Florida Senate - 2016                                     SB 292
       
       
        
       By Senator Margolis
       
       
       
       
       
       35-00380-16                                            2016292__
    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 the
    5         facilities that are exempt from the transient rentals
    6         tax; amending ss. 212.0306 and 212.04, F.S.; deleting
    7         the application of brackets for the calculation of
    8         sales and use taxes; amending s. 212.05, F.S.;
    9         deleting criteria establishing circumstances under
   10         which taxes on the lease or rental of a motor vehicle
   11         are due; revising criteria establishing circumstances
   12         under which taxes on the sale of a prepaid calling
   13         arrangement are due; updating terminology with respect
   14         to industry classifications for specified
   15         investigation, security, and other related services
   16         that are subject to tax; deleting the application of
   17         brackets for the calculation of sales and use taxes;
   18         amending s. 212.0506, F.S.; deleting the application
   19         of brackets for the calculation of sales and use
   20         taxes; amending s. 212.054, F.S.; limiting the $5,000
   21         cap on discretionary sales surtax to the sale of motor
   22         vehicles, aircraft, boats, manufactured homes, modular
   23         homes, and mobile homes; specifying the time at which
   24         changes in certain surtaxes may take effect, when
   25         notice of such changes must be provided, and when
   26         specified surtaxes may be terminated; providing
   27         criteria to determine the situs of certain sales;
   28         providing for databases to identify taxing
   29         jurisdictions; holding sellers harmless for failing to
   30         collect a tax at a new rate under certain
   31         circumstances; providing criteria to hold purchasers
   32         harmless for failure to pay the correct amount of tax;
   33         repealing s. 212.0596, F.S., relating to the taxation
   34         of mail order sales; amending s. 212.06, F.S.;
   35         revising the definition of the term “dealer”; deleting
   36         provisions relating to mail-order sales to conform;
   37         requiring certain purchasers of direct mail to use
   38         direct-mail forms; defining terms; providing criteria
   39         for determining the location of transactions involving
   40         tangible personal property, digital goods, or services
   41         and for the lease or rental of tangible personal
   42         property and certain other property; amending s.
   43         212.07, F.S.; conforming a cross-reference; providing
   44         for the creation of a taxability matrix; providing
   45         criteria to hold sellers, certified service providers,
   46         and purchasers harmless from charging, collecting,
   47         remitting, and paying incorrect amounts of tax due to
   48         an erroneous taxability matrix or other specified
   49         erroneous information; amending s. 212.08, F.S.;
   50         revising exemptions from sales and use tax for food
   51         and medical products; conforming cross-references;
   52         creating s. 212.094, F.S.; providing a procedure for a
   53         purchaser to obtain a refund of or credit against tax
   54         collected by a dealer; amending s. 212.12, F.S.;
   55         deleting the Department of Revenue’s authority to
   56         negotiate collection allowances with respect to mail
   57         order sales; prohibiting model 1 sellers from
   58         receiving specified collection allowances; authorizing
   59         collection allowances for certified service providers
   60         and voluntary sellers in accordance with the
   61         Streamlined Sales and Use Tax Agreement; providing for
   62         the computation of taxes due based on rounding instead
   63         of brackets; amending s. 212.17, F.S.; providing
   64         additional criteria to allow a dealer to claim a
   65         credit for or obtain a refund of taxes paid relating
   66         to worthless accounts; amending s. 212.18, F.S.;
   67         authorizing the department to waive the dealer
   68         registration fee for applications submitted through
   69         the central electronic registration system provided by
   70         member states of the Streamlined Sales and Use Tax
   71         Agreement; deleting provisions relating to mail-order
   72         sales to conform; amending s. 212.20, F.S.; deleting
   73         procedures for refunds of tax paid on mail-order sales
   74         to conform; creating s. 213.052, F.S.; providing the
   75         effective date for state sales and use tax rate
   76         changes imposed under chapter 212; providing for
   77         notice of such changes; creating s. 213.0521, F.S.;
   78         providing the effective date for state sales and use
   79         tax rate changes pursuant to legislative act; creating
   80         s. 213.215, F.S.; providing amnesty for uncollected or
   81         unpaid sales and use taxes for sellers who register
   82         under the Streamlined Sales and Use Tax Agreement;
   83         providing exceptions to the amnesty; amending s.
   84         213.256, F.S.; defining and redefining terms;
   85         authorizing the executive director of the department
   86         to enter into the Streamlined Sales and Use Tax
   87         Agreement with one or more other states; requiring the
   88         executive director to act jointly with other states
   89         that are members of the agreement to establish
   90         standards for certified automated and central
   91         registration systems; authorizing the executive
   92         director to prepare and submit certain reports and
   93         certifications and to execute other specified
   94         agreements; creating s. 213.2561, F.S.; requiring the
   95         department to review and approve software submitted to
   96         the governing board for certification as a certified
   97         automated system; creating s. 213.2562, F.S.;
   98         providing for the registration of sellers; providing
   99         requirements for reporting and remitting taxes;
  100         specifying the responsibilities and liabilities of a
  101         person who provides a certified automated system;
  102         providing for the certification of a person as a
  103         certified service provider and the certification of a
  104         software program as a certified automated system;
  105         authorizing the department to adopt rules; providing
  106         that the disclosure of exempt or confidential and
  107         exempt information by the department to a certified
  108         service provider must be according to a written
  109         agreement; providing that a certified service provider
  110         is bound by the same requirements of confidentiality
  111         as department employees; providing that it is a first
  112         degree misdemeanor to willfully breach
  113         confidentiality; providing criminal penalties;
  114         declaring legislative intent; authorizing the adoption
  115         of emergency rules by the department; amending ss.
  116         11.45, 196.012, 202.18, 203.0011, 203.01, 212.031,
  117         212.05011, 212.052, 212.055, 212.13, 212.14, 212.15,
  118         213.015, 218.245, 218.65, 288.1045, 288.11621,
  119         288.11625, 288.11631, 288.1169, 551.102, and 790.0655,
  120         F.S.; conforming cross-references; reenacting s.
  121         212.08(7)(v), F.S., relating to exemptions from the
  122         sales, rental, use, consumption, distribution, and
  123         storage tax, to incorporate the amendments made to s.
  124         212.05, F.S., in a reference thereto; reenacting ss.
  125         634.131 and 634.415(2), F.S., relating to the tax on
  126         premiums and assessments, to incorporate the
  127         amendments made to s. 212.0506, F.S., in references
  128         thereto; reenacting ss. 202.18(3)(a) and (c),
  129         202.20(3), 212.08(4)(a), (8)(a), and (9), and
  130         921.0022(3)(a), F.S., relating to the proceeds of
  131         communications services taxes, local communications
  132         services tax conversion rates, exemptions from the
  133         sales, rental, use, consumption, distribution, and
  134         storage tax, and the offense severity ranking chart,
  135         respectively, to incorporate the amendments made to s.
  136         212.054, F.S., in references thereto; reenacting s.
  137         288.1258(2)(b) and (c) and (3), F.S., relating to
  138         entertainment industry qualified production companies,
  139         to incorporate the amendments made to ss. 212.06 and
  140         212.08, F.S., in references thereto; reenacting s.
  141         366.051, F.S., relating to electricity produced by
  142         cogeneration and small power production, to
  143         incorporate the amendments made to s. 212.06, F.S., in
  144         a reference thereto; reenacting ss. 213.22(1) and
  145         465.187, F.S., relating to technical assistance
  146         advisements and sale of medicinal drugs, respectively,
  147         to incorporate the amendments made to s. 212.08, F.S.,
  148         in references thereto; reenacting s. 212.11(5)(a),
  149         F.S., relating to tax returns and regulations, to
  150         incorporate the amendments made to s. 212.17, F.S., in
  151         a reference thereto; reenacting ss. 212.04(4),
  152         212.07(1)(b), 212.08(5)(p), 213.053(10)(a) and (11),
  153         and 365.172(9)(h), F.S., relating to the admissions
  154         tax, the sales, storage, and use tax, exemptions from
  155         the sales, rental, use, consumption, distribution, and
  156         storage tax, confidentiality and information sharing,
  157         and the Emergency Communications Number E911 Act,
  158         respectively, to incorporate the amendments made to s.
  159         212.18, F.S., in references thereto; making technical
  160         changes; providing an effective date.
  161          
  162  Be It Enacted by the Legislature of the State of Florida:
  163  
  164         Section 1. Section 212.02, Florida Statutes, is amended to
  165  read:
  166         212.02 Definitions.—As used The following terms and phrases
  167  when used in this chapter have the meanings ascribed to them in
  168  this section, unless except where the context clearly indicates
  169  a different meaning, the term:
  170         (1) The term “Admissions” means and includes the net sum of
  171  money, after the deduction of any federal taxes, for admitting a
  172  person or vehicle or persons to a any place of amusement, sport,
  173  or recreation or for the privilege of entering or staying in a
  174  any place of amusement, sport, or recreation, including, but not
  175  limited to, theaters, outdoor theaters, shows, exhibitions,
  176  games, races, or any place where charge is made by way of the
  177  sale of tickets, gate charges, seat charges, box charges, season
  178  pass charges, cover charges, greens fees, participation fees,
  179  entrance fees, or other fees or receipts of anything of value
  180  measured on an admission or entrance or length of stay or seat
  181  box accommodations in a any place where there is an any
  182  exhibition, amusement, sport, or recreation, and all dues and
  183  fees paid to private clubs and membership clubs providing
  184  recreational or physical fitness facilities, including, but not
  185  limited to, golf, tennis, swimming, yachting, boating, athletic,
  186  exercise, and fitness facilities, except physical fitness
  187  facilities owned or operated by a any hospital licensed under
  188  chapter 395.
  189         (2) “Agricultural commodity” means horticultural products,
  190  aquacultural products, poultry and farm products, and livestock
  191  and livestock products.
  192         (3) “Agricultural production” means the production of
  193  plants and animals useful to humans, including the preparation,
  194  planting, cultivating, or harvesting of these products or other
  195  practices necessary to accomplish production through the harvest
  196  phase, including storage of raw products on a farm. The term
  197  includes aquaculture, horticulture, floriculture, viticulture,
  198  forestry, dairy, livestock, poultry, bees, and all other forms
  199  of farm products and farm production.
  200         (4)“Alcoholic beverages” means all such beverages as
  201  defined by the laws of this state.
  202         (5)(2) “Business” means an any activity engaged in by a any
  203  person, or caused to be engaged in by him or her, with the
  204  direct or indirect object of private or public gain, benefit, or
  205  advantage, either direct or indirect. Except for the sale sales
  206  of an any aircraft, a boat, a mobile home, or a motor vehicle,
  207  the term does “business” shall not be construed in this chapter
  208  to include occasional or isolated sales or transactions
  209  involving tangible personal property or services by a person who
  210  does not hold himself or herself out as engaged in business or
  211  sales of unclaimed tangible personal property under s. 717.122,
  212  but does include includes other charges for the sale or rental
  213  of tangible personal property;, sales of services taxable under
  214  this chapter;, sales of or charges of admission;, communication
  215  services;, all rentals and leases of living quarters, other than
  216  low-rent housing operated under chapter 421;, sleeping or
  217  housekeeping accommodations in hotels, apartment houses,
  218  roominghouses, or tourist or trailer camps;, and all rentals of
  219  or licenses in real property, other than low-rent housing
  220  operated under chapter 421; and, all leases or rentals of, or
  221  licenses in, parking lots or garages for motor vehicles and,
  222  docking or storage spaces for boats in boat docks or marinas as
  223  defined in this chapter and made subject to a tax imposed by
  224  this chapter. The term does “business” shall not be construed in
  225  this chapter to include the leasing, subleasing, or licensing of
  226  real property by one corporation to another if all of the stock
  227  of both such corporations is owned, directly or through one or
  228  more wholly owned subsidiaries, by a common parent corporation;
  229  the property was in use before prior to July 1, 1989, title to
  230  the property was transferred after July 1, 1988, and before July
  231  1, 1989, between members of an affiliated group, as defined in
  232  s. 1504(a) of the Internal Revenue Code of 1986, which group
  233  included both such corporations and there is no substantial
  234  change in the use of the property following the transfer of
  235  title; the leasing, subleasing, or licensing of the property was
  236  required by an unrelated lender as a condition of providing
  237  financing to one or more members of the affiliated group; and
  238  the corporation to which the property is leased, subleased, or
  239  licensed had sales subject to the tax imposed by this chapter of
  240  at least not less than $667 million during the most recent 12
  241  month period ending ended June 30. Any tax on such sales,
  242  charges, rentals, admissions, or other transactions made subject
  243  to the tax imposed by this chapter shall be collected by the
  244  state, county, municipality, any political subdivision, agency,
  245  bureau, or department, or other state or local governmental
  246  instrumentality in the same manner as other dealers, unless
  247  specifically exempted by this chapter.
  248         (6) “Certified service provider” has the same meaning as
  249  provided in s. 213.256.
  250         (7)(3)The terms “Cigarettes,” “tobacco,” or “tobacco
  251  products” includes referred to in this chapter include all such
  252  products as are, defined or may be, hereafter defined by the
  253  laws of this the state.
  254         (8) “Coin-operated amusement machine” means a machine
  255  operated by coin, slug, token, coupon, or similar device for the
  256  purpose of entertainment or amusement. The term includes coin
  257  operated pinball machines, music machines, juke boxes,
  258  mechanical games, video games, arcade games, billiard tables,
  259  moving picture viewers, shooting galleries, and similar
  260  amusement devices.
  261         (9) “Computer” means an electronic device that accepts
  262  information in digital or similar form and manipulates such
  263  information for a result based on a sequence of instructions.
