992 Supplement to the Florida Statutes
  802  1991. The county’s ordinance shall also provide for brackets
  803  applicable to taxable transactions.
  804         Section 4. Subsection (1) of section 212.031, Florida
  805  Statutes, is amended to read:
  806         212.031 Tax on rental or license fee for use of real
  807  property.—
  808         (1)(a) It is declared to be the legislative intent that
  809  every person is exercising a taxable privilege who engages in
  810  the business of renting, leasing, letting, or granting a license
  811  for the use of any real property unless such property is:
  812         1. Assessed as agricultural property under s. 193.461.
  813         2. Used exclusively as dwelling units.
  814         3. Property subject to tax on parking, docking, or storage
  815  spaces under s. 212.03(6).
  816         4. Recreational property or the common elements of a
  817  condominium when subject to a lease between the developer or
  818  owner thereof and the condominium association in its own right
  819  or as agent for the owners of individual condominium units or
  820  the owners of individual condominium units. However, only the
  821  lease payments on such property are shall be exempt from the tax
  822  imposed by this chapter, and any other use made by the owner or
  823  the condominium association is shall be fully taxable under this
  824  chapter.
  825         5. A public or private street or right-of-way and poles,
  826  conduits, fixtures, and similar improvements located on such
  827  streets or rights-of-way, occupied or used by a utility or
  828  provider of communications services, as defined by s. 202.11,
  829  for utility or communications or television purposes. For
  830  purposes of this subparagraph, the term “utility” means any
  831  person providing utility services as defined in s. 203.012. This
  832  exception also applies to property, wherever located, on which
  833  the following are placed: towers, antennas, cables, accessory
  834  structures, or equipment, not including switching equipment,
  835  used in the provision of mobile communications services as
  836  defined in s. 202.11. For purposes of this chapter, towers used
  837  in the provision of mobile communications services, as defined
  838  in s. 202.11, are considered to be fixtures.
  839         6. A public street or road that which is used for
  840  transportation purposes.
  841         7. Property used at an airport exclusively for the purpose
  842  of aircraft landing or aircraft taxiing or property used by an
  843  airline for the purpose of loading or unloading passengers or
  844  property onto or from aircraft or for fueling aircraft.
  845         8.a. Property used at a port authority, as defined in s.
  846  315.02(2), exclusively for the purpose of oceangoing vessels or
  847  tugs docking, or such vessels mooring on property used by a port
  848  authority for the purpose of loading or unloading passengers or
  849  cargo onto or from such a vessel, or property used at a port
  850  authority for fueling such vessels, or to the extent that the
  851  amount paid for the use of any property at the port is based on
  852  the charge for the amount of tonnage actually imported or
  853  exported through the port by a tenant.
  854         b. The amount charged for the use of any property at the
  855  port in excess of the amount charged for tonnage actually
  856  imported or exported remains shall remain subject to tax except
  857  as provided in sub-subparagraph a.
  858         9. Property used as an integral part of the performance of
  859  qualified production services. As used in this subparagraph, the
  860  term “qualified production services” means any activity or
  861  service performed directly in connection with the production of
  862  a qualified motion picture, as defined in s. 212.06(1)(b), and
  863  includes:
  864         a. Photography, sound and recording, casting, location
  865  managing and scouting, shooting, creation of special and optical
  866  effects, animation, adaptation (language, media, electronic, or
  867  otherwise), technological modifications, computer graphics, set
  868  and stage support (such as electricians, lighting designers and
  869  operators, greensmen, prop managers and assistants, and grips),
  870  wardrobe (design, preparation, and management), hair and makeup
  871  (design, production, and application), performing (such as
  872  acting, dancing, and playing), designing and executing stunts,
  873  coaching, consulting, writing, scoring, composing,
  874  choreographing, script supervising, directing, producing,
  875  transmitting dailies, dubbing, mixing, editing, cutting,
  876  looping, printing, processing, duplicating, storing, and
  877  distributing;
  878         b. The design, planning, engineering, construction,
  879  alteration, repair, and maintenance of real or personal property
  880  including stages, sets, props, models, paintings, and facilities
  881  principally required for the performance of those services
  882  listed in sub-subparagraph a.; and
  883         c. Property management services directly related to
  884  property used in connection with the services described in sub
  885  subparagraphs a. and b.
  886  
  887  This exemption inures will inure to the taxpayer upon
  888  presentation of the certificate of exemption issued to the
  889  taxpayer under the provisions of s. 288.1258.
  890         10. Leased, subleased, licensed, or rented to a person
  891  providing food and drink concessionaire services within the
  892  premises of a convention hall, exhibition hall, auditorium,
  893  stadium, theater, arena, civic center, performing arts center,
  894  publicly owned recreational facility, or any business operated
  895  under a permit issued pursuant to chapter 550. This exception to
  896  the tax imposed by this section applies only to the space used
  897  exclusively for selling and distributing food and drinks. A
  898  person providing retail concessionaire services involving the
  899  sale of food and drink or other tangible personal property
  900  within the premises of an airport is shall be subject to tax on
  901  the rental of real property used for that purpose, but is shall
  902  not be subject to the tax on any license to use the property.
  903  For purposes of this subparagraph, the term “sale” does shall
  904  not include the leasing of tangible personal property.
  905         11. Property occupied pursuant to an instrument calling for
  906  payments which the department has declared, in a Technical
  907  Assistance Advisement issued on or before March 15, 1993, to be
  908  nontaxable pursuant to rule 12A-1.070(19)(c), Florida
  909  Administrative Code; provided that this subparagraph shall only
  910  apply to property occupied by the same person before and after
  911  the execution of the subject instrument and only to those
  912  payments made pursuant to such instrument, exclusive of renewals
  913  and extensions thereof occurring after March 15, 1993.
  914         12. Property used or occupied predominantly for space
  915  flight business purposes. As used in this subparagraph, “space
  916  flight business” means the manufacturing, processing, or
  917  assembly of a space facility, space propulsion system, space
  918  vehicle, satellite, or station of any kind possessing the
  919  capacity for space flight, as defined by s. 212.02 s.
  920  212.02(23), or components thereof, and also means the following
  921  activities supporting space flight: vehicle launch activities,
  922  flight operations, ground control or ground support, and all
  923  administrative activities directly related thereto. Property is
  924  shall be deemed to be used or occupied predominantly for space
  925  flight business purposes if more than 50 percent of the
  926  property, or improvements thereon, is used for one or more space
  927  flight business purposes. Possession by a landlord, lessor, or
  928  licensor of a signed written statement from the tenant, lessee,
  929  or licensee claiming the exemption relieves shall relieve the
  930  landlord, lessor, or licensor from the responsibility of
  931  collecting the tax, and the department shall look solely to the
  932  tenant, lessee, or licensee for recovery of such tax if it
  933  determines that the exemption was not applicable.
  934         13. Rented, leased, subleased, or licensed to a person
  935  providing telecommunications, data systems management, or
  936  Internet services at a publicly or privately owned convention
  937  hall, civic center, or meeting space at a public lodging
  938  establishment as defined in s. 509.013. This subparagraph
  939  applies only to that portion of the rental, lease, or license
  940  payment that is based upon a percentage of sales, revenue
  941  sharing, or royalty payments and not based upon a fixed price.
  942  This subparagraph is intended to be clarifying and remedial in
  943  nature and shall apply retroactively. This subparagraph does not
  944  provide a basis for an assessment of any tax not paid, or create
  945  a right to a refund of any tax paid, pursuant to this section
  946  before July 1, 2010.
  947         (b) If When a lease involves multiple use of real property
  948  wherein a part of the real property is subject to the tax
  949  herein, and a part of the property would be excluded from the
  950  tax under subparagraph (a)1., subparagraph (a)2., subparagraph
  951  (a)3., or subparagraph (a)5., the department shall determine,
  952  from the lease or license and such other information as may be
  953  available, that portion of the total rental charge which is
  954  exempt from the tax imposed by this section. The portion of the
  955  premises leased or rented by a for-profit entity providing a
  956  residential facility for the aged will be exempt on the basis of
  957  a pro rata portion calculated by combining the square footage of
  958  the areas used for residential units by the aged and for the
  959  care of such residents and dividing the resultant sum by the
  960  total square footage of the rented premises. For purposes of
  961  this section, the term “residential facility for the aged” means
  962  a facility that is licensed or certified in whole or in part
  963  under chapter 400, chapter 429, or chapter 651; or that provides
  964  residences to the elderly and is financed by a mortgage or loan
  965  made or insured by the United States Department of Housing and
  966  Urban Development under s. 202, s. 202 with a s. 8 subsidy, s.
  967  221(d)(3) or (4), s. 232, or s. 236 of the National Housing Act;
  968  or other such similar facility that provides residences
  969  primarily for the elderly.
  970         (c) For the exercise of such privilege, a tax is levied in
  971  an amount equal to 6 percent of and on the total rent or license
  972  fee charged for such real property by the person charging or
  973  collecting the rental or license fee. The total rent or license
  974  fee charged for such real property shall include payments for
  975  the granting of a privilege to use or occupy real property for
  976  any purpose and shall include base rent, percentage rents, or
  977  similar charges. Such charges shall be included in the total
  978  rent or license fee subject to tax under this section whether or
  979  not they can be attributed to the ability of the lessor’s or
  980  licensor’s property as used or operated to attract customers.
  981  Payments for intrinsically valuable personal property such as
  982  franchises, trademarks, service marks, logos, or patents are not
  983  subject to tax under this section. In the case of a contractual
  984  arrangement that provides for both payments taxable as total
  985  rent or license fee and payments not subject to tax, the tax
  986  shall be based on a reasonable allocation of such payments and
  987  does shall not apply to that portion that which is for the
  988  nontaxable payments.
  989         (d) If When the rental or license fee of any such real
  990  property is paid by way of property, goods, wares, merchandise,
  991  services, or other thing of value, the tax is shall be at the
  992  rate of 6 percent of the value of the property, goods, wares,
  993  merchandise, services, or other thing of value.
  994         Section 5. The amendment to subparagraph 10. of paragraph
  995  (a) of subsection (1) of section 212.031, Florida Statutes, made
  996  by this act operates retroactively. However, the retroactive
  997  operation of the amendment is remedial in nature and does not
  998  create the right to a refund or require a refund by any
  999  governmental entity of any tax, penalty, or interest remitted to
 1000  the Department of Revenue before January 1, 2012.
 1001         Section 6. Paragraph (b) of subsection (1) and paragraph
 1002  (a) of subsection (2) of section 212.04, Florida Statutes, are
 1003  amended to read:
 1004         212.04 Admissions tax; rate, procedure, enforcement.—
 1005         (1)
 1006         (b) For the exercise of such privilege, a tax is levied at
 1007  the rate of 6 percent of sales price, or the actual value
 1008  received from such admissions. The, which 6 percent shall be
 1009  added to and collected with all such admissions from the
 1010  purchaser thereof, and such tax shall be paid for the exercise
 1011  of the privilege as defined in the preceding paragraph. Each
 1012  ticket must show on its face the actual sales price of the
 1013  admission, or each dealer selling the admission must prominently
 1014  display at the box office or other place where the admission
 1015  charge is made a notice disclosing the price of the admission,
 1016  and the tax shall be computed and collected on the basis of the
 1017  actual price of the admission charged by the dealer. The sale
 1018  price or actual value of admission shall, for the purpose of
 1019  this chapter, be that price remaining after deduction of federal
 1020  taxes and state or locally imposed or authorized seat
 1021  surcharges, taxes, or fees, if any, imposed upon such admission.
 1022  The sale price or actual value does not include separately
 1023  stated ticket service charges that are imposed by a facility
 1024  ticket office or a ticketing service and added to a separately
 1025  stated, established ticket price. The rate of tax on each
 1026  admission shall be according to the brackets established by s.
 1027  212.12(9).
 1028         (2)(a)1. No tax shall be levied on admissions to athletic
 1029  or other events sponsored by elementary schools, junior high
 1030  schools, middle schools, high schools, community colleges,
 1031  public or private colleges and universities, deaf and blind
 1032  schools, facilities of the youth services programs of the
 1033  Department of Children and Family Services, and state
 1034  correctional institutions when only student, faculty, or inmate
 1035  talent is used. However, this exemption shall not apply to
 1036  admission to athletic events sponsored by a state university,
 1037  and the proceeds of the tax collected on such admissions shall
 1038  be retained and used by each institution to support women’s
 1039  athletics as provided in s. 1006.71(2)(c).
 1040         2.a. No tax shall be levied on dues, membership fees, and
 1041  admission charges imposed by not-for-profit sponsoring
 1042  organizations. To receive this exemption, the sponsoring
 1043  organization must qualify as a not-for-profit entity under the
 1044  provisions of s. 501(c)(3) of the Internal Revenue Code of 1954,
 1045  as amended.
 1046         b. A tax may not be levied on admission charges to an event
 1047  sponsored by a state college, state university, or community
 1048  college if the event is held in a convention hall, exhibition
 1049  hall, auditorium, stadium, theater, arena, civic center,
 1050  performing arts center, or publicly owned recreational facility
 1051  if all of the risk of success or failure lies with the sponsor
 1052  of the event, all of the funds at risk for the event belong to
 1053  the sponsor, and student or faculty talent are not exclusively
 1054  used. No tax shall be levied on admission charges to an event
 1055  sponsored by a governmental entity, sports authority, or sports
 1056  commission when held in a convention hall, exhibition hall,
 1057  auditorium, stadium, theater, arena, civic center, performing
 1058  arts center, or publicly owned recreational facility and when
 1059  100 percent of the risk of success or failure lies with the
 1060  sponsor of the event and 100 percent of the funds at risk for
 1061  the event belong to the sponsor, and student or faculty talent
 1062  is not exclusively used. As used in this sub-subparagraph, the
 1063  terms “sports authority” and “sports commission” mean a
 1064  nonprofit organization that is exempt from federal income tax
 1065  under s. 501(c)(3) of the Internal Revenue Code and that
 1066  contracts with a county or municipal government for the purpose
 1067  of promoting and attracting sports-tourism events to the
 1068  community with which it contracts.
 1069         3. No tax shall be levied on an admission paid by a
 1070  student, or on the student’s behalf, to any required place of
 1071  sport or recreation if the student’s participation in the sport
 1072  or recreational activity is required as a part of a program or
 1073  activity sponsored by, and under the jurisdiction of, the
 1074  student’s educational institution, provided his or her
 1075  attendance is as a participant and not as a spectator.
 1076         4. No tax shall be levied on admissions to the National
 1077  Football League championship game or Pro Bowl; on admissions to
 1078  any semifinal game or championship game of a national collegiate
 1079  tournament; on admissions to a Major League Baseball, National
 1080  Basketball Association, or National Hockey League all-star game;
 1081  on admissions to the Major League Baseball Home Run Derby held
 1082  before the Major League Baseball All-Star Game; or on admissions
 1083  to the National Basketball Association Rookie Challenge,
 1084  Celebrity Game, 3-Point Shooting Contest, or Slam Dunk
 1085  Challenge.
 1086         5. A participation fee or sponsorship fee imposed by a
 1087  governmental entity as described in s. 212.08(6) for an athletic
 1088  or recreational program is exempt when the governmental entity
 1089  by itself, or in conjunction with an organization exempt under
 1090  s. 501(c)(3) of the Internal Revenue Code of 1954, as amended,
 1091  sponsors, administers, plans, supervises, directs, and controls
 1092  the athletic or recreational program.
 1093         6. Also exempt from the tax imposed by this section to the
 1094  extent provided in this subparagraph are admissions to live
 1095  theater, live opera, or live ballet productions in this state
 1096  which are sponsored by an organization that has received a
 1097  determination from the Internal Revenue Service that the
 1098  organization is exempt from federal income tax under s.
 1099  501(c)(3) of the Internal Revenue Code of 1954, as amended, if
 1100  the organization actively participates in planning and
 1101  conducting the event, is responsible for the safety and success
 1102  of the event, is organized for the purpose of sponsoring live
 1103  theater, live opera, or live ballet productions in this state,
 1104  has more than 10,000 subscribing members and has among the
 1105  stated purposes in its charter the promotion of arts education
 1106  in the communities which it serves, and will receive at least 20
 1107  percent of the net profits, if any, of the events sponsored by
 1108  which the organization sponsors and will bear the risk of at
 1109  least 20 percent of the losses, if any, from the events which it
 1110  sponsors if the organization employs other persons as agents to
 1111  provide services in connection with a sponsored event. Prior to
 1112  March 1 of each year, such organization may apply to the
 1113  department for a certificate of exemption for admissions to such
 1114  events sponsored in this state by the organization during the
 1115  immediately following state fiscal year. The application shall
 1116  state the total dollar amount of admissions receipts collected
 1117  by the organization or its agents from such events in this state
 1118  sponsored by the organization or its agents in the year
 1119  immediately preceding the year in which the organization applies
 1120  for the exemption. Such organization shall receive the exemption
 1121  only to the extent of $1.5 million multiplied by the ratio that
 1122  such receipts bear to the total of such receipts of all
 1123  organizations applying for the exemption in such year; however,
 1124  in no event shall such exemption granted to any organization
 1125  exceed 6 percent of such admissions receipts collected by the
 1126  organization or its agents in the year immediately preceding the
 1127  year in which the organization applies for the exemption. Each
 1128  organization receiving the exemption shall report each month to
 1129  the department the total admissions receipts collected from such
 1130  events sponsored by the organization during the preceding month
 1131  and shall remit to the department an amount equal to 6 percent
 1132  of such receipts reduced by any amount remaining under the
 1133  exemption. Tickets for such events sold by such organizations
 1134  shall not reflect the tax otherwise imposed under this section.
 1135         7. Also exempt from the tax imposed by this section are
 1136  entry fees for participation in freshwater fishing tournaments.
 1137         8. Also exempt from the tax imposed by this section are
 1138  participation or entry fees charged to participants in a game,
 1139  race, or other sport or recreational event if spectators are
 1140  charged a taxable admission to such event.
 1141         9. No tax shall be levied on admissions to any postseason
 1142  collegiate football game sanctioned by the National Collegiate
 1143  Athletic Association.
 1144         Section 7. Section 212.05, Florida Statutes, is amended to
 1145  read:
 1146         212.05 Sales, storage, use tax.—It is hereby declared to be
 1147  the legislative intent that every person is exercising a taxable
 1148  privilege who engages in the business of selling tangible
 1149  personal property at retail in this state, including the
 1150  business of making mail order sales, or who rents or furnishes
 1151  any of the things or services taxable under this chapter, or who
 1152  stores for use or consumption in this state any item or article
 1153  of tangible personal property as defined herein and who leases
 1154  or rents such property within the state.
 1155         (1) For the exercise of such privilege, a tax is levied on
 1156  each taxable transaction or incident, which tax is due and
 1157  payable as follows:
 1158         (a)1.a. At the rate of 6 percent of the sales price of each
 1159  item or article of tangible personal property when sold at
 1160  retail in this state, computed on each taxable sale for the
 1161  purpose of remitting the amount of tax due the state, and
 1162  including each and every retail sale.
 1163         b. Each occasional or isolated sale of an aircraft, boat,
 1164  mobile home, or motor vehicle of a class or type which is
 1165  required to be registered, licensed, titled, or documented in
 1166  this state or by the United States Government shall be subject
 1167  to tax at the rate provided in this paragraph. The department
 1168  shall by rule adopt any nationally recognized publication for
 1169  valuation of used motor vehicles as the reference price list for
 1170  any used motor vehicle that which is required to be licensed
 1171  pursuant to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9).
 1172  If any party to an occasional or isolated sale of such a vehicle
 1173  reports to the tax collector a sales price that which is less
 1174  than 80 percent of the average loan price for the specified
 1175  model and year of such vehicle as listed in the most recent
 1176  reference price list, the tax levied under this paragraph shall
 1177  be computed by the department on such average loan price unless
 1178  the parties to the sale have provided to the tax collector an
 1179  affidavit signed by each party, or other substantial proof,
 1180  stating the actual sales price. Any party to such sale who
 1181  reports a sales price less than the actual sales price commits
 1182  is guilty of a misdemeanor of the first degree, punishable as
 1183  provided in s. 775.082 or s. 775.083. The department shall
 1184  collect or attempt to collect from such party any delinquent
 1185  sales taxes. In addition, such party shall pay any tax due and
 1186  any penalty and interest assessed plus a penalty equal to twice
 1187  the amount of the additional tax owed. Notwithstanding any other
 1188  provision of law, the Department of Revenue may waive or
 1189  compromise any penalty imposed pursuant to this subparagraph.
 1190         2. This paragraph does not apply to the sale of a boat or
 1191  aircraft by or through a registered dealer under this chapter to
 1192  a purchaser who, at the time of taking delivery, is a
 1193  nonresident of this state, does not make his or her permanent
 1194  place of abode in this state, and is not engaged in carrying on
 1195  in this state any employment, trade, business, or profession in
 1196  which the boat or aircraft will be used in this state, or is a
 1197  corporation none of the officers or directors of which is a
 1198  resident of, or makes his or her permanent place of abode in,
 1199  this state, or is a noncorporate entity that has no individual
 1200  vested with authority to participate in the management,
 1201  direction, or control of the entity’s affairs who is a resident
 1202  of, or makes his or her permanent abode in, this state. For
 1203  purposes of this exemption, either a registered dealer acting on
 1204  his or her own behalf as seller, a registered dealer acting as
 1205  broker on behalf of a seller, or a registered dealer acting as
 1206  broker on behalf of the purchaser may be deemed to be the
 1207  selling dealer. This exemption shall not be allowed unless:
 1208         a. The purchaser removes a qualifying boat, as described in
 1209  sub-subparagraph f., from the state within 90 days after the
 1210  date of purchase or extension, or the purchaser removes a
 1211  nonqualifying boat or an aircraft from this state within 10 days
 1212  after the date of purchase or, when the boat or aircraft is
 1213  repaired or altered, within 20 days after completion of the
 1214  repairs or alterations;
 1215         b. The purchaser, within 30 days from the date of
 1216  departure, shall provide the department with written proof that
 1217  the purchaser licensed, registered, titled, or documented the
 1218  boat or aircraft outside the state. If such written proof is
 1219  unavailable, within 30 days the purchaser shall provide proof
 1220  that the purchaser applied for such license, title,
 1221  registration, or documentation. The purchaser shall forward to
 1222  the department proof of title, license, registration, or
 1223  documentation upon receipt;
 1224         c. The purchaser, within 10 days of removing the boat or
 1225  aircraft from Florida, shall furnish the department with proof
 1226  of removal in the form of receipts for fuel, dockage, slippage,
 1227  tie-down, or hangaring from outside of Florida. The information
 1228  so provided must clearly and specifically identify the boat or
 1229  aircraft;
 1230         d. The selling dealer, within 5 days of the date of sale,
 1231  shall provide to the department a copy of the sales invoice,
 1232  closing statement, bills of sale, and the original affidavit
 1233  signed by the purchaser attesting that he or she has read the
 1234  provisions of this section;
 1235         e. The seller makes a copy of the affidavit a part of his
 1236  or her record for as long as required by s. 213.35; and
 1237         f. Unless the nonresident purchaser of a boat of 5 net tons
 1238  of admeasurement or larger intends to remove the boat from this
 1239  state within 10 days after the date of purchase or, when the
 1240  boat is repaired or altered, within 20 days after completion of
 1241  the repairs or alterations, the nonresident purchaser shall
 1242  apply to the selling dealer for a decal that which authorizes 90
 1243  days after the date of purchase for removal of the boat. The
 1244  nonresident purchaser of a qualifying boat may apply to the
 1245  selling dealer within 60 days after the date of purchase for an
 1246  extension decal that authorizes the boat to remain in this state
 1247  for an additional 90 days, but not more than a total of 180
 1248  days, before the nonresident purchaser is required to pay the
 1249  tax imposed by this chapter. The department is authorized to
 1250  issue decals in advance to dealers. The number of decals issued
 1251  in advance to a dealer shall be consistent with the volume of
 1252  the dealer’s past sales of boats which qualify under this sub
 1253  subparagraph. The selling dealer or his or her agent shall mark
 1254  and affix the decals to qualifying boats in the manner
 1255  prescribed by the department, prior to delivery of the boat.
 1256         (I) The department is hereby authorized to charge dealers a
 1257  fee sufficient to recover the costs of decals issued, except the
 1258  extension decal shall cost $425.
 1259         (II) The proceeds from the sale of decals will be deposited
 1260  into the administrative trust fund.
 1261         (III) Decals shall display information to identify the boat
 1262  as a qualifying boat under this sub-subparagraph, including, but
 1263  not limited to, the decal’s date of expiration.
 1264         (IV) The department is authorized to require dealers who
 1265  purchase decals to file reports with the department and may
 1266  prescribe all necessary records by rule. All such records are
 1267  subject to inspection by the department.
 1268         (V) Any dealer or his or her agent who issues a decal
 1269  falsely, fails to affix a decal, mismarks the expiration date of
 1270  a decal, or fails to properly account for decals will be
 1271  considered prima facie to have committed a fraudulent act to
 1272  evade the tax and will be liable for payment of the tax plus a
 1273  mandatory penalty of 200 percent of the tax, and shall be liable
 1274  for fine and punishment as provided by law for a conviction of a
 1275  misdemeanor of the first degree, as provided in s. 775.082 or s.
 1276  775.083.
 1277         (VI) Any nonresident purchaser of a boat who removes a
 1278  decal prior to permanently removing the boat from the state, or
 1279  defaces, changes, modifies, or alters a decal in a manner
 1280  affecting its expiration date prior to its expiration, or who
 1281  causes or allows the same to be done by another, will be
 1282  considered prima facie to have committed a fraudulent act to
 1283  evade the tax and will be liable for payment of the tax plus a
 1284  mandatory penalty of 200 percent of the tax, and shall be liable
 1285  for fine and punishment as provided by law for a conviction of a
 1286  misdemeanor of the first degree, as provided in s. 775.082 or s.
 1287  775.083.
 1288         (VII) The department is authorized to adopt rules necessary
 1289  to administer and enforce this subparagraph and to publish the
 1290  necessary forms and instructions.
 1291         (VIII) The department is hereby authorized to adopt
 1292  emergency rules pursuant to s. 120.54(4) to administer and
 1293  enforce the provisions of this subparagraph.