  264         (10) “Computer software” means a set of coded instructions
  265  designed to cause a computer or automatic data processing
  266  equipment to perform a task.
  267         (11)(4) “Cost price” means the actual cost of articles of
  268  tangible personal property without any deductions for therefrom
  269  on account of the cost of materials used, labor or service
  270  costs, transportation charges, or other any expenses whatsoever.
  271         (12) “Delivery charge” means a charge by the seller of
  272  personal property or services for preparation and delivery to a
  273  location designated by the purchaser of such property or
  274  services, including, but not limited to, transportation,
  275  shipping, postage, handling, crating, and packing.
  276  Notwithstanding any other provision of this section, the term
  277  does not include charges for the delivery of direct mail,
  278  transportation, shipping, postage, handling, crating, and
  279  packing or similar charges that are separately stated on an
  280  invoice or similar billing document given to the purchaser and
  281  invoiced at cost with no markup.
  282         (a) The exclusion of delivery charges for direct mail
  283  applies to a sale involving the delivery or mailing of direct
  284  mail, printed material that would otherwise be direct mail which
  285  results from a transaction that this state considers the sale of
  286  a service, or printed material delivered or mailed to a mass
  287  audience if the cost of the printed material is not billed
  288  directly to the recipient and is the result of a transaction
  289  that includes the development of billing information or the
  290  provision of data processing services.
  291         (b) If a shipment includes exempt property and taxable
  292  property, the seller shall tax only the percentage of the
  293  delivery charge allocated to the taxable property. The seller
  294  may allocate the delivery charge by using a percentage based on
  295  the:
  296         1. Total sales price of the taxable property compared to
  297  the total sales price of all property in the shipment; or
  298         2. Total weight of the taxable property compared to the
  299  total weight of all property in the shipment.
  300         (13)(5)The term “Department” means the Department of
  301  Revenue.
  302         (14) “Diesel fuel” means a liquid product, gas product, or
  303  a combination thereof, which is used in an internal combustion
  304  engine or motor to propel any form of vehicle, machine, or
  305  mechanical contrivance. The term includes, but is not limited
  306  to, all forms of fuel commonly or commercially known or sold as
  307  diesel fuel or kerosene. The term does not include butane gas,
  308  propane gas, or other forms of liquefied petroleum gas or
  309  compressed natural gas.
  310         (15) “Direct mail” means printed material delivered or
  311  distributed by the United States Postal Service or other
  312  delivery service to a mass audience or to addressees on a
  313  mailing list provided by the purchaser or at the direction of
  314  the purchaser if the cost of the items is not billed directly to
  315  the recipient. The term includes tangible personal property
  316  supplied directly or indirectly by the purchaser to the direct
  317  mail seller for inclusion in the package containing the printed
  318  material. The term does not include multiple items of printed
  319  material delivered to a single address.
  320         (16) “Electronic” means technology having electrical,
  321  digital, magnetic, wireless, optical, electromagnetic, or
  322  similar capabilities.
  323         (17)(6) “Enterprise zone” means an area of the state
  324  designated pursuant to s. 290.0065. This subsection expires on
  325  the date specified in s. 290.016 for the expiration of the
  326  Florida Enterprise Zone Act.
  327         (18)(7) “Factory-built building” means a structure
  328  manufactured in a manufacturing facility for installation or
  329  erection as a finished building. The term; “factory-built
  330  building” includes, but is not limited to, residential,
  331  commercial, institutional, storage, and industrial structures.
  332         (19) “Farmer” means a person who is directly engaged in the
  333  business of producing crops, livestock, or other agricultural
  334  commodities. The term includes, but is not limited to, horse
  335  breeders, nurserymen, dairy farmers, poultry farmers, fish
  336  farmers, cattle ranchers, and apiarists.
  337         (20) “Forest” means land stocked by trees used in the
  338  production of forest products or which formerly had such tree
  339  cover and is not currently developed for nonforest use.
  340         (21) “Fractional aircraft ownership program” means a
  341  program that meets the requirements of 14 C.F.R. part 91,
  342  subpart K, relating to fractional ownership operations, except
  343  that the program must include a minimum of 25 aircraft owned or
  344  leased by the program manager and used in the program.
  345         (22) “Gross sales” means the sum total of all sales of
  346  tangible personal property without any deduction except as
  347  specifically provided under this chapter.
  348         (23)(8) “In this state” or “in the state” means within the
  349  state boundaries of Florida as defined in s. 1, Art. II of the
  350  State Constitution and includes all territory within these
  351  limits owned by or ceded to the United States.
  352         (9)The term “Intoxicating beverages” or “Alcoholic
  353  beverages” referred to in this chapter includes all such
  354  beverages as are so defined or may be hereafter defined by the
  355  laws of the state.
  356         (24)(10) “Lease,” “let,” or “rental” means leasing or
  357  renting of living quarters or sleeping or housekeeping
  358  accommodations in hotels, apartment houses, roominghouses,
  359  tourist or trailer camps, and real property.
  360         (a) Hotels, apartment houses, roominghouses, tourist or
  361  trailer camps, and real property include, the same being defined
  362  as follows:
  363         (a) every building or other structure kept, used,
  364  maintained, or advertised as, or held out to the public to be, a
  365  place where sleeping accommodations are supplied for pay to
  366  transient or permanent guests or tenants, in which 10 or more
  367  rooms are furnished for the accommodation of such guests, and
  368  having one or more dining rooms or cafes where meals or lunches
  369  are served to such transient or permanent guests.; such
  370         1.A “hotel” is a building where sleeping accommodations
  371  and dining rooms or cafes are leased or rented being conducted
  372  in the same building or buildings in connection therewith,
  373  shall, for the purpose of this chapter, be deemed a hotel.
  374         2.(b)An “apartment house” is a Any building, or part
  375  thereof, where separate accommodations for two or more families
  376  living independently of each other are supplied to transient or
  377  permanent guests or tenants shall for the purpose of this
  378  chapter be deemed an apartment house.
  379         3.(c)A “roominghouse” is a Every house, boat, vehicle,
  380  motor court, trailer court, or other structure or a any place or
  381  location kept, used, maintained, or advertised as, or held out
  382  to the public to be, a place where living quarters or sleeping
  383  or housekeeping accommodations are supplied for pay to transient
  384  or permanent guests or tenants, whether in one or adjoining
  385  buildings, shall for the purpose of this chapter be deemed a
  386  roominghouse.
  387         4.(d)A “room” in all hotels, apartment houses, and
  388  roominghouses includes within the meaning of this chapter, the
  389  parlor, dining room, sleeping porches, kitchen, office, and
  390  sample rooms. shall be construed to mean “rooms.
  391         5.(e) A “tourist camp” is a place where two or more tents,
  392  tent houses, or camp cottages are located and offered by a
  393  person or municipality for sleeping or eating accommodations,
  394  most generally to the transient public for either a direct money
  395  consideration or an indirect benefit to the lessor or owner in
  396  connection with a related business.
  397         6.(f) A “trailer camp,” “mobile home park,” or
  398  “recreational vehicle park” is a place where space is offered,
  399  with or without service facilities, by a person any persons or
  400  municipality to the public for the parking and accommodation of
  401  two or more automobile trailers, mobile homes, or recreational
  402  vehicles that which are used for lodging, for either a direct
  403  money consideration or an indirect benefit to the lessor or
  404  owner in connection with a related business, such space being
  405  hereby defined as living quarters, and the rental price thereof
  406  includes shall include all service charges paid to the lessor.
  407         (b)(g) “Lease,” “let,” or “rental” also means a transfer of
  408  possession or control of tangible personal property for a fixed
  409  or indeterminate term for consideration. A clause for a future
  410  option to purchase or to extend an agreement does not preclude
  411  an agreement from being a lease or rental. This definition
  412  applies to the levying of the sales and use tax, regardless of
  413  whether a transaction is characterized as a lease or rental
  414  under generally accepted accounting principles, the Internal
  415  Revenue Code, the Uniform Commercial Code, or other federal,
  416  state, or local law. These terms include agreements covering
  417  motor vehicles and trailers if the amount of consideration may
  418  be increased or decreased by reference to the amount realized
  419  upon the sale or disposition of the property as provided in 26
  420  U.S.C. s. 7701(h)(3). These terms do not include:
  421         1. A transfer of possession or control of property under a
  422  security agreement or deferred payment plan that requires the
  423  transfer of title upon completion of the required payments;
  424         2. A transfer of possession or control of property under an
  425  agreement that requires the transfer of title upon completion of
  426  required payments and payment of an option price does not exceed
  427  the greater of $100 or 1 percent of the total required payments;
  428  or
  429         3. The provision of tangible personal property along with
  430  an operator for a fixed or indeterminate period of time. A
  431  condition of this exclusion is that the operator is necessary
  432  for the equipment to perform as designed. For the purpose of
  433  this subparagraph, an operator must do more than maintain,
  434  inspect, or set up the tangible personal property the leasing or
  435  rental of tangible personal property and the possession or use
  436  thereof by the lessee or rentee for a consideration, without
  437  transfer of the title of such property, except as expressly
  438  provided to the contrary herein.
  439         (c)The term “Lease,” “let,” or “rental” does not include
  440  mean hourly, daily, or mileage charges, to the extent that the
  441  such charges are subject to the jurisdiction of the United
  442  States Interstate Commerce Commission, if the when such charges
  443  are paid by reason of the presence of railroad cars owned by
  444  another on the tracks of the taxpayer, or charges made pursuant
  445  to car service agreements.
  446         (d)The term “Lease,” “let,” “rental,” or “license” does
  447  not include payments made to an owner of high-voltage bulk
  448  transmission facilities in connection with the possession or
  449  control of such facilities by a regional transmission
  450  organization, independent system operator, or similar entity
  451  under the jurisdiction of the Federal Energy Regulatory
  452  Commission. However, if where two taxpayers, in connection with
  453  the interchange of facilities, rent or lease property, each to
  454  the other, for use in providing or furnishing any of the
  455  services mentioned in s. 166.231, the term “lease or rental”
  456  means only the net amount of rental involved.
  457         (e)(h) “Real property” means the surface land, improvements
  458  thereto, and fixtures, and is synonymous with “realty” and “real
  459  estate.”
  460         (f)(i) “License,” as used in this chapter with reference to
  461  the use of real property, means the granting of a privilege to
  462  use or occupy a building or a parcel of real property for any
  463  purpose.
  464         (g)(j) Privilege, franchise, or concession fees, or fees
  465  for a license to do business, paid to an airport are not
  466  payments for leasing, letting, renting, or granting a license
  467  for the use of real property.
  468         (25) “Livestock” includes all animals of the equine,
  469  bovine, or swine class, including goats, sheep, mules, horses,
  470  hogs, cattle, and other grazing animals raised for commercial
  471  purposes. The term also includes ostriches and fish raised for
  472  commercial purposes.
  473         (26)(11) “Motor fuel” means and includes what is commonly
  474  known and sold as gasoline and fuels containing a mixture of
  475  gasoline and other products.
  476         (27)(12) “Person” includes an any individual, firm,
  477  copartnership, joint venture adventure, association,
  478  corporation, estate, trust, business trust, receiver, syndicate,
  479  or other group or combination acting as a unit and also includes
  480  any a political subdivision, municipality, state agency, bureau,
  481  or department. The term and includes the plural as well as the
  482  singular number.
  483         (28) “Power farm equipment” means moving or stationary
  484  equipment that contains within itself the means for its
  485  propulsion or power and that is dependent upon an external power
  486  source to perform its functions.
  487         (29) “Product transferred electronically” means a product,
  488  except computer software, which is obtained by a purchaser by
  489  means other than the purchase of tangible storage media.
  490         (30) “Qualified aircraft” means an aircraft having a
  491  maximum certified takeoff weight of less than 10,000 pounds and
  492  equipped with twin turbofan engines that meet Stage IV noise
  493  requirements which is used by a business operating as an on
  494  demand air carrier under Federal Aviation Administration
  495  Regulation Title 14, subchapter G, part 135, Code of Federal
  496  Regulations, which owns or leases and operates a fleet of at
  497  least 25 such aircraft in this state.
  498         (31)(13) “Retailer” means and includes any every person
  499  engaged in the business of making sales at retail or for
  500  distribution, or use, or consumption, or storage to be used or
  501  consumed in this state.
  502         (32)(14)(a) “Retail sale” or a “sale at retail” means a
  503  sale to a consumer or to a any person for a any purpose other
  504  than for resale in the form of tangible personal property or
  505  services taxable under this chapter, and includes all such
  506  transactions that may be made in lieu of retail sales or sales
  507  at retail. A sale for resale includes a sale of qualifying
  508  property. As used in this subsection paragraph, the term
  509  “qualifying property” means tangible personal property, other
  510  than electricity, which is used or consumed by a government
  511  contractor in the performance of a qualifying contract as
  512  defined in s. 212.08(17)(c), to the extent that the cost of the
  513  property is allocated or charged as a direct item of cost to
  514  such contract, title to which property vests in or passes to the
  515  government under the contract. The term “government contractor”
  516  includes prime contractors and subcontractors. As used in this
  517  subsection paragraph, a cost is a “direct item of cost” if it is
  518  a “direct cost” as defined in 48 C.F.R. s. 9904.418-30(a)(2), or
  519  similar successor provisions, including costs identified
  520  specifically with a particular contract.
  521         (a)(b) The terms “retail sales,” “sales at retail,” “use,”
  522  “storage,” and “consumption” include the sale, use, storage, or
  523  consumption of all tangible advertising materials imported or
  524  caused to be imported into this state. Tangible advertising
  525  material includes displays, display containers, brochures,
  526  catalogs, price lists, point-of-sale advertising, and technical
  527  manuals or any tangible personal property that which does not
  528  accompany the product to the ultimate consumer.
  529         (b)(c)The terms “retail sales,” “sale at retail,” “use,”
  530  “storage,” and “consumption” do not include:
  531         1. Materials, containers, labels, sacks, bags, or similar
  532  items intended to accompany a product sold to a customer without
  533  which delivery of the product would be impracticable because of
  534  the character of the contents and be used one time only once for
  535  packaging tangible personal property for sale, or for the
  536  convenience of the customer, or for packaging in the process of
  537  providing a service taxable under this chapter. If When a
  538  separate charge for packaging materials is made, the charge is
  539  shall be considered part of the sales price or rental charge for
  540  purposes of determining the applicability of tax. The terms do
  541  not include
  542         2. The sale, use, storage, or consumption of industrial
  543  materials, including chemicals and fuels except as provided
  544  herein, for future processing, manufacture, or conversion into
  545  articles of tangible personal property for resale if when such
  546  industrial materials, including chemicals and fuels except as
  547  provided herein, become a component or ingredient of the
  548  finished product. However, the terms include the sale, use,
  549  storage, or consumption of tangible personal property, including
  550  machinery and equipment or parts thereof, purchased electricity,
  551  and fuels used to power machinery, if when such items are used
  552  and dissipated in fabricating, converting, or processing
  553  tangible personal property for sale, even though they may become
  554  ingredients or components of the tangible personal property for
  555  sale through accident, wear, tear, erosion, corrosion, or
  556  similar means. The terms do not include the sale of materials to
  557  a registered repair facility for use in repairing a motor
  558  vehicle, airplane, or boat, if when such materials are
  559  incorporated into and sold as part of the repair. Such a sale
  560  shall be deemed a purchase for resale by the repair facility,
  561  even though every material is not separately stated or
  562  separately priced on the repair invoice.
  563         (d)“Gross sales” means the sum total of all sales of
  564  tangible personal property as defined herein, without any
  565  deduction whatsoever of any kind or character, except as
  566  provided in this chapter.
  567         (e) The term “Retail sale” includes a mail order sale, as
  568  defined in s. 212.0596(1).
  569         (33)(15) “Sale” means and includes:
  570         (a) A Any transfer of title or possession, or both, an
  571  exchange, a barter, a license, a lease, or a rental, conditional
  572  or otherwise, in any manner or by any means whatsoever, of
  573  tangible personal property for a consideration.
  574         (b) The rental of living quarters or sleeping or
  575  housekeeping accommodations in hotels, apartment houses, or
  576  roominghouses, or tourist or trailer camps, as hereinafter
  577  defined in this chapter.
  578         (c) The producing, fabricating, processing, printing, or
  579  imprinting of tangible personal property for a consideration for
  580  consumers who furnish either directly or indirectly furnish the
  581  materials used in the producing, fabricating, processing,
  582  printing, or imprinting.
  583         (d) The furnishing, preparing, or serving for a
  584  consideration of any tangible personal property for consumption
  585  on or off the premises of the person furnishing, preparing, or
  586  serving such tangible personal property, which includes the sale
  587  of meals or prepared food by an employer to his or her
  588  employees.
  589         (e) A transaction in which whereby the possession of
  590  property is transferred, but the seller retains title as
  591  security for the payment of the price.
  592         (34)(16) “Sales price” means the measure subject to the tax
  593  imposed by this chapter and the total amount of consideration,
  594  including cash, credit, property, and services, for which
  595  tangible personal property or personal services are sold,
  596  leased, or rented, valued in money, whether received in money or
  597  otherwise.
  598         (a) The sales price may not include a deduction for:
  599         1. The seller’s cost of the property sold;
  600         2. The cost of materials used, labor or service cost,
  601  interest, losses, the cost to the seller of transportation, the
  602  taxes imposed on the seller, and other expenses of the seller;
  603         3. Charges by the seller for services necessary to complete
  604  the sale, other than delivery and installation charges;
  605         4. Delivery charges; or
  606         5. Installation charges.
  607         (b) The sales price does not apply to:
  608         1. Trade-ins allowed and taken at the time of sale, if the
  609  amount is separately stated on the invoice, bill of sale, or
  610  similar document given to the purchaser;
  611         2. Discounts, including cash, terms, or coupons, which are
  612  not reimbursed by a third party, are allowed by a seller, and
  613  taken by a purchaser at the time of sale;
  614         3. Interest, financing, and carrying charges from credit
  615  extended on the sale of personal property or services, if the
  616  amount is separately stated on the invoice, bill of sale, or
  617  similar document given to the purchaser;
  618         4. Taxes legally imposed directly on the consumer which are
  619  separately stated on the invoice, bill of sale, or similar
  620  document given to the purchaser; or total amount paid for
  621  tangible personal property, including any services that are a
  622  part of the sale, valued in money, whether paid in money or
  623  otherwise, and includes any amount for which credit is given to
  624  the purchaser by the seller, without any deduction therefrom on
  625  account of the cost of the property sold, the cost of materials
  626  used, labor or service cost, interest charged, losses, or any
  627  other expense whatsoever. “Sales price” also includes the
  628  consideration for a transaction which requires both labor and
  629  material to alter, remodel, maintain, adjust, or repair tangible
  630  personal property. Trade-ins or discounts allowed and taken at
  631  the time of sale shall not be included within the purview of
  632  this subsection. “Sales price” also includes the full face value
  633  of any coupon used by a purchaser to reduce the price paid to a
  634  retailer for an item of tangible personal property; where the
  635  retailer will be reimbursed for such coupon, in whole or in
  636  part, by the manufacturer of the item of tangible personal
  637  property; or whenever it is not practicable for the retailer to
  638  determine, at the time of sale, the extent to which
  639  reimbursement for the coupon will be made. The term “sales
  640  price” does not include federal excise taxes imposed upon the
  641  retailer on the sale of tangible personal property. The term
  642  “sales price” does include federal manufacturers’ excise taxes,
  643  even if the federal tax is listed as a separate item on the
  644  invoice. To the extent required by federal law, the term “sales
  645  price” does not include
  646         5. Charges for Internet access services which are not
  647  itemized on the customer’s bill, but which can be reasonably
  648  identified from the selling dealer’s books and records kept in
  649  the regular course of business. The dealer may support the
  650  allocation of charges with books and records kept in the regular
  651  course of business covering the dealer’s entire service area,
  652  including territories outside this state.
  653         (35) “Sea trial” means a voyage for the purpose of testing
  654  repair or modification work which in length and scope is
  655  reasonably necessary to test repairs or modifications, or a
  656  voyage for the purpose of ascertaining the seaworthiness of a
  657  vessel. If the purpose of the sea trial is to test repair or
  658  modification work, the owner or repair facility shall certify,
  659  on a form prescribed by the department, the repairs that have
  660  been tested. The owner and the repair facility may also be
  661  required to certify that the length and scope of the voyage were
  662  reasonably necessary to test the repairs or modifications.
  663         (36) “Seller” means a person making sales, leases, or
  664  rentals of personal property or services.
  665         (37) “Solar energy system” means the equipment and
  666  requisite hardware that provide and are used for collecting,
  667  transferring, converting, storing, or using incident solar
  668  energy for water heating, space heating, cooling, or other
  669  applications that would otherwise require the use of a
  670  conventional source of energy, such as petroleum products,
  671  natural gas, manufactured gas, or electricity.
  672         (38) “Space flight” means a flight designed for suborbital,
  673  orbital, or interplanetary travel of a space vehicle, satellite,
  674  or station of any kind.
  675         (39) “Spaceport activities” means activities directed or
  676  sponsored by Space Florida on spaceport territory pursuant to
  677  its powers and responsibilities under the Space Florida Act.
  678         (17) “Diesel fuel” means any liquid product, gas product,
  679  or combination thereof used in an internal combustion engine or
  680  motor to propel any form of vehicle, machine, or mechanical
  681  contrivance. This term includes, but is not limited to, all
  682  forms of fuel commonly or commercially known or sold as diesel
  683  fuel or kerosene. However, the term “diesel fuel” does not
  684  include butane gas, propane gas, or any other form of liquefied
  685  petroleum gas or compressed natural gas.
  686         (40)(18) “Storage” means and includes any keeping or
  687  retaining retention in this state of tangible personal property
  688  in this state for use or consumption in this state or for a any
  689  purpose other than sale at retail in the regular course of
  690  business.
  691         (41) “Streamlined Sales and Use Tax Agreement” means the
  692  agreement described in s. 213.256.
  693         (42)(19) “Tangible personal property” means and includes
  694  personal property that which may be seen, weighed, measured, or
  695  touched, or that is in any manner perceptible to the senses. The
  696  term includes, including electric power or energy; water, gas,
  697  or steam;, boats;, motor vehicles and mobile homes, as those
  698  terms are defined in s. 320.01;(1) and (2), aircraft, as defined
  699  in s. 330.27;, and all other types of vehicles. The term
  700  “tangible personal property” does not include stocks, bonds,
  701  notes, insurance, or other obligations or securities, a product
  702  transferred electronically, or pari-mutuel tickets sold or
  703  issued under the racing laws of this the state.
  704         (43)(20) “Use” means and includes the exercise of a any
  705  right or power over tangible personal property incident to the
  706  ownership thereof, or interest therein, except that it does not
  707  include the sale at retail of that property in the regular
  708  course of business. The term “use” does not include:
  709         (a) The loan of an automobile by a motor vehicle dealer to
  710  a high school for use in its driver education and safety
  711  program. The term “use” does not include
  712         (b) A contractor’s use of “qualifying property” as defined
  713  in subsection (32) by paragraph (14)(a).
  714         (44)(21)The term “Use tax” referred to in this chapter
  715  includes the use, the consumption, the distribution, and the
  716  storage as herein defined.
  717         (45) “Voluntary seller” or “volunteer seller” means a
  718  seller that is not required to register in this state to collect
  719  the tax imposed by this chapter.
  720         (22) “Spaceport activities” means activities directed or
  721  sponsored by Space Florida on spaceport territory pursuant to
  722  its powers and responsibilities under the Space Florida Act.
  723         (23) “Space flight” means any flight designed for
  724  suborbital, orbital, or interplanetary travel of a space
  725  vehicle, satellite, or station of any kind.
  726         (24) “Coin-operated amusement machine” means any machine
  727  operated by coin, slug, token, coupon, or similar device for the
  728  purposes of entertainment or amusement. The term includes, but
  729  is not limited to, coin-operated pinball machines, music
  730  machines, juke boxes, mechanical games, video games, arcade
  731  games, billiard tables, moving picture viewers, shooting
  732  galleries, and all other similar amusement devices.
  733         (25) “Sea trial” means a voyage for the purpose of testing
  734  repair or modification work, which is in length and scope
  735  reasonably necessary to test repairs or modifications, or a
  736  voyage for the purpose of ascertaining the seaworthiness of a
  737  vessel. If the sea trial is to test repair or modification work,
  738  the owner or repair facility shall certify, in a form required
  739  by the department, what repairs have been tested. The owner and
  740  the repair facility may also be required to certify that the
  741  length and scope of the voyage were reasonably necessary to test
  742  the repairs or modifications.
  743         (26) “Solar energy system” means the equipment and
  744  requisite hardware that provide and are used for collecting,
  745  transferring, converting, storing, or using incident solar
  746  energy for water heating, space heating, cooling, or other
  747  applications that would otherwise require the use of a
  748  conventional source of energy such as petroleum products,
  749  natural gas, manufactured gas, or electricity.
  750         (27) “Agricultural commodity” means horticultural,
  751  aquacultural, poultry and farm products, and livestock and
  752  livestock products.
  753         (28) “Farmer” means a person who is directly engaged in the
  754  business of producing crops, livestock, or other agricultural
  755  commodities. The term includes, but is not limited to, horse
  756  breeders, nurserymen, dairy farmers, poultry farmers, cattle
  757  ranchers, apiarists, and persons raising fish.
  758         (29) “Livestock” includes all animals of the equine,
  759  bovine, or swine class, including goats, sheep, mules, horses,
  760  hogs, cattle, ostriches, and other grazing animals raised for
  761  commercial purposes. The term also includes all aquaculture
  762  products, as defined in s. 597.0015 and identified by the
  763  Department of Agriculture and Consumer Services pursuant to s.
  764  597.003, raised for commercial purposes.
  765         (30) “Power farm equipment” means moving or stationary
  766  equipment that contains within itself the means for its own
  767  propulsion or power and moving or stationary equipment that is
  768  dependent upon an external power source to perform its
  769  functions.
  770         (31) “Forest” means the land stocked by trees of any size
  771  used in the production of forest products, or formerly having
  772  such tree cover, and not currently developed for nonforest use.
  773         (32) “Agricultural production” means the production of
  774  plants and animals useful to humans, including the preparation,
  775  planting, cultivating, or harvesting of these products or any
  776  other practices necessary to accomplish production through the
  777  harvest phase, including storage of raw products on a farm. The
  778  term includes aquaculture, horticulture, floriculture,
  779  viticulture, forestry, dairy, livestock, poultry, bees, and any
  780  and all forms of farm products and farm production.
  781         (33) “Qualified aircraft” means any aircraft having a
  782  maximum certified takeoff weight of less than 10,000 pounds and
  783  equipped with twin turbofan engines that meet Stage IV noise
  784  requirements that is used by a business operating as an on
  785  demand air carrier under Federal Aviation Administration
  786  Regulation Title 14, chapter I, part 135, Code of Federal
  787  Regulations, that owns or leases and operates a fleet of at
  788  least 25 of such aircraft in this state.