 1294  
 1295  If the purchaser fails to remove the qualifying boat from this
 1296  state within the maximum 180 days after purchase or a
 1297  nonqualifying boat or an aircraft from this state within 10 days
 1298  after purchase or, when the boat or aircraft is repaired or
 1299  altered, within 20 days after completion of such repairs or
 1300  alterations, or permits the boat or aircraft to return to this
 1301  state within 6 months from the date of departure, except as
 1302  provided in s. 212.08(7)(ggg), or if the purchaser fails to
 1303  furnish the department with any of the documentation required by
 1304  this subparagraph within the prescribed time period, the
 1305  purchaser shall be liable for use tax on the cost price of the
 1306  boat or aircraft and, in addition thereto, payment of a penalty
 1307  to the Department of Revenue equal to the tax payable. This
 1308  penalty shall be in lieu of the penalty imposed by s. 212.12(2).
 1309  The maximum 180-day period following the sale of a qualifying
 1310  boat tax-exempt to a nonresident may not be tolled for any
 1311  reason.
 1312         (b) At the rate of 6 percent of the cost price of each item
 1313  or article of tangible personal property when the same is not
 1314  sold but is used, consumed, distributed, or stored for use or
 1315  consumption in this state; however, for tangible property
 1316  originally purchased exempt from tax for use exclusively for
 1317  lease and which is converted to the owner’s own use, tax may be
 1318  paid on the fair market value of the property at the time of
 1319  conversion. If the fair market value of the property cannot be
 1320  determined, use tax at the time of conversion shall be based on
 1321  the owner’s acquisition cost. Under no circumstances may the
 1322  aggregate amount of sales tax from leasing the property and use
 1323  tax due at the time of conversion be less than the total sales
 1324  tax that would have been due on the original acquisition cost
 1325  paid by the owner.
 1326         (c) At the rate of 6 percent of the gross proceeds derived
 1327  from the lease or rental of tangible personal property, as
 1328  defined herein.; however, the following special provisions apply
 1329  to the lease or rental of motor vehicles:
 1330         1. When a motor vehicle is leased or rented for a period of
 1331  less than 12 months:
 1332         a. If the motor vehicle is rented in Florida, the entire
 1333  amount of such rental is taxable, even if the vehicle is dropped
 1334  off in another state.
 1335         b. If the motor vehicle is rented in another state and
 1336  dropped off in Florida, the rental is exempt from Florida tax.
 1337         2. Except as provided in subparagraph 3., for the lease or
 1338  rental of a motor vehicle for a period of not less than 12
 1339  months, sales tax is due on the lease or rental payments if the
 1340  vehicle is registered in this state; provided, however, that no
 1341  tax shall be due if the taxpayer documents use of the motor
 1342  vehicle outside this state and tax is being paid on the lease or
 1343  rental payments in another state.
 1344         3. The tax imposed by this chapter does not apply to the
 1345  lease or rental of a commercial motor vehicle as defined in s.
 1346  316.003(66)(a) to one lessee or rentee for a period of not less
 1347  than 12 months when tax was paid on the purchase price of such
 1348  vehicle by the lessor. To the extent tax was paid with respect
 1349  to the purchase of such vehicle in another state, territory of
 1350  the United States, or the District of Columbia, the Florida tax
 1351  payable shall be reduced in accordance with the provisions of s.
 1352  212.06(7). This subparagraph shall only be available when the
 1353  lease or rental of such property is an established business or
 1354  part of an established business or the same is incidental or
 1355  germane to such business.
 1356         (d) At the rate of 6 percent of the lease or rental price
 1357  paid by a lessee or rentee, or contracted or agreed to be paid
 1358  by a lessee or rentee, to the owner of the tangible personal
 1359  property.
 1360         (e)1. At the rate of 6 percent on charges for:
 1361         a. Prepaid calling arrangements. The tax on charges for
 1362  prepaid calling arrangements shall be collected at the time of
 1363  sale and remitted by the selling dealer.
 1364         (I) “Prepaid calling arrangement” means the separately
 1365  stated retail sale by advance payment of communications services
 1366  that consist exclusively of telephone calls originated by using
 1367  an access number, authorization code, or other means that may be
 1368  manually, electronically, or otherwise entered and that are sold
 1369  in predetermined units or dollars whose number declines with use
 1370  in a known amount.
 1371         (II) The sale or recharge of the prepaid calling
 1372  arrangement is deemed to take place in accordance with s.
 1373  212.054. If the sale or recharge of the prepaid calling
 1374  arrangement does not take place at the dealer’s place of
 1375  business, it shall be deemed to take place at the customer’s
 1376  shipping address or, if no item is shipped, at the customer’s
 1377  address or the location associated with the customer’s mobile
 1378  telephone number.
 1379         (III) The sale or recharge of a prepaid calling arrangement
 1380  shall be treated as a sale of tangible personal property for
 1381  purposes of this chapter, whether or not a tangible item
 1382  evidencing such arrangement is furnished to the purchaser, and
 1383  such sale within this state subjects the selling dealer to the
 1384  jurisdiction of this state for purposes of this subsection.
 1385         b. The installation of telecommunication and telegraphic
 1386  equipment.
 1387         c. Electrical power or energy, except that the tax rate for
 1388  charges for electrical power or energy is 7 percent.
 1389         2. The provisions of s. 212.17(3), regarding credit for tax
 1390  paid on charges subsequently charged off as uncollectible on the
 1391  dealer’s books and records found to be worthless, apply shall be
 1392  equally applicable to any tax paid under the provisions of this
 1393  section on charges for prepaid calling arrangements,
 1394  telecommunication or telegraph services, or electric power
 1395  subsequently found to be uncollectible. The word “charges” in
 1396  this paragraph does not include any excise or similar tax levied
 1397  by the Federal Government, any political subdivision of the
 1398  state, or any municipality upon the purchase, sale, or recharge
 1399  of prepaid calling arrangements or upon the purchase or sale of
 1400  telecommunication, television system program, or telegraph
 1401  service or electric power, which tax is collected by the seller
 1402  from the purchaser.
 1403         (f) At the rate of 6 percent on the sale, rental, use,
 1404  consumption, or storage for use in this state of machines and
 1405  equipment, and parts and accessories therefor, used in
 1406  manufacturing, processing, compounding, producing, mining, or
 1407  quarrying personal property for sale or to be used in furnishing
 1408  communications, transportation, or public utility services.
 1409         (g)1. At the rate of 6 percent on the retail price of
 1410  newspapers and magazines sold or used in Florida.
 1411         2. Notwithstanding other provisions of this chapter,
 1412  inserts of printed materials which are distributed with a
 1413  newspaper or magazine are a component part of the newspaper or
 1414  magazine, and neither the sale nor use of such inserts is
 1415  subject to tax when:
 1416         a. Printed by a newspaper or magazine publisher or
 1417  commercial printer and distributed as a component part of a
 1418  newspaper or magazine, which means that the items after being
 1419  printed are delivered directly to a newspaper or magazine
 1420  publisher by the printer for inclusion in editions of the
 1421  distributed newspaper or magazine;
 1422         b. Such publications are labeled as part of the designated
 1423  newspaper or magazine publication into which they are to be
 1424  inserted; and
 1425         c. The purchaser of the insert presents a resale
 1426  certificate to the vendor stating that the inserts are to be
 1427  distributed as a component part of a newspaper or magazine.
 1428         (h)1. A tax is imposed at the rate of 6 4 percent on the
 1429  charges for the use of coin-operated amusement machines. The tax
 1430  shall be calculated by dividing the gross receipts from such
 1431  charges for the applicable reporting period by a divisor,
 1432  determined as provided in this subparagraph, to compute gross
 1433  taxable sales, and then subtracting gross taxable sales from
 1434  gross receipts to arrive at the amount of tax due. For counties
 1435  that do not impose a discretionary sales surtax, the divisor is
 1436  equal to 1.06 1.04; for counties that impose a 0.5 percent
 1437  discretionary sales surtax, the divisor is equal to 1.065 1.045;
 1438  for counties that impose a 1 percent discretionary sales surtax,
 1439  the divisor is equal to 1.07 1.050; and for counties that impose
 1440  a 2 percent sales surtax, the divisor is equal to 1.08 1.060. If
 1441  a county imposes a discretionary sales surtax that is not listed
 1442  in this subparagraph, the department shall make the applicable
 1443  divisor available in an electronic format or otherwise.
 1444  Additional divisors shall bear the same mathematical
 1445  relationship to the next higher and next lower divisors as the
 1446  new surtax rate bears to the next higher and next lower surtax
 1447  rates for which divisors have been established. When a machine
 1448  is activated by a slug, token, coupon, or any similar device
 1449  that which has been purchased, the tax is on the price paid by
 1450  the user of the device for such device.
 1451         2. As used in this paragraph, the term “operator” means any
 1452  person who possesses a coin-operated amusement machine for the
 1453  purpose of generating sales through that machine and who is
 1454  responsible for removing the receipts from the machine.
 1455         a. If the owner of the machine is also the operator of it,
 1456  he or she shall be liable for payment of the tax without any
 1457  deduction for rent or a license fee paid to a location owner for
 1458  the use of any real property on which the machine is located.
 1459         b. If the owner or lessee of the machine is also its
 1460  operator, he or she shall be liable for payment of the tax on
 1461  the purchase or lease of the machine, as well as the tax on
 1462  sales generated through the machine.
 1463         c. If the proprietor of the business where the machine is
 1464  located does not own the machine, he or she shall be deemed to
 1465  be the lessee and operator of the machine and is responsible for
 1466  the payment of the tax on sales, unless such responsibility is
 1467  otherwise provided for in a written agreement between him or her
 1468  and the machine owner.
 1469         3.a. An operator of a coin-operated amusement machine may
 1470  not operate or cause to be operated in this state any such
 1471  machine until the operator has registered with the department
 1472  and has conspicuously displayed an identifying certificate
 1473  issued by the department. The identifying certificate shall be
 1474  issued by the department upon application from the operator. The
 1475  identifying certificate shall include a unique number, and the
 1476  certificate shall be permanently marked with the operator’s
 1477  name, the operator’s sales tax number, and the maximum number of
 1478  machines to be operated under the certificate. An identifying
 1479  certificate shall not be transferred from one operator to
 1480  another. The identifying certificate must be conspicuously
 1481  displayed on the premises where the coin-operated amusement
 1482  machines are being operated.
 1483         b. The operator of the machine must obtain an identifying
 1484  certificate before the machine is first operated in the state
 1485  and by July 1 of each year thereafter. The annual fee for each
 1486  certificate shall be based on the number of machines identified
 1487  on the application times $30 and is due and payable upon
 1488  application for the identifying device. The application shall
 1489  contain the operator’s name, sales tax number, business address
 1490  where the machines are being operated, and the number of
 1491  machines in operation at that place of business by the operator.
 1492  No operator may operate more machines than are listed on the
 1493  certificate. A new certificate is required if more machines are
 1494  being operated at that location than are listed on the
 1495  certificate. The fee for the new certificate shall be based on
 1496  the number of additional machines identified on the application
 1497  form times $30.
 1498         c. A penalty of $250 per machine is imposed on the operator
 1499  for failing to properly obtain and display the required
 1500  identifying certificate. A penalty of $250 is imposed on the
 1501  lessee of any machine placed in a place of business without a
 1502  proper current identifying certificate. Such penalties shall
 1503  apply in addition to all other applicable taxes, interest, and
 1504  penalties.
 1505         d. Operators of coin-operated amusement machines must
 1506  obtain a separate sales and use tax certificate of registration
 1507  for each county in which such machines are located. One sales
 1508  and use tax certificate of registration is sufficient for all of
 1509  the operator’s machines within a single county.
 1510         4. The provisions of this paragraph do not apply to coin
 1511  operated amusement machines owned and operated by churches or
 1512  synagogues.
 1513         5. In addition to any other penalties imposed by this
 1514  chapter, a person who knowingly and willfully violates any
 1515  provision of this paragraph commits a misdemeanor of the second
 1516  degree, punishable as provided in s. 775.082 or s. 775.083.
 1517         6. The department may adopt rules necessary to administer
 1518  the provisions of this paragraph.
 1519         (i)1. At the rate of 6 percent on charges for all:
 1520         a. Detective, burglar protection, and other protection
 1521  services (NAICS National Numbers 561611, 561612, 561613, and
 1522  561621). Any law enforcement officer, as defined in s. 943.10,
 1523  who is performing approved duties as determined by his or her
 1524  local law enforcement agency in his or her capacity as a law
 1525  enforcement officer, and who is subject to the direct and
 1526  immediate command of his or her law enforcement agency, and in
 1527  the law enforcement officer’s uniform as authorized by his or
 1528  her law enforcement agency, is performing law enforcement and
 1529  public safety services and is not performing detective, burglar
 1530  protection, or other protective services, if the law enforcement
 1531  officer is performing his or her approved duties in a
 1532  geographical area in which the law enforcement officer has
 1533  arrest jurisdiction. Such law enforcement and public safety
 1534  services are not subject to tax irrespective of whether the duty
 1535  is characterized as “extra duty,” “off-duty,” or “secondary
 1536  employment,” and irrespective of whether the officer is paid
 1537  directly or through the officer’s agency by an outside source.
 1538  The term “law enforcement officer” includes full-time or part
 1539  time law enforcement officers, and any auxiliary law enforcement
 1540  officer, when such auxiliary law enforcement officer is working
 1541  under the direct supervision of a full-time or part-time law
 1542  enforcement officer.
 1543         b. Nonresidential cleaning, excluding cleaning of the
 1544  interiors of transportation equipment, and nonresidential
 1545  building pest control services (NAICS National Numbers 561710
 1546  and 561720).
 1547         2. As used in this paragraph, “NAICS” means those
 1548  classifications contained in the North American Industry
 1549  Classification System, as published in 2007 by the Office of
 1550  Management and Budget, Executive Office of the President.
 1551         3. Charges for detective, burglar protection, and other
 1552  protection security services performed in this state but used
 1553  outside this state are exempt from taxation. Charges for
 1554  detective, burglar protection, and other protection security
 1555  services performed outside this state and used in this state are
 1556  subject to tax.
 1557         4. If a transaction involves both the sale or use of a
 1558  service taxable under this paragraph and the sale or use of a
 1559  service or any other item not taxable under this chapter, the
 1560  consideration paid must be separately identified and stated with
 1561  respect to the taxable and exempt portions of the transaction or
 1562  the entire transaction shall be presumed taxable. The burden
 1563  shall be on the seller of the service or the purchaser of the
 1564  service, whichever applicable, to overcome this presumption by
 1565  providing documentary evidence as to which portion of the
 1566  transaction is exempt from tax. The department is authorized to
 1567  adjust the amount of consideration identified as the taxable and
 1568  exempt portions of the transaction; however, a determination
 1569  that the taxable and exempt portions are inaccurately stated and
 1570  that the adjustment is applicable must be supported by
 1571  substantial competent evidence.
 1572         5. Each seller of services subject to sales tax pursuant to
 1573  this paragraph shall maintain a monthly log showing each
 1574  transaction for which sales tax was not collected because the
 1575  services meet the requirements of subparagraph 3. for out-of
 1576  state use. The log must identify the purchaser’s name, location
 1577  and mailing address, and federal employer identification number,
 1578  if a business, or the social security number, if an individual,
 1579  the service sold, the price of the service, the date of sale,
 1580  the reason for the exemption, and the sales invoice number. The
 1581  monthly log shall be maintained pursuant to the same
 1582  requirements and subject to the same penalties imposed for the
 1583  keeping of similar records pursuant to this chapter.
 1584         (j)1. Notwithstanding any other provision of this chapter,
 1585  there is hereby levied a tax on the sale, use, consumption, or
 1586  storage for use in this state of any coin or currency, whether
 1587  in circulation or not, when such coin or currency:
 1588         a. Is not legal tender;
 1589         b. If legal tender, is sold, exchanged, or traded at a rate
 1590  in excess of its face value; or
 1591         c. Is sold, exchanged, or traded at a rate based on its
 1592  precious metal content.
 1593         2. Such tax shall be at a rate of 6 percent of the price at
 1594  which the coin or currency is sold, exchanged, or traded, except
 1595  that, with respect to a coin or currency that which is legal
 1596  tender of the United States and that which is sold, exchanged,
 1597  or traded, such tax shall not be levied.
 1598         3. There are exempt from this tax Exchanges of coins or
 1599  currency that which are in general circulation in, and legal
 1600  tender of, one nation for coins or currency that which are in
 1601  general circulation in, and legal tender of, another nation when
 1602  exchanged solely for use as legal tender and at an exchange rate
 1603  based on the relative value of each as a medium of exchange are
 1604  exempt from this tax.
 1605         4. With respect to any transaction that involves the sale
 1606  of coins or currency taxable under this paragraph in which the
 1607  taxable amount represented by the sale of such coins or currency
 1608  exceeds $500, the entire amount represented by the sale of such
 1609  coins or currency is exempt from the tax imposed under this
 1610  paragraph. The dealer must maintain proper documentation, as
 1611  prescribed by rule of the department, to identify that portion
 1612  of a transaction which involves the sale of coins or currency
 1613  and is exempt under this subparagraph.
 1614         (k) At the rate of 6 percent of the sales price of each
 1615  gallon of diesel fuel not taxed under chapter 206 purchased for
 1616  use in a vessel.
 1617         (l) Florists located in this state are liable for sales tax
 1618  on sales to retail customers regardless of where or by whom the
 1619  items sold are to be delivered. Florists located in this state
 1620  are not liable for sales tax on payments received from other
 1621  florists for items delivered to customers in this state.
 1622         (m) Operators of game concessions or other concessionaires
 1623  who customarily award tangible personal property as prizes may,
 1624  in lieu of paying tax on the cost price of such property, pay
 1625  tax on 25 percent of the gross receipts from such concession
 1626  activity.
 1627         (2) The tax shall be collected by the dealer, as defined
 1628  herein, and remitted by the dealer to the state at the time and
 1629  in the manner as hereinafter provided.
 1630         (3) The tax so levied is in addition to all other taxes,
 1631  whether levied in the form of excise, license, or privilege
 1632  taxes, and in addition to all other fees and taxes levied.
 1633         (4) The tax imposed pursuant to this chapter shall be due
 1634  and payable according to the brackets set forth in s. 212.12.
 1635         (4)(5) Notwithstanding any other provision of this chapter,
 1636  the maximum amount of tax imposed under this chapter and
 1637  collected on each sale or use of a boat in this state may not
 1638  exceed $18,000.
 1639         Section 8. Subsections (6), (7), (8), (9), (10), and (11)
 1640  of section 212.0506, Florida Statutes, are amended to read:
 1641         212.0506 Taxation of service warranties.—
 1642         (6)This tax shall be due and payable according to the
 1643  brackets set forth in s. 212.12.
 1644         (6)(7) This tax shall not apply to any portion of the
 1645  consideration received by any person in connection with the
 1646  issuance of any service warranty contract upon which such person
 1647  is required to pay any premium tax imposed under the Florida
 1648  Insurance Code or under s. 634.313(1).
 1649         (7)(8) If a transaction involves both the issuance of a
 1650  service warranty that is subject to such tax and the issuance of
 1651  a warranty, guaranty, extended warranty or extended guaranty,
 1652  contract, agreement, or other written promise that is not
 1653  subject to such tax, the consideration shall be separately
 1654  identified and stated with respect to the taxable and nontaxable
 1655  portions of the transaction. If the consideration is separately
 1656  apportioned and identified in good faith, such tax shall apply
 1657  to the transaction to the extent that the consideration received
 1658  or to be received in connection with the transaction is payment
 1659  for a service warranty subject to such tax. If the consideration
 1660  is not apportioned in good faith, the department may reform the
 1661  contract; such reformation by the department is to be considered
 1662  prima facie correct, and the burden to show the contrary rests
 1663  upon the dealer. If the consideration for such a transaction is
 1664  not separately identified and stated, the entire transaction is
 1665  taxable.
 1666         (8)(9) Any claim that which arises under a service warranty
 1667  taxable under this section, which claim is paid directly by the
 1668  person issuing such warranty, is not subject to any tax imposed
 1669  under this chapter.
 1670         (9)(10) Materials and supplies used in the performance of a
 1671  factory or manufacturer’s warranty are exempt if the contract is
 1672  furnished at no extra charge with the equipment guaranteed
 1673  thereunder and such materials and supplies are paid for by the
 1674  factory or manufacturer.
 1675         (10)(11) Any duties imposed by this chapter upon dealers of
 1676  tangible personal property with respect to collecting and
 1677  remitting taxes; making returns; keeping books, records, and
 1678  accounts; and complying with the rules and regulations of the
 1679  department apply to all dealers as defined in s. 212.06(2)(l).
 1680         Section 9. Section 212.054, Florida Statutes, is amended to
 1681  read:
 1682         212.054 Discretionary sales surtax; limitations,
 1683  administration, and collection.—
 1684         (1) A No general excise tax on sales may not shall be
 1685  levied by the governing body of any county unless specifically
 1686  authorized in s. 212.055. Any general excise tax on sales
 1687  authorized pursuant to said section shall be administered and
 1688  collected exclusively as provided in this section.
 1689         (2)(a) The tax imposed by the governing body of any county
 1690  authorized to so levy pursuant to s. 212.055 shall be a
 1691  discretionary surtax on all transactions occurring in the county
 1692  which transactions are subject to the state tax imposed on
 1693  sales, use, services, rentals, admissions, and other
 1694  transactions by this chapter and communications services as
 1695  defined for purposes of chapter 202. The surtax, if levied,
 1696  shall be computed as the applicable rate or rates authorized
 1697  pursuant to s. 212.055 times the amount of taxable sales and
 1698  taxable purchases representing such transactions. If the surtax
 1699  is levied on the sale of an item of tangible personal property
 1700  or on the sale of a service, the surtax shall be computed by
 1701  multiplying the rate imposed by the county within which the sale
 1702  occurs by the amount of the taxable sale. The sale of an item of
 1703  tangible personal property or the sale of a service is not
 1704  subject to the surtax if the property, the service, or the
 1705  tangible personal property representing the service is delivered
 1706  within a county that does not impose a discretionary sales
 1707  surtax.
 1708         (b) However:
 1709         1. The sales amount above $5,000 on a motor vehicle,
 1710  aircraft, boat, manufactured home, modular home, or mobile home
 1711  is any item of tangible personal property shall not be subject
 1712  to the surtax. However, charges for prepaid calling
 1713  arrangements, as defined in s. 212.05(1)(e)1.a., shall be
 1714  subject to the surtax. For purposes of administering the $5,000
 1715  limitation on an item of tangible personal property, if two or
 1716  more taxable items of tangible personal property are sold to the
 1717  same purchaser at the same time and, under generally accepted
 1718  business practice or industry standards or usage, are normally
 1719  sold in bulk or are items that, when assembled, comprise a
 1720  working unit or part of a working unit, such items must be
 1721  considered a single item for purposes of the $5,000 limitation
 1722  when supported by a charge ticket, sales slip, invoice, or other
 1723  tangible evidence of a single sale or rental.
 1724         2. In the case of utility services covering a period
 1725  starting before and ending after the effective date of the
 1726  surtax, the rate applies as follows:
 1727         a.In the case of a rate adoption or increase, the new rate
 1728  applies to the first billing period starting on or after the
 1729  effective date of the surtax adoption or increase.
 1730         b.In the case of a rate decrease or termination, the new
 1731  rate applies to bills rendered on or after the effective date of
 1732  the rate change billed on or after the effective date of any
 1733  such surtax, the entire amount of the charge for utility
 1734  services shall be subject to the surtax. In the case of utility
 1735  services billed after the last day the surtax is in effect, the
 1736  entire amount of the charge on said items shall not be subject
 1737  to the surtax. “Utility service,” as used in this section, does
 1738  not include any communications services as defined in chapter
 1739  202.
 1740         3. In the case of written contracts that which are signed
 1741  prior to the effective date of any such surtax for the
 1742  construction of improvements to real property or for remodeling
 1743  of existing structures, the surtax shall be paid by the
 1744  contractor responsible for the performance of the contract.
 1745  However, the contractor may apply for one refund of any such
 1746  surtax paid on materials necessary for the completion of the
 1747  contract. Any application for refund shall be made no later than
 1748  15 months following initial imposition of the surtax in that
 1749  county. The application for refund shall be in the manner
 1750  prescribed by the department by rule. A complete application
 1751  shall include proof of the written contract and of payment of
 1752  the surtax. The application shall contain a sworn statement,
 1753  signed by the applicant or its representative, attesting to the
 1754  validity of the application. The department shall, within 30
 1755  days after approval of a complete application, certify to the
 1756  county information necessary for issuance of a refund to the
 1757  applicant. Counties are hereby authorized to issue refunds for
 1758  this purpose and shall set aside from the proceeds of the surtax
 1759  a sum sufficient to pay any refund lawfully due. Any person who
 1760  fraudulently obtains or attempts to obtain a refund pursuant to
 1761  this subparagraph, in addition to being liable for repayment of
 1762  any refund fraudulently obtained plus a mandatory penalty of 100
 1763  percent of the refund, is guilty of a felony of the third
 1764  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1765  775.084.
 1766         4. In the case of any vessel, railroad, or motor vehicle
 1767  common carrier entitled to partial exemption from tax imposed
 1768  under this chapter pursuant to s. 212.08(4), (8), or (9), the
 1769  basis for imposition of surtax shall be the same as provided in
 1770  s. 212.08 and the ratio shall be applied each month to total
 1771  purchases in this state of property qualified for proration
 1772  which is delivered or sold in the taxing county to establish the
 1773  portion used and consumed in intracounty movement and subject to
 1774  surtax.