  789         (34) “Fractional aircraft ownership program” means a
  790  program that meets the requirements of 14 C.F.R. part 91,
  791  subpart K, relating to fractional ownership operations, except
  792  that the program must include a minimum of 25 aircraft owned or
  793  leased by the program manager and used in the program.
  794         Section 2. Paragraph (c) of subsection (7) of section
  795  212.03, Florida Statutes, is amended to read:
  796         212.03 Transient rentals tax; rate, procedure, enforcement,
  797  exemptions.—
  798         (7)
  799         (c) The rental of facilities in a trailer camp, mobile home
  800  park, or recreational vehicle park, as defined in s.
  801  212.02(10)(f), which are intended primarily for rental as a
  802  principal or permanent place of residence is exempt from the tax
  803  imposed by this chapter. The rental of such facilities that
  804  primarily serve transient guests is not exempt under by this
  805  subsection. In applying the application of this law, or in
  806  making a any determination against the exemption, the department
  807  shall consider the facility as primarily serving transient
  808  guests unless the facility owner makes a verified declaration on
  809  a form prescribed by the department that more than half of the
  810  total rental units available are occupied by tenants who have a
  811  continuous residence of more than in excess of 3 months. The
  812  owner of a facility declared to be exempt under by this
  813  paragraph must determine make a determination of the taxable
  814  status of the facility at the end of the owner’s accounting year
  815  using any consecutive 3-month period, at least 1 one month of
  816  which is in the accounting year. The owner shall must use a
  817  selected consecutive 3-month period during each annual
  818  redetermination. If In the event that an exempt facility no
  819  longer qualifies for the exemption by this paragraph, the owner
  820  must so notify the department on a form prescribed by the
  821  department by the 20th day of the first month of the owner’s
  822  next succeeding accounting year that the facility no longer
  823  qualifies for such exemption. The tax levied by this section
  824  applies shall apply to the rental of facilities that no longer
  825  qualify for the exemption under this paragraph beginning the
  826  first day of the owner’s next succeeding accounting year. The
  827  provisions of This paragraph does do not apply to mobile home
  828  lots regulated under chapter 723.
  829         Section 3. Subsection (6) of section 212.0306, Florida
  830  Statutes, is amended to read:
  831         212.0306 Local option food and beverage tax; procedure for
  832  levying; authorized uses; administration.—
  833         (6) A Any county levying a tax authorized by this section
  834  must locally administer the tax using the powers and duties
  835  enumerated for local administration of the tourist development
  836  tax by s. 125.0104, 1992 Supplement to the Florida Statutes
  837  1991. The county’s ordinance shall also provide for brackets
  838  applicable to taxable transactions.
  839         Section 4. Paragraph (b) of subsection (1) of section
  840  212.04, Florida Statutes, is amended to read:
  841         212.04 Admissions tax; rate, procedure, enforcement.—
  842         (1)
  843         (b) For the exercise of such privilege, a tax is levied at
  844  the rate of 6 percent of sales price, or the actual value
  845  received from such admissions, which amount 6 percent shall be
  846  added to and collected with all such admissions from the
  847  purchaser thereof, and such tax shall be paid for the exercise
  848  of the privilege as declared defined in the preceding paragraph
  849  (a). Each ticket must show on its face the actual sales price of
  850  the admission, or each dealer selling the admission must
  851  prominently display at the box office or other place where the
  852  admission charge is made a notice disclosing the price of the
  853  admission., and The tax shall be computed and collected on the
  854  basis of the actual price of the admission charged by the
  855  dealer. The sale price or actual value of admission shall, for
  856  the purpose of this chapter, is the be that price remaining
  857  after deduction of federal taxes and state or locally imposed or
  858  authorized seat surcharges, taxes, or fees, if any, imposed upon
  859  such admission. The sale price or actual value does not include
  860  separately stated ticket service charges that are imposed by a
  861  facility ticket office or a ticketing service and added to a
  862  separately stated, established ticket price. The rate of tax on
  863  each admission shall be according to the brackets established by
  864  s. 212.12(9).
  865         Section 5. Section 212.05, Florida Statutes, is amended to
  866  read:
  867         212.05 Sales, storage, use tax.—The Legislature intends It
  868  is hereby declared to be the legislative intent that each every
  869  person is exercising a taxable privilege who engages in the
  870  business of selling tangible personal property at retail in this
  871  state, including the business of making mail order sales, or who
  872  rents or furnishes any of the things or services taxable under
  873  this chapter, or who stores for use or consumption in this state
  874  an any item or article of tangible personal property as defined
  875  herein and who leases or rents such property in this within the
  876  state is exercising a taxable privilege.
  877         (1) For the exercise of such privilege, a tax is levied on
  878  each taxable transaction or incident, which tax is due and
  879  payable as follows:
  880         (a)1.a. At the rate of 6 percent of the sales price of each
  881  item or article of tangible personal property if when sold at
  882  retail in this state, computed on each taxable sale for the
  883  purpose of remitting the amount of tax due the state, and
  884  including each and every retail sale.
  885         1.b.The Each occasional or isolated sale of an aircraft,
  886  boat, mobile home, or motor vehicle of a class or type which is
  887  required to be registered, licensed, titled, or documented in
  888  this state or by the United States Government is shall be
  889  subject to tax at the rate provided in this paragraph. The
  890  department shall by rule adopt a any nationally recognized
  891  publication for valuation of used motor vehicles as the
  892  reference price list for a any used motor vehicle that must
  893  which is required to be licensed pursuant to s. 320.08(1), (2),
  894  (3)(a), (b), (c), or (e), or (9). If a any party to an
  895  occasional or isolated sale of such a vehicle reports to the tax
  896  collector a sales price that which is less than 80 percent of
  897  the average loan price for the specified model and year of such
  898  vehicle as listed in the most recent reference price list, the
  899  tax levied under this paragraph shall be computed by the
  900  department on such average loan price unless the parties to the
  901  sale have provided to the tax collector an affidavit signed by
  902  each party, or other substantial proof, stating the actual sales
  903  price. A Any party to such sale who reports a sales price less
  904  than the actual sales price commits is guilty of a misdemeanor
  905  of the first degree, punishable as provided in s. 775.082 or s.
  906  775.083. The department shall collect or attempt to collect from
  907  such party any delinquent sales taxes. In addition, Such party
  908  shall also pay any tax due and any penalty and interest assessed
  909  plus a penalty equal to twice the amount of the additional tax
  910  owed. Notwithstanding any other provision of law, the department
  911  of Revenue may waive or compromise a any penalty imposed
  912  pursuant to this subparagraph.
  913         2. This paragraph does not apply to the sale of a boat or
  914  aircraft by or through a registered dealer under this chapter to
  915  a purchaser who, at the time of taking delivery, is a
  916  nonresident of this state, does not make his or her permanent
  917  place of abode in this state, and is not engaged in carrying on
  918  in this state any employment, trade, business, or profession in
  919  this state in which the boat or aircraft will be used in this
  920  state, or is a corporation of which none of the officers or
  921  directors of which is a resident of, or makes his or her
  922  permanent place of abode in, this state, or is a noncorporate
  923  entity that does not have an has no individual vested with
  924  authority to participate in the management, direction, or
  925  control of the entity’s affairs who is a resident of, or makes
  926  his or her permanent abode in, this state. For purposes of this
  927  exemption, either a registered dealer acting on his or her own
  928  behalf as seller, a registered dealer acting as broker on behalf
  929  of a seller, or a registered dealer acting as broker on behalf
  930  of the purchaser may be deemed to be the selling dealer. This
  931  exemption is shall not be allowed unless:
  932         a. The purchaser removes a qualifying boat, as described in
  933  sub-subparagraph f., from the state within 90 days after the
  934  date of purchase or extension, or the purchaser removes a
  935  nonqualifying boat or an aircraft from this state within 10 days
  936  after the date of purchase, or, if when the boat or aircraft is
  937  repaired or altered, within 20 days after completion of the
  938  repairs or alterations;
  939         b. The purchaser, within 30 days from the date of
  940  departure, provides shall provide the department with written
  941  proof that the purchaser licensed, registered, titled, or
  942  documented the boat or aircraft outside the state or,. if such
  943  written proof is unavailable, provides within 30 days the
  944  purchaser shall provide proof that the purchaser applied for
  945  such license, title, registration, or documentation. The
  946  purchaser shall forward to the department proof of title,
  947  license, registration, or documentation upon receipt;
  948         c. The purchaser, within 10 days after of removing the boat
  949  or aircraft from this state Florida, furnishes shall furnish the
  950  department with proof of removal in the form of receipts for
  951  fuel, dockage, slippage, tie-down, or hangaring from outside the
  952  state of Florida. The information so provided must clearly and
  953  specifically identify the boat or aircraft;
  954         d. The selling dealer, within 5 days after of the date of
  955  sale, provides shall provide to the department a copy of the
  956  sales invoice, closing statement, bills of sale, and the
  957  original affidavit signed by the purchaser attesting that he or
  958  she has read the provisions of this section;
  959         e. The seller makes a copy of the affidavit a part of his
  960  or her record for the period as long as required by s. 213.35;
  961  and
  962         f. Unless The nonresident purchaser of a boat of 5 net tons
  963  of admeasurement or larger intends to remove the boat from this
  964  state within 10 days after the date of purchase or if when the
  965  boat is repaired or altered, within 20 days after completion of
  966  the repairs or alterations, the nonresident purchaser applies
  967  shall apply to the selling dealer for a decal that which
  968  authorizes the removal of the boat within 90 days after the date
  969  of purchase for removal of the boat. The nonresident purchaser
  970  of a qualifying boat may apply to the selling dealer within 60
  971  days after the date of purchase for an extension decal that
  972  authorizes the boat to remain in this state for an additional 90
  973  days, but not more than a total of 180 days, before the
  974  nonresident purchaser must is required to pay the tax imposed by
  975  this chapter. The department may is authorized to issue decals
  976  in advance to dealers. The number of decals issued in advance to
  977  a dealer must shall be consistent with the volume of the
  978  dealer’s past sales of boats which qualify under this sub
  979  subparagraph. The selling dealer or his or her agent shall mark
  980  and affix the decals to qualifying boats in the manner
  981  prescribed by the department before, prior to delivery of the
  982  boat.
  983         (I) The department may is hereby authorized to charge
  984  dealers a fee sufficient to recover the costs of decals issued,
  985  except that the extension decal shall cost $425.
  986         (II) The proceeds from the sale of decals shall will be
  987  deposited into the administrative trust fund.
  988         (III) Decals must shall display information that identifies
  989  to identify the boat as a qualifying boat under this sub
  990  subparagraph, including, but not limited to, the decal’s date of
  991  expiration.
  992         (IV) The department may is authorized to require dealers
  993  who purchase decals to file reports with the department and may
  994  prescribe all necessary records by rule. All such records are
  995  subject to inspection by the department.
  996         (V) A Any dealer or his or her agent who issues a decal
  997  falsely, fails to affix a decal, mismarks the expiration date of
  998  a decal, or fails to properly account for decals will be
  999  considered prima facie to have committed a fraudulent act to
 1000  evade the tax and is will be liable for payment of the tax plus
 1001  a mandatory penalty of 200 percent of the tax, and commits shall
 1002  be liable for fine and punishment as provided by law for a
 1003  conviction of a misdemeanor of the first degree, punishable as
 1004  provided in s. 775.082 or s. 775.083.
 1005         (VI) A Any nonresident purchaser of a boat who removes a
 1006  decal before prior to permanently removing the boat from the
 1007  state, or defaces, changes, modifies, or alters a decal in a
 1008  manner affecting its expiration date before prior to its
 1009  expiration, or who causes or allows the same to be done by
 1010  another, is will be considered prima facie to have committed a
 1011  fraudulent act to evade the tax, is and will be liable for
 1012  payment of the tax plus a mandatory penalty of 200 percent of
 1013  the tax, and commits shall be liable for fine and punishment as
 1014  provided by law for a conviction of a misdemeanor of the first
 1015  degree, punishable as provided in s. 775.082 or s. 775.083.
 1016         (VII) The department may is authorized to adopt rules
 1017  necessary to administer and enforce this subparagraph and to
 1018  publish the necessary forms and instructions.
 1019         (VIII) The department is hereby authorized to adopt
 1020  emergency rules pursuant to s. 120.54(4) to administer and
 1021  enforce the provisions of this subparagraph.
 1022         g. If the purchaser fails to remove the qualifying boat
 1023  from this state within the maximum 180 days after purchase or a
 1024  nonqualifying boat or an aircraft from this state within 10 days
 1025  after purchase or, if when the boat or aircraft is repaired or
 1026  altered, within 20 days after completion of such repairs or
 1027  alterations, or permits the boat or aircraft to return to this
 1028  state within 6 months after from the date of departure, except
 1029  as provided in s. 212.08(7)(fff), or if the purchaser fails to
 1030  furnish the department with any of the documentation required by
 1031  sub-subparagraph f. this subparagraph within the prescribed time
 1032  period, the purchaser is shall be liable for use tax on the cost
 1033  price of the boat or aircraft and, in addition thereto, payment
 1034  of a penalty to the department of Revenue equal to the tax
 1035  payable. This penalty is shall be in lieu of the penalty imposed
 1036  by s. 212.12(2). The maximum 180-day period following the sale
 1037  of a qualifying boat tax-exempt to a nonresident may not be
 1038  tolled for any reason.