 1775         (3) For the purpose of this section, a transaction shall be
 1776  deemed to have occurred in a county imposing the surtax as
 1777  follows when:
 1778         (a)1.Except as otherwise provided in this section, a
 1779  retail sale subject to tax under this section, excluding a lease
 1780  or rental, shall be deemed to take place:
 1781         a.At the business location of the dealer, if the product
 1782  is received by the purchaser at that business location;
 1783         b.At the location where the product is received by the
 1784  purchaser or the purchaser’s designated agent, including the
 1785  location indicated by instructions for delivery to the purchaser
 1786  or agent, known to the dealer, if the product is not received by
 1787  the purchaser or designated agent at a business location of the
 1788  dealer;
 1789         c.If sub-subparagraphs a. and b. do not apply, at the
 1790  location identified as the address for the purchaser in the
 1791  business records maintained by the dealer in the ordinary course
 1792  of the dealer’s business, if use of this address does not
 1793  constitute bad faith;
 1794         d.If sub-subparagraphs a., b., and c. do not apply, at the
 1795  location indicated by an address for the purchaser obtained
 1796  during the consummation of the sale, including the address on
 1797  the purchaser’s payment instrument, if no other address is
 1798  available, if use of this address does not constitute bad faith;
 1799  or
 1800         e.If sub-subparagraphs a., b., c., and d. do not apply,
 1801  including instances in which the dealer does not have sufficient
 1802  information to apply the previous paragraphs, the address from
 1803  which tangible personal property was shipped, from which the
 1804  digital good or the computer software delivered electronically
 1805  was first available for transmission by the dealer, or from
 1806  which the service was provided, disregarding any location that
 1807  merely provided the digital transfer of the product sold.
 1808         2. As used in this paragraph, the terms “receive” and
 1809  “receipt” mean:
 1810         a. Taking possession of tangible personal property;
 1811         b. Making first use of the services; or
 1812         c. Taking possession or making first use of digital goods,
 1813  whichever occurs first.
 1814  
 1815  The terms “receive” and “receipt” do not include possession by a
 1816  shipping company on behalf of a purchaser.
 1817         3. As used in this paragraph, the term “delivered
 1818  electronically” means delivered to the purchaser by means other
 1819  than tangible storage media.
 1820         (b)The lease or rental of tangible personal property,
 1821  other than property identified in paragraphs (c) and (d), shall
 1822  be deemed to have occurred as follows:
 1823         1.For a lease or rental that requires recurring periodic
 1824  payments, the first periodic payment is deemed to take place in
 1825  accordance with paragraph (a), notwithstanding the exclusion of
 1826  a lease or rental in paragraph (a). Subsequent periodic payments
 1827  are deemed to have occurred at the primary property location for
 1828  each period covered by the payment. The primary property
 1829  location is determined by an address for the property provided
 1830  by the lessee which is available to the lessor from its records
 1831  maintained in the ordinary course of business, if use of this
 1832  address does not constitute bad faith. The property location is
 1833  not altered by intermittent use of the property at different
 1834  locations, such as use of business property that accompanies
 1835  employees on business trips and service calls.
 1836         2.For a lease or rental that does not require recurring
 1837  periodic payments, the payment is deemed to take place in
 1838  accordance with paragraph (a), notwithstanding the exclusion of
 1839  a lease or rental in paragraph (a).
 1840         3.This paragraph does not affect the imposition or
 1841  computation of sales or use tax on leases or rentals based on a
 1842  lump sum or accelerated basis or on the acquisition of property
 1843  for lease.
 1844         (c)The lease or rental of a motor vehicle or aircraft that
 1845  does not qualify as transportation equipment, as defined in
 1846  paragraph (d), shall be sourced as follows:
 1847         1.For a lease or rental that requires recurring periodic
 1848  payments, each periodic payment is deemed to take place at the
 1849  primary property location. The primary property location shall
 1850  be determined by an address for the property provided by the
 1851  lessee which is available to the lessor from its records
 1852  maintained in the ordinary course of business, if use of this
 1853  address does not constitute bad faith. This location is not
 1854  altered by intermittent use at different locations.
 1855         2.For a lease or rental that does not require recurring
 1856  periodic payments, the payment is deemed to take place in
 1857  accordance with paragraph (a), notwithstanding the exclusion of
 1858  a lease or rental in paragraph (a).
 1859         3.This paragraph does not affect the imposition or
 1860  computation of sales or use tax on leases or rentals based on a
 1861  lump sum or accelerated basis or on the acquisition of property
 1862  for lease.
 1863         (d)The retail sale, including a lease or rental, of
 1864  transportation equipment shall be deemed to take place in
 1865  accordance with paragraph (a), notwithstanding the exclusion of
 1866  a lease or rental in paragraph (a). The term “transportation
 1867  equipment” means:
 1868         1.Locomotives and rail cars that are used for the carriage
 1869  of persons or property in interstate commerce;
 1870         2.Trucks and truck tractors with a Gross Vehicle Weight
 1871  Rating (GVWR) of 10,001 pounds or greater, trailers,
 1872  semitrailers, or passenger buses that are registered through the
 1873  International Registration Plan and operated under authority of
 1874  a carrier authorized and certificated by the United States
 1875  Department of Transportation or another federal authority to
 1876  engage in the carriage of persons or property in interstate
 1877  commerce;
 1878         3.Aircraft that are operated by air carriers authorized
 1879  and certificated by the United States Department of
 1880  Transportation or another federal or a foreign authority to
 1881  engage in the carriage of persons or property in interstate or
 1882  foreign commerce; or
 1883         4.Containers designed for use on and component parts
 1884  attached or secured on the items set forth in subparagraphs 1.
 1885  3.
 1886         (e)(a)1. The retail sale of a modular or manufactured home,
 1887  not including a mobile home, occurs in the county to which the
 1888  house is delivered includes an item of tangible personal
 1889  property, a service, or tangible personal property representing
 1890  a service, and the item of tangible personal property, the
 1891  service, or the tangible personal property representing the
 1892  service is delivered within the county. If there is no
 1893  reasonable evidence of delivery of a service, the sale of a
 1894  service is deemed to occur in the county in which the purchaser
 1895  accepts the bill of sale.
 1896         (f)2. The retail sale, excluding a lease or rental, of any
 1897  motor vehicle that does not qualify as transportation equipment,
 1898  as defined in paragraph (d), or the retail sale of a of any
 1899  motor vehicle or mobile home of a class or type that which is
 1900  required to be registered in this state or in any other state is
 1901  shall be deemed to occur have occurred only in the county
 1902  identified from as the residence address of the purchaser on the
 1903  registration or title document for the such property.
 1904         (g)(b)Admission charged for an event occurs The event for
 1905  which an admission is charged is located in the county in which
 1906  the event is held.
 1907         (h)(c)A lease or rental of real property occurs in the
 1908  county in which the real property is located. The consumer of
 1909  utility services is located in the county.
 1910         (i)(d)1. The retail sale, excluding a lease or rental, of
 1911  any aircraft that does not qualify as transportation equipment,
 1912  as defined in paragraph (d), or of any boat of a class or type
 1913  that is required to be registered, licensed, titled, or
 1914  documented in this state or by the United States Government
 1915  occurs in the county to which the aircraft or boat is delivered.
 1916         2. The user of any aircraft or boat of a class or type that
 1917  which is required to be registered, licensed, titled, or
 1918  documented in this state or by the United States Government
 1919  imported into the county for use, consumption, distribution, or
 1920  storage to be used or consumed occurs in the county in which the
 1921  user is located in the county.
 1922         3.2. However, it shall be presumed that such items used
 1923  outside the county imposing the surtax for 6 months or longer
 1924  before being imported into the county were not purchased for use
 1925  in the county, except as provided in s. 212.06(8)(b).
 1926         4.3. This paragraph does not apply to the use or
 1927  consumption of items upon which a like tax of equal or greater
 1928  amount has been lawfully imposed and paid outside the county.
 1929         (j)(e) The purchase purchaser of any motor vehicle or
 1930  mobile home of a class or type that which is required to be
 1931  registered in this state occurs in the county identified from
 1932  the residential address of the purchaser is a resident of the
 1933  taxing county as determined by the address appearing on or to be
 1934  reflected on the registration document for the such property.
 1935         (k)(f)1. The use, consumption, distribution, or storage of
 1936  a Any motor vehicle or mobile home of a class or type that which
 1937  is required to be registered in this state and that is imported
 1938  from another state occurs in the county to which it is imported
 1939  into the taxing county by a user residing therein for the
 1940  purpose of use, consumption, distribution, or storage in the
 1941  taxing county.
 1942         2. However, it shall be presumed that such items used
 1943  outside the taxing county for 6 months or longer before being
 1944  imported into the county were not purchased for use in the
 1945  county.
 1946         (g)The real property which is leased or rented is located
 1947  in the county.
 1948         (l)(h)A The transient rental transaction occurs in the
 1949  county in which the rental property is located.
 1950         (i)The delivery of any aircraft or boat of a class or type
 1951  which is required to be registered, licensed, titled, or
 1952  documented in this state or by the United States Government is
 1953  to a location in the county. However, this paragraph does not
 1954  apply to the use or consumption of items upon which a like tax
 1955  of equal or greater amount has been lawfully imposed and paid
 1956  outside the county.
 1957         (m)(j)A transaction occurs in a county imposing the surtax
 1958  if the dealer owing a use tax on purchases or leases is located
 1959  in that the county.
 1960         (k)The delivery of tangible personal property other than
 1961  that described in paragraph (d), paragraph (e), or paragraph (f)
 1962  is made to a location outside the county, but the property is
 1963  brought into the county within 6 months after delivery, in which
 1964  event, the owner must pay the surtax as a use tax.
 1965         (n)(l) The coin-operated amusement or vending machine is
 1966  located in the county.
 1967         (o)(m)An The florist taking the original order to sell
 1968  tangible personal property taken by a florist occurs is located
 1969  in the county in which the florist taking the order is located,
 1970  notwithstanding any other provision of this section.
 1971         (4)(a) The department shall administer, collect, and
 1972  enforce the tax authorized under s. 212.055 pursuant to the same
 1973  procedures used in the administration, collection, and
 1974  enforcement of the general state sales tax imposed under the
 1975  provisions of this chapter, except as provided in this section.
 1976  The provisions of this chapter regarding interest and penalties
 1977  on delinquent taxes shall apply to the surtax. Discretionary
 1978  sales surtaxes shall not be included in the computation of
 1979  estimated taxes pursuant to s. 212.11. Notwithstanding any other
 1980  provision of law, a dealer need not separately state the amount
 1981  of the surtax on the charge ticket, sales slip, invoice, or
 1982  other tangible evidence of sale. For the purposes of this
 1983  section and s. 212.055, the “proceeds” of any surtax means all
 1984  funds collected and received by the department pursuant to a
 1985  specific authorization and levy under s. 212.055, including any
 1986  interest and penalties on delinquent surtaxes.
 1987         (b) The proceeds of a discretionary sales surtax collected
 1988  by the selling dealer located in a county imposing the surtax
 1989  shall be returned, less the cost of administration, to the
 1990  county where the selling dealer is located. The proceeds shall
 1991  be transferred to the Discretionary Sales Surtax Clearing Trust
 1992  Fund. A separate account shall be established in the trust fund
 1993  for each county imposing a discretionary surtax. The amount
 1994  deducted for the costs of administration may not exceed 3
 1995  percent of the total revenue generated for all counties levying
 1996  a surtax authorized in s. 212.055. The amount deducted for the
 1997  costs of administration may be used only for costs that are
 1998  solely and directly attributable to the surtax. The total cost
 1999  of administration shall be prorated among those counties levying
 2000  the surtax on the basis of the amount collected for a particular
 2001  county to the total amount collected for all counties. The
 2002  department shall distribute the moneys in the trust fund to the
 2003  appropriate counties each month, unless otherwise provided in s.
 2004  212.055.
 2005         (c)1. Any dealer located in a county that does not impose a
 2006  discretionary sales surtax but who collects the surtax due to
 2007  sales of tangible personal property or services delivered
 2008  outside the county shall remit monthly the proceeds of the
 2009  surtax to the department to be deposited into an account in the
 2010  Discretionary Sales Surtax Clearing Trust Fund which is separate
 2011  from the county surtax collection accounts. The department shall
 2012  distribute funds in this account using a distribution factor
 2013  determined for each county that levies a surtax and multiplied
 2014  by the amount of funds in the account and available for
 2015  distribution. The distribution factor for each county equals the
 2016  product of:
 2017         a. The county’s latest official population determined
 2018  pursuant to s. 186.901;
 2019         b. The county’s rate of surtax; and
 2020         c. The number of months the county has levied a surtax
 2021  during the most recent distribution period;
 2022  
 2023  divided by the sum of all such products of the counties levying
 2024  the surtax during the most recent distribution period.
 2025         2. The department shall compute distribution factors for
 2026  eligible counties once each quarter and make appropriate
 2027  quarterly distributions.
 2028         3. A county that fails to timely provide the information
 2029  required by this section to the department authorizes the
 2030  department, by such action, to use the best information
 2031  available to it in distributing surtax revenues to the county.
 2032  If this information is unavailable to the department, the
 2033  department may partially or entirely disqualify the county from
 2034  receiving surtax revenues under this paragraph. A county that
 2035  fails to provide timely information waives its right to
 2036  challenge the department’s determination of the county’s share,
 2037  if any, of revenues provided under this paragraph.
 2038         (5)No discretionary sales surtax or increase or decrease
 2039  in the rate of any discretionary sales surtax shall take effect
 2040  on a date other than January 1. No discretionary sales surtax
 2041  shall terminate on a day other than December 31.
 2042         (5)(6) The governing body of any county levying a
 2043  discretionary sales surtax shall enact an ordinance levying the
 2044  surtax in accordance with the procedures described in s.
 2045  125.66(2).
 2046         (6)(7)(a) Any adoption, repeal, or rate change of the
 2047  surtax by the governing body of any county levying a
 2048  discretionary sales surtax or the school board of any county
 2049  levying the school capital outlay surtax authorized by s.
 2050  212.055(6) is effective on April 1. A county or school board
 2051  adopting, repealing, or changing the rate of such surtax shall
 2052  notify the department within 10 days after final adoption by
 2053  ordinance or referendum of an adoption, repeal, imposition,
 2054  termination, or rate change of the surtax, but no later than
 2055  October 20 immediately preceding the April 1 November 16 prior
 2056  to the effective date. The notice must specify the time period
 2057  during which the surtax will be in effect and the rate and must
 2058  include a copy of the ordinance and such other information as
 2059  the department requires by rule. Failure to timely provide such
 2060  notification to the department shall result in the delay of the
 2061  effective date for a period of 1 year.
 2062         (b) In addition to the notification required by paragraph
 2063  (a), the governing body of any county proposing to levy a
 2064  discretionary sales surtax or the school board of any county
 2065  proposing to levy the school capital outlay surtax authorized by
 2066  s. 212.055(6) shall notify the department by October 1 if the
 2067  referendum or consideration of the ordinance that would result
 2068  in imposition, termination, or rate change of the surtax is
 2069  scheduled to occur on or after October 1 of that year. Failure
 2070  to timely provide such notification to the department shall
 2071  result in the delay of the effective date for a period of 1
 2072  year.
 2073         (c)The department shall provide notice of the adoption,
 2074  repeal, or rate change of the surtax to affected dealers by
 2075  February 1 immediately preceding the April 1 effective date.
 2076         (d)Notwithstanding the date set in an ordinance for the
 2077  termination of a surtax, a surtax terminates only on March 31. A
 2078  surtax imposed before January 1, 2012, for which an ordinance
 2079  provides a different termination date, also terminates on the
 2080  March 31 following the termination date established in the
 2081  ordinance.
 2082         (7)(8) With respect to any motor vehicle or mobile home of
 2083  a class or type that which is required to be registered in this
 2084  state, the tax due on a transaction occurring in the taxing
 2085  county as herein provided shall be collected from the purchaser
 2086  or user incident to the titling and registration of such
 2087  property, irrespective of whether such titling or registration
 2088  occurs in the taxing county.
 2089         (8)The department may certify vendor databases and
 2090  purchase, or otherwise make available, a database, or databases,
 2091  singly or in combination, which describe boundaries and boundary
 2092  changes for all taxing jurisdictions, including a description
 2093  and the effective date of a boundary change; provide all sales
 2094  and use tax rates by jurisdiction; if the area includes more
 2095  than one tax rate in any level of taxing jurisdiction, assign to
 2096  each five-digit and nine-digit zip code the proper rate and
 2097  jurisdiction and apply the lowest combined rate imposed in the
 2098  zip code area; and may include address-based boundary database
 2099  records for assigning taxing jurisdictions and associated tax
 2100  rates.
 2101         (a)A dealer or certified service provider that collects
 2102  and remits the state tax and any local tax imposed by this
 2103  chapter shall be held harmless from any tax, interest, and
 2104  penalties due solely as a result of relying on erroneous data on
 2105  tax rates, boundaries, or taxing jurisdiction assignments
 2106  provided by the state if the dealer or certified service
 2107  provider exercises due diligence in applying one or more of the
 2108  following methods to determine the taxing jurisdiction and tax
 2109  rate for a transaction:
 2110         1.Employing an electronic database provided by the
 2111  department under this subsection; or
 2112         2.Employing a state-certified database.
 2113         (b)If a dealer or certified service provider is unable to
 2114  determine the applicable rate and jurisdiction using an address
 2115  based database record after exercising due diligence, the dealer
 2116  or certified service provider may apply the nine-digit zip code
 2117  designation applicable to a purchaser.
 2118         (c)If a nine-digit zip code designation is not available
 2119  for a street address or if a dealer or certified service
 2120  provider is unable to determine the nine-digit zip code
 2121  designation applicable to a purchase after exercising due
 2122  diligence to determine the designation, the dealer or certified
 2123  service provider may apply the rate for the five-digit zip code
 2124  area.
 2125         (d)There is a rebuttable presumption that a dealer or
 2126  certified service provider has exercised due diligence if the
 2127  dealer or certified service provider has attempted to determine
 2128  the tax rate and jurisdiction by using state-certified software
 2129  that makes this assignment from the address and zip code
 2130  information applicable to the purchase.
 2131         (e)There is a rebuttable presumption that a dealer or
 2132  certified service provider has exercised due diligence if the
 2133  dealer has attempted to determine the nine-digit zip code
 2134  designation by using state-certified software that makes this
 2135  designation from the street address and the five-digit zip code
 2136  applicable to a purchase.
 2137         (f)If a dealer or certified service provider does not use
 2138  one of the methods specified in paragraph (a), the dealer or
 2139  certified service provider may be held liable to the department
 2140  for tax, interest, and penalties that are due for charging and
 2141  collecting the incorrect amount of tax.
 2142         (9)A purchaser shall be held harmless from tax, interest,
 2143  and penalties for failing to pay the correct amount of sales or
 2144  use tax due solely as a result of any of the following
 2145  circumstances:
 2146         (a)The dealer or certified service provider relied on
 2147  erroneous data on tax rates, boundaries, or taxing jurisdiction
 2148  assignments provided by the department;
 2149         (b)A purchaser holding a direct-pay permit relied on
 2150  erroneous data on tax rates, boundaries, or taxing jurisdiction
 2151  assignments provided by the department; or
 2152         (c)A purchaser relied on erroneous data supplied in a
 2153  database described in paragraph (a).
 2154         (10)A dealer is not liable for failing to collect tax at
 2155  the new tax rate if:
 2156         (a)The new rate takes effect within 30 days after the new
 2157  rate is enacted;
 2158         (b)The dealer collected the tax at the preceding rate;
 2159         (c)The dealer’s failure to collect the tax at the new rate
 2160  does not extend beyond 30 days after the enactment of the new
 2161  rate; and
 2162         (d)The dealer did not fraudulently fail to collect at the
 2163  new rate or solicit purchasers based on the preceding rate.
 2164         Section 10. Paragraphs (i) and (j) of subsection (8) of
 2165  section 212.055, Florida Statutes, are amended to read:
 2166         212.055 Discretionary sales surtaxes; legislative intent;
 2167  authorization and use of proceeds.—It is the legislative intent
 2168  that any authorization for imposition of a discretionary sales
 2169  surtax shall be published in the Florida Statutes as a
 2170  subsection of this section, irrespective of the duration of the
 2171  levy. Each enactment shall specify the types of counties
 2172  authorized to levy; the rate or rates which may be imposed; the
 2173  maximum length of time the surtax may be imposed, if any; the
 2174  procedure which must be followed to secure voter approval, if
 2175  required; the purpose for which the proceeds may be expended;
 2176  and such other requirements as the Legislature may provide.
 2177  Taxable transactions and administrative procedures shall be as
 2178  provided in s. 212.054.
 2179         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
 2180         (i) Surtax collections shall be initiated on January 1 of
 2181  the year following a successful referendum in order to coincide
 2182  with s. 212.054(5).
 2183         (i)(j) Notwithstanding s. 212.054, if a multicounty
 2184  independent special district created pursuant to chapter 67-764,
 2185  Laws of Florida, levies ad valorem taxes on district property to
 2186  fund emergency fire rescue services within the district and is
 2187  required by s. 2, Art. VII of the State Constitution to maintain
 2188  a uniform ad valorem tax rate throughout the district, the
 2189  county may not levy the discretionary sales surtax authorized by
 2190  this subsection within the boundaries of the district.
 2191         Section 11. Paragraph (c) of subsection (2) and subsections
 2192  (3) and (5) of section 212.06, Florida Statutes, are amended to
 2193  read:
 2194         212.06 Sales, storage, use tax; collectible from dealers;
 2195  “dealer” defined; dealers to collect from purchasers;
 2196  legislative intent as to scope of tax.—
 2197         (2)
 2198         (c) The term “dealer” is further defined to mean every
 2199  person, as used in this chapter, who sells at retail or who
 2200  offers for sale at retail, or who has in his or her possession
 2201  for sale at retail; or for use, consumption, or distribution; or
 2202  for storage to be used or consumed in this state, tangible
 2203  personal property as defined herein, including a retailer who
 2204  transacts a mail order sale.
 2205         (3)(a) Except as provided in paragraph (b), every dealer
 2206  making sales, whether within or outside the state, of tangible
 2207  personal property for distribution, storage, or use or other
 2208  consumption, in this state, shall, at the time of making sales,
 2209  collect the tax imposed by this chapter from the purchaser.
 2210         (b)1. The following provisions apply to sales of
 2211  advertising and promotional direct mail:
 2212         a.A purchaser of advertising and promotional direct mail
 2213  may provide the seller with:
 2214         (I) A direct pay permit;
 2215         (II) A certificate of exemption claiming direct mail; or
 2216         (III) Information showing the jurisdictions to which the
 2217  advertising and promotional direct mail is to be delivered to
 2218  recipients.
 2219         b.If the purchaser provides the permit or certificate
 2220  referred to in sub-sub-subparagraph a.(I) or sub-sub
 2221  subparagraph a.(II), the seller, in the absence of bad faith, is
 2222  relieved of all obligations to collect, pay, or remit any tax on
 2223  any transaction involving advertising and promotional direct
 2224  mail to which the permit, certificate, or statement applies. The
 2225  purchaser shall source the sale to the jurisdictions to which
 2226  the advertising and promotional direct mail is to be delivered
 2227  to the recipients and shall report and pay any applicable tax
 2228  due.
 2229         c.If the purchaser provides the seller information showing
 2230  the jurisdictions to which the advertising and promotional
 2231  direct mail is to be delivered to recipients, the seller shall
 2232  source the sale to the jurisdictions to which the advertising
 2233  and promotional direct mail is to be delivered and shall collect
 2234  and remit the applicable tax. In the absence of bad faith, the
 2235  seller is relieved of any further obligation to collect any
 2236  additional tax on the sale of advertising and promotional direct
 2237  mail if the seller has sourced the sale according to the
 2238  delivery information provided by the purchaser.
 2239         d.If the purchaser does not provide the seller with any of
 2240  the items listed in sub-subparagraph a., the sale shall be
 2241  sourced to the address from which the advertising and
 2242  promotional direct mail was shipped. The state to which the
 2243  advertising and promotional direct mail is delivered may
 2244  disallow credit for tax paid on sales sourced pursuant to this
 2245  subparagraph.
 2246         2. The following provisions apply to sales of other direct
 2247  mail.
 2248         a.Except as otherwise provided in this subparagraph, sales
 2249  of other direct mail are sourced to the location indicated by an
 2250  address for the purchaser which is available from the business
 2251  records of the seller which are maintained in the ordinary
 2252  course of the seller’s business if use of this address does not
 2253  constitute bad faith.
 2254         b.A purchaser of other direct mail may provide the seller
 2255  with:
 2256         (I) A direct pay permit; or
 2257         (II) A certificate of exemption claiming direct mail.
 2258         c.If the purchaser provides the permit or certificate
 2259  referred to in sub-sub-subparagraph b.(I) or sub-sub
 2260  subparagraph b.(II), the seller, in the absence of bad faith, is
 2261  relieved of all obligations to collect, pay, or remit any tax on
 2262  any transaction involving other direct mail to which the permit,
 2263  certificate, or statement applies. Notwithstanding sub
 2264  subparagraph a., the sale shall be sourced to the jurisdictions
 2265  to which the other direct mail is to be delivered to the
 2266  recipients and the purchaser shall report and pay applicable tax
 2267  due.
 2268         3.As used in this paragraph, the term:
 2269         a.“Advertising and promotional direct mail” means printed
 2270  material that meets the definition of direct mail in s. 212.02
 2271  and has the primary purpose of attracting public attention to a
 2272  product, person, business, or organization, or to attempt to
 2273  sell, popularize, or secure financial support for a product,
 2274  person, business, or organization. As used in this sub
 2275  subparagraph, the word “product” means tangible personal
 2276  property, a product transferred electronically, or a service.
 2277         b.“Other direct mail” means any direct mail that is not
 2278  advertising and promotional direct mail, regardless of whether
 2279  advertising and promotional direct mail is included in the same
 2280  mailing. The term includes, but is not limited to:
 2281         (I) Transactional direct mail that contains personal
 2282  information specific to the addressee, including, but not
 2283  limited to, invoices, bills, statements of account, and payroll
 2284  advices;
 2285         (II)Any legally required mailings, including, but not
 2286  limited to, privacy notices, tax reports, and stockholder
 2287  reports; or
 2288         (III) Other nonpromotional direct mail delivered to
 2289  existing or former shareholders, customers, employees, or agents
 2290  including, but not limited to, newsletters and informational
 2291  pieces.
 2292  
 2293  The term “other direct mail” does not include the development of
 2294  billing information or the provision of any nonincidental data
 2295  processing service.
 2296         4.a.(I) This subsection applies to a sale of services only
 2297  if the service is an integral part of the production and
 2298  distribution of printed material that meets the definition of
 2299  direct mail.
 2300         (II) This subsection does not apply to any transaction that
 2301  includes the development of billing information or the provision
 2302  of any data processing service that is more than incidental
 2303  regardless of whether advertising and promotional direct mail is
 2304  included in the same mailing.