 1039         (b) At the rate of 6 percent of the cost price of each item
 1040  or article of tangible personal property, if it when the same is
 1041  not sold but is used, consumed, distributed, or stored for use
 1042  or consumption in this state; however, for tangible property
 1043  originally purchased exempt from tax for use exclusively for
 1044  lease and which is converted to the owner’s own use, tax may be
 1045  paid on the fair market value of the property at the time of
 1046  conversion. If the fair market value of the property cannot be
 1047  determined, use tax at the time of conversion shall be based on
 1048  the owner’s acquisition cost. Under no circumstances may The
 1049  aggregate amount of sales tax from leasing the property and use
 1050  tax due at the time of conversion may not be less than the total
 1051  sales tax that would have been due on the original acquisition
 1052  cost paid by the owner.
 1053         (c) At the rate of 6 percent of the gross proceeds derived
 1054  from the lease or rental of tangible personal property, as
 1055  defined herein; however, the following special provisions apply
 1056  to the lease or rental of motor vehicles:
 1057         1. When a motor vehicle is leased or rented for a period of
 1058  less than 12 months:
 1059         a. If the motor vehicle is rented in Florida, the entire
 1060  amount of such rental is taxable, even if the vehicle is dropped
 1061  off in another state.
 1062         b. If the motor vehicle is rented in another state and
 1063  dropped off in Florida, the rental is exempt from Florida tax.
 1064         2. Except as provided in subparagraph 3., for the lease or
 1065  rental of a motor vehicle for a period of not less than 12
 1066  months, sales tax is due on the lease or rental payments if the
 1067  vehicle is registered in this state; provided, however, that no
 1068  tax shall be due if the taxpayer documents use of the motor
 1069  vehicle outside this state and tax is being paid on the lease or
 1070  rental payments in another state.
 1071         3. The tax imposed by this chapter does not apply to the
 1072  lease or rental of a commercial motor vehicle as defined in s.
 1073  316.003(66)(a) to one lessee or rentee for a period of not less
 1074  than 12 months when tax was paid on the purchase price of such
 1075  vehicle by the lessor. To the extent tax was paid with respect
 1076  to the purchase of such vehicle in another state, territory of
 1077  the United States, or the District of Columbia, the Florida tax
 1078  payable shall be reduced in accordance with the provisions of s.
 1079  212.06(7). This subparagraph shall only be available when the
 1080  lease or rental of such property is an established business or
 1081  part of an established business or the same is incidental or
 1082  germane to such business.
 1083         (d) At the rate of 6 percent of the lease or rental price
 1084  paid by a lessee or rentee, or contracted or agreed to be paid
 1085  by a lessee or rentee, to the owner of the tangible personal
 1086  property.
 1087         (e)1. At the rate of 6 percent on charges for:
 1088         1.a. Prepaid calling arrangements. The tax on charges for
 1089  prepaid calling arrangements shall be collected at the time of
 1090  sale and remitted by the selling dealer.
 1091         a.(I) “Prepaid calling arrangement” has the same meaning as
 1092  provided in s. 202.11.
 1093         b.(II)If The sale or recharge of the prepaid calling
 1094  arrangement is does not take place at the dealer’s place of
 1095  business, it shall be deemed to take have taken place in
 1096  accordance at the customer’s shipping address or, if no item is
 1097  shipped, at the customer’s address or the location associated
 1098  with s. 212.06(17) the customer’s mobile telephone number.
 1099         c.(III) The sale or recharge of a prepaid calling
 1100  arrangement shall be treated as a sale of tangible personal
 1101  property for purposes of this chapter, regardless of whether a
 1102  tangible item evidencing such arrangement is furnished to the
 1103  purchaser, and such sale in within this state subjects the
 1104  selling dealer to the jurisdiction of this state for purposes of
 1105  this subsection.
 1106         d.(IV) No additional tax under this chapter or chapter 202
 1107  is due or payable if a purchaser of a prepaid calling
 1108  arrangement who has paid tax under this chapter on the sale or
 1109  recharge of such arrangement applies one or more units of the
 1110  prepaid calling arrangement to obtain communications services as
 1111  described in s. 202.11(9)(b)3., other services that are not
 1112  communications services, or products.
 1113         2.b. The installation of telecommunication and telegraphic
 1114  equipment.
 1115         3.c. Electrical power or energy, except that the tax rate
 1116  for charges for electrical power or energy is 4.35 percent.
 1117  Charges for electrical power and energy do not include taxes
 1118  imposed under ss. 166.231 and 203.01(1)(a)3.
 1119  
 1120  2. Section 212.17(3), regarding credit for tax paid on charges
 1121  subsequently found to be worthless, is equally applicable to any
 1122  tax paid under this section on charges for prepaid calling
 1123  arrangements, telecommunication or telegraph services, or
 1124  electric power subsequently found to be uncollectible. As used
 1125  in this paragraph, the term “charges” does not include an any
 1126  excise or similar tax levied by the Federal Government, a
 1127  political subdivision of this state, or a municipality upon the
 1128  purchase, sale, or recharge of prepaid calling arrangements or
 1129  upon the purchase or sale of telecommunication, television
 1130  system program, or telegraph service or electric power, which
 1131  tax is collected by the seller from the purchaser.
 1132         (f) At the rate of 6 percent on the sale, rental, use,
 1133  consumption, or storage for use in this state of machines and
 1134  equipment, and parts and accessories therefor, used in
 1135  manufacturing, processing, compounding, producing, mining, or
 1136  quarrying personal property for sale or to be used in furnishing
 1137  communications, transportation, or public utility services.
 1138         (g)1. At the rate of 6 percent on the retail price of
 1139  newspapers and magazines sold or used in Florida. However,
 1140         2. notwithstanding any other provision provisions of this
 1141  chapter, inserts of printed materials which are distributed with
 1142  a newspaper or magazine are a component part of the newspaper or
 1143  magazine, and neither the sale or nor use of such inserts is not
 1144  subject to tax if when:
 1145         1.a. Printed by a newspaper or magazine publisher or
 1146  commercial printer and distributed as a component part of a
 1147  newspaper or magazine, which means that the items after being
 1148  printed are delivered directly to a newspaper or magazine
 1149  publisher by the printer for inclusion in editions of the
 1150  distributed newspaper or magazine;
 1151         2.b. Such publications are labeled as part of the
 1152  designated newspaper or magazine publication into which they are
 1153  to be inserted; and
 1154         3.c. The purchaser of the insert presents a resale
 1155  certificate to the vendor stating that the inserts are to be
 1156  distributed as a component part of a newspaper or magazine.
 1157         (h)1.A tax is imposed At the rate of 4 percent on the
 1158  charges for the use of coin-operated amusement machines.
 1159         1. The tax shall be calculated by dividing the gross
 1160  receipts from such charges for the applicable reporting period
 1161  by a divisor, determined as provided in this subparagraph, to
 1162  compute gross taxable sales, and then subtracting gross taxable
 1163  sales from gross receipts to arrive at the amount of tax due.
 1164  For counties that do not impose a discretionary sales surtax,
 1165  the divisor is equal to 1.04; for counties that impose a 0.5
 1166  percent discretionary sales surtax, the divisor is equal to
 1167  1.045; for counties that impose a 1 percent discretionary sales
 1168  surtax, the divisor is equal to 1.050; and for counties that
 1169  impose a 2 percent sales surtax, the divisor is equal to 1.060.
 1170  If a county imposes a discretionary sales surtax that is not
 1171  listed in this subparagraph, the department shall make the
 1172  applicable divisor available in an electronic format or
 1173  otherwise. Additional divisors must shall bear the same
 1174  mathematical relationship to the next higher and next lower
 1175  divisors as the new surtax rate bears to the next higher and
 1176  next lower surtax rates for which divisors have been
 1177  established. If When a machine is activated by a slug, token,
 1178  coupon, or any similar device that which has been purchased, the
 1179  tax is on the price paid by the user of the device for such
 1180  device.
 1181         2. As used in this paragraph, the term “operator” means a
 1182  any person who possesses a coin-operated amusement machine for
 1183  the purpose of generating sales through that machine and who is
 1184  responsible for removing the receipts from the machine.
 1185         a. If the owner of the machine is also the operator of it,
 1186  he or she is shall be liable for payment of the tax without any
 1187  deduction for rent or a license fee paid to a location owner for
 1188  the use of any real property on which the machine is located.
 1189         b. If the owner or lessee of the machine is also its
 1190  operator, he or she is shall be liable for payment of the tax on
 1191  the purchase or lease of the machine, as well as the tax on
 1192  sales generated through the machine.
 1193         c. If the proprietor of the business where the machine is
 1194  located does not own the machine, he or she shall be deemed to
 1195  be the lessee and operator of the machine and is responsible for
 1196  the payment of the tax on sales, unless such responsibility is
 1197  otherwise provided for in a written agreement between him or her
 1198  and the machine owner.
 1199         3.a. An operator of a coin-operated amusement machine may
 1200  not operate or cause to be operated in this state any such
 1201  machine until the operator registers has registered with the
 1202  department, applies to the department for an identifying
 1203  certificate, and has conspicuously displays such displayed an
 1204  identifying certificate on the premises where the coin-operated
 1205  amusement machines are being operated issued by the department.
 1206  The identifying certificate shall be issued by the department
 1207  upon application from the operator. The identifying certificate
 1208  must shall include a unique number, and the certificate shall be
 1209  permanently marked with the operator’s name, the operator’s
 1210  sales tax number, and the maximum number of machines to be
 1211  operated under the certificate. An identifying certificate may
 1212  shall not be transferred from one operator to another. The
 1213  identifying certificate must be conspicuously displayed on the
 1214  premises where the coin-operated amusement machines are being
 1215  operated.
 1216         a.b. The operator of the machine must obtain an identifying
 1217  certificate before the machine is first operated in the state
 1218  and by July 1 of each year thereafter. The annual fee for the
 1219  each certificate shall be based on the number of machines
 1220  identified on the application times $30 and is due and payable
 1221  upon applying application for the identifying device. The
 1222  application must shall contain the operator’s name, sales tax
 1223  number, business address where the machines are being operated,
 1224  and the number of machines being operated in operation at that
 1225  place of business by the operator. An No operator may not
 1226  operate more machines than are listed on the certificate. A new
 1227  certificate is required if more machines are to be being
 1228  operated at that location than are listed on the certificate.
 1229  The fee for the new certificate shall be based on the number of
 1230  additional machines identified on the application form times
 1231  $30.
 1232         b.c. A penalty of $250 per machine is imposed on the
 1233  operator for failing to properly obtain and display the required
 1234  identifying certificate. A penalty of $250 is imposed on the
 1235  lessee of a any machine placed in a place of business without a
 1236  valid proper current identifying certificate. Such penalties are
 1237  shall apply in addition to all other applicable taxes, interest,
 1238  and penalties.
 1239         c.d. Operators of coin-operated amusement machines must
 1240  obtain a separate sales and use tax certificate of registration
 1241  for each county in which such machines are located. One sales
 1242  and use tax certificate of registration is sufficient for all of
 1243  the operator’s machines within a single county.
 1244         4. The provisions of This paragraph does do not apply to
 1245  coin-operated amusement machines owned and operated by churches
 1246  or synagogues.
 1247         5. In addition to any other penalties imposed by this
 1248  chapter, a person who knowingly and willfully violates a any
 1249  provision of this paragraph commits a misdemeanor of the second
 1250  degree, punishable as provided in s. 775.082 or s. 775.083.
 1251         6. The department may adopt rules necessary to administer
 1252  the provisions of this paragraph.
 1253         (i)1. At the rate of 6 percent on charges for all:
 1254         a. Investigation services Detective, security guards and
 1255  patrol services burglar protection, armored car services, and
 1256  security system other protection services, (NAICS National
 1257  Numbers 561611, 561612, 561613, and 561621, respectively). A Any
 1258  law enforcement officer, as defined in s. 943.10, who is
 1259  performing approved duties as determined by his or her local law
 1260  enforcement agency in his or her capacity as a law enforcement
 1261  officer, and who is subject to the direct and immediate command
 1262  of the his or her law enforcement agency, and wearing a in the
 1263  law enforcement officer’s uniform as authorized by the his or
 1264  her law enforcement agency, is performing law enforcement and
 1265  public safety services and is not performing investigation
 1266  services detective, security guards and patrol services burglar
 1267  protection, armored car services, or security system other
 1268  protective services, if the law enforcement officer is
 1269  performing his or her approved duties in a geographical area in
 1270  which the law enforcement officer has arrest jurisdiction. Such
 1271  law enforcement and public safety services are not subject to
 1272  tax irrespective of whether the duty is characterized as “extra
 1273  duty,” “off-duty,” or “secondary employment,” and irrespective
 1274  of whether the officer is paid directly or through the officer’s
 1275  agency by an outside source. The term “law enforcement officer”
 1276  includes a full-time or part-time law enforcement officer
 1277  officers, and an any auxiliary law enforcement officer if the,
 1278  when such auxiliary law enforcement officer is working under the
 1279  direct supervision of a full-time or part-time law enforcement
 1280  officer.
 1281         b. Janitorial services Nonresidential cleaning, excluding
 1282  cleaning of the interiors of transportation equipment, and
 1283  nonresidential building exterminating and pest control services,
 1284  (NAICS National Numbers 561710 and 561720 and 561710,
 1285  respectively).
 1286         2. As used in this paragraph, “NAICS” means those
 1287  classifications contained in the North American Industry
 1288  Classification System, as published in 2012 2007 by the Office
 1289  of Management and Budget, Executive Office of the President.
 1290         3. Charges for investigation services detective, security
 1291  guards and patrol services burglar protection, armored car
 1292  services, and security system other protection security services
 1293  performed in this state but used outside this state are exempt
 1294  from taxation. Charges for investigation services detective,
 1295  security guards and patrol services burglar protection, armored
 1296  car services, and security system other protection security
 1297  services performed outside this state and used in this state are
 1298  subject to tax.