 2305         b.If a transaction is a bundled transaction that includes
 2306  advertising and promotional direct mail, this subsection applies
 2307  only if the primary purpose of the transaction is the sale of
 2308  products or services that meet the definition of advertising and
 2309  promotional direct mail.
 2310         c.This subsection does not limit any purchaser’s:
 2311         (I) Obligation for sales or use tax to any state to which
 2312  the direct mail is delivered;
 2313         (II)Right under local, state, federal, or constitutional
 2314  law to a credit for sales or use taxes legally due and paid to
 2315  other jurisdictions; or
 2316         (III) Right to a refund of sales or use taxes overpaid to
 2317  any jurisdiction.
 2318         d.This paragraph applies for purposes of uniformly
 2319  sourcing direct mail transactions and does not impose
 2320  requirements on states regarding the taxation of products that
 2321  meet the definition of direct mail and does not apply to sales
 2322  for resale or other exemptions. A purchaser of printed materials
 2323  shall have sole responsibility for the taxes imposed by this
 2324  chapter on those materials when the printer of the materials
 2325  delivers them to the United States Postal Service for mailing to
 2326  persons other than the purchaser located within and outside this
 2327  state. Printers of materials delivered by mail to persons other
 2328  than the purchaser located within and outside this state shall
 2329  have no obligation or responsibility for the payment or
 2330  collection of any taxes imposed under this chapter on those
 2331  materials. However, printers are obligated to collect the taxes
 2332  imposed by this chapter on printed materials when all, or
 2333  substantially all, of the materials will be mailed to persons
 2334  located within this state. For purposes of the printer’s tax
 2335  collection obligation, there is a rebuttable presumption that
 2336  all materials printed at a facility are mailed to persons
 2337  located within the same state as that in which the facility is
 2338  located. A certificate provided by the purchaser to the printer
 2339  concerning the delivery of the printed materials for that
 2340  purchase or all purchases shall be sufficient for purposes of
 2341  rebutting the presumption created herein.
 2342         5.2. The Department of Revenue is authorized to adopt rules
 2343  and forms to administer implement the provisions of this
 2344  paragraph.
 2345         (5)(a)1. Except as provided in subparagraph 2., It is not
 2346  the intention of This chapter does not to levy a tax upon
 2347  tangible personal property imported, produced, or manufactured
 2348  in this state for export if, provided that tangible personal
 2349  property may not be considered as being imported, produced, or
 2350  manufactured for export unless the importer, producer, or
 2351  manufacturer:
 2352         a. Delivers the tangible personal property same to a
 2353  licensed exporter for exporting or to a common carrier for
 2354  shipment outside the state or mails the same by United States
 2355  mail to a destination outside the state; or, in the case of
 2356  aircraft being exported under their own power to a destination
 2357  outside the continental limits of the United States, by
 2358  submission
 2359         b.Submits to the department of a duly signed and validated
 2360  United States customs declaration, showing the departure of an
 2361  the aircraft from the continental United States and; and further
 2362  with respect to aircraft, the canceled United States registry of
 2363  the said aircraft if the aircraft is exported under its own
 2364  power to a destination outside the continental United States; or
 2365  in the case of
 2366         c.Submits documentation as required by rule to the
 2367  department showing the departure of an aircraft of foreign
 2368  registry from the continental United States on which parts and
 2369  equipment have been installed. on aircraft of foreign registry,
 2370  by submission to the department of documentation, the extent of
 2371  which shall be provided by rule, showing the departure of the
 2372  aircraft from the continental United States; nor is it the
 2373  intention of this chapter to levy a tax on any sale which
 2374         2.This chapter does not levy a tax on the sale or use of
 2375  tangible personal property that the state is prohibited from
 2376  taxing under the Constitution or laws of the United States.
 2377  
 2378  Every retail sale made to a person physically present at the
 2379  time of sale shall be presumed to have been delivered in this
 2380  state.
 2381         2.a.Notwithstanding subparagraph 1., a tax is levied on
 2382  each sale of tangible personal property to be transported to a
 2383  cooperating state as defined in sub-subparagraph c., at the rate
 2384  specified in sub-subparagraph d. However, a Florida dealer will
 2385  be relieved from the requirements of collecting taxes pursuant
 2386  to this subparagraph if the Florida dealer obtains from the
 2387  purchaser an affidavit setting forth the purchaser’s name,
 2388  address, state taxpayer identification number, and a statement
 2389  that the purchaser is aware of his or her state’s use tax laws,
 2390  is a registered dealer in Florida or another state, or is
 2391  purchasing the tangible personal property for resale or is
 2392  otherwise not required to pay the tax on the transaction. The
 2393  department may, by rule, provide a form to be used for the
 2394  purposes set forth herein.
 2395         b.For purposes of this subparagraph, “a cooperating state”
 2396  is one determined by the executive director of the department to
 2397  cooperate satisfactorily with this state in collecting taxes on
 2398  mail order sales. No state shall be so determined unless it
 2399  meets all the following minimum requirements:
 2400         (I)It levies and collects taxes on mail order sales of
 2401  property transported from that state to persons in this state,
 2402  as described in s. 212.0596, upon request of the department.
 2403         (II)The tax so collected shall be at the rate specified in
 2404  s. 212.05, not including any local option or tourist or
 2405  convention development taxes collected pursuant to s. 125.0104
 2406  or this chapter.
 2407         (III)Such state agrees to remit to the department all
 2408  taxes so collected no later than 30 days from the last day of
 2409  the calendar quarter following their collection.
 2410         (IV)Such state authorizes the department to audit dealers
 2411  within its jurisdiction who make mail order sales that are the
 2412  subject of s. 212.0596, or makes arrangements deemed adequate by
 2413  the department for auditing them with its own personnel.
 2414         (V)Such state agrees to provide to the department records
 2415  obtained by it from retailers or dealers in such state showing
 2416  delivery of tangible personal property into this state upon
 2417  which no sales or use tax has been paid in a manner similar to
 2418  that provided in sub-subparagraph g.
 2419         c.For purposes of this subparagraph, “sales of tangible
 2420  personal property to be transported to a cooperating state”
 2421  means mail order sales to a person who is in the cooperating
 2422  state at the time the order is executed, from a dealer who
 2423  receives that order in this state.
 2424         d.The tax levied by sub-subparagraph a. shall be at the
 2425  rate at which such a sale would have been taxed pursuant to the
 2426  cooperating state’s tax laws if consummated in the cooperating
 2427  state by a dealer and a purchaser, both of whom were physically
 2428  present in that state at the time of the sale.
 2429         e.The tax levied by sub-subparagraph a., when collected,
 2430  shall be held in the State Treasury in trust for the benefit of
 2431  the cooperating state and shall be paid to it at a time agreed
 2432  upon between the department, acting for this state, and the
 2433  cooperating state or the department or agency designated by it
 2434  to act for it; however, such payment shall in no event be made
 2435  later than 30 days from the last day of the calendar quarter
 2436  after the tax was collected. Funds held in trust for the benefit
 2437  of a cooperating state shall not be subject to the service
 2438  charges imposed by s. 215.20.
 2439         f.The department is authorized to perform such acts and to
 2440  provide such cooperation to a cooperating state with reference
 2441  to the tax levied by sub-subparagraph a. as is required of the
 2442  cooperating state by sub-subparagraph b.
 2443         g.In furtherance of this act, dealers selling tangible
 2444  personal property for delivery in another state shall make
 2445  available to the department, upon request of the department,
 2446  records of all tangible personal property so sold. Such records
 2447  shall include a description of the property, the name and
 2448  address of the purchaser, the name and address of the person to
 2449  whom the property was sent, the purchase price of the property,
 2450  information regarding whether sales tax was paid in this state
 2451  on the purchase price, and such other information as the
 2452  department may by rule prescribe.
 2453         (b)1. Notwithstanding the provisions of paragraph (a), it
 2454  is not the intention of this chapter to levy a tax on the sale
 2455  of tangible personal property to a nonresident dealer who does
 2456  not hold a Florida sales tax registration, provided such
 2457  nonresident dealer furnishes the seller a statement declaring
 2458  that the tangible personal property will be transported outside
 2459  this state by the nonresident dealer for resale and for no other
 2460  purpose. The statement shall include, but not be limited to, the
 2461  nonresident dealer’s name, address, applicable passport or visa
 2462  number, arrival-departure card number, and evidence of authority
 2463  to do business in the nonresident dealer’s home state or
 2464  country, such as his or her business name and address,
 2465  occupational license number, if applicable, or any other
 2466  suitable requirement. The statement shall be signed by the
 2467  nonresident dealer and shall include the following sentence:
 2468  “Under penalties of perjury, I declare that I have read the
 2469  foregoing, and the facts alleged are true to the best of my
 2470  knowledge and belief.”
 2471         2. The burden of proof of subparagraph 1. rests with the
 2472  seller, who must retain the proper documentation to support the
 2473  exempt sale. The exempt transaction is subject to verification
 2474  by the department.
 2475         (c) Notwithstanding the provisions of paragraph (a), it is
 2476  not the intention of this chapter to levy a tax on the sale by a
 2477  printer to a nonresident print purchaser of material printed by
 2478  that printer for that nonresident print purchaser when the print
 2479  purchaser does not furnish the printer a resale certificate
 2480  containing a sales tax registration number but does furnish to
 2481  the printer a statement declaring that such material will be
 2482  resold by the nonresident print purchaser.
 2483         Section 12. Paragraph (c) of subsection (1) and subsection
 2484  (2) of section 212.07, Florida Statutes, are amended, and
 2485  subsection (10) is added to that section, to read:
 2486         212.07 Sales, storage, use tax; tax added to purchase
 2487  price; dealer not to absorb; liability of purchasers who cannot
 2488  prove payment of the tax; penalties; general exemptions.—
 2489         (1)
 2490         (c) Unless the purchaser of tangible personal property that
 2491  is incorporated into tangible personal property manufactured,
 2492  produced, compounded, processed, or fabricated for one’s own use
 2493  and subject to the tax imposed under s. 212.06(1)(b) or is
 2494  purchased for export under s. 212.06(5)(a) s. 212.06(5)(a)1.
 2495  extends a certificate in compliance with the rules of the
 2496  department, the dealer shall himself or herself be liable for
 2497  and pay the tax.
 2498         (2) A dealer shall, as far as practicable, add the amount
 2499  of the tax imposed under this chapter to the sale price, and the
 2500  amount of the tax shall be separately stated as Florida tax on
 2501  any charge ticket, sales slip, invoice, or other tangible
 2502  evidence of sale. Such tax constitutes shall constitute a part
 2503  of the such price, charge, or proof of sale and is which shall
 2504  be a debt from the purchaser or consumer to the dealer, until
 2505  paid. This debt is, and shall be recoverable at law in the same
 2506  manner as other debts. If Where it is impracticable, due to the
 2507  nature of the business practices within an industry, to
 2508  separately state Florida tax on any charge ticket, sales slip,
 2509  invoice, or other tangible evidence of sale, the department may
 2510  establish by rule a remittance an effective tax rate for such
 2511  industry. The department may also amend this effective tax rate
 2512  as the industry’s pricing or practices change. In addition to
 2513  other methods, the department may use telephone, electronic
 2514  mail, facsimile, or other electronic means to provide notice of
 2515  such rate and any change. Except as otherwise specifically
 2516  provided, any dealer who neglects, fails, or refuses to collect
 2517  the tax herein provided upon a any, every, and all retail sale
 2518  of tangible personal property sales made by the dealer or the
 2519  dealer’s agent agents or employee is employees of tangible
 2520  personal property or services which are subject to the tax
 2521  imposed by this chapter shall be liable for and shall pay the
 2522  tax himself or herself.
 2523         (10)(a)The executive director is authorized to maintain
 2524  and publish a taxability matrix in a downloadable format.
 2525         (b)The state shall provide notice of changes to the
 2526  taxability of the products or services listed in the taxability
 2527  matrix. In addition to other methods, the department may use
 2528  telephone, electronic mail, facsimile, or other electronic means
 2529  to provide notice of such changes.
 2530         (c)A dealer or certified service provider who collects and
 2531  remits the state and local tax imposed by this chapter shall be
 2532  held harmless from tax, interest, and penalties for having
 2533  charged and collected the incorrect amount of sales or use tax
 2534  due solely as a result of relying on erroneous data provided by
 2535  the state in the taxability matrix.
 2536         (d)A purchaser shall be held harmless from penalties for
 2537  having failed to pay the correct amount of sales or use tax due
 2538  solely as a result of any of the following circumstances:
 2539         1.The dealer or certified service provider relied on
 2540  erroneous data provided by the state in the taxability matrix
 2541  completed by the state;
 2542         2.A purchaser relied on erroneous data provided by the
 2543  state in the taxability matrix completed by the state; or
 2544         3.A purchaser holding a direct-pay permit relied on
 2545  erroneous data provided by the state in the taxability matrix
 2546  completed by the state.
 2547         (e)A purchaser shall be held harmless from tax and
 2548  interest for having failed to pay the correct amount of sales or
 2549  use tax due solely as a result of the state’s erroneous
 2550  classification in the taxability matrix of terms included in the
 2551  Streamlined Sales and Use Tax Agreement’s library of definitions
 2552  as “taxable” or “exempt,” “included in sales price” or “excluded
 2553  from sales price,” or “included in the definition” or “excluded
 2554  from the definition.”
 2555         Section 13. Subsections (1) and (2), paragraph (g) of
 2556  subsection (5), subsection (14), and paragraphs (b) and (c) of
 2557  subsection (17) of section 212.08, Florida Statutes, are amended
 2558  to read:
 2559         212.08 Sales, rental, use, consumption, distribution, and
 2560  storage tax; specified exemptions.—The sale at retail, the
 2561  rental, the use, the consumption, the distribution, and the
 2562  storage to be used or consumed in this state of the following
 2563  are hereby specifically exempt from the tax imposed by this
 2564  chapter.
 2565         (1) EXEMPTIONS; GENERAL GROCERIES.—
 2566         (a) Food and food ingredients products for human
 2567  consumption are exempt from the tax imposed by this chapter.
 2568         (b) For the purpose of this chapter, as used in this
 2569  subsection, the term “food and food ingredients products” means
 2570  substances, whether in liquid, concentrated, solid, frozen,
 2571  dried, or dehydrated form, which are sold for ingestion or
 2572  chewing by humans and are consumed for their taste or
 2573  nutritional value edible commodities, whether processed, cooked,
 2574  raw, canned, or in any other form, which are generally regarded
 2575  as food. This includes, but is not limited to, all of the
 2576  following:
 2577         1. Cereals and cereal products, baked goods, oleomargarine,
 2578  meat and meat products, fish and seafood products, frozen foods
 2579  and dinners, poultry, eggs and egg products, vegetables and
 2580  vegetable products, fruit and fruit products, spices, salt,
 2581  sugar and sugar products, milk and dairy products, and products
 2582  intended to be mixed with milk.
 2583         2. Natural fruit or vegetable juices or their concentrates
 2584  or reconstituted natural concentrated fruit or vegetable juices,
 2585  whether frozen or unfrozen, dehydrated, powdered, granulated,
 2586  sweetened or unsweetened, seasoned with salt or spice, or
 2587  unseasoned; coffee, coffee substitutes, or cocoa; and tea,
 2588  unless it is sold in a liquid form.
 2589         1.3. Bakery products sold by bakeries, pastry shops, or
 2590  like establishments, if sold without eating utensils. For
 2591  purposes of this subparagraph, bakery products include bread,
 2592  rolls, buns, biscuits, bagels, croissants, pastries, doughnuts,
 2593  Danish pastries, cakes, tortes, pies, tarts, muffins, bars,
 2594  cookies, and tortillas that do not have eating facilities.
 2595         2.Dietary supplements. The term “dietary supplements”
 2596  means any nontobacco product intended to supplement the diet
 2597  which contains one or more of the following dietary ingredients:
 2598  a vitamin; a mineral; an herb or other botanical; an amino acid;
 2599  a dietary substance for use by humans to supplement the diet by
 2600  increasing the total dietary intake; or a concentrate,
 2601  metabolite, constituent, extract, or combination of any
 2602  ingredient described in this subparagraph which is intended for
 2603  ingestion in tablet, capsule, powder, softgel, gelcap, or liquid
 2604  form or, if not intended for ingestion in such a form, is not
 2605  represented as conventional food and is not represented for use
 2606  as a sole item of a meal or of the diet, and which is required
 2607  to be labeled as a dietary supplement, identifiable by the
 2608  supplemental facts panel found on the label and as required
 2609  pursuant to 21 C.F.R. s. 101.36.
 2610         3. Bottled water. As used in this subparagraph, the term
 2611  “bottled water” means water that is placed in a safety-sealed
 2612  container or package for human consumption. Bottled water is
 2613  calorie free and does not contain sweeteners or other additives,
 2614  except that it may contain:
 2615         a. Antimicrobial agents;
 2616         b. Fluoride;
 2617         c. Carbonation;
 2618         d. Vitamins, minerals, and electrolytes;
 2619         e. Oxygen;
 2620         f. Preservatives; and
 2621         g. Only those flavors, extracts, or essences derived from a
 2622  spice or fruit.
 2623  
 2624  The term “bottled water” includes water that is delivered to the
 2625  purchaser in a reusable container that is not sold with the
 2626  water.
 2627         (c) The exemption provided by this subsection does not
 2628  apply to:
 2629         1.  Food products sold as meals for consumption on or off
 2630  the premises of the dealer.
 2631         2. Food products furnished, prepared, or served for
 2632  consumption at tables, chairs, or counters or from trays,
 2633  glasses, dishes, or other tableware, whether provided by the
 2634  dealer or by a person with whom the dealer contracts to furnish,
 2635  prepare, or serve food products to others.
 2636         3. Food products ordinarily sold for immediate consumption
 2637  on the seller’s premises or near a location at which parking
 2638  facilities are provided primarily for the use of patrons in
 2639  consuming the products purchased at the location, even though
 2640  such products are sold on a “take out” or “to go” order and are
 2641  actually packaged or wrapped and taken from the premises of the
 2642  dealer.
 2643         4. Sandwiches sold ready for immediate consumption on or
 2644  off the seller’s premises.
 2645         5. Food products sold ready for immediate consumption
 2646  within a place, the entrance to which is subject to an admission
 2647  charge.
 2648         1.6.Food and food ingredients sold as prepared food. The
 2649  term “prepared food” means:
 2650         a.Food sold in a heated state or heated by the dealer;
 2651         b.Two or more food ingredients mixed or combined by the
 2652  dealer for sale as a single item; or
 2653         c.Food sold with eating utensils provided by the dealer,
 2654  including plates, knives, forks, spoons, glasses, cups, napkins,
 2655  or straws. A plate does not include a container or packaging
 2656  used to transport food. Prepared food does not include food that
 2657  is only cut, repackaged, or pasteurized by the dealer, eggs,
 2658  fish, meat, poultry, and foods that contain these raw animal
 2659  foods and require cooking by the consumer, as recommended by the
 2660  Food and Drug Administration in chapter 3, part 4011 of its food
 2661  code, to prevent food-borne illness. Food products sold as hot
 2662  prepared food products.
 2663         2.7. Soft drinks, including, but not limited to, any
 2664  nonalcoholic beverage, any preparation or beverage commonly
 2665  referred to as a “soft drink,” or any noncarbonated drink made
 2666  from milk derivatives or tea, if sold in cans or similar
 2667  containers. The term “soft drinks” means nonalcoholic beverages
 2668  that contain natural or artificial sweeteners. Soft drinks do
 2669  not include beverages that contain milk or milk products, soy,
 2670  rice, or similar milk substitutes, or greater than 50 percent of
 2671  vegetable or fruit juice by volume.
 2672         8. Ice cream, frozen yogurt, and similar frozen dairy or
 2673  nondairy products in cones, small cups, or pints, popsicles,
 2674  frozen fruit bars, or other novelty items, whether or not sold
 2675  separately.
 2676         9. Food that is prepared, whether on or off the premises,
 2677  and sold for immediate consumption. This does not apply to food
 2678  prepared off the premises and sold in the original sealed
 2679  container, or the slicing of products into smaller portions.
 2680         3.10. Food and food ingredients products sold through a
 2681  vending machine, pushcart, motor vehicle, or any other form of
 2682  vehicle.
 2683         4.11. Candy and any similar product regarded as candy or
 2684  confection, based on its normal use, as indicated on the label
 2685  or advertising thereof. The term “candy” means a preparation of
 2686  sugar, honey, or other natural or artificial sweeteners in
 2687  combination with chocolate, fruits, nuts, or other ingredients
 2688  or flavorings in the form of bars, drops, or pieces. Candy does
 2689  not include any preparation that contains flour and does not
 2690  require refrigeration.
 2691         5.Tobacco.
 2692         12. Bakery products sold by bakeries, pastry shops, or like
 2693  establishments having eating facilities, except when sold for
 2694  consumption off the seller’s premises.
 2695         13. Food products served, prepared, or sold in or by
 2696  restaurants, lunch counters, cafeterias, hotels, taverns, or
 2697  other like places of business.
 2698         (d) As used in this subsection, the term:
 2699         1. “For consumption off the seller’s premises” means that
 2700  the food or drink is intended by the customer to be consumed at
 2701  a place away from the dealer’s premises.
 2702         2. “For consumption on the seller’s premises” means that
 2703  the food or drink sold may be immediately consumed on the
 2704  premises where the dealer conducts his or her business. In
 2705  determining whether an item of food is sold for immediate
 2706  consumption, the customary consumption practices prevailing at
 2707  the selling facility shall be considered.
 2708         3. “Premises” shall be construed broadly, and means, but is
 2709  not limited to, the lobby, aisle, or auditorium of a theater;
 2710  the seating, aisle, or parking area of an arena, rink, or
 2711  stadium; or the parking area of a drive-in or outdoor theater.
 2712  The premises of a caterer with respect to catered meals or
 2713  beverages shall be the place where such meals or beverages are
 2714  served.
 2715         4. “Hot prepared food products” means those products,
 2716  items, or components which have been prepared for sale in a
 2717  heated condition and which are sold at any temperature that is
 2718  higher than the air temperature of the room or place where they
 2719  are sold. “Hot prepared food products,” for the purposes of this
 2720  subsection, includes a combination of hot and cold food items or
 2721  components where a single price has been established for the
 2722  combination and the food products are sold in such combination,
 2723  such as a hot meal, a hot specialty dish or serving, or a hot
 2724  sandwich or hot pizza, including cold components or side items.
 2725         (d)(e)1. Food or drinks not exempt under paragraphs (a),
 2726  (b), and (c), and (d) are exempt, notwithstanding those
 2727  paragraphs, when purchased with food coupons or Special
 2728  Supplemental Food Program for Women, Infants, and Children
 2729  vouchers issued under authority of federal law.
 2730         2. This paragraph is effective only while federal law
 2731  prohibits a state’s participation in the federal food coupon
 2732  program or Special Supplemental Food Program for Women, Infants,
 2733  and Children if there is an official determination that state or
 2734  local sales taxes are collected within that state on purchases
 2735  of food or drinks with such coupons.
 2736         3. This paragraph does shall not apply to any food or
 2737  drinks on which federal law allows shall permit sales taxes
 2738  without penalty, such as termination of the state’s
 2739  participation.
 2740         (e)(f) The application of the tax on a package that
 2741  contains exempt food products and taxable nonfood products
 2742  depends upon the essential character of the complete package.
 2743         1. If the taxable items represent more than 25 percent of
 2744  the cost of the complete package and a single charge is made,
 2745  the entire sales price of the package is taxable. If the taxable
 2746  items are separately stated, the separate charge for the taxable
 2747  items is subject to tax.
 2748         2. If the taxable items represent 25 percent or less of the
 2749  cost of the complete package and a single charge is made, the
 2750  entire sales price of the package is exempt from tax. The person
 2751  preparing the package is liable for the tax on the cost of the
 2752  taxable items going into the complete package. If the taxable
 2753  items are separately stated, the separate charge is subject to
 2754  tax.
 2755         (f) Dietary supplements that are sold as prepared food are
 2756  not exempt.
 2757         (2) EXEMPTIONS; MEDICAL.—
 2758         (a) There shall be exempt from the tax imposed by this
 2759  chapter:
 2760         1.Drugs dispensed according to an individual prescription
 2761  or prescriptions.
 2762         2.Mobility-enhancing equipment or prosthetic devices any
 2763  medical products and supplies or medicine dispensed according to
 2764  an individual prescription or prescriptions or durable medical
 2765  equipment. written by a prescriber authorized by law to
 2766  prescribe medicinal drugs;
 2767         3. Hypodermic needles.; hypodermic syringes;
 2768         4. Chemical compounds and test kits used for the diagnosis
 2769  or treatment of human disease, illness, or injury and intended
 2770  for one-time use.;
 2771         5.Over-the-counter drugs and common household remedies
 2772  recommended and generally sold for internal or external use in
 2773  the cure, mitigation, treatment, or prevention of illness or
 2774  disease in human beings, but not including grooming and hygiene
 2775  products.
 2776         6.Band-aids, gauze, bandages, and adhesive tape.
 2777         7.Funerals. However, tangible personal property used by
 2778  funeral directors in their business is taxable. cosmetics or
 2779  toilet articles, notwithstanding the presence of medicinal
 2780  ingredients therein, according to a list prescribed and approved
 2781  by the Department of Health, which list shall be certified to
 2782  the Department of Revenue from time to time and included in the
 2783  rules promulgated by the Department of Revenue. There shall also
 2784  be exempt from the tax imposed by this chapter artificial eyes
 2785  and limbs; orthopedic shoes; prescription eyeglasses and items
 2786  incidental thereto or which become a part thereof; dentures;
 2787  hearing aids; crutches; prosthetic and orthopedic appliances;
 2788  and funerals. In addition, any
 2789         8. Items intended for one-time use which transfer essential
 2790  optical characteristics to contact lenses. shall be exempt from
 2791  the tax imposed by this chapter; However, this exemption applies
 2792  shall apply only after $100,000 of the tax imposed by this
 2793  chapter on such items has been paid in any calendar year by a
 2794  taxpayer who claims the exemption in such year. Funeral
 2795  directors shall pay tax on all tangible personal property used
 2796  by them in their business.
 2797         (b) For the purposes of this subsection, the term:
 2798         1. “Drug” means a compound, substance, or preparation, and
 2799  any component of a compound, substance, or preparation, other
 2800  than food and food ingredients, dietary supplements, and
 2801  alcoholic beverages, which is:
 2802         a.Recognized in the official United States Pharmacopoeia,
 2803  official Homeopathic Pharmacopoeia of the United States, or
 2804  official National Formulary, or the supplement to any of them;
 2805         b.Intended for use in the diagnosis, cure, mitigation,
 2806  treatment, or prevention of disease; or
 2807         c.Intended to affect the structure or any function of the
 2808  body.
 2809         2.“Durable medical equipment” means equipment, including
 2810  repair and replacement parts to such equipment, but excluding
 2811  mobility-enhancing equipment, which can withstand repeated use,
 2812  is primarily and customarily used to serve a medical purpose,
 2813  generally is not useful to a person in the absence of illness or
 2814  injury, and is not worn on or in the body.
 2815         3.“Mobility-enhancing equipment” means equipment,
 2816  including repair and replacement parts to such equipment, but
 2817  excluding durable medical equipment, which:
 2818         a.Is primarily and customarily used to provide or increase
 2819  the ability to move from one place to another and which is
 2820  appropriate for use in a home or a motor vehicle.
 2821         b.Is not generally used by persons with normal mobility.
 2822         c.Does not include any motor vehicle or any equipment on a
 2823  motor vehicle normally provided by a motor vehicle manufacturer.
 2824         4.“Prosthetic device” means a replacement, corrective, or
 2825  supportive device, including repair or replacement parts to such
 2826  equipment, which is worn on or in the body to:
 2827         a.Artificially replace a missing portion of the body;
 2828         b.Prevent or correct physical deformity or malfunction; or
 2829         c.Support a weak or deformed portion of the body.
 2830         5.“Grooming and hygiene products” mean soaps and cleaning
 2831  solutions, shampoo, toothpaste, mouthwash, antiperspirants, and
 2832  suntan lotions and screens, regardless of whether the items meet
 2833  the definition of an over-the-counter drug.
 2834         6.“Over-the-counter drug” means a drug provided in
 2835  packaging that contains a label that identifies the product as a
 2836  drug as required by 21 C.F.R. s. 201.66. An over-the-counter
 2837  drug label includes a drug-facts panel or a statement of the
 2838  active ingredients and a list of the ingredients contained in
 2839  the compound, substance, or preparation. “Prosthetic and
 2840  orthopedic appliances” means any apparatus, instrument, device,
 2841  or equipment used to replace or substitute for any missing part
 2842  of the body, to alleviate the malfunction of any part of the
 2843  body, or to assist any disabled person in leading a normal life
 2844  by facilitating such person’s mobility. Such apparatus,
 2845  instrument, device, or equipment shall be exempted according to
 2846  an individual prescription or prescriptions written by a
 2847  physician licensed under chapter 458, chapter 459, chapter 460,
 2848  chapter 461, or chapter 466, or according to a list prescribed
 2849  and approved by the Department of Health, which list shall be
 2850  certified to the Department of Revenue from time to time and
 2851  included in the rules promulgated by the Department of Revenue.
 2852         2. “Cosmetics” means articles intended to be rubbed,
 2853  poured, sprinkled, or sprayed on, introduced into, or otherwise
 2854  applied to the human body for cleansing, beautifying, promoting
 2855  attractiveness, or altering the appearance and also means
 2856  articles intended for use as a compound of any such articles,
 2857  including, but not limited to, cold creams, suntan lotions,
 2858  makeup, and body lotions.
 2859         3. “Toilet articles” means any article advertised or held
 2860  out for sale for grooming purposes and those articles that are
 2861  customarily used for grooming purposes, regardless of the name
 2862  by which they may be known, including, but not limited to, soap,
 2863  toothpaste, hair spray, shaving products, colognes, perfumes,
 2864  shampoo, deodorant, and mouthwash.
 2865         7.4. “Prescription” means an order, formula, or recipe
 2866  issued in any form of oral, written, electronic, or other means
 2867  of transmission by a practitioner licensed under chapter 458,
 2868  chapter 459, chapter 460, chapter 461, chapter 466, or chapter
 2869  474. The term includes an orally transmitted order by the
 2870  lawfully designated agent of the practitioner. The term also
 2871  includes an order written or transmitted by a practitioner
 2872  licensed to practice in a jurisdiction other than this state,
 2873  but only if the pharmacist called upon to dispense the order
 2874  determines, in the exercise of his or her professional judgment,
 2875  that the order is valid and necessary for the treatment of a
 2876  chronic or recurrent illness. includes any order for drugs or
 2877  medicinal supplies written or transmitted by any means of
 2878  communication by a duly licensed practitioner authorized by the
 2879  laws of the state to prescribe such drugs or medicinal supplies
 2880  and intended to be dispensed by a pharmacist. The term also
 2881  includes an orally transmitted order by the lawfully designated
 2882  agent of such practitioner. The term also includes an order
 2883  written or transmitted by a practitioner licensed to practice in
 2884  a jurisdiction other than this state, but only if the pharmacist
 2885  called upon to dispense such order determines, in the exercise
 2886  of his or her professional judgment, that the order is valid and
 2887  necessary for the treatment of a chronic or recurrent illness.
 2888  The term also includes a pharmacist’s order for a product
 2889  selected from the formulary created pursuant to s. 465.186. A
 2890  prescription may be retained in written form, or the pharmacist
 2891  may cause it to be recorded in a data processing system,
 2892  provided that such order can be produced in printed form upon
 2893  lawful request.
 2894         (c) Chlorine is shall not be exempt from the tax imposed by
 2895  this chapter when used for the treatment of water in swimming
 2896  pools.
 2897         (d) Lithotripters are exempt.
 2898         (d)(e) Human organs are exempt.
 2899         (f) Sales of drugs to or by physicians, dentists,
 2900  veterinarians, and hospitals in connection with medical
 2901  treatment are exempt.
 2902         (g) Medical products and supplies used in the cure,
 2903  mitigation, alleviation, prevention, or treatment of injury,
 2904  disease, or incapacity which are temporarily or permanently
 2905  incorporated into a patient or client by a practitioner of the
 2906  healing arts licensed in the state are exempt.
 2907         (h) The purchase by a veterinarian of commonly recognized
 2908  substances possessing curative or remedial properties which are
 2909  ordered and dispensed as treatment for a diagnosed health
 2910  disorder by or on the prescription of a duly licensed
 2911  veterinarian, and which are applied to or consumed by animals
 2912  for alleviation of pain or the cure or prevention of sickness,
 2913  disease, or suffering are exempt. Also exempt are the purchase
 2914  by a veterinarian of antiseptics, absorbent cotton, gauze for
 2915  bandages, lotions, vitamins, and worm remedies.
 2916         (i) X-ray opaques, also known as opaque drugs and
 2917  radiopaque, such as the various opaque dyes and barium sulphate,
 2918  when used in connection with medical X rays for treatment of
 2919  bodies of humans and animals, are exempt.
 2920         (e)(j) Parts, special attachments, special lettering, and
 2921  other like items that are added to or attached to tangible
 2922  personal property so that a handicapped person can use them are
 2923  exempt when such items are purchased by a person pursuant to an
 2924  individual prescription.
 2925         (f)(k) This subsection shall be strictly construed and
 2926  enforced.
 2927         (5) EXEMPTIONS; ACCOUNT OF USE.—
 2928         (g) Building materials used in the rehabilitation of real
 2929  property located in an enterprise zone.—
 2930         1. Building materials used in the rehabilitation of real
 2931  property located in an enterprise zone are exempt from the tax
 2932  imposed by this chapter upon an affirmative showing to the
 2933  satisfaction of the department that the items have been used for
 2934  the rehabilitation of real property located in an enterprise
 2935  zone. Except as provided in subparagraph 2., this exemption
 2936  inures to the owner, lessee, or lessor at the time the real
 2937  property is rehabilitated, but only through a refund of
 2938  previously paid taxes. To receive a refund pursuant to this
 2939  paragraph, the owner, lessee, or lessor of the rehabilitated
 2940  real property must file an application under oath with the
 2941  governing body or enterprise zone development agency having
 2942  jurisdiction over the enterprise zone where the business is
 2943  located, as applicable. A single application for a refund may be
 2944  submitted for multiple, contiguous parcels that were part of a
 2945  single parcel that was divided as part of the rehabilitation of
 2946  the property. All other requirements of this paragraph apply to
 2947  each parcel on an individual basis. The application must
 2948  include:
 2949         a. The name and address of the person claiming the refund.
 2950         b. An address and assessment roll parcel number of the
 2951  rehabilitated real property for which a refund of previously
 2952  paid taxes is being sought.
 2953         c. A description of the improvements made to accomplish the
 2954  rehabilitation of the real property.
 2955         d. A copy of a valid building permit issued by the county
 2956  or municipal building department for the rehabilitation of the
 2957  real property.
 2958         e. A sworn statement, under penalty of perjury, from the
 2959  general contractor licensed in this state with whom the
 2960  applicant contracted to make the improvements necessary to
 2961  rehabilitate the real property, which lists the building
 2962  materials used to rehabilitate the real property, the actual
 2963  cost of the building materials, and the amount of sales tax paid
 2964  in this state on the building materials. If a general contractor
 2965  was not used, the applicant, not a general contractor, shall
 2966  make the sworn statement required by this sub-subparagraph.
 2967  Copies of the invoices which that evidence the purchase of the
 2968  building materials used in the rehabilitation and the payment of
 2969  sales tax on the building materials must be attached to the
 2970  sworn statement provided by the general contractor or by the
 2971  applicant. Unless the actual cost of building materials used in
 2972  the rehabilitation of real property and the payment of sales
 2973  taxes is documented by a general contractor or by the applicant
 2974  in this manner, the cost of the building materials is deemed to
 2975  be an amount equal to 40 percent of the increase in assessed
 2976  value for ad valorem tax purposes.
 2977         f. The identifying number assigned pursuant to s. 290.0065
 2978  to the enterprise zone in which the rehabilitated real property
 2979  is located.
 2980         g. A certification by the local building code inspector
 2981  that the improvements necessary to rehabilitate the real
 2982  property are substantially completed.
 2983         h. A statement of whether the business is a small business
 2984  as defined by s. 288.703(1).
 2985         i. If applicable, the name and address of each permanent
 2986  employee of the business, including, for each employee who is a
 2987  resident of an enterprise zone, the identifying number assigned
 2988  pursuant to s. 290.0065 to the enterprise zone in which the
 2989  employee resides.
 2990         2. This exemption inures to a municipality, county, other
 2991  governmental unit or agency, or nonprofit community-based
 2992  organization through a refund of previously paid taxes if the
 2993  building materials used in the rehabilitation are paid for from
 2994  the funds of a community development block grant, State Housing
 2995  Initiatives Partnership Program, or similar grant or loan
 2996  program. To receive a refund, a municipality, county, other
 2997  governmental unit or agency, or nonprofit community-based
 2998  organization must file an application that includes the same
 2999  information required in subparagraph 1. In addition, the
 3000  application must include a sworn statement signed by the chief
 3001  executive officer of the municipality, county, other
 3002  governmental unit or agency, or nonprofit community-based
 3003  organization seeking a refund which states that the building
 3004  materials for which a refund is sought were funded by a
 3005  community development block grant, State Housing Initiatives
 3006  Partnership Program, or similar grant or loan program.
 3007         3. Within 10 working days after receipt of an application,
 3008  the governing body or enterprise zone development agency shall
 3009  review the application to determine if it contains all the
 3010  information required by subparagraph 1. or subparagraph 2. and
 3011  meets the criteria set out in this paragraph. The governing body
 3012  or agency shall certify all applications that contain the
 3013  required information and are eligible to receive a refund. If
 3014  applicable, the governing body or agency shall also certify if
 3015  20 percent of the employees of the business that applies for the
 3016  exemption are residents of an enterprise zone, excluding
 3017  temporary and part-time employees. The certification must be in
 3018  writing, and a copy of the certification shall be transmitted to
 3019  the executive director of the department. The applicant is
 3020  responsible for forwarding a certified application to the
 3021  department within the time specified in subparagraph 4.
 3022         4. An application for a refund must be submitted to the
 3023  department within 6 months after the rehabilitation of the
 3024  property is deemed to be substantially completed by the local
 3025  building code inspector or by November 1 after the rehabilitated
 3026  property is first subject to assessment.
 3027         5. Only one exemption through a refund of previously paid
 3028  taxes for the rehabilitation of real property is permitted for
 3029  any single parcel of property unless there is a change in
 3030  ownership, a new lessor, or a new lessee of the real property.
 3031  Only one exemption through a refund of previously paid taxes for
 3032  the rehabilitation of real property is permitted for any single
 3033  building. A refund may not be granted unless the amount to be
 3034  refunded exceeds $500. A refund may not exceed the lesser of 97
 3035  percent of the Florida sales or use tax paid on the cost of the
 3036  building materials used in the rehabilitation of the real
 3037  property as determined pursuant to sub-subparagraph 1.e. or
 3038  $5,000, or, if at least 20 percent of the employees of the
 3039  business are residents of an enterprise zone, excluding
 3040  temporary and part-time employees, the amount of refund may not
 3041  exceed the lesser of 97 percent of the sales tax paid on the
 3042  cost of the building materials or $10,000. A refund shall be
 3043  made within 30 days after formal approval by the department of
 3044  the application for the refund.
 3045         6. The department shall adopt rules governing the manner
 3046  and form of refund applications and may establish guidelines as
 3047  to the requisites for an affirmative showing of qualification
 3048  for exemption under this paragraph.
 3049         7. The department shall deduct an amount equal to 10
 3050  percent of each refund granted under this paragraph from the
 3051  amount transferred into the Local Government Half-cent Sales Tax
 3052  Clearing Trust Fund pursuant to s. 212.20 for the county area in
 3053  which the rehabilitated real property is located and shall
 3054  transfer that amount to the General Revenue Fund.
 3055         8. For the purposes of the exemption provided in this
 3056  paragraph, the term:
 3057         a. “Building materials” means tangible personal property
 3058  that becomes a component part of improvements to real property.
 3059         b. “Full-time employee” means a person who performs duties
 3060  in connection with the operations of an eligible business on a
 3061  regular, full-time basis for an average of at least 36 hours per
 3062  week each month throughout the year.
 3063         c.b. “Real property” has the same meaning as provided in s.
 3064  192.001(12), except that the term does not include a condominium
 3065  parcel or condominium property as defined in s. 718.103.
 3066         d.c. “Rehabilitation of real property” means the
 3067  reconstruction, renovation, restoration, rehabilitation,
 3068  construction, or expansion of improvements to real property.
 3069         e.d. “Substantially completed” has the same meaning as
 3070  provided in s. 192.042(1).
 3071         f. “Temporary employee” means an employee who has been
 3072  employed by an eligible business for less than 3 months on the
 3073  date of the application for the exemption provided in this
 3074  paragraph, or who is employed only for a limited time.
 3075         9. This paragraph expires on the date specified in s.
 3076  290.016 for the expiration of the Florida Enterprise Zone Act.
 3077         (14) HOURLY, DAILY, OR MILEAGE CHARGES; HIGH-VOLTAGE
 3078  TRANSMISSION FACILITY.—The following are exempt from the taxes
 3079  imposed by this chapter:
 3080         (a)The hourly, daily, or mileage charges, to the extent
 3081  that such charges are subject to the jurisdiction of the United
 3082  States Interstate Commerce Commission, if such charges are paid
 3083  by reason of the presence of railroad cars owned by another
 3084  company on the tracks of the taxpayer, or such charges are made
 3085  pursuant to car service agreements.
 3086         (b)The payments made to an owner of a high-voltage bulk
 3087  transmission facility in connection with the possession or
 3088  control of such facility by a regional transmission
 3089  organization, independent system operator, or similar entity
 3090  under the jurisdiction of the Federal Energy Regulatory
 3091  Commission. However, if two taxpayers, in connection with the
 3092  interchange of facilities, rent or lease property, each to the
 3093  other, for use in providing or furnishing any of the services
 3094  mentioned in s. 166.231, the term “lease or rental” means only
 3095  the net amount of rental involved. TECHNICAL ASSISTANCE ADVISORY
 3096  COMMITTEE.—The department shall establish a technical assistance
 3097  advisory committee with public and private sector members,
 3098  including representatives of both manufacturers and retailers,
 3099  to advise the Department of Revenue and the Department of Health
 3100  in determining the taxability of specific products and product
 3101  lines pursuant to subsection (1) and paragraph (2)(a). In
 3102  determining taxability and in preparing a list of specific
 3103  products and product lines that are or are not taxable, the
 3104  committee shall not be subject to the provisions of chapter 120.
 3105  Private sector members shall not be compensated for serving on
 3106  the committee.
 3107         (17) EXEMPTIONS; CERTAIN GOVERNMENT CONTRACTORS.—
 3108         (b) As used in this subsection, the term “overhead
 3109  materials” means all tangible personal property, other than
 3110  qualifying property as defined in s. 212.02(14)(a) and
 3111  electricity, which is used or consumed in the performance of a
 3112  qualifying contract, title to which property vests in or passes
 3113  to the government under the contract.
 3114         (c) As used in this subsection and in s. 212.02(14)(a), the
 3115  term “qualifying contract” means a contract with the United
 3116  States Department of Defense or the National Aeronautics and
 3117  Space Administration, or a subcontract thereunder, but does not
 3118  include a contract or subcontract for the repair, alteration,
 3119  improvement, or construction of real property, except to the
 3120  extent that purchases under such a contract would otherwise be
 3121  exempt from the tax imposed by this chapter.
 3122         Section 14. Section 212.094, Florida Statutes, is created
 3123  to read:
 3124         212.094Purchaser requests for refunds from dealers.—
 3125         (1)If a purchaser seeks a refund of or credit against a
 3126  tax collected under this chapter by a dealer, the purchaser
 3127  shall submit a written request for the refund or credit to the
 3128  dealer in accordance with this section. The request must contain
 3129  all the information necessary for the dealer to determine the
 3130  validity of the purchaser’s request.
 3131         (2)The purchaser may not take any other action against the
 3132  dealer with respect to the requested refund or credit until 60
 3133  days after the dealer’s receipt of a completed request.
 3134         (3)This section does not affect a person’s standing to
 3135  claim a refund.
 3136         (4)This section does not apply to refunds resulting from
 3137  merchandise returned by a customer to a dealer.
 3138         Section 15. Section 212.12, Florida Statutes, is amended to
 3139  read:
 3140         212.12 Dealer’s credit for collecting tax; penalties for
 3141  noncompliance; powers of Department of Revenue in dealing with
 3142  delinquents; brackets applicable to taxable transactions;
 3143  records required.—
 3144         (1)(a) Notwithstanding any other provision of law and for
 3145  the purpose of compensating persons granting licenses for and
 3146  the lessors of real and personal property taxed hereunder, for
 3147  the purpose of compensating dealers in tangible personal
 3148  property, for the purpose of compensating dealers providing
 3149  communication services and taxable services, for the purpose of
 3150  compensating owners of places where admissions are collected,
 3151  and for the purpose of compensating remitters of any taxes or
 3152  fees reported on the same documents utilized for the sales and
 3153  use tax, as compensation for the keeping of prescribed records,
 3154  filing timely tax returns, and the proper accounting and
 3155  remitting of taxes by them, such seller, person, lessor, dealer,
 3156  owner, or and remitter shall be allowed a collection allowance
 3157  based on a percentage of tax remitted for a reporting period.
 3158  The rate of compensation is:
 3159         1. Of the first $6,250 of tax remitted, 0.75 percent;
 3160         2. Of the tax remitted exceeding $6,250 and less than or
 3161  equal to $62,500, 0.375 percent; and
 3162         3. Of the tax remitted exceeding $62,500, 0.1875 percent.
 3163         (b) The amount of collection allowance for each seller,
 3164  person, lessor, dealer, owner, or remitter is limited based on
 3165  the amount of sales and use tax remitted in the 12-month period
 3166  ending June 30 of the previous calendar year. No collection
 3167  allowance is allowed on the total tax remitted by any seller,
 3168  person, lessor, dealer, owner, or remitter in any month in
 3169  excess of:
 3170         1. The amount of $750,000, if the total amount remitted by
 3171  all dealers in the previous year was equal to or less than $1
 3172  billion;
 3173         2. The amount of $1 million, if the total amount remitted
 3174  by all dealers in the previous year was greater than $1 billion
 3175  but equal to or less than $2.5 billion;
 3176         3. The amount of $3 million, if the total amount remitted
 3177  by all dealers in the previous year was greater than $2.5
 3178  billion but equal to or less than $5 billion;
 3179         4. The amount of $5 million, if the total amount remitted
 3180  by all dealers in the previous year was greater than $5 billion
 3181  but equal to or less than $7.5 billion;
 3182         5. The amount of $7 million, if the total amount remitted
 3183  by all dealers in the previous year was greater than $7.5
 3184  billion but equal to or less than $10 billion; or
 3185         6. The amount of $10 million, if the total amount remitted
 3186  by all dealers in the previous year was greater than $10
 3187  billion. (except dealers who make mail order sales) shall be
 3188  allowed 2.5 percent of the amount of the tax due and accounted
 3189  for and remitted to the department, in the form of a deduction
 3190  in submitting his or her report and paying the amount due by him
 3191  or her; the department shall allow such deduction of 2.5 percent
 3192  of the amount of the tax to the person paying the same for
 3193  remitting the tax and making of tax returns in the manner herein
 3194  provided, for paying the amount due to be paid by him or her,
 3195  and as further compensation to dealers in tangible personal
 3196  property for the keeping of prescribed records and for
 3197  collection of taxes and remitting the same. However, if the
 3198  amount of the tax due and remitted to the department for the
 3199  reporting period exceeds $1,200, no allowance shall be allowed
 3200  for all amounts in excess of $1,200. The executive director of
 3201  the department is authorized to negotiate a collection
 3202  allowance, pursuant to rules promulgated by the department, with
 3203  a dealer who makes mail order sales. The rules of the department
 3204  shall provide guidelines for establishing the collection
 3205  allowance based upon the dealer’s estimated costs of collecting
 3206  the tax, the volume and value of the dealer’s mail order sales
 3207  to purchasers in this state, and the administrative and legal
 3208  costs and likelihood of achieving collection of the tax absent
 3209  the cooperation of the dealer. However, in no event shall the
 3210  collection allowance negotiated by the executive director exceed
 3211  10 percent of the tax remitted for a reporting period.
 3212         (c)(a) The Department of Revenue may deny the collection
 3213  allowance if a taxpayer files an incomplete return or if the
 3214  required tax return or tax is delinquent at the time of payment.
 3215         1. An “incomplete return” is, for purposes of this chapter,
 3216  a return that which is lacking such uniformity, completeness,
 3217  and arrangement that the physical handling, verification, review
 3218  of the return, or determination of other taxes and fees reported
 3219  on the return may not be readily accomplished.
 3220         2. The department shall adopt rules requiring such
 3221  information as it may deem necessary to ensure that the tax
 3222  levied hereunder is properly collected, reviewed, compiled,
 3223  reported, and enforced, including, but not limited to: the
 3224  amount of gross sales; the amount of taxable sales; the amount
 3225  of tax collected or due; the amount of lawful refunds,
 3226  deductions, or credits claimed; the amount claimed as the
 3227  dealer’s collection allowance; the amount of penalty and
 3228  interest; the amount due with the return; and such other
 3229  information as the Department of Revenue may specify. The
 3230  department shall require that transient rentals and agricultural
 3231  equipment transactions be separately shown. Sales made through
 3232  vending machines as defined in s. 212.0515 must be separately
 3233  shown on the return. Sales made through coin-operated amusement
 3234  machines as defined by s. 212.02 and the number of machines
 3235  operated must be separately shown on the return or on a form
 3236  prescribed by the department. If a separate form is required,
 3237  the same penalties for late filing, incomplete filing, or
 3238  failure to file as provided for the sales tax return shall apply
 3239  to said form.
 3240         (d)(b) The collection allowance and other credits or
 3241  deductions provided in this chapter shall be applied
 3242  proportionally to any taxes or fees reported on the same
 3243  documents used for the sales and use tax.
 3244         (e)(c)1. A dealer entitled to the collection allowance
 3245  provided in this section may elect to forego the collection
 3246  allowance and direct that said amount be transferred into the
 3247  Educational Enhancement Trust Fund. Such an election must be
 3248  made with the timely filing of a return and may not be rescinded
 3249  once made. If a dealer who makes such an election files a
 3250  delinquent return, underpays the tax, or files an incomplete
 3251  return, the amount transferred into the Educational Enhancement
 3252  Trust Fund shall be the amount of the collection allowance
 3253  remaining after resolution of liability for all of the tax,
 3254  interest, and penalty due on that return or underpayment of tax.
 3255  The Department of Education shall distribute the remaining
 3256  amount from the trust fund to the school districts that have
 3257  adopted resolutions stating that those funds will be used to
 3258  ensure that up-to-date technology is purchased for the
 3259  classrooms in the district and that teachers are trained in the
 3260  use of that technology. Revenues collected in districts that do
 3261  not adopt such a resolution shall be equally distributed to
 3262  districts that have adopted such resolutions.
 3263         2. This paragraph applies to all taxes, surtaxes, and any
 3264  local option taxes administered under this chapter and remitted
 3265  directly to the department. This paragraph does not apply to any
 3266  locally imposed and self-administered convention development
 3267  tax, tourist development tax, or tourist impact tax administered
 3268  under this chapter.
 3269         3. Revenues from the dealer-collection allowances shall be
 3270  transferred quarterly from the General Revenue Fund to the
 3271  Educational Enhancement Trust Fund. The Department of Revenue
 3272  shall provide to the Department of Education quarterly
 3273  information about such revenues by county to which the
 3274  collection allowance was attributed.
 3275  
 3276  Notwithstanding any provision of chapter 120 to the contrary,
 3277  the Department of Revenue may adopt rules to carry out the
 3278  amendment made by chapter 2006-52, Laws of Florida, to this
 3279  section.
 3280         (f)Notwithstanding paragraph (a), a small remote seller
 3281  may elect to receive a collection allowance of 20 percent of the
 3282  tax to be remitted to the state, not to exceed compensation of
 3283  $85 in any month in lieu of compensation provided in paragraph
 3284  (b). Such election is effective for a 6-month period beginning
 3285  with the first month that such seller collects Florida tax.