 1299         4. If a transaction involves both the sale or use of a
 1300  service taxable under this paragraph and the sale or use of a
 1301  service or any other item not taxable under this chapter, the
 1302  consideration paid must be separately identified and stated with
 1303  respect to the taxable and exempt portions of the transaction or
 1304  the entire transaction is shall be presumed taxable. The burden
 1305  is shall be on the seller of the service or the purchaser of the
 1306  service, as whichever applicable, to overcome this presumption
 1307  by providing documentary evidence as to which portion of the
 1308  transaction is exempt from tax. The department may is authorized
 1309  to adjust the amount of consideration identified as the taxable
 1310  and exempt portions of the transaction; however, a determination
 1311  that the taxable and exempt portions are inaccurately stated and
 1312  that the adjustment is applicable must be supported by
 1313  substantial competent evidence.
 1314         5. Each seller of services subject to sales tax pursuant to
 1315  this paragraph shall maintain a monthly log showing each
 1316  transaction for which sales tax was not collected because the
 1317  services meet the requirements of subparagraph 3. for out-of
 1318  state use. The log must identify the purchaser’s name, location
 1319  and mailing address, and federal employer identification number,
 1320  if a business, or the social security number, if an individual,
 1321  the service sold, the price of the service, the date of sale,
 1322  the reason for the exemption, and the sales invoice number. The
 1323  monthly log shall be maintained pursuant to the same
 1324  requirements and subject to the same penalties imposed for the
 1325  keeping of similar records pursuant to this chapter.
 1326         (j)1. Notwithstanding any other provision of this chapter,
 1327  there is hereby levied a tax on the sale, use, consumption, or
 1328  storage for use in this state of a any coin or currency, whether
 1329  in circulation or not, is levied if, when such coin or currency:
 1330         a. Is not legal tender;
 1331         b. If legal tender, is sold, exchanged, or traded at a rate
 1332  in excess of its face value; or
 1333         c. Is sold, exchanged, or traded at a rate based on its
 1334  precious metal content.
 1335         2. Such tax shall be at a rate of 6 percent of the price at
 1336  which the coin or currency is sold, exchanged, or traded, except
 1337  that such tax may not be levied on, with respect to a coin or
 1338  currency that which is legal tender of the United States and
 1339  that which is sold, exchanged, or traded, such tax shall not be
 1340  levied.
 1341         3. There are exempt from this tax Exchanges of coins or
 1342  currency that which are in general circulation in, and legal
 1343  tender of, one nation for coins or currency that which are in
 1344  general circulation in, and legal tender of, another nation if
 1345  when exchanged solely for use as legal tender and at an exchange
 1346  rate based on the relative value of each as a medium of
 1347  exchange, are exempt from the tax.
 1348         4. With respect to a any transaction that involves the sale
 1349  of coins or currency taxable under this paragraph in which the
 1350  taxable amount represented by the sale of such coins or currency
 1351  exceeds $500, the entire amount represented by the sale of such
 1352  sale coins or currency is exempt from the tax imposed under this
 1353  paragraph. The dealer must maintain proper documentation, as
 1354  prescribed by rule of the department, to identify that portion
 1355  of a transaction which involves the sale of coins or currency
 1356  and is exempt under this subparagraph.
 1357         (k) At the rate of 6 percent of the sales price of each
 1358  gallon of diesel fuel not taxed under chapter 206 purchased for
 1359  use in a vessel, except dyed diesel fuel that is exempt pursuant
 1360  to s. 212.08(4)(a)4.
 1361         (l) Florists located in this state are liable for sales tax
 1362  on sales to retail customers regardless of where or by whom the
 1363  items sold are to be delivered. Florists located in this state
 1364  are not liable for sales tax on payments received from other
 1365  florists for items delivered to customers in this state.
 1366         (m) Operators of game concessions or other concessionaires
 1367  who customarily award tangible personal property as prizes may,
 1368  in lieu of paying tax on the cost price of such property, pay
 1369  tax on 25 percent of the gross receipts from such concession
 1370  activity.
 1371         (2) The tax shall be collected by the dealer, as defined
 1372  herein, and remitted by the dealer to the state at the time and
 1373  in the manner as hereinafter provided.
 1374         (3) The tax so levied is in addition to all other taxes,
 1375  whether levied in the form of excise, license, or privilege
 1376  taxes, and in addition to all other fees and taxes levied.
 1377         (4) The tax imposed pursuant to this chapter shall be due
 1378  and payable according to the brackets set forth in s. 212.12.
 1379         (4)(5) Notwithstanding any other provision of this chapter,
 1380  the maximum amount of tax imposed under this chapter and
 1381  collected on each sale or use of a boat in this state may not
 1382  exceed $18,000 and on each repair of a boat in this state may
 1383  not exceed $60,000.
 1384         Section 6. Subsection (6) of section 212.0506, Florida
 1385  Statutes, is amended to read:
 1386         212.0506 Taxation of service warranties.—
 1387         (6) This tax shall be due and payable according to the
 1388  brackets set forth in s. 212.12.
 1389         Section 7. Section 212.054, Florida Statutes, is amended to
 1390  read:
 1391         212.054 Discretionary sales surtax; limitations,
 1392  administration, and collection.—
 1393         (1) A No general excise tax on sales may not shall be
 1394  levied by the governing body of a any county unless specifically
 1395  authorized under in s. 212.055. Such Any general excise tax on
 1396  sales authorized pursuant to said section shall be administered
 1397  and collected exclusively as provided in this section.
 1398         (2)(a) The tax imposed by the governing body of a any
 1399  county authorized to so levy pursuant to s. 212.055 is shall be
 1400  a discretionary surtax on all transactions occurring in the
 1401  county which transactions are subject to the state tax imposed
 1402  on sales, use, services, rentals, admissions, and other
 1403  transactions by this chapter and communications services as
 1404  defined for purposes of chapter 202. The surtax, if levied,
 1405  shall be computed as the applicable rate or rates authorized
 1406  pursuant to s. 212.055 times the amount of taxable sales and
 1407  taxable purchases representing such transactions. If the surtax
 1408  is levied on the sale of an item of tangible personal property
 1409  or on the sale of a service, the surtax shall be computed by
 1410  multiplying the rate imposed by the county within which the sale
 1411  occurs by the amount of the taxable sale. The sale of an item of
 1412  tangible personal property or the sale of a service is not
 1413  subject to the surtax if the property, the service, or the
 1414  tangible personal property representing the service is delivered
 1415  within a county that does not impose a discretionary sales
 1416  surtax.
 1417         (b) However:
 1418         1. The sales amount above $5,000 on a motor vehicle,
 1419  aircraft, boat, manufactured home, modular home, or mobile home
 1420  is any item of tangible personal property shall not be subject
 1421  to the surtax. However, charges for prepaid calling
 1422  arrangements, as defined in s. 212.05(1)(e)1.a., shall be
 1423  subject to the surtax. For purposes of administering the $5,000
 1424  limitation on an item of tangible personal property, if two or
 1425  more taxable items of tangible personal property are sold to the
 1426  same purchaser at the same time and, under generally accepted
 1427  business practice or industry standards or usage, are normally
 1428  sold in bulk or are items that, when assembled, comprise a
 1429  working unit or part of a working unit, such items must be
 1430  considered a single item for purposes of the $5,000 limitation
 1431  when supported by a charge ticket, sales slip, invoice, or other
 1432  tangible evidence of a single sale or rental.
 1433         2. In the case of utility services covering a period
 1434  starting before and ending after the effective date of a surtax
 1435  adoption, termination, or rate increase or decrease, the rate
 1436  adoption, termination, increase, or decrease applies to the
 1437  first billing period starting on or after the effective date of
 1438  change billed on or after the effective date of any such surtax,
 1439  the entire amount of the charge for utility services shall be
 1440  subject to the surtax. In the case of utility services billed
 1441  after the last day the surtax is in effect, the entire amount of
 1442  the charge on said items shall not be subject to the surtax.
 1443  “Utility service,” As used in this section, the term “utility
 1444  service” does not include any communications services as defined
 1445  in chapter 202.
 1446         3. In the case of written contracts that which are signed
 1447  before prior to the effective date of any such surtax for the
 1448  construction of improvements to real property or for remodeling
 1449  of existing structures, the surtax shall be paid by the
 1450  contractor responsible for the performance of the contract.
 1451  However, the contractor may apply for one refund of any such
 1452  surtax paid on materials necessary for the completion of the
 1453  contract. An Any application for refund must shall be made
 1454  within no later than 15 months after following initial
 1455  imposition of the surtax in that county. The application for
 1456  refund shall be in the manner prescribed by the department by
 1457  rule. A complete application must shall include proof of the
 1458  written contract and of payment of the surtax, and. The
 1459  application shall contain a sworn statement, signed by the
 1460  applicant or its representative, attesting to the validity of
 1461  the application. The department shall, within 30 days after
 1462  approval of a complete application, certify to the county
 1463  information necessary for issuance of a refund to the applicant.
 1464  Counties may are hereby authorized to issue refunds for this
 1465  purpose and shall set aside from the proceeds of the surtax a
 1466  sum sufficient to pay any refund lawfully due. A Any person who
 1467  fraudulently obtains or attempts to obtain a refund pursuant to
 1468  this subparagraph, in addition to being liable for repayment of
 1469  the any refund fraudulently obtained plus a mandatory penalty of
 1470  100 percent of the refund, commits is guilty of a felony of the
 1471  third degree, punishable as provided in s. 775.082, s. 775.083,
 1472  or s. 775.084.
 1473         4. In the case of a any vessel, railroad, or motor vehicle
 1474  common carrier entitled to partial exemption from tax imposed
 1475  under this chapter pursuant to s. 212.08(4), (8), or (9), the
 1476  basis for imposition of surtax is shall be the same as provided
 1477  in s. 212.08 and the ratio shall be applied each month to total
 1478  purchases in this state of property qualified for proration
 1479  which is delivered or sold in the taxing county to establish the
 1480  portion used and consumed in intracounty movement and subject to
 1481  surtax.
 1482         (3) Except as otherwise provided in this section, a surtax
 1483  applies to a retail sale, lease, or rental of tangible personal
 1484  property, a digital good, or a service if, under s. 212.06(17),
 1485  the transaction occurs in a county that imposes a surtax under
 1486  s. 212.055.
 1487         (4)(3)In determining whether a transaction occurs in a
 1488  county imposing a surtax For the purpose of this section, a
 1489  transaction shall be deemed to have occurred in a county
 1490  imposing the surtax when:
 1491         (a)1. The retail sale of a modular or manufactured home,
 1492  not including a mobile home, occurs in the county to which the
 1493  home is delivered includes an item of tangible personal
 1494  property, a service, or tangible personal property representing
 1495  a service, and the item of tangible personal property, the
 1496  service, or the tangible personal property representing the
 1497  service is delivered within the county. If there is no
 1498  reasonable evidence of delivery of a service, the sale of a
 1499  service is deemed to occur in the county in which the purchaser
 1500  accepts the bill of sale.
 1501         (b)2. The retail sale, excluding a lease or rental, of a
 1502  motor vehicle that does not qualify as transportation equipment,
 1503  as defined in s. 212.06(17), or the retail sale of a of any
 1504  motor vehicle or mobile home of a class or type that which is
 1505  required to be registered in this state or in any other state
 1506  occurs shall be deemed to have occurred only in the county
 1507  identified from as the residence address of the purchaser on the
 1508  registration or title document for the such property.
 1509         (c)(b)Admission charged for an event occurs The event for
 1510  which an admission is charged is located in the county in which
 1511  the event is held.
 1512         (d)(c)A lease or rental of real property occurs in the
 1513  county in which the real property is located The consumer of
 1514  utility services is located in the county.
 1515         (e)(d)1.The retail sale, excluding a lease or rental, of
 1516  an aircraft that does not qualify as transportation equipment,
 1517  as defined in s. 212.06(17), or of a boat of a class or type
 1518  that is required to be registered, licensed, titled, or
 1519  documented in this state or by the Federal Government occurs in
 1520  the county to which the aircraft or boat is delivered. The user
 1521  of an any aircraft or boat of a class or type that which is
 1522  required to be registered, licensed, titled, or documented in
 1523  this state or by the United States Government imported into the
 1524  county for use, consumption, distribution, or storage to be used
 1525  or consumed occurs in the county in which the user is located in
 1526  the county.
 1527         1.2.Except as provided in s. 212.06(8)(b) However, it is
 1528  shall be presumed that such items that are used outside the
 1529  county imposing the surtax for 6 months or more longer before
 1530  being imported into that the county were not purchased for use
 1531  in that the county, except as provided in s. 212.06(8)(b).
 1532         2.3. This paragraph does not apply to the use or
 1533  consumption of items on upon which a like tax of equal or
 1534  greater amount has been lawfully imposed and paid outside the
 1535  county.
 1536         (f)(e) The purchase purchaser of a any motor vehicle or
 1537  mobile home of a class or type that which is required to be
 1538  registered in this state occurs in the county identified from
 1539  the residential address of the purchaser is a resident of the
 1540  taxing county as determined by the address appearing on or to be
 1541  reflected on the registration document for the such property.
 1542         (g)(f)1.The use, consumption, distribution, or storage of
 1543  a Any motor vehicle or mobile home of a class or type that which
 1544  is required to be registered in this state and that is imported
 1545  from another state occurs in the county into which it is
 1546  imported into the taxing county by a user residing therein for
 1547  the purpose of use, consumption, distribution, or storage in the
 1548  taxing county.
 1549         2. However, it is shall be presumed that such items that
 1550  are used outside the taxing county for 6 months or longer before
 1551  being imported into the county were not purchased for use in the
 1552  county.