 3286  After 6 months, the collection allowance shall be those rates
 3287  established in paragraph (b). The increased amount of collection
 3288  allowance permitted by this paragraph is available to a small
 3289  remote seller that begins collecting tax for the state within
 3290  the first 12 months following the date of registration.
 3291         (g) If sales and use tax collection from remote sellers is
 3292  not greater than 20 percent of the amount determined by the
 3293  Revenue Estimating Conference of potential collections by July
 3294  1, 2014, the collection allowance permitted by this subsection
 3295  shall be reduced to 2.5 percent of tax collected, not to exceed
 3296  $30.
 3297         (h) Notwithstanding paragraphs (a) and (b), a Model 1
 3298  seller, as defined in s. 213.256, is not entitled to the
 3299  collection allowance described in paragraphs (a) and (b).
 3300         (i)1. In addition to any collection allowance that may be
 3301  provided under this subsection, the department may provide the
 3302  monetary allowances required to be provided by the state to
 3303  certified service providers and voluntary sellers pursuant to
 3304  Article VI of the Streamlined Sales and Use Tax Agreement, as
 3305  amended.
 3306         2. Such monetary allowances must be in the form of
 3307  collection allowances that certified service providers or
 3308  voluntary sellers are permitted to retain from the tax revenues
 3309  collected on remote sales to be remitted to the state pursuant
 3310  to this chapter.
 3311         (j) As used in this subsection, the term:
 3312         1. “Small remote seller” means a new remote seller that has
 3313  gross national remote sales of not more than $5 million and
 3314  would not otherwise be required to register in this state.
 3315         2. “New remote seller” means a remote seller that registers
 3316  under the agreement, as provided in s. 213.2567, and that was
 3317  not previously required to collect sales or use tax. A seller
 3318  merely reincorporating, changing its name, or having a change in
 3319  ownership or any other similar change in its business structure
 3320  or operation is not a new remote seller.
 3321         3. “Remote seller” means a seller that would not be
 3322  registered in this state but for the ability of this state to
 3323  require the seller to collect sales or use tax under federal
 3324  authority.
 3325         (2)(a) When any person required hereunder to make any
 3326  return or to pay any tax or fee imposed by this chapter either
 3327  fails to timely file such return or fails to pay the tax or fee
 3328  shown due on the return within the time required hereunder, in
 3329  addition to all other penalties provided herein and by the laws
 3330  of this state in respect to such taxes or fees, a specific
 3331  penalty shall be added to the tax or fee in the amount of 10
 3332  percent of either the tax or fee shown on the return that is not
 3333  timely filed or any tax or fee not paid timely. The penalty may
 3334  not be less than $50 for failure to timely file a tax return
 3335  required by s. 212.11(1) or timely pay the tax or fee shown due
 3336  on the return except as provided in s. 213.21(10). If a person
 3337  fails to timely file a return required by s. 212.11(1) and to
 3338  timely pay the tax or fee shown due on the return, only one
 3339  penalty of 10 percent, which may not be less than $50, shall be
 3340  imposed.
 3341         (b) When any person required under this section to make a
 3342  return or to pay a tax or fee imposed by this chapter fails to
 3343  disclose the tax or fee on the return within the time required,
 3344  excluding a noncompliant filing event generated by situations
 3345  covered in paragraph (a), in addition to all other penalties
 3346  provided in this section and by the laws of this state in
 3347  respect to such taxes or fees, a specific penalty shall be added
 3348  to the additional tax or fee owed in the amount of 10 percent of
 3349  any such unpaid tax or fee not paid timely if the failure is for
 3350  not more than 30 days, with an additional 10 percent of any such
 3351  unpaid tax or fee for each additional 30 days, or fraction
 3352  thereof, while the failure continues, not to exceed a total
 3353  penalty of 50 percent, in the aggregate, of any unpaid tax or
 3354  fee.
 3355         (c) Any person who knowingly and with a willful intent to
 3356  evade any tax imposed under this chapter fails to file six
 3357  consecutive returns as required by law commits a felony of the
 3358  third degree, punishable as provided in s. 775.082 or s.
 3359  775.083.
 3360         (d) Any person who makes a false or fraudulent return with
 3361  a willful intent to evade payment of any tax or fee imposed
 3362  under this chapter; any person who, after the department’s
 3363  delivery of a written notice to the person’s last known address
 3364  specifically alerting the person of the requirement to register
 3365  the person’s business as a dealer, intentionally fails to
 3366  register the business; and any person who, after the
 3367  department’s delivery of a written notice to the person’s last
 3368  known address specifically alerting the person of the
 3369  requirement to collect tax on specific transactions,
 3370  intentionally fails to collect such tax, shall, in addition to
 3371  the other penalties provided by law, be liable for a specific
 3372  penalty of 100 percent of any unreported or any uncollected tax
 3373  or fee and, upon conviction, for fine and punishment as provided
 3374  in s. 775.082, s. 775.083, or s. 775.084. Delivery of written
 3375  notice may be made by certified mail, or by the use of such
 3376  other method as is documented as being necessary and reasonable
 3377  under the circumstances. The civil and criminal penalties
 3378  imposed herein for failure to comply with a written notice
 3379  alerting the person of the requirement to register the person’s
 3380  business as a dealer or to collect tax on specific transactions
 3381  shall not apply if the person timely files a written challenge
 3382  to such notice in accordance with procedures established by the
 3383  department by rule or the notice fails to clearly advise that
 3384  failure to comply with or timely challenge the notice will
 3385  result in the imposition of the civil and criminal penalties
 3386  imposed herein.
 3387         1. If the total amount of unreported or uncollected taxes
 3388  or fees is less than $300, the first offense resulting in
 3389  conviction is a misdemeanor of the second degree, the second
 3390  offense resulting in conviction is a misdemeanor of the first
 3391  degree, and the third and all subsequent offenses resulting in
 3392  conviction is a misdemeanor of the first degree, and the third
 3393  and all subsequent offenses resulting in conviction are felonies
 3394  of the third degree.
 3395         2. If the total amount of unreported or uncollected taxes
 3396  or fees is $300 or more but less than $20,000, the offense is a
 3397  felony of the third degree.
 3398         3. If the total amount of unreported or uncollected taxes
 3399  or fees is $20,000 or more but less than $100,000, the offense
 3400  is a felony of the second degree.
 3401         4. If the total amount of unreported or uncollected taxes
 3402  or fees is $100,000 or more, the offense is a felony of the
 3403  first degree.
 3404         (e) A person who willfully attempts in any manner to evade
 3405  any tax, surcharge, or fee imposed under this chapter or the
 3406  payment thereof is, in addition to any other penalties provided
 3407  by law, liable for a specific penalty in the amount of 100
 3408  percent of the tax, surcharge, or fee, and commits a felony of
 3409  the third degree, punishable as provided in s. 775.082, s.
 3410  775.083, or s. 775.084.
 3411         (f) When any person, firm, or corporation fails to timely
 3412  remit the proper estimated payment required under s. 212.11, a
 3413  specific penalty shall be added in an amount equal to 10 percent
 3414  of any unpaid estimated tax. Beginning with January 1, 1985,
 3415  returns, the department, upon a showing of reasonable cause, is
 3416  authorized to waive or compromise penalties imposed by this
 3417  paragraph. However, other penalties and interest shall be due
 3418  and payable if the return on which the estimated payment was due
 3419  was not timely or properly filed.
 3420         (g) A dealer who files a consolidated return pursuant to s.
 3421  212.11(1)(e) is subject to the penalty established in paragraph
 3422  (e) unless the dealer has paid the required estimated tax for
 3423  his or her consolidated return as a whole without regard to each
 3424  location. If the dealer fails to pay the required estimated tax
 3425  for his or her consolidated return as a whole, each filing
 3426  location shall stand on its own with respect to calculating
 3427  penalties pursuant to paragraph (f).
 3428         (3) When any dealer, or other person charged herein, fails
 3429  to remit the tax, or any portion thereof, on or before the day
 3430  when such tax is required by law to be paid, there shall be
 3431  added to the amount due interest at the rate of 1 percent per
 3432  month of the amount due from the date due until paid. Interest
 3433  on the delinquent tax shall be calculated beginning on the 21st
 3434  day of the month following the month for which the tax is due,
 3435  except as otherwise provided in this chapter.
 3436         (4) All penalties and interest imposed by this chapter
 3437  shall be payable to and collectible by the department in the
 3438  same manner as if they were a part of the tax imposed. The
 3439  department may settle or compromise any such interest or
 3440  penalties pursuant to s. 213.21.
 3441         (5)(a) The department is authorized to audit or inspect the
 3442  records and accounts of dealers defined herein, including audits
 3443  or inspections of dealers who make mail order sales to the
 3444  extent permitted by another state, and to correct by credit any
 3445  overpayment of tax, and, in the event of a deficiency, an
 3446  assessment shall be made and collected. No administrative
 3447  finding of fact is necessary prior to the assessment of any tax
 3448  deficiency.
 3449         (b) In the event any dealer or other person charged herein
 3450  fails or refuses to make his or her records available for
 3451  inspection so that no audit or examination has been made of the
 3452  books and records of such dealer or person, fails or refuses to
 3453  register as a dealer, fails to make a report and pay the tax as
 3454  provided by this chapter, makes a grossly incorrect report or
 3455  makes a report that is false or fraudulent, then, in such event,
 3456  it shall be the duty of the department to make an assessment
 3457  from an estimate based upon the best information then available
 3458  to it for the taxable period of retail sales of such dealer, the
 3459  gross proceeds from rentals, the total admissions received,
 3460  amounts received from leases of tangible personal property by
 3461  such dealer, or of the cost price of all articles of tangible
 3462  personal property imported by the dealer for use or consumption
 3463  or distribution or storage to be used or consumed in this state,
 3464  or of the sales or cost price of all services the sale or use of
 3465  which is taxable under this chapter, together with interest,
 3466  plus penalty, if such have accrued, as the case may be. Then the
 3467  department shall proceed to collect such taxes, interest, and
 3468  penalty on the basis of such assessment, which shall be
 3469  considered prima facie correct, and the burden to show the
 3470  contrary shall rest upon the dealer, seller, owner, or lessor,
 3471  as the case may be.
 3472         (6)(a) The department is given the power to prescribe the
 3473  records to be kept by all persons subject to taxes imposed by
 3474  this chapter. It shall be the duty of every person required to
 3475  make a report and pay any tax under this chapter, every person
 3476  receiving rentals or license fees, and owners of places of
 3477  admission, to keep and preserve suitable records of the sales,
 3478  leases, rentals, license fees, admissions, or purchases, as the
 3479  case may be, taxable under this chapter; such other books of
 3480  account as may be necessary to determine the amount of the tax
 3481  due hereunder; and other information as may be required by the
 3482  department. It shall be the duty of every such person so charged
 3483  with such duty, moreover, to keep and preserve as long as
 3484  required by s. 213.35 all invoices and other records of goods,
 3485  wares, and merchandise; records of admissions, leases, license
 3486  fees and rentals; and records of all other subjects of taxation
 3487  under this chapter. All such books, invoices, and other records
 3488  shall be open to examination at all reasonable hours to the
 3489  department or any of its duly authorized agents.
 3490         (b) For the purpose of this subsection, if a dealer does
 3491  not have adequate records of his or her retail sales or
 3492  purchases, the department may, upon the basis of a test or
 3493  sampling of the dealer’s available records or other information
 3494  relating to the sales or purchases made by such dealer for a
 3495  representative period, determine the proportion that taxable
 3496  retail sales bear to total retail sales or the proportion that
 3497  taxable purchases bear to total purchases. This subsection does
 3498  not affect the duty of the dealer to collect, or the liability
 3499  of any consumer to pay, any tax imposed by or pursuant to this
 3500  chapter.
 3501         (c)1. If the records of a dealer are adequate but
 3502  voluminous in nature and substance, the department may sample
 3503  such records and project the audit findings derived therefrom
 3504  over the entire audit period to determine the proportion that
 3505  taxable retail sales bear to total retail sales or the
 3506  proportion that taxable purchases bear to total purchases. In
 3507  order to conduct such a sample, the department must first make a
 3508  good faith effort to reach an agreement with the dealer, which
 3509  agreement provides for the means and methods to be used in the
 3510  sampling process. In the event that no agreement is reached, the
 3511  dealer is entitled to a review by the executive director. In the
 3512  case of fixed assets, a dealer may agree in writing with the
 3513  department for adequate but voluminous records to be
 3514  statistically sampled. Such an agreement shall provide for the
 3515  methodology to be used in the statistical sampling process. The
 3516  audit findings derived therefrom shall be projected over the
 3517  period represented by the sample in order to determine the
 3518  proportion that taxable purchases bear to total purchases. Once
 3519  an agreement has been signed, it is final and conclusive with
 3520  respect to the method of sampling fixed assets, and the
 3521  department may not conduct a detailed audit of fixed assets, and
 3522  the taxpayer may not request a detailed audit after the
 3523  agreement is reached.
 3524         2. For the purposes of sampling pursuant to subparagraph
 3525  1., the department shall project any deficiencies and
 3526  overpayments derived therefrom over the entire audit period. In
 3527  determining the dealer’s compliance, the department shall reduce
 3528  any tax deficiency as derived from the sample by the amount of
 3529  any overpayment derived from the sample. In the event the
 3530  department determines from the sample results that the dealer
 3531  has a net tax overpayment, the department shall provide the
 3532  findings of this overpayment to the Chief Financial Officer for
 3533  repayment of funds paid into the State Treasury through error
 3534  pursuant to s. 215.26.
 3535         3.a. A taxpayer is entitled, both in connection with an
 3536  audit and in connection with an application for refund filed
 3537  independently of any audit, to establish the amount of any
 3538  refund or deficiency through statistical sampling when the
 3539  taxpayer’s records are adequate but voluminous. In the case of
 3540  fixed assets, a dealer may agree in writing with the department
 3541  for adequate but voluminous records to be statistically sampled.
 3542  Such an agreement shall provide for the methodology to be used
 3543  in the statistical sampling process. The audit findings derived
 3544  therefrom shall be projected over the period represented by the
 3545  sample in order to determine the proportion that taxable
 3546  purchases bear to total purchases. Once an agreement has been
 3547  signed, it is final and conclusive with respect to the method of
 3548  sampling fixed assets, and the department may not conduct a
 3549  detailed audit of fixed assets, and the taxpayer may not request
 3550  a detailed audit after the agreement is reached.
 3551         b. Alternatively, a taxpayer is entitled to establish any
 3552  refund or deficiency through any other sampling method agreed
 3553  upon by the taxpayer and the department when the taxpayer’s
 3554  records, other than those regarding fixed assets, are adequate
 3555  but voluminous. Whether done through statistical sampling or any
 3556  other sampling method agreed upon by the taxpayer and the
 3557  department, the completed sample must reflect both overpayments
 3558  and underpayments of taxes due. The sample shall be conducted
 3559  through:
 3560         (I) A taxpayer request to perform the sampling through the
 3561  certified audit program pursuant to s. 213.285;
 3562         (II) Attestation by a certified public accountant as to the
 3563  adequacy of the sampling method utilized and the results reached
 3564  using such sampling method; or
 3565         (III) A sampling method that has been submitted by the
 3566  taxpayer and approved by the department before a refund claim is
 3567  submitted. This sub-sub-subparagraph does not prohibit a
 3568  taxpayer from filing a refund claim prior to approval by the
 3569  department of the sampling method; however, a refund claim
 3570  submitted before the sampling method has been approved by the
 3571  department cannot be a complete refund application pursuant to
 3572  s. 213.255 until the sampling method has been approved by the
 3573  department.
 3574         c. The department shall prescribe by rule the procedures to
 3575  be followed under each method of sampling. Such procedures shall
 3576  follow generally accepted auditing procedures for sampling. The
 3577  rule shall also set forth other criteria regarding the use of
 3578  sampling, including, but not limited to, training requirements,
 3579  which that must be met before a sampling method may be utilized
 3580  and the steps necessary for the department and the taxpayer to
 3581  reach agreement on a sampling method submitted by the taxpayer
 3582  for approval by the department.
 3583         (7) In the event the dealer has imported tangible personal
 3584  property and he or she fails to produce an invoice showing the
 3585  cost price of the articles, as defined in this chapter, which
 3586  are subject to tax, or the invoice does not reflect the true or
 3587  actual cost price as defined herein, then the department shall
 3588  ascertain, in any manner feasible, the true cost price, and
 3589  assess and collect the tax thereon with interest plus penalties,
 3590  if such have accrued on the true cost price as assessed by it.
 3591  The assessment so made shall be considered prima facie correct,
 3592  and the duty shall be on the dealer to show to the contrary.
 3593         (8) In the case of the lease or rental of tangible personal
 3594  property, or other rentals or license fees as herein defined and
 3595  taxed, if the consideration given or reported by the lessor,
 3596  person receiving rental or license fee, or dealer does not, in
 3597  the judgment of the department, represent the true or actual
 3598  consideration, then the department is authorized to ascertain
 3599  the same and assess and collect the tax thereon in the same
 3600  manner as above provided, with respect to imported tangible
 3601  property, together with interest, plus penalties, if such have
 3602  accrued.
 3603         (9) Taxes imposed by this chapter upon the privilege of the
 3604  use, consumption, storage for consumption, or sale of tangible
 3605  personal property, admissions, license fees, rentals,
 3606  communication services, and upon the sale or use of services as
 3607  herein taxed shall be collected upon the basis of an addition of
 3608  the tax imposed by this chapter to the total price of such
 3609  admissions, license fees, rentals, communication or other
 3610  services, or sale price of such article or articles that are
 3611  purchased, sold, or leased at any one time by or to a customer
 3612  or buyer; the dealer, or person charged herein, is required to
 3613  pay a privilege tax in the amount of the tax imposed by this
 3614  chapter on the total of his or her gross sales of tangible
 3615  personal property, admissions, license fees, rentals, and
 3616  communication services or to collect a tax upon the sale or use
 3617  of services, and such person or dealer shall add the tax imposed
 3618  by this chapter to the price, license fee, rental, or
 3619  admissions, and communication or other services and collect the
 3620  total sum from the purchaser, admittee, licensee, lessee, or
 3621  consumer. In computing the tax due or to be collected as the
 3622  result of any transaction, the dealer may elect to compute the
 3623  tax due on a transaction on a per-item basis or on an invoice
 3624  basis, consistent with the definition of the term “sales price.”
 3625  The tax rate shall be the sum of the applicable state and local
 3626  rates, if any, and the tax computation shall be carried to the
 3627  third decimal place. Whenever the third decimal place is greater
 3628  than four, the tax shall be rounded to the next whole cent. The
 3629  department shall make available in an electronic format or
 3630  otherwise the tax amounts and the following brackets applicable
 3631  to all transactions taxable at the rate of 6 percent:
 3632         (a)On single sales of less than 10 cents, no tax shall be
 3633  added.
 3634         (b)On single sales in amounts from 10 cents to 16 cents,
 3635  both inclusive, 1 cent shall be added for taxes.
 3636         (c)On sales in amounts from 17 cents to 33 cents, both
 3637  inclusive, 2 cents shall be added for taxes.
 3638         (d)On sales in amounts from 34 cents to 50 cents, both
 3639  inclusive, 3 cents shall be added for taxes.
 3640         (e)On sales in amounts from 51 cents to 66 cents, both
 3641  inclusive, 4 cents shall be added for taxes.
 3642         (f)On sales in amounts from 67 cents to 83 cents, both
 3643  inclusive, 5 cents shall be added for taxes.
 3644         (g)On sales in amounts from 84 cents to $1, both
 3645  inclusive, 6 cents shall be added for taxes.
 3646         (h)On sales in amounts of more than $1, 6 percent shall be
 3647  charged upon each dollar of price, plus the appropriate bracket
 3648  charge upon any fractional part of a dollar.
 3649         (10)In counties which have adopted a discretionary sales
 3650  surtax at the rate of 1 percent, the department shall make
 3651  available in an electronic format or otherwise the tax amounts
 3652  and the following brackets applicable to all taxable
 3653  transactions that would otherwise have been transactions taxable
 3654  at the rate of 6 percent:
 3655         (a)On single sales of less than 10 cents, no tax shall be
 3656  added.
 3657         (b)On single sales in amounts from 10 cents to 14 cents,
 3658  both inclusive, 1 cent shall be added for taxes.
 3659         (c)On sales in amounts from 15 cents to 28 cents, both
 3660  inclusive, 2 cents shall be added for taxes.
 3661         (d)On sales in amounts from 29 cents to 42 cents, both
 3662  inclusive, 3 cents shall be added for taxes.
 3663         (e)On sales in amounts from 43 cents to 57 cents, both
 3664  inclusive, 4 cents shall be added for taxes.
 3665         (f)On sales in amounts from 58 cents to 71 cents, both
 3666  inclusive, 5 cents shall be added for taxes.
 3667         (g)On sales in amounts from 72 cents to 85 cents, both
 3668  inclusive, 6 cents shall be added for taxes.
 3669         (h)On sales in amounts from 86 cents to $1, both
 3670  inclusive, 7 cents shall be added for taxes.
 3671         (i)On sales in amounts from $1 up to, and including, the
 3672  first $5,000 in price, 7 percent shall be charged upon each
 3673  dollar of price, plus the appropriate bracket charge upon any
 3674  fractional part of a dollar.
 3675         (j)On sales in amounts of more than $5,000 in price, 7
 3676  percent shall be added upon the first $5,000 in price, and 6
 3677  percent shall be added upon each dollar of price in excess of
 3678  the first $5,000 in price, plus the bracket charges upon any
 3679  fractional part of a dollar as provided for in subsection (9).
 3680         (11)The department shall make available in an electronic
 3681  format or otherwise the tax amounts and brackets applicable to
 3682  all taxable transactions that occur in counties that have a
 3683  surtax at a rate other than 1 percent which transactions would
 3684  otherwise have been transactions taxable at the rate of 6
 3685  percent. Likewise, the department shall make available in an
 3686  electronic format or otherwise the tax amounts and brackets
 3687  applicable to transactions taxable at 7 percent pursuant to s.
 3688  212.05(1)(e) and on transactions which would otherwise have been
 3689  so taxable in counties which have adopted a discretionary sales
 3690  surtax.
 3691         (10)(12)The Legislature intends It is hereby declared to
 3692  be the legislative intent that, whenever in the construction,
 3693  administration, or enforcement of this chapter there may be any
 3694  question respecting a duplication of the tax, the end consumer,
 3695  or the last retail sale, is be the sale intended to be taxed and
 3696  insofar as may be practicable there be no duplication or
 3697  pyramiding of the tax.
 3698         (11)(13) In order to aid the administration and enforcement
 3699  of the provisions of this chapter with respect to the rentals
 3700  and license fees, each lessor or person granting the use of any
 3701  hotel, apartment house, roominghouse, tourist or trailer camp,
 3702  real property, or any interest therein, or any portion thereof,
 3703  inclusive of owners; property managers; lessors; landlords;
 3704  hotel, apartment house, and roominghouse operators; and all
 3705  licensed real estate agents within the state leasing, granting
 3706  the use of, or renting such property, shall be required to keep
 3707  a record of each and every such lease, license, or rental
 3708  transaction that which is taxable under this chapter, in such a
 3709  manner and upon such forms as the department may prescribe, and
 3710  to report such transaction to the department or its designated
 3711  agents, and to maintain such records as long as required by s.
 3712  213.35, subject to the inspection of the department and its
 3713  agents. Upon the failure by such owner; property manager;
 3714  lessor; landlord; hotel, apartment house, roominghouse, tourist
 3715  or trailer camp operator; or real estate agent to keep and
 3716  maintain such records and to make such reports upon the forms
 3717  and in the manner prescribed, such owner; property manager;
 3718  lessor; landlord; hotel, apartment house, roominghouse, tourist
 3719  or trailer camp operator; receiver of rent or license fees; or
 3720  real estate agent commits is guilty of a misdemeanor of the
 3721  second degree, punishable as provided in s. 775.082 or s.
 3722  775.083, for the first offense; for subsequent offenses, they
 3723  are each is guilty of a misdemeanor of the first degree,
 3724  punishable as provided in s. 775.082 or s. 775.083. If, however,
 3725  any subsequent offense involves intentional destruction of such
 3726  records with an intent to evade payment of or deprive the state
 3727  of any tax revenues, such subsequent offense is shall be a
 3728  felony of the third degree, punishable as provided in s. 775.082
 3729  or s. 775.083.
 3730         (14)If it is determined upon audit that a dealer has
 3731  collected and remitted taxes by applying the applicable tax rate
 3732  to each transaction as described in subsection (9) and rounding
 3733  the tax due to the nearest whole cent rather than applying the
 3734  appropriate bracket system provided by law or department rule,
 3735  the dealer shall not be held liable for additional tax, penalty,
 3736  and interest resulting from such failure if:
 3737         (a)The dealer acted in a good faith belief that rounding
 3738  to the nearest whole cent was the proper method of determining
 3739  the amount of tax due on each taxable transaction.
 3740         (b)The dealer timely reported and remitted all taxes
 3741  collected on each taxable transaction.
 3742         (c)The dealer agrees in writing to future compliance with
 3743  the laws and rules concerning brackets applicable to the
 3744  dealer’s transactions.
 3745         Section 16. Subsection (1) of section 212.15, Florida
 3746  Statutes, is amended to read:
 3747         212.15 Taxes declared state funds; penalties for failure to
 3748  remit taxes; due and delinquent dates; judicial review.—
 3749         (1) The taxes imposed by this chapter shall, except as
 3750  provided in s. 212.06(5)(a)2.e., become state funds at the
 3751  moment of collection and shall for each month be due to the
 3752  department on the first day of the succeeding month and be
 3753  delinquent on the 21st day of such month. All returns postmarked
 3754  after the 20th day of such month are delinquent.
 3755         Section 17. Subsection (3) of section 212.17, Florida
 3756  Statutes, is amended to read:
 3757         212.17 Credits for returned goods, rentals, or admissions;
 3758  goods acquired for dealer’s own use and subsequently resold;
 3759  additional powers of department.—
 3760         (3) A dealer who has remitted paid the tax imposed by this
 3761  chapter on tangible personal property or services may take a
 3762  credit or obtain a refund for any tax remitted paid by the
 3763  dealer on the unpaid balance due on bad debts worthless accounts
 3764  within 12 months following the month in which the bad debt was
 3765  has been charged off as uncollectable in the dealer’s books and
 3766  records and was eligible to be deducted for federal income tax
 3767  purposes. A credit or refund based on a bad debt may not include
 3768  finance charges or interest, sales tax, uncollectible amounts on
 3769  property that remain in the possession of the selling dealer,
 3770  expenses incurred in collection efforts, or any amounts relating
 3771  to repossessed property.
 3772         (a)A dealer who is taking a credit against or obtaining a
 3773  refund on worthless accounts shall calculate the amount of the
 3774  deduction pursuant to 26 U.S.C. s. 166.
 3775         (b)When the amount of bad debt exceeds the amount of
 3776  taxable sales for the period during which the bad debt is
 3777  charged off, a refund claim must be filed, notwithstanding s.
 3778  215.26(2), within the period prescribed in this subsection.
 3779         (c) If any accounts so charged off for which a credit or
 3780  refund has been obtained are thereafter in whole or in part paid
 3781  to the dealer, the amount so paid shall be included in the first
 3782  return filed after such collection and the tax paid accordingly.
 3783         (d)If filing responsibilities have been assumed by a
 3784  certified service provider, the certified service provider shall
 3785  claim, on behalf of the dealer, any bad-debt allowance provided
 3786  by this subsection. The certified service provider shall credit
 3787  or refund to the dealer the full amount of any bad-debt
 3788  allowance or refund received.
 3789         (e)For purposes of reporting a payment received on a
 3790  previously claimed bad debt, any payments made on a debt or
 3791  account shall first be applied proportionally to the taxable
 3792  price of the property or service and the sales tax on such
 3793  property, and second to any interest, service charges, and any
 3794  other charges.
 3795         (f)In situations in which the books and records of the
 3796  dealer or certified service provider making the claim for a bad
 3797  debt allowance support an allocation of the bad debts among
 3798  states, the department may permit the allocation among states.
 3799         Section 18. Paragraphs (a) and (e) of subsection (3) of
 3800  section 212.18, Florida Statutes, are amended to read:
 3801         212.18 Administration of law; registration of dealers;
 3802  rules.—
 3803         (3)(a) Every person desiring to engage in or conduct
 3804  business in this state as a dealer, as defined in this chapter,
 3805  or to lease, rent, or let or grant licenses in living quarters
 3806  or sleeping or housekeeping accommodations in hotels, apartment
 3807  houses, roominghouses, or tourist or trailer camps that are
 3808  subject to tax under s. 212.03, or to lease, rent, or let or
 3809  grant licenses in real property, as defined in this chapter, and
 3810  every person who sells or receives anything of value by way of
 3811  admissions, must file with the department an application for a
 3812  certificate of registration for each place of business, showing
 3813  the names of the persons who have interests in such business and
 3814  their residences, the address of the business, and such other
 3815  data as the department may reasonably require. However, owners
 3816  and operators of vending machines or newspaper rack machines are
 3817  required to obtain only one certificate of registration for each
 3818  county in which such machines are located. The department, by
 3819  rule, may authorize a dealer that uses independent sellers to
 3820  sell its merchandise to remit tax on the retail sales price
 3821  charged to the ultimate consumer in lieu of having the
 3822  independent seller register as a dealer and remit the tax. The
 3823  department may appoint the county tax collector as the
 3824  department’s agent to accept applications for registrations. The
 3825  application must be made to the department before the person,
 3826  firm, copartnership, or corporation may engage in such business,
 3827  and it must be accompanied by a registration fee of $5. However,
 3828  a registration fee is not required to accompany an application
 3829  to engage in or conduct business to make mail order sales. The
 3830  department may waive the registration fee for applications
 3831  submitted through the department’s Internet registration process
 3832  or the multistate electronic registration system.
 3833         (e) As used in this paragraph, the term “exhibitor” means a
 3834  person who enters into an agreement authorizing the display of
 3835  tangible personal property or services at a convention or a
 3836  trade show. The following provisions apply to the registration
 3837  of exhibitors as dealers under this chapter:
 3838         1. An exhibitor whose agreement prohibits the sale of
 3839  tangible personal property or services subject to the tax
 3840  imposed in this chapter is not required to register as a dealer.
 3841         2. An exhibitor whose agreement provides for the sale at
 3842  wholesale only of tangible personal property or services subject
 3843  to the tax imposed in this chapter must obtain a resale
 3844  certificate from the purchasing dealer but is not required to
 3845  register as a dealer.
 3846         3. An exhibitor whose agreement authorizes the retail sale
 3847  of tangible personal property or services subject to the tax
 3848  imposed in this chapter must register as a dealer and collect
 3849  the tax imposed under this chapter on such sales.
 3850         4.Any exhibitor who makes a mail order sale pursuant to s.
 3851  212.0596 must register as a dealer.
 3852  
 3853  Any person who conducts a convention or a trade show must make
 3854  their exhibitor’s agreements available to the department for
 3855  inspection and copying.
 3856         Section 19. Section 212.20, Florida Statutes, is amended to
 3857  read:
 3858         212.20 Funds collected, disposition; additional powers of
 3859  department; operational expense; refund of taxes adjudicated
 3860  unconstitutionally collected.—
 3861         (1) The department shall pay over to the Chief Financial
 3862  Officer of the state all funds received and collected by it
 3863  under the provisions of this chapter, to be credited to the
 3864  account of the General Revenue Fund of the state.
 3865         (2) The department is authorized to employ all necessary
 3866  assistants to administer this chapter properly and is also
 3867  authorized to purchase all necessary supplies and equipment
 3868  which may be required for this purpose.
 3869         (3) The estimated amount of money needed for the
 3870  administration of this chapter shall be included by the
 3871  department in its annual legislative budget request for the
 3872  operation of its office.
 3873         (4) When there has been a final adjudication that any tax
 3874  pursuant to s. 212.0596 was levied, collected, or both, contrary
 3875  to the Constitution of the United States or the State
 3876  Constitution, the department shall, in accordance with rules,
 3877  determine, based upon claims for refund and other evidence and
 3878  information, who paid such tax or taxes, and refund to each such
 3879  person the amount of tax paid. For purposes of this subsection,
 3880  a “final adjudication” is a decision of a court of competent
 3881  jurisdiction from which no appeal can be taken or from which the
 3882  official or officials of this state with authority to make such
 3883  decisions has or have decided not to appeal.
 3884         (4)(5) For the purposes of this section, the term:
 3885         (a) “Proceeds” means all tax or fee revenue collected or
 3886  received by the department, including interest and penalties.
 3887         (b) “Reallocate” means reduction of the accounts of initial
 3888  deposit and redeposit into the indicated account.
 3889         (5)(6) Distribution of all proceeds under this chapter and
 3890  s. 202.18(1)(b) and (2)(b) shall be as follows:
 3891         (a) Proceeds from the convention development taxes
 3892  authorized under s. 212.0305 shall be reallocated to the
 3893  Convention Development Tax Clearing Trust Fund.
 3894         (b) Proceeds from discretionary sales surtaxes imposed
 3895  pursuant to ss. 212.054 and 212.055 shall be reallocated to the
 3896  Discretionary Sales Surtax Clearing Trust Fund.
 3897         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
 3898  and 212.18(3) shall remain with the General Revenue Fund.
 3899         (d) The proceeds of all other taxes and fees imposed
 3900  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 3901  and (2)(b) shall be distributed as follows:
 3902         1. In any fiscal year, the greater of $500 million, minus
 3903  an amount equal to 4.6 percent of the proceeds of the taxes
 3904  collected pursuant to chapter 201, or 5.2 percent of all other
 3905  taxes and fees imposed pursuant to this chapter or remitted
 3906  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 3907  monthly installments into the General Revenue Fund.
 3908         2. After the distribution under subparagraph 1., 8.814
 3909  percent of the amount remitted by a sales tax dealer located
 3910  within a participating county pursuant to s. 218.61 shall be
 3911  transferred into the Local Government Half-cent Sales Tax
 3912  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 3913  transferred shall be reduced by 0.1 percent, and the department
 3914  shall distribute this amount to the Public Employees Relations
 3915  Commission Trust Fund less $5,000 each month, which shall be
 3916  added to the amount calculated in subparagraph 3. and
 3917  distributed accordingly. Beginning January 1, 2012, the amount
 3918  to be transferred pursuant to this subparagraph to the Local
 3919  Government Half-cent Sales Tax Trust Fund shall be reduced each
 3920  fiscal year by an amount determined by the Revenue Estimating
 3921  Conference for implementation of the Streamlined Sales and Use
 3922  Tax Agreement in this state and that amount shall remain with
 3923  the General Revenue Fund. The Revenue Estimating Conference
 3924  shall determine the impact of implementation of the Streamlined
 3925  Sales and Use Tax Agreement by October 1, 2011.
 3926         3. After the distribution under subparagraphs 1. and 2.,
 3927  0.095 percent shall be transferred to the Local Government Half
 3928  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 3929  s. 218.65.
 3930         4. After the distributions under subparagraphs 1., 2., and
 3931  3., 2.0440 percent of the available proceeds shall be
 3932  transferred monthly to the Revenue Sharing Trust Fund for
 3933  Counties pursuant to s. 218.215.
 3934         5. After the distributions under subparagraphs 1., 2., and
 3935  3., 1.3409 percent of the available proceeds shall be
 3936  transferred monthly to the Revenue Sharing Trust Fund for
 3937  Municipalities pursuant to s. 218.215. If the total revenue to
 3938  be distributed pursuant to this subparagraph is at least as
 3939  great as the amount due from the Revenue Sharing Trust Fund for
 3940  Municipalities and the former Municipal Financial Assistance
 3941  Trust Fund in state fiscal year 1999-2000, no municipality shall
 3942  receive less than the amount due from the Revenue Sharing Trust
 3943  Fund for Municipalities and the former Municipal Financial
 3944  Assistance Trust Fund in state fiscal year 1999-2000. If the
 3945  total proceeds to be distributed are less than the amount
 3946  received in combination from the Revenue Sharing Trust Fund for
 3947  Municipalities and the former Municipal Financial Assistance
 3948  Trust Fund in state fiscal year 1999-2000, each municipality
 3949  shall receive an amount proportionate to the amount it was due
 3950  in state fiscal year 1999-2000.
 3951         6. Of the remaining proceeds:
 3952         a. In each fiscal year, the sum of $29,915,500 shall be
 3953  divided into as many equal parts as there are counties in the
 3954  state, and one part shall be distributed to each county. The
 3955  distribution among the several counties must begin each fiscal
 3956  year on or before January 5th and continue monthly for a total
 3957  of 4 months. If a local or special law required that any moneys
 3958  accruing to a county in fiscal year 1999-2000 under the then
 3959  existing provisions of s. 550.135 be paid directly to the
 3960  district school board, special district, or a municipal
 3961  government, such payment must continue until the local or
 3962  special law is amended or repealed. The state covenants with
 3963  holders of bonds or other instruments of indebtedness issued by
 3964  local governments, special districts, or district school boards
 3965  before July 1, 2000, that it is not the intent of this
 3966  subparagraph to adversely affect the rights of those holders or
 3967  relieve local governments, special districts, or district school
 3968  boards of the duty to meet their obligations as a result of
 3969  previous pledges or assignments or trusts entered into which
 3970  obligated funds received from the distribution to county
 3971  governments under then-existing s. 550.135. This distribution
 3972  specifically is in lieu of funds distributed under s. 550.135
 3973  before July 1, 2000.
 3974         b. The department shall distribute $166,667 monthly
 3975  pursuant to s. 288.1162 to each applicant certified as a
 3976  facility for a new or retained professional sports franchise
 3977  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 3978  monthly by the department to each certified applicant as defined
 3979  in s. 288.11621 for a facility for a spring training franchise.
 3980  However, not more than $416,670 may be distributed monthly in
 3981  the aggregate to all certified applicants for facilities for
 3982  spring training franchises. Distributions begin 60 days after
 3983  such certification and continue for not more than 30 years,
 3984  except as otherwise provided in s. 288.11621. A certified
 3985  applicant identified in this sub-subparagraph may not receive
 3986  more in distributions than expended by the applicant for the
 3987  public purposes provided for in s. 288.1162(5) or s.
 3988  288.11621(3).
 3989         c. Beginning 30 days after notice by the Office of Tourism,
 3990  Trade, and Economic Development to the Department of Revenue
 3991  that an applicant has been certified as the professional golf
 3992  hall of fame pursuant to s. 288.1168 and is open to the public,
 3993  $166,667 shall be distributed monthly, for up to 300 months, to
 3994  the applicant.
 3995         d. Beginning 30 days after notice by the Office of Tourism,
 3996  Trade, and Economic Development to the Department of Revenue
 3997  that the applicant has been certified as the International Game
 3998  Fish Association World Center facility pursuant to s. 288.1169,
 3999  and the facility is open to the public, $83,333 shall be
 4000  distributed monthly, for up to 168 months, to the applicant.
 4001  This distribution is subject to reduction pursuant to s.
 4002  288.1169. A lump sum payment of $999,996 shall be made, after
 4003  certification and before July 1, 2000.
 4004         7. All other proceeds must remain in the General Revenue
 4005  Fund.
 4006         Section 20. Section 213.052, Florida Statutes, is created
 4007  to read:
 4008         213.052Notice of state sales and use tax rate changes.—
 4009         (1)A sales or use tax rate change imposed under chapter
 4010  212 is effective on January 1, April 1, July 1, or October 1.
 4011  The Department of Revenue shall provide notice of the rate
 4012  change to all affected dealers at least 60 days before the
 4013  effective date of the rate change. In addition to other methods,
 4014  the department may use telephone, electronic mail, facsimile, or
 4015  other electronic means to provide notice.
 4016         (2)Failure of a dealer to receive notice does not relieve
 4017  the dealer of its obligation to collect sales or use tax.
 4018         Section 21. Section 213.0521, Florida Statutes, is created
 4019  to read:
 4020         213.0521Effective date of state sales and use tax rate
 4021  changes.—The effective date for services covering a period
 4022  starting before and ending after the statutory effective date is
 4023  as follows:
 4024         (1)For a rate increase, the new rate applies to the first
 4025  billing period starting on or after the effective date.
 4026         (2)For a rate decrease, the new rate applies to bills
 4027  rendered on or after the effective date.
 4028         Section 22. Section 213.215, Florida Statutes, is created
 4029  to read:
 4030         213.215Sales and use tax amnesty upon registration in
 4031  accordance with Streamlined Sales and Use Tax Agreement.—
 4032         (1)Amnesty shall be provided for uncollected or unpaid
 4033  sales or use tax to a dealer who registers to pay or to collect
 4034  and remit applicable sales or use tax in accordance with the
 4035  terms of the Streamlined Sales and Use Tax Agreement authorized
 4036  under s. 213.256 if the dealer was not registered with the
 4037  Department of Revenue in the 12-month period preceding the
 4038  effective date of participation in the agreement by this state.
 4039         (2)The amnesty precludes assessment for uncollected or
 4040  unpaid sales or use tax, together with penalty or interest for
 4041  sales made during the period the dealer was not registered with
 4042  the Department of Revenue, if registration occurs within 12
 4043  months after the effective date of this state’s participation in
 4044  the agreement.
 4045         (3)The amnesty is not available to a dealer with respect
 4046  to any matter for which the dealer received notice of the
 4047  commencement of an audit if the audit is not yet finally
 4048  resolved, including any related administrative and judicial
 4049  processes.
 4050         (4)The amnesty is not available for sales or use taxes
 4051  already paid or remitted to the state or to taxes collected by
 4052  the dealer.
 4053         (5)The amnesty is fully effective, absent the dealer’s
 4054  fraud or intentional misrepresentation of a material fact, as
 4055  long as the dealer continues registration and continues payment
 4056  or collection and remittance of applicable sales or use taxes
 4057  for at least 36 months.
 4058         (6)The amnesty applies only to sales or use taxes due from
 4059  a dealer in its capacity as a dealer and not to sales or use
 4060  taxes due from a dealer in its capacity as a purchaser.
 4061         Section 23. Subsections (1) and (2) of section 213.256,
 4062  Florida Statutes, are amended to read:
 4063         213.256 Simplified Sales and Use Tax Administration Act.—
 4064         (1) As used in this section and s. 213.2567, the term:
 4065         (a) “Agent” means, for purposes of carrying out the
 4066  responsibilities placed on a dealer, a person appointed by the
 4067  dealer to represent the dealer before the department.
 4068  “Department” means the Department of Revenue.
 4069         (b) “Agreement” means the Streamlined Sales and Use Tax
 4070  Agreement as amended and adopted on January 27, 2001, by the
 4071  Executive Committee of the National Conference of State
 4072  Legislatures.
 4073         (c) “Certified automated system” means software certified
 4074  jointly by the state states that are signatories to the
 4075  agreement to calculate the tax imposed by each jurisdiction on a
 4076  transaction, determine the amount of tax to remit to the
 4077  appropriate state, and maintain a record of the transaction.
 4078         (d) “Certified service provider” means an agent certified
 4079  jointly by the states that are signatories to the agreement to
 4080  perform all of the dealer’s seller’s sales tax functions other
 4081  than the dealer’s obligation to remit tax on its own purchases.
 4082         (e) “Dealer” means any person making sales, leases, or
 4083  rentals of personal property or services.
 4084         (f)“Department” means the Department of Revenue.
 4085         (g)“Governing board” means the governing board overseeing
 4086  an agreement with other states to conform the sales and use tax
 4087  laws of this state to the terms of the agreement.
 4088         (h)1.“Model 1 seller” means a dealer who has selected a
 4089  certified service provider as the dealer’s agent to perform all
 4090  of the dealer’s sales and use tax functions other than the
 4091  dealer’s obligation to remit tax on the dealer’s purchases.
 4092         2.“Model 2 seller” means a dealer who has selected a
 4093  certified automated system to perform part of the dealer’s sales
 4094  and use tax functions, but retains responsibility for remitting
 4095  the tax.
 4096         3.“Model 3 seller” means a dealer who has sales in at
 4097  least five member states, has total annual sales revenue of at
 4098  least $500 million, has a proprietary system that calculates the
 4099  amount of tax due each jurisdiction, and has entered into a
 4100  performance agreement with the member states which establishes a
 4101  tax performance standard for the dealer. As used in this
 4102  subparagraph, a dealer includes an affiliated group of dealers
 4103  using the same proprietary system.
 4104         4. “Model 4 seller” means a dealer who is registered under
 4105  the agreement and is not a model 1, model 2, or model 3 seller.
 4106         (i)(e) “Person” means an individual, trust, estate,
 4107  fiduciary, partnership, limited liability company, limited
 4108  liability partnership, corporation, or any other legal entity.
 4109         (j)“Registered under this agreement” means registration by
 4110  a dealer with the member states under the central registration
 4111  system.
 4112         (k)(f) “Sales tax” means the tax levied under chapter 212.
 4113         (g)“Seller” means any person making sales, leases, or
 4114  rentals of personal property or services.
 4115         (l)(h) “State” means any state of the United States and the
 4116  District of Columbia.
 4117         (m)(i) “Use tax” means the tax levied under chapter 212.
 4118         (2)(a) The executive director of the department is
 4119  authorized to shall enter into the agreement the Streamlined
 4120  Sales and Use Tax Agreement with one or more states to simplify
 4121  and modernize sales and use tax administration in order to
 4122  substantially reduce the burden of tax compliance for all
 4123  dealers sellers and for all types of commerce. In furtherance of
 4124  the agreement, the executive director of the department or his
 4125  or her designee shall act jointly with other states that are
 4126  members of the agreement to establish standards for
 4127  certification of a certified service provider and certified
 4128  automated systems system and central registration systems
 4129  establish performance standards for multistate sellers.
 4130         (b) The executive director of the department or his or her
 4131  designee shall take other actions reasonably required to
 4132  administer this section. Other actions authorized by this
 4133  section include, but are not limited to, the adoption of rules
 4134  and the joint procurement, with other member states, of goods
 4135  and services in furtherance of the cooperative agreement.
 4136         (c) The executive director of the department or his or her
 4137  designee may represent this state before the other states that
 4138  are signatories to the agreement.
 4139         (d)The executive director of the department or his or her
 4140  designee is authorized to prepare and submit from time to time
 4141  reports and certifications that are determined necessary
 4142  according to the terms of the agreement and to enter into other
 4143  agreements with the governing board, member states, and service
 4144  providers which the executive director determines will
 4145  facilitate the administration of the tax laws of this state.
 4146         Section 24. Section 213.2562, Florida Statutes, is created
 4147  to read:
 4148         213.2562Approval of software to calculate tax.—The
 4149  department shall review software submitted to the governing
 4150  board for certification as an automated system. If the software
 4151  accurately reflects the taxability of product categories
 4152  included in the program, the department shall certify the
 4153  approval of the software to the governing board.
 4154         Section 25. Section 213.2567, Florida Statutes, is created
 4155  to read:
 4156         213.2567Simplified sales and use tax registration;
 4157  certification; liability; and audit.—
 4158         (1)A dealer who registers under the agreement agrees to
 4159  collect and remit sales and use taxes for all taxable sales into
 4160  the member states, including member states joining after the
 4161  dealer’s registration. Withdrawal or revocation of this state
 4162  does not relieve a dealer of its responsibility to remit taxes
 4163  previously or subsequently collected on behalf of the state.
 4164         (a)When registering, the dealer may select a model 1,
 4165  model 2, or model 3 method of remittance or another method
 4166  allowed by state law to remit the taxes collected.
 4167         (b) A model 2, model 3, or model 4 seller may register in
 4168  this state as a seller that does not anticipate having any sales
 4169  in this state if the seller did not have any sales in this state
 4170  within the 12 months preceding registration. However, the seller
 4171  retains the obligation to collect and remit sales and use tax on
 4172  any sale made into this state.
 4173         (c)A dealer may be registered by an agent. This
 4174  registration must be in writing and submitted to a member state.
 4175         (2)(a)A model 1 seller is liable for any sales and use
 4176  tax, penalty, and interest due this state. A certified service
 4177  provider is the agent of a model 1 seller with whom the
 4178  certified service provider has contracted for the collection and
 4179  remittance of sales and use taxes. As the model 1 seller’s
 4180  agent, the certified service provider is jointly and severally
 4181  liable with the model 1 seller for sales and use tax, penalty,
 4182  and interest due this state on all sales transactions it
 4183  processes for the model 1 seller.
 4184         (b)A member state may audit model 1 sellers and certified
 4185  service providers pursuant to this chapter and chapter 212.
 4186  Member states may jointly audit certified service providers.
 4187         (3)A model 2 seller that uses a certified automated system
 4188  remains responsible and is liable to this state for reporting
 4189  and remitting tax. However, a model 2 seller is not responsible
 4190  for errors in reliance on a certified automated system.
 4191         (4)A model 3 seller is liable for the failure of the
 4192  proprietary system to meet the performance standard.
 4193         (5)A person who provides a certified automated system is
 4194  not liable for errors contained in software that was approved by
 4195  the department and certified to the governing board. However,
 4196  such person is:
 4197         (a)Responsible for the proper functioning of that system;
 4198         (b)Liable to this state for underpayments of tax
 4199  attributable to errors in the functioning of the certified
 4200  automated system; and
 4201         (c)Liable for the misclassification of an item or
 4202  transaction that is not corrected within 10 days following the
 4203  receipt of notice from the department.
 4204         (6)The executive director of the department, or his or her
 4205  designee, may certify a person as a certified service provider
 4206  if the person:
 4207         (a)Uses a certified automated system;
 4208         (b)Integrates its certified automated system with the
 4209  system of a dealer for whom the person collects tax so that the
 4210  tax due on a sale is determined at the time of the sale;
 4211         (c)Agrees to remit the taxes it collects at the time and
 4212  in the manner specified by chapter 212;
 4213         (d)Agrees to file returns on behalf of the dealers for
 4214  whom the person collects tax;
 4215         (e)Agrees to protect the privacy of tax information the
 4216  person obtains in accordance with s. 213.053; and
 4217         (f)Enters into a written agreement with the department
 4218  concerning the disclosure of information and agrees to comply
 4219  with the terms of the written agreement.
 4220         (7)The department shall review software submitted to the
 4221  governing board for certification as a certified automated
 4222  system. The executive director of the department shall certify
 4223  the approval of the software to the governing board if the
 4224  software:
 4225         (a)Determines the applicable state and local sales and use
 4226  tax rate for a transaction in accordance with s. 212.06(3) and
 4227  (4);
 4228         (b)Correctly determines whether an item is exempt from
 4229  tax;
 4230         (c)Correctly determines the amount of tax to be remitted
 4231  for each taxpayer for a reporting period; and
 4232         (d)Can generate reports and returns as required by the
 4233  governing board.
 4234         (8)The department may by rule establish one or more sales
 4235  tax performance standards for model 3 sellers.
 4236         (9)Disclosure of information necessary under this section
 4237  must be made according to a written agreement between the
 4238  executive director of the department or his or her designee and
 4239  the certified service provider. The certified service provider
 4240  is bound by the same requirements of confidentiality as the
 4241  department employees. Breach of confidentiality is a misdemeanor
 4242  of the first degree, punishable as provided in s. 775.082 or s.
 4243  775.083.
 4244         Section 26. The executive director of the Department of
 4245  Revenue may adopt emergency rules to implement this act.
 4246  Notwithstanding any other law, the emergency rules shall remain
 4247  effective for 6 months after the date of adoption and may be
 4248  renewed during the pendency of procedures to adopt rules
 4249  addressing the subject of the emergency rules.
 4250         Section 27. The President of the Senate and the Speaker of
 4251  the House of Representatives shall create a joint select
 4252  committee to study alternatives for the modernization,
 4253  simplification, and streamlining of the various taxes in this
 4254  state, including, but not limited to, issues such as further
 4255  simplification of the communications services tax. The committee
 4256  shall also study how sales and use tax exemptions may be used to
 4257  encourage economic development and how this state’s corporate
 4258  income tax may be revised to ensure fairness to all businesses.