 1553         (g) The real property which is leased or rented is located
 1554  in the county.
 1555         (h) A The transient rental transaction occurs in the county
 1556  in which the rental property is located.
 1557         (i) The delivery of any aircraft or boat of a class or type
 1558  which is required to be registered, licensed, titled, or
 1559  documented in this state or by the United States Government is
 1560  to a location in the county. However, this paragraph does not
 1561  apply to the use or consumption of items upon which a like tax
 1562  of equal or greater amount has been lawfully imposed and paid
 1563  outside the county.
 1564         (i)(j)A transaction occurs in a county imposing a surtax
 1565  if the dealer owing a use tax on purchases or leases is located
 1566  in that the county.
 1567         (k) The delivery of tangible personal property other than
 1568  that described in paragraph (d), paragraph (e), or paragraph (f)
 1569  is made to a location outside the county, but the property is
 1570  brought into the county within 6 months after delivery, in which
 1571  event, the owner must pay the surtax as a use tax.
 1572         (j)(l) The use of a coin-operated amusement or vending
 1573  machine occurs is located in the county in which the machine is
 1574  located.
 1575         (k)(m)An The florist taking the original order taken by a
 1576  florist for the sale of to sell tangible personal property
 1577  occurs is located in the county in which the florist taking the
 1578  order is located, notwithstanding any other provision of this
 1579  section.
 1580         (5)(4)(a) The department shall administer, collect, and
 1581  enforce the tax authorized under s. 212.055 pursuant to the same
 1582  procedures used in the administration, collection, and
 1583  enforcement of the general state sales tax imposed under the
 1584  provisions of this chapter, except as provided in this section.
 1585  The provisions of this chapter regarding interest and penalties
 1586  on delinquent taxes shall apply to the surtax. Discretionary
 1587  sales surtaxes may shall not be included in the computation of
 1588  estimated taxes pursuant to s. 212.11. Notwithstanding any other
 1589  provision of law, a dealer need not separately state the amount
 1590  of the surtax on the charge ticket, sales slip, invoice, or
 1591  other tangible evidence of sale.
 1592         (a)As used in For the purposes of this section and s.
 1593  212.055, the “proceeds” of a any surtax means all funds
 1594  collected and received by the department pursuant to a specific
 1595  authorization and levy under s. 212.055, including any interest
 1596  and penalties on delinquent surtaxes.
 1597         (b) The proceeds of a discretionary sales surtax collected
 1598  by the selling dealer located in a county imposing the surtax
 1599  shall be returned, less the cost of administration, to the
 1600  county where the selling dealer is located. The proceeds shall
 1601  be transferred to the Discretionary Sales Surtax Clearing Trust
 1602  Fund. A separate account shall be established in the trust fund
 1603  for each county imposing a discretionary surtax. The amount
 1604  deducted for the costs of administration may not exceed 3
 1605  percent of the total revenue generated for all counties levying
 1606  a surtax authorized under in s. 212.055. The amount deducted for
 1607  the costs of administration may be used only for costs that are
 1608  solely and directly attributable to the surtax. The total cost
 1609  of administration shall be prorated among those counties levying
 1610  the surtax based on the basis of the amount collected for a
 1611  particular county compared to the total amount collected for all
 1612  counties. The department shall distribute the moneys in the
 1613  trust fund to the appropriate counties each month, unless
 1614  otherwise provided in s. 212.055.
 1615         (c)1.A Any dealer located in a county that does not impose
 1616  a discretionary sales surtax but who collects the surtax due to
 1617  sales of tangible personal property or services delivered
 1618  outside the county shall remit monthly the proceeds of the
 1619  surtax to the department to be deposited into an account in the
 1620  Discretionary Sales Surtax Clearing Trust Fund which is separate
 1621  from the county surtax collection accounts. The department shall
 1622  distribute funds in this account using a distribution factor
 1623  determined for each county that levies a surtax and multiplied
 1624  by the amount of funds in the account and available for
 1625  distribution.
 1626         1. The distribution factor for each county equals the
 1627  product of:
 1628         a. The county’s latest official population determined
 1629  pursuant to s. 186.901;
 1630         b. The county’s rate of surtax; and
 1631         c. The number of months the county has levied a surtax
 1632  during the most recent distribution period,; divided by the sum
 1633  of all such products of the counties levying the surtax during
 1634  the most recent distribution period.
 1635         2. The department shall compute distribution factors for
 1636  eligible counties once each quarter and make appropriate
 1637  quarterly distributions.
 1638         3. A county that fails to timely provide the information
 1639  required by this section to the department authorizes the
 1640  department, by such action, to use the best information
 1641  available to it in distributing surtax revenues to the county.
 1642  If this information is unavailable to the department, the
 1643  department may partially or entirely disqualify the county from
 1644  receiving surtax revenues under this paragraph. A county that
 1645  fails to provide timely information waives its right to
 1646  challenge the department’s determination of the county’s share,
 1647  if any, of revenues provided under this paragraph.
 1648         (5) No discretionary sales surtax or increase or decrease
 1649  in the rate of any discretionary sales surtax shall take effect
 1650  on a date other than January 1. No discretionary sales surtax
 1651  shall terminate on a day other than December 31.
 1652         (6) The governing body of a any county levying a
 1653  discretionary sales surtax shall enact an ordinance levying the
 1654  surtax in accordance with the procedures described in s.
 1655  125.66(2).
 1656         (7)(a)An adoption, a repeal, or a rate change of a surtax
 1657  by the governing body of a any county levying a discretionary
 1658  sales surtax or the school board of a any county levying the
 1659  school capital outlay surtax authorized by s. 212.055(6) is
 1660  effective on April 1.
 1661         (a) A county or school board that adopts, repeals, or
 1662  changes the rate of such surtax shall notify the department
 1663  within 10 days after final adoption by ordinance or referendum
 1664  of an imposition, termination, or rate change of the surtax, but
 1665  no later than the October 20 immediately preceding the April 1
 1666  November 16 prior to the effective date. The notice must specify
 1667  the time period during which the surtax is will be in effect and
 1668  the rate, and must include a copy of the ordinance and such
 1669  other information as the department requires by rule. Failure to
 1670  timely provide such notification to the department shall result
 1671  in the delay of the effective date for a period of 1 year.
 1672         (b) In addition to the notification required by paragraph
 1673  (a), the governing body of a any county proposing to levy a
 1674  discretionary sales surtax or the school board of a any county
 1675  proposing to levy the school capital outlay surtax authorized by
 1676  s. 212.055(6) shall notify the department by October 1 if the
 1677  referendum or consideration of the ordinance that would result
 1678  in imposition, termination, or rate change of the surtax is
 1679  scheduled to occur on or after October 1 of that year. Failure
 1680  to timely provide such notification to the department shall
 1681  result in the delay of the effective date for a period of 1
 1682  year.
 1683         (c) The department shall provide notice to affected sellers
 1684  of the adoption, repeal, or rate change of the surtax by the
 1685  February 1 immediately preceding the April 1 effective date.
 1686         (d) Notwithstanding the date set in an ordinance for the
 1687  termination of a surtax, a surtax may terminate only on March
 1688  31. A surtax imposed before January 1, 2014, for which an
 1689  ordinance provides a different termination date, also terminates
 1690  on the March 31 after the termination date established in the
 1691  ordinance.
 1692         (8) With respect to a any motor vehicle or mobile home of a
 1693  class or type that which is required to be registered in this
 1694  state, the tax due on a transaction occurring in the taxing
 1695  county as herein provided shall be collected from the purchaser
 1696  or user incident to the titling and registration of such
 1697  property, irrespective of whether such titling or registration
 1698  occurs in the taxing county.
 1699         (9) The department may certify vendor databases and shall
 1700  purchase or otherwise make available a database or databases,
 1701  singly or in combination, which describe boundary changes for
 1702  all taxing jurisdictions, including a description of the change
 1703  and the effective date of a boundary change; provide all sales
 1704  and use tax rates by jurisdiction; assign to each five-digit and
 1705  nine-digit zip code the proper rate and jurisdiction, and apply
 1706  the lowest combined rate imposed in the zip code if the area
 1707  includes more than one tax rate in any level of taxing
 1708  jurisdiction; and use address-based boundary database records
 1709  for assigning taxing jurisdictions and associated tax rates.
 1710         (a) A seller or certified service provider that collects
 1711  and remits the state tax and local tax imposed by this chapter
 1712  shall be held harmless from tax, interest, and penalties due
 1713  solely as a result of relying on erroneous data on tax rates,
 1714  boundaries, or taxing jurisdiction assignments provided by the
 1715  state if the seller or certified service provider exercises due
 1716  diligence when employing an electronic database provided by the
 1717  department under this subsection or employing a state-certified
 1718  database to determine the taxing jurisdiction and tax rate for a
 1719  transaction.
 1720         (b) If a seller or certified service provider is unable to
 1721  determine the applicable rate and jurisdiction using an address
 1722  based database record after exercising due diligence, the seller
 1723  or certified service provider may apply the applicable rate
 1724  associated with the purchaser’s nine-digit zip code.
 1725         (c) If a nine-digit zip code designation is not available
 1726  for a street address, or if a seller or certified service
 1727  provider is unable to determine the nine-digit zip code
 1728  designation applicable to a purchase after exercising due
 1729  diligence, the seller or certified service provider may apply
 1730  the rate associated with the five-digit zip code.
 1731         (d) There is a rebuttable presumption that a seller or
 1732  certified service provider has exercised due diligence if the
 1733  seller or certified service provider has attempted to determine:
 1734         1.The tax rate and jurisdiction by using state-certified
 1735  software that makes this assignment from the street address and
 1736  zip code information applicable to the purchase; or
 1737         2.The nine-digit zip code designation by using state
 1738  certified software that makes this designation from the street
 1739  address and the five-digit zip code applicable to a purchase.
 1740         (e) If a seller or certified service provider does not use
 1741  one of the methods specified in paragraph (a), the seller or
 1742  certified service provider may be held liable to the department
 1743  for tax, interest, and penalties that are due for charging and
 1744  collecting the incorrect amount of tax.
 1745         (10) A purchaser shall be held harmless from tax, interest,
 1746  and penalties for having failed to pay the amount of sales or
 1747  use tax due solely because:
 1748         (a) The seller or certified service provider relied on
 1749  erroneous data on tax rates, boundaries, or taxing jurisdiction
 1750  assignments provided by the department;
 1751         (b) A purchaser holding a direct-pay permit relied on
 1752  erroneous data on tax rates, boundaries, or taxing jurisdiction
 1753  assignments provided by the department; or
 1754         (c) A purchaser relied on erroneous data supplied in a
 1755  database described in paragraph (9)(a).
 1756         (11) A seller is not liable for failing to collect tax at
 1757  the new tax rate if:
 1758         (a) The new rate takes effect within 30 days after the new
 1759  rate is enacted;
 1760         (b) The seller collected the tax at the preceding rate;
 1761         (c) The seller’s failure to collect the tax at the new rate
 1762  does not extend beyond 30 days after the enactment of the new
 1763  rate; and
 1764         (d) The seller did not fraudulently fail to collect at the
 1765  new rate or solicit purchasers based on the preceding rate.
 1766         Section 8. Section 212.0596, Florida Statutes, is repealed.
 1767         Section 9. Paragraph (c) of subsection (2) and subsections
 1768  (3) and (5) of section 212.06, Florida Statutes, are amended,
 1769  and subsection (17) is added to that section, to read:
 1770         212.06 Sales, storage, use tax; collectible from dealers;
 1771  “dealer” defined; dealers to collect from purchasers;
 1772  legislative intent as to scope of tax.—
 1773         (2)
 1774         (c) The term “dealer” is further defined to mean a every
 1775  person, as used in this chapter, who sells at retail or who
 1776  offers for sale at retail, or who has in his or her possession
 1777  for sale at retail; or for use, consumption, or distribution; or
 1778  for storage to be used or consumed in this state, tangible
 1779  personal property as defined herein, including a retailer who
 1780  transacts a mail order sale.
 1781         (3)(a) Except as provided in paragraph (b), every dealer
 1782  making sales, whether within or outside the state, of tangible
 1783  personal property for distribution, storage, or use or other
 1784  consumption, in this state, shall, at the time of making sales,
 1785  collect the tax imposed by this chapter from the purchaser.
 1786         (b) Notwithstanding subsection (17), a purchaser of direct
 1787  mail who is not a holder of a direct-pay permit shall, in
 1788  conjunction with the purchase, provide a direct-mail form or
 1789  information to the seller to show the jurisdictions to which the
 1790  direct mail is delivered to recipients.
 1791         1. Upon receipt of such information from the purchaser, the
 1792  seller shall collect the tax according to the delivery
 1793  information provided by the purchaser. In the absence of bad
 1794  faith, the seller is relieved of further obligation to collect
 1795  tax on a transaction for which the seller has collected tax
 1796  pursuant to the delivery information provided by the purchaser.
 1797         2. If the purchaser of direct mail does not have a direct
 1798  pay permit and does not provide the seller with a direct-mail
 1799  form or delivery information, the seller shall collect the tax
 1800  according to subparagraph (17)(c)5. This paragraph does not
 1801  limit a purchaser’s obligation to remit sales or use tax to a
 1802  state to which the direct mail is delivered.