 4259         Section 28. Paragraph (a) of subsection (5) of section
 4260  11.45, Florida Statutes, is amended to read:
 4261         11.45 Definitions; duties; authorities; reports; rules.—
 4262         (5) PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.—
 4263         (a) The Legislative Auditing Committee shall direct the
 4264  Auditor General to make an audit of any municipality whenever
 4265  petitioned to do so by at least 20 percent of the registered
 4266  electors in the last general election of that municipality
 4267  pursuant to this subsection. The supervisor of elections of the
 4268  county in which the municipality is located shall certify
 4269  whether or not the petition contains the signatures of at least
 4270  20 percent of the registered electors of the municipality. After
 4271  the completion of the audit, the Auditor General shall determine
 4272  whether the municipality has the fiscal resources necessary to
 4273  pay the cost of the audit. The municipality shall pay the cost
 4274  of the audit within 90 days after the Auditor General’s
 4275  determination that the municipality has the available resources.
 4276  If the municipality fails to pay the cost of the audit, the
 4277  Department of Revenue shall, upon certification of the Auditor
 4278  General, withhold from that portion of the distribution pursuant
 4279  to s. 212.20(5)(d)5. s. 212.20(6)(d)5. which is distributable to
 4280  such municipality, a sum sufficient to pay the cost of the audit
 4281  and shall deposit that sum into the General Revenue Fund of the
 4282  state.
 4283         Section 29. Subsection (6) of section 196.012, Florida
 4284  Statutes, is amended to read:
 4285         196.012 Definitions.—For the purpose of this chapter, the
 4286  following terms are defined as follows, except where the context
 4287  clearly indicates otherwise:
 4288         (6) Governmental, municipal, or public purpose or function
 4289  shall be deemed to be served or performed when the lessee under
 4290  any leasehold interest created in property of the United States,
 4291  the state or any of its political subdivisions, or any
 4292  municipality, agency, special district, authority, or other
 4293  public body corporate of the state is demonstrated to perform a
 4294  function or serve a governmental purpose that which could
 4295  properly be performed or served by an appropriate governmental
 4296  unit or that which is demonstrated to perform a function or
 4297  serve a purpose that which would otherwise be a valid subject
 4298  for the allocation of public funds. For purposes of the
 4299  preceding sentence, an activity undertaken by a lessee which is
 4300  permitted under the terms of its lease of real property
 4301  designated as an aviation area on an airport layout plan that
 4302  which has been approved by the Federal Aviation Administration
 4303  and which real property is used for the administration,
 4304  operation, business offices and activities related specifically
 4305  thereto in connection with the conduct of an aircraft full
 4306  service, fixed-base full service fixed base operation that which
 4307  provides goods and services to the general aviation public in
 4308  the promotion of air commerce shall be deemed an activity that
 4309  which serves a governmental, municipal, or public purpose or
 4310  function. Any activity undertaken by a lessee which is permitted
 4311  under the terms of its lease of real property designated as a
 4312  public airport as defined in s. 332.004(14) by municipalities,
 4313  agencies, special districts, authorities, or other public bodies
 4314  corporate and public bodies politic of the state, a spaceport as
 4315  defined in s. 331.303, or which is located in a deepwater port
 4316  identified in s. 403.021(9)(b) and owned by one of the foregoing
 4317  governmental units, subject to a leasehold or other possessory
 4318  interest of a nongovernmental lessee that is deemed to perform
 4319  an aviation, airport, aerospace, maritime, or port purpose or
 4320  operation shall be deemed an activity that serves a
 4321  governmental, municipal, or public purpose. The use by a lessee,
 4322  licensee, or management company of real property or a portion
 4323  thereof as a convention center, visitor center, sports facility
 4324  with permanent seating, concert hall, arena, stadium, park, or
 4325  beach is deemed a use that serves a governmental, municipal, or
 4326  public purpose or function when access to the property is open
 4327  to the general public with or without a charge for admission. If
 4328  property deeded to a municipality by the United States is
 4329  subject to a requirement that the Federal Government, through a
 4330  schedule established by the Secretary of the Interior, determine
 4331  that the property is being maintained for public historic
 4332  preservation, park, or recreational purposes and if those
 4333  conditions are not met the property will revert back to the
 4334  Federal Government, then such property shall be deemed to serve
 4335  a municipal or public purpose. The term “governmental purpose”
 4336  also includes a direct use of property on federal lands in
 4337  connection with the Federal Government’s Space Exploration
 4338  Program or spaceport activities as defined in s. 212.02 s.
 4339  212.02(22). Real property and tangible personal property owned
 4340  by the Federal Government or Space Florida and used for defense
 4341  and space exploration purposes or which is put to a use in
 4342  support thereof shall be deemed to perform an essential national
 4343  governmental purpose and shall be exempt. “Owned by the lessee”
 4344  as used in this chapter does not include personal property,
 4345  buildings, or other real property improvements used for the
 4346  administration, operation, business offices and activities
 4347  related specifically thereto in connection with the conduct of
 4348  an aircraft full-service, fixed-base full service fixed based
 4349  operation that which provides goods and services to the general
 4350  aviation public in the promotion of air commerce, provided that
 4351  the real property is designated as an aviation area on an
 4352  airport layout plan approved by the Federal Aviation
 4353  Administration. For purposes of determination of “ownership,”
 4354  buildings and other real property improvements that which will
 4355  revert to the airport authority or other governmental unit upon
 4356  expiration of the term of the lease shall be deemed “owned” by
 4357  the governmental unit and not the lessee. Providing two-way
 4358  telecommunications services to the public for hire by the use of
 4359  a telecommunications facility, as defined in s. 364.02 s.
 4360  364.02(15), and for which a certificate is required under
 4361  chapter 364 does not constitute an exempt use for purposes of s.
 4362  196.199, unless the telecommunications services are provided by
 4363  the operator of a public-use airport, as defined in s. 332.004,
 4364  for the operator’s provision of telecommunications services for
 4365  the airport or its tenants, concessionaires, or licensees, or
 4366  unless the telecommunications services are provided by a public
 4367  hospital.
 4368         Section 30. Paragraph (b) of subsection (1) and paragraph
 4369  (b) of subsection (2) of section 202.18, Florida Statutes, are
 4370  amended to read:
 4371         202.18 Allocation and disposition of tax proceeds.—The
 4372  proceeds of the communications services taxes remitted under
 4373  this chapter shall be treated as follows:
 4374         (1) The proceeds of the taxes remitted under s.
 4375  202.12(1)(a) shall be divided as follows:
 4376         (b) The remaining portion shall be distributed according to
 4377  s. 212.20(5) s. 212.20(6).
 4378         (2) The proceeds of the taxes remitted under s.
 4379  202.12(1)(b) shall be divided as follows:
 4380         (b) Sixty-three percent of the remainder shall be allocated
 4381  to the state and distributed pursuant to s. 212.20(5)(d)2. s.
 4382  212.20(6), except that the proceeds allocated pursuant to s.
 4383  212.20(5)(d)2. s. 212.20(6)(d)2. shall be prorated to the
 4384  participating counties in the same proportion as that month’s
 4385  collection of the taxes and fees imposed pursuant to chapter 212
 4386  and paragraph (1)(b).
 4387         Section 31. Paragraphs (f), (g), (h), and (i) of subsection
 4388  (1) of section 203.01, Florida Statutes, are amended to read:
 4389         203.01 Tax on gross receipts for utility and communications
 4390  services.—
 4391         (1)
 4392         (f) Any person who imports into this state electricity,
 4393  natural gas, or manufactured gas, or severs natural gas, for
 4394  that person’s own use or consumption as a substitute for
 4395  purchasing utility, transportation, or delivery services taxable
 4396  under this chapter and who cannot demonstrate payment of the tax
 4397  imposed by this chapter must register with the Department of
 4398  Revenue and pay into the State Treasury each month an amount
 4399  equal to the cost price of such electricity, natural gas, or
 4400  manufactured gas times the rate set forth in paragraph (b),
 4401  reduced by the amount of any like tax lawfully imposed on and
 4402  paid by the person from whom the electricity, natural gas, or
 4403  manufactured gas was purchased or any person who provided
 4404  delivery service or transportation service in connection with
 4405  the electricity, natural gas, or manufactured gas. For purposes
 4406  of this paragraph, the term “cost price” has the meaning
 4407  ascribed in s. 212.02 s. 212.02(4). The methods of demonstrating
 4408  proof of payment and the amount of such reductions in tax shall
 4409  be made according to rules of the Department of Revenue.
 4410         (g) Electricity produced by cogeneration or by small power
 4411  producers which is transmitted and distributed by a public
 4412  utility between two locations of a customer of the utility
 4413  pursuant to s. 366.051 is subject to the tax imposed by this
 4414  section. The tax shall be applied to the cost price of such
 4415  electricity as provided in s. 212.02 s. 212.02(4) and shall be
 4416  paid each month by the producer of such electricity.
 4417         (h) Electricity produced by cogeneration or by small power
 4418  producers during the 12-month period ending June 30 of each year
 4419  which is in excess of nontaxable electricity produced during the
 4420  12-month period ending June 30, 1990, is subject to the tax
 4421  imposed by this section. The tax shall be applied to the cost
 4422  price of such electricity as provided in s. 212.02 s. 212.02(4)
 4423  and shall be paid each month, beginning with the month in which
 4424  total production exceeds the production of nontaxable
 4425  electricity for the 12-month period ending June 30, 1990. For
 4426  purposes of this paragraph, “nontaxable electricity” means
 4427  electricity produced by cogeneration or by small power producers
 4428  which is not subject to tax under paragraph (g). Taxes paid
 4429  pursuant to paragraph (g) may be credited against taxes due
 4430  under this paragraph. Electricity generated as part of an
 4431  industrial manufacturing process that which manufactures
 4432  products from phosphate rock, raw wood fiber, paper, citrus, or
 4433  any agricultural product shall not be subject to the tax imposed
 4434  by this paragraph. “Industrial manufacturing process” means the
 4435  entire process conducted at the location where the process takes
 4436  place.
 4437         (i) Any person other than a cogenerator or small power
 4438  producer described in paragraph (h) who produces for his or her
 4439  own use electrical energy that which is a substitute for
 4440  electrical energy produced by an electric utility as defined in
 4441  s. 366.02 is subject to the tax imposed by this section. The tax
 4442  shall be applied to the cost price of such electrical energy as
 4443  provided in s. 212.02 s. 212.02(4) and shall be paid each month.
 4444  The provisions of this paragraph do not apply to any electrical
 4445  energy produced and used by an electric utility.
 4446         Section 32. Subsection (1) of section 212.052, Florida
 4447  Statutes, is amended to read:
 4448         212.052 Research or development costs; exemption.—
 4449         (1) For the purposes of the exemption provided in this
 4450  section:
 4451         (a) The term “research or development” means research that
 4452  which has one of the following as its ultimate goal:
 4453         1. Basic research in a scientific field of endeavor.
 4454         2. Advancing knowledge or technology in a scientific or
 4455  technical field of endeavor.
 4456         3. The development of a new product, whether or not the new
 4457  product is offered for sale.
 4458         4. The improvement of an existing product, whether or not
 4459  the improved product is offered for sale.
 4460         5. The development of new uses of an existing product,
 4461  whether or not a new use is offered as a rationale to purchase
 4462  the product.
 4463         6. The design and development of prototypes, whether or not
 4464  a resulting product is offered for sale.
 4465  
 4466  The term “research or development” does not include ordinary
 4467  testing or inspection of materials or products used for quality
 4468  control, market research, efficiency surveys, consumer surveys,
 4469  advertising and promotions, management studies, or research in
 4470  connection with literary, historical, social science,
 4471  psychological, or other similar nontechnical activities.
 4472         (b) The term “costs” means cost price as defined in s.
 4473  212.02 s. 212.02(4).
 4474         (c) The term “product” means any item, device, technique,
 4475  prototype, invention, or process that which is, was, or may be
 4476  commercially exploitable.
 4477         Section 33. Subsection (3) of section 212.13, Florida
 4478  Statutes, is amended to read:
 4479         212.13 Records required to be kept; power to inspect; audit
 4480  procedure.—
 4481         (3) For the purpose of enforcement of this chapter, every
 4482  manufacturer and seller of tangible personal property or
 4483  services licensed within this state is required to permit the
 4484  department to examine his or her books and records at all
 4485  reasonable hours, and, upon his or her refusal, the department
 4486  may require him or her to permit such examination by resort to
 4487  the circuit courts of this state, subject however to the right
 4488  of removal of the cause to the judicial circuit wherein such
 4489  person’s business is located or wherein such person’s books and
 4490  records are kept, provided further that such person’s books and
 4491  records are kept within the state. When the dealer has made an
 4492  allocation or attribution pursuant to the definition of sales
 4493  price in s. 212.02 s. 212.02(16), the department may prescribe
 4494  by rule the books and records that must be made available during
 4495  an audit of the dealer’s books and records and examples of
 4496  methods for determining the reasonableness thereof. Books and
 4497  records kept in the regular course of business include, but are
 4498  not limited to, general ledgers, price lists, cost records,
 4499  customer billings, billing system reports, tariffs, and other
 4500  regulatory filings and rules of regulatory authorities. Such
 4501  record may be required to be made available to the department in
 4502  an electronic format when so kept by the dealer. The dealer may
 4503  support the allocation of charges with books and records kept in
 4504  the regular course of business covering the dealer’s entire
 4505  service area, including territories outside this state. During
 4506  an audit, the department may reasonably require production of
 4507  any additional books and records found necessary to assist in
 4508  its determination.
 4509         Section 34. Section 212.081, Florida Statutes, is amended
 4510  to read:
 4511         212.081 Legislative intent.—It is hereby declared to be the
 4512  legislative intent of the amendments to ss. 212.11(1),
 4513  212.12(10), and 212.20 by chapter 57-398, Laws of Florida:
 4514         (1) To aid in the enforcement of this chapter by
 4515  recognizing the effect of court rulings involving such
 4516  enforcement and to incorporate herein substantial rulings of the
 4517  department which have been recognized as necessary to supplement
 4518  the interpretation of some of the terms used in this section.
 4519         (2) To arrange the exemptions allowed in this section in
 4520  more orderly categories thereby eliminating some of the
 4521  confusion attendant upon the present arrangement where cross
 4522  exemptions frequently occur.
 4523         (a) It is further declared to be the legislative intent
 4524  that the tax levied by this chapter and imposed by this section
 4525  is not a tax on motor vehicles as property but a tax on the
 4526  privilege to sell, to rent, to use or to store for use in this
 4527  state motor vehicles; that such tax is separate from and in
 4528  addition to any license tax imposed on motor vehicles; and that
 4529  such tax is not intended as an ad valorem tax on motor vehicles
 4530  as prohibited by the Constitution.
 4531         (b) It is also the legislative intent that there shall be
 4532  no pyramiding or duplication of excise taxes levied by the state
 4533  under this chapter and no municipality shall levy any excise tax
 4534  upon any privilege, admission, lease, rental, sale, use or
 4535  storage for use or consumption which is subject to a tax under
 4536  this chapter unless permitted by general law; provided, however,
 4537  that this provision shall not impair valid municipal ordinances
 4538  which are in effect and under which a municipal tax is being
 4539  levied and collected on July 1, 1957.
 4540         (3) It is hereby declared to be the legislative intent that
 4541  all purchases made by banks are subject to state sales tax in
 4542  the same manner as is provided by law for all other purchasers.
 4543  It is further declared to be the legislative intent that if for
 4544  any reason the sales tax on federal banks is declared invalid,
 4545  that sales tax shall not apply or be applicable to purchases
 4546  made by state banks.
 4547         Section 35. Subsection (3) of section 218.245, Florida
 4548  Statutes, is amended to read:
 4549         218.245 Revenue sharing; apportionment.—
 4550         (3) Revenues attributed to the increase in distribution to
 4551  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
 4552  212.20(5)(d)5. s. 212.20(6)(d)5. from 1.0715 percent to 1.3409
 4553  percent provided in chapter 2003-402, Laws of Florida, shall be
 4554  distributed to each eligible municipality and any unit of local
 4555  government that is consolidated as provided by s. 9, Art. VIII
 4556  of the State Constitution of 1885, as preserved by s. 6(e), Art.
 4557  VIII, 1968 revised constitution, as follows: each eligible local
 4558  government’s allocation shall be based on the amount it received
 4559  from the half-cent sales tax under s. 218.61 in the prior state
 4560  fiscal year divided by the total receipts under s. 218.61 in the
 4561  prior state fiscal year for all eligible local governments.
 4562  However, for the purpose of calculating this distribution, the
 4563  amount received from the half-cent sales tax under s. 218.61 in
 4564  the prior state fiscal year by a unit of local government which
 4565  is consolidated as provided by s. 9, Art. VIII of the State
 4566  Constitution of 1885, as amended, and as preserved by s. 6(e),
 4567  Art. VIII, of the Constitution as revised in 1968, shall be
 4568  reduced by 50 percent for such local government and for the
 4569  total receipts. For eligible municipalities that began
 4570  participating in the allocation of half-cent sales tax under s.
 4571  218.61 in the previous state fiscal year, their annual receipts
 4572  shall be calculated by dividing their actual receipts by the
 4573  number of months they participated, and the result multiplied by
 4574  12.
 4575         Section 36. Subsections (5), (6), and (7) of section
 4576  218.65, Florida Statutes, are amended to read:
 4577         218.65 Emergency distribution.—
 4578         (5) At the beginning of each fiscal year, the Department of
 4579  Revenue shall calculate a base allocation for each eligible
 4580  county equal to the difference between the current per capita
 4581  limitation times the county’s population, minus prior year
 4582  ordinary distributions to the county pursuant to ss.
 4583  212.20(5)(d)2., 218.61, and 218.62 ss. 212.20(6)(d)2., 218.61,
 4584  and 218.62. If moneys deposited into the Local Government Half
 4585  cent Sales Tax Clearing Trust Fund pursuant to s. 212.20(5)(d)3.
 4586  s. 212.20(6)(d)3., excluding moneys appropriated for
 4587  supplemental distributions pursuant to subsection (8), for the
 4588  current year are less than or equal to the sum of the base
 4589  allocations, each eligible county shall receive a share of the
 4590  appropriated amount proportional to its base allocation. If the
 4591  deposited amount exceeds the sum of the base allocations, each
 4592  county shall receive its base allocation, and the excess
 4593  appropriated amount, less any amounts distributed under
 4594  subsection (6), shall be distributed equally on a per capita
 4595  basis among the eligible counties.
 4596         (6) If moneys deposited in the Local Government Half-cent
 4597  Sales Tax Clearing Trust Fund pursuant to s. 212.20(5)(d)3. s.
 4598  212.20(6)(d)3. exceed the amount necessary to provide the base
 4599  allocation to each eligible county, the moneys in the trust fund
 4600  may be used to provide a transitional distribution, as specified
 4601  in this subsection, to certain counties whose population has
 4602  increased. The transitional distribution shall be made available
 4603  to each county that qualified for a distribution under
 4604  subsection (2) in the prior year but does not, because of the
 4605  requirements of paragraph (2)(a), qualify for a distribution in
 4606  the current year. Beginning on July 1 of the year following the
 4607  year in which the county no longer qualifies for a distribution
 4608  under subsection (2), the county shall receive two-thirds of the
 4609  amount received in the prior year, and beginning July 1 of the
 4610  second year following the year in which the county no longer
 4611  qualifies for a distribution under subsection (2), the county
 4612  shall receive one-third of the amount it received in the last
 4613  year it qualified for the distribution under subsection (2). If
 4614  insufficient moneys are available in the Local Government Half
 4615  cent Sales Tax Clearing Trust Fund to fully provide such a
 4616  transitional distribution to each county that meets the
 4617  eligibility criteria in this section, each eligible county shall
 4618  receive a share of the available moneys proportional to the
 4619  amount it would have received had moneys been sufficient to
 4620  fully provide such a transitional distribution to each eligible
 4621  county.
 4622         (7) There is hereby annually appropriated from the Local
 4623  Government Half-cent Sales Tax Clearing Trust Fund the
 4624  distribution provided in s. 212.20(5)(d)3. s. 212.20(6)(d)3. to
 4625  be used for emergency and supplemental distributions pursuant to
 4626  this section.
 4627         Section 37. Paragraph (s) of subsection (1) of section
 4628  288.1045, Florida Statutes, is amended to read:
 4629         288.1045 Qualified defense contractor and space flight
 4630  business tax refund program.—
 4631         (1) DEFINITIONS.—As used in this section:
 4632         (s) “Space flight business” means the manufacturing,
 4633  processing, or assembly of space flight technology products,
 4634  space flight facilities, space flight propulsion systems, or
 4635  space vehicles, satellites, or stations of any kind possessing
 4636  the capability for space flight, as defined by s. 212.02 s.
 4637  212.02(23), or components thereof, and includes, in supporting
 4638  space flight, vehicle launch activities, flight operations,
 4639  ground control or ground support, and all administrative
 4640  activities directly related to such activities. The term does
 4641  not include products that are designed or manufactured for
 4642  general commercial aviation or other uses even if those products
 4643  may also serve an incidental use in space flight applications.
 4644         Section 38. Paragraphs (a) and (d) of subsection (3) of
 4645  section 288.11621, Florida Statutes, are amended to read:
 4646         288.11621 Spring training baseball franchises.—
 4647         (3) USE OF FUNDS.—
 4648         (a) A certified applicant may use funds provided under s.
 4649  212.20(5)(d)6.b. s. 212.20(6)(d)6.b. only to:
 4650         1. Serve the public purpose of acquiring, constructing,
 4651  reconstructing, or renovating a facility for a spring training
 4652  franchise.
 4653         2. Pay or pledge for the payment of debt service on, or to
 4654  fund debt service reserve funds, arbitrage rebate obligations,
 4655  or other amounts payable with respect thereto, bonds issued for
 4656  the acquisition, construction, reconstruction, or renovation of
 4657  such facility, or for the reimbursement of such costs or the
 4658  refinancing of bonds issued for such purposes.
 4659         3. Assist in the relocation of a spring training franchise
 4660  from one unit of local government to another only if the
 4661  governing board of the current host local government by a
 4662  majority vote agrees to relocation.
 4663         (d)1. All certified applicants must place unexpended state
 4664  funds received pursuant to s. 212.20(5)(d)6.b. s.
 4665  212.20(6)(d)6.b. in a trust fund or separate account for use
 4666  only as authorized in this section.
 4667         2. A certified applicant may request that the Department of
 4668  Revenue suspend further distributions of state funds made
 4669  available under s. 212.20(5)(d)6.b. s. 212.20(6)(d)6.b. for 12
 4670  months after expiration of an existing agreement with a spring
 4671  training franchise to provide the certified applicant with an
 4672  opportunity to enter into a new agreement with a spring training
 4673  franchise, at which time the distributions shall resume.
 4674         3. The expenditure of state funds distributed to an
 4675  applicant certified before July 1, 2010, must begin within 48
 4676  months after the initial receipt of the state funds. In
 4677  addition, the construction of, or capital improvements to, a
 4678  spring training facility must be completed within 24 months
 4679  after the project’s commencement.
 4680         Section 39. Subsection (6) of section 288.1169, Florida
 4681  Statutes, is amended to read:
 4682         288.1169 International Game Fish Association World Center
 4683  facility.—
 4684         (6) The Department of Commerce must recertify every 10
 4685  years that the facility is open, that the International Game
 4686  Fish Association World Center continues to be the only
 4687  international administrative headquarters, fishing museum, and
 4688  Hall of Fame in the United States recognized by the
 4689  International Game Fish Association, and that the project is
 4690  meeting the minimum projections for attendance or sales tax
 4691  revenues as required at the time of original certification. If
 4692  the facility is not recertified during this 10-year review as
 4693  meeting the minimum projections, then funding shall be abated
 4694  until certification criteria are met. If the project fails to
 4695  generate $1 million of annual revenues pursuant to paragraph
 4696  (2)(e), the distribution of revenues pursuant to s.
 4697  212.20(5)(d)6.b. s. 212.20(6)(d)6.d. shall be reduced to an
 4698  amount equal to $83,333 multiplied by a fraction, the numerator
 4699  of which is the actual revenues generated and the denominator of
 4700  which is $1 million. Such reduction remains in effect until
 4701  revenues generated by the project in a 12-month period equal or
 4702  exceed $1 million.
 4703         Section 40. Subsection (8) of section 551.102, Florida
 4704  Statutes, is amended to read:
 4705         551.102 Definitions.—As used in this chapter, the term:
 4706         (8) “Slot machine” means any mechanical or electrical
 4707  contrivance, terminal that may or may not be capable of
 4708  downloading slot games from a central server system, machine, or
 4709  other device that, upon insertion of a coin, bill, ticket,
 4710  token, or similar object or upon payment of any consideration
 4711  whatsoever, including the use of any electronic payment system
 4712  except a credit card or debit card, is available to play or
 4713  operate, the play or operation of which, whether by reason of
 4714  skill or application of the element of chance or both, may
 4715  deliver or entitle the person or persons playing or operating
 4716  the contrivance, terminal, machine, or other device to receive
 4717  cash, billets, tickets, tokens, or electronic credits to be
 4718  exchanged for cash or to receive merchandise or anything of
 4719  value whatsoever, whether the payoff is made automatically from
 4720  the machine or manually. The term includes associated equipment
 4721  necessary to conduct the operation of the contrivance, terminal,
 4722  machine, or other device. Slot machines may use spinning reels,
 4723  video displays, or both. A slot machine is not a “coin-operated
 4724  amusement machine” as defined in s. 212.02 s. 212.02(24) or an
 4725  amusement game or machine as described in s. 849.161, and slot
 4726  machines are not subject to the tax imposed by s. 212.05(1)(h).
 4727         Section 41. Paragraph (a) of subsection (1) of section
 4728  790.0655, Florida Statutes, is amended to read:
 4729         790.0655 Purchase and delivery of handguns; mandatory
 4730  waiting period; exceptions; penalties.—
 4731         (1)(a) There shall be a mandatory 3-day waiting period,
 4732  which shall be 3 days, excluding weekends and legal holidays,
 4733  between the purchase and the delivery at retail of any handgun.
 4734  “Purchase” means the transfer of money or other valuable
 4735  consideration to the retailer. “Handgun” means a firearm capable
 4736  of being carried and used by one hand, such as a pistol or
 4737  revolver. “Retailer” means and includes every person engaged in
 4738  the business of making sales at retail or for distribution, or
 4739  use, or consumption, or storage to be used or consumed in this
 4740  state, as defined in s. 212.02 s. 212.02(13).
 4741         Section 42. Section 212.0596, Florida Statutes, is
 4742  repealed.
 4743         Section 43. This act shall take effect January 1, 2012.