 1803         3. If a purchaser of direct mail provides the seller with
 1804  documentation of direct-pay authority, the purchaser is not
 1805  required to provide a direct-mail form or delivery information
 1806  to the seller. A purchaser of printed materials shall have sole
 1807  responsibility for the taxes imposed by this chapter on those
 1808  materials when the printer of the materials delivers them to the
 1809  United States Postal Service for mailing to persons other than
 1810  the purchaser located within and outside this state. Printers of
 1811  materials delivered by mail to persons other than the purchaser
 1812  located within and outside this state shall have no obligation
 1813  or responsibility for the payment or collection of any taxes
 1814  imposed under this chapter on those materials. However, printers
 1815  are obligated to collect the taxes imposed by this chapter on
 1816  printed materials when all, or substantially all, of the
 1817  materials will be mailed to persons located within this state.
 1818  For purposes of the printer’s tax collection obligation, there
 1819  is a rebuttable presumption that all materials printed at a
 1820  facility are mailed to persons located within the same state as
 1821  that in which the facility is located. A certificate provided by
 1822  the purchaser to the printer concerning the delivery of the
 1823  printed materials for that purchase or all purchases shall be
 1824  sufficient for purposes of rebutting the presumption created
 1825  herein.
 1826         4.2. The department may of Revenue is authorized to adopt
 1827  rules and forms to administer implement the provisions of this
 1828  paragraph.
 1829         (5)(a)1.Except as provided in subparagraph 2., It is not
 1830  the intention of This chapter does not to levy a tax upon
 1831  tangible personal property imported, produced, or manufactured
 1832  in this state for export if:, provided that tangible personal
 1833  property may not be considered as being imported, produced, or
 1834  manufactured for export unless
 1835         1. The importer, producer, or manufacturer:
 1836         a. Delivers the tangible personal property same to a
 1837  licensed exporter for exporting or to a common carrier for
 1838  shipment outside the state or mails the same by United States
 1839  mail to a destination outside the state; or, in the case of
 1840  aircraft being exported under their own power to a destination
 1841  outside the continental limits of the United States, by
 1842  submission
 1843         b. Submits to the department of a duly signed and validated
 1844  United States customs declaration for an aircraft that is
 1845  exported under its own power to a destination outside of the
 1846  continental United States which shows, showing the departure of
 1847  the aircraft from the continental United States and; and further
 1848  with respect to aircraft, the canceled United States registry of
 1849  the said aircraft; or in the case of
 1850         c. Submits documentation, as specified by rule, to the
 1851  department which shows the departure of an aircraft of foreign
 1852  registry from the continental United States on which parts and
 1853  equipment have been installed on aircraft of foreign registry,
 1854  by submission to the department of documentation, the extent of
 1855  which shall be provided by rule, showing the departure of the
 1856  aircraft from the continental United States; or nor is it the
 1857  intention of this chapter to levy a tax on any sale which
 1858         2. The state is prohibited from taxing the sale under the
 1859  Constitution or laws of the United States.
 1860  
 1861  Every retail sale made to a person physically present at the
 1862  time of sale shall be presumed to have been delivered in this
 1863  state.
 1864         2.a. Notwithstanding subparagraph 1., a tax is levied on
 1865  each sale of tangible personal property to be transported to a
 1866  cooperating state as defined in sub-subparagraph c., at the rate
 1867  specified in sub-subparagraph d. However, a Florida dealer will
 1868  be relieved from the requirements of collecting taxes pursuant
 1869  to this subparagraph if the Florida dealer obtains from the
 1870  purchaser an affidavit setting forth the purchaser’s name,
 1871  address, state taxpayer identification number, and a statement
 1872  that the purchaser is aware of his or her state’s use tax laws,
 1873  is a registered dealer in Florida or another state, or is
 1874  purchasing the tangible personal property for resale or is
 1875  otherwise not required to pay the tax on the transaction. The
 1876  department may, by rule, provide a form to be used for the
 1877  purposes set forth herein.
 1878         b. For purposes of this subparagraph, “a cooperating state”
 1879  is one determined by the executive director of the department to
 1880  cooperate satisfactorily with this state in collecting taxes on
 1881  mail order sales. No state shall be so determined unless it
 1882  meets all the following minimum requirements:
 1883         (I) It levies and collects taxes on mail order sales of
 1884  property transported from that state to persons in this state,
 1885  as described in s. 212.0596, upon request of the department.
 1886         (II) The tax so collected shall be at the rate specified in
 1887  s. 212.05, not including any local option or tourist or
 1888  convention development taxes collected pursuant to s. 125.0104
 1889  or this chapter.
 1890         (III) Such state agrees to remit to the department all
 1891  taxes so collected no later than 30 days from the last day of
 1892  the calendar quarter following their collection.
 1893         (IV) Such state authorizes the department to audit dealers
 1894  within its jurisdiction who make mail order sales that are the
 1895  subject of s. 212.0596, or makes arrangements deemed adequate by
 1896  the department for auditing them with its own personnel.
 1897         (V) Such state agrees to provide to the department records
 1898  obtained by it from retailers or dealers in such state showing
 1899  delivery of tangible personal property into this state upon
 1900  which no sales or use tax has been paid in a manner similar to
 1901  that provided in sub-subparagraph g.
 1902         c. For purposes of this subparagraph, “sales of tangible
 1903  personal property to be transported to a cooperating state”
 1904  means mail order sales to a person who is in the cooperating
 1905  state at the time the order is executed, from a dealer who
 1906  receives that order in this state.
 1907         d. The tax levied by sub-subparagraph a. shall be at the
 1908  rate at which such a sale would have been taxed pursuant to the
 1909  cooperating state’s tax laws if consummated in the cooperating
 1910  state by a dealer and a purchaser, both of whom were physically
 1911  present in that state at the time of the sale.
 1912         e. The tax levied by sub-subparagraph a., when collected,
 1913  shall be held in the State Treasury in trust for the benefit of
 1914  the cooperating state and shall be paid to it at a time agreed
 1915  upon between the department, acting for this state, and the
 1916  cooperating state or the department or agency designated by it
 1917  to act for it; however, such payment shall in no event be made
 1918  later than 30 days from the last day of the calendar quarter
 1919  after the tax was collected. Funds held in trust for the benefit
 1920  of a cooperating state shall not be subject to the service
 1921  charges imposed by s. 215.20.
 1922         f. The department is authorized to perform such acts and to
 1923  provide such cooperation to a cooperating state with reference
 1924  to the tax levied by sub-subparagraph a. as is required of the
 1925  cooperating state by sub-subparagraph b.
 1926         g. In furtherance of this act, dealers selling tangible
 1927  personal property for delivery in another state shall make
 1928  available to the department, upon request of the department,
 1929  records of all tangible personal property so sold. Such records
 1930  shall include a description of the property, the name and
 1931  address of the purchaser, the name and address of the person to
 1932  whom the property was sent, the purchase price of the property,
 1933  information regarding whether sales tax was paid in this state
 1934  on the purchase price, and such other information as the
 1935  department may by rule prescribe.
 1936         (b)1. Notwithstanding the provisions of paragraph (a), it
 1937  is not the intention of this chapter does not to levy a tax on
 1938  the sale of tangible personal property to a nonresident dealer
 1939  who does not hold a Florida sales tax registration if, provided
 1940  such nonresident dealer furnishes the seller a statement
 1941  declaring that the tangible personal property will be
 1942  transported outside this state by the nonresident dealer for the
 1943  sole purpose of resale and for no other purpose.
 1944         1. The statement must shall include, but not be limited to,
 1945  the nonresident dealer’s name, address, applicable passport or
 1946  visa number, arrival-departure card number, and evidence of
 1947  authority to do business in the nonresident dealer’s home state
 1948  or country, such as his or her business name and address,
 1949  occupational license number, if applicable, or any other
 1950  suitable requirement. The statement shall be signed by the
 1951  nonresident dealer and shall include the following sentence:
 1952  “Under penalties of perjury, I declare that I have read the
 1953  foregoing, and the facts alleged are true to the best of my
 1954  knowledge and belief.”
 1955         2. The burden of proof of subparagraph 1. rests with the
 1956  seller, who must retain the proper documentation to support the
 1957  exempt sale. The exempt transaction is subject to verification
 1958  by the department.
 1959         (c) Notwithstanding the provisions of paragraph (a), it is
 1960  not the intention of this chapter does not to levy a tax on the
 1961  sale by a printer to a nonresident print purchaser of material
 1962  printed by that printer for that nonresident print purchaser if
 1963  when the print purchaser does not furnish the printer a resale
 1964  certificate containing a sales tax registration number but does
 1965  furnish to the printer a statement declaring that such material
 1966  will be resold by the nonresident print purchaser.
 1967         (17) This subsection shall be used to determine the
 1968  location where a transaction occurs for purposes of applying the
 1969  tax imposed by this chapter.
 1970         (a) As used in this subsection, the term:
 1971         1.“Product” means tangible personal property, a digital
 1972  good, or a service.
 1973         2. “Receive” and “receipt” mean taking possession of
 1974  tangible personal property, making first use of services, or
 1975  taking possession or making first use of digital goods,
 1976  whichever occurs first. The terms do not include possession by a
 1977  shipping company on behalf of the purchaser.
 1978         3. “Transportation equipment” means:
 1979         a. Locomotives and rail cars that are used for the carriage
 1980  of persons or property in interstate commerce;
 1981         b. Trucks and truck tractors that have a gross vehicle
 1982  weight rating (GVWR) of 10,001 pounds or greater, trailers,
 1983  semitrailers, or passenger buses that are registered through the
 1984  International Registration Plan and operated under the authority
 1985  of a carrier authorized and certificated by the United States
 1986  Department of Transportation or another federal authority to
 1987  engage in the carriage of persons or property in interstate
 1988  commerce;
 1989         c. Aircraft that are operated by air carriers authorized
 1990  and certificated by the United States Department of
 1991  Transportation or another federal or a foreign authority to
 1992  engage in the carriage of persons or property in interstate or
 1993  foreign commerce; or
 1994         d. Containers designed for use on and component parts
 1995  attached or secured on the items set forth in sub-subparagraphs
 1996  a., b., and c.
 1997         (b) This subsection does not apply to sales or use taxes
 1998  levied on:
 1999         1. The retail sale or transfer of a boat, modular home,
 2000  manufactured home, or mobile home.
 2001         2. The retail sale, excluding a lease or rental, of a motor
 2002  vehicle or an aircraft that does not qualify as transportation
 2003  equipment. The lease or rental of these items is deemed to have
 2004  occurred in accordance with paragraph (e).
 2005         3. The retail sale of tangible personal property by a
 2006  florist.
 2007  
 2008  Such retail sales occur at the location determined under s.
 2009  212.054(4).
 2010         (c) The retail sale of a product, excluding a lease or
 2011  rental, occurs:
 2012         1. When the product is received by the purchaser at a
 2013  business location of the seller, at that business location;
 2014         2. When the product is not received by the purchaser at a
 2015  business location of the seller, at the location of receipt by
 2016  the purchaser, or the purchaser’s donee, designated as such by
 2017  the purchaser, including the location indicated by instructions
 2018  for delivery to the purchaser or donee, known to the seller;
 2019         3. If subparagraphs 1. and 2. do not apply, at the location
 2020  indicated by an address for the purchaser which is available
 2021  from the business records of the seller which are maintained in
 2022  the ordinary course of the seller’s business, if use of this
 2023  address does not constitute bad faith;
 2024         4. If subparagraphs 1., 2., and 3. do not apply, at the
 2025  location indicated by an address for the purchaser obtained
 2026  during the consummation of the sale, including the address of a
 2027  purchaser’s payment instrument, if no other address is available
 2028  and use of this address does not constitute bad faith; or
 2029         5. If subparagraphs 1.-4. do not apply, including when the
 2030  seller is without sufficient information to apply the previous
 2031  subparagraphs, at the address from which tangible personal
 2032  property was shipped, from which the digital good or the
 2033  computer software delivered electronically was first available
 2034  for transmission by the seller, or from which the service was
 2035  provided, disregarding a location that merely provided the
 2036  digital transfer of the product sold.
 2037         (d) The lease or rental of tangible personal property,
 2038  other than property identified in paragraphs (e) and (f),
 2039  occurs:
 2040         1. For a lease or rental that requires recurring periodic
 2041  payments, when the first periodic payment occurs in accordance
 2042  with paragraph (c), notwithstanding the exclusion of lease or
 2043  rental in paragraph (c). Subsequent periodic payments are deemed
 2044  to have occurred at the primary property location for each
 2045  period covered by the payment. The primary property location is
 2046  determined by the address for the property provided by the
 2047  lessee which is available to the lessor from its records
 2048  maintained in the ordinary course of business, if use of this
 2049  address does not constitute bad faith. The property location is
 2050  not altered by intermittent use of the property at different
 2051  locations, such as use of business property that accompanies
 2052  employees on business trips and service calls.
 2053         2. For a lease or rental that does not require recurring
 2054  periodic payments, when the payment occurs in accordance with
 2055  paragraph (c), notwithstanding the exclusion of a lease or
 2056  rental in paragraph (c).
 2057  
 2058  This paragraph does not affect the imposition or computation of
 2059  sales or use tax on leases or rentals based on a lump sum or
 2060  accelerated basis or on the acquisition of property for lease.
 2061         (e) The lease or rental of a motor vehicle or an aircraft
 2062  that does not qualify as transportation equipment shall be
 2063  sourced as follows:
 2064         1. For a lease or rental that requires recurring periodic
 2065  payments, each periodic payment is deemed to take place at the
 2066  primary property location. The primary property location is
 2067  determined by the address for the property provided by the
 2068  lessee which is available to the lessor from its records
 2069  maintained in the ordinary course of business, if use of this
 2070  address does not constitute bad faith. This location may not be
 2071  altered by intermittent use at different locations.
 2072         2. For a lease or rental that does not require recurring
 2073  periodic payments, the payment is deemed to take place in
 2074  accordance with paragraph (d), notwithstanding the exclusion of
 2075  a lease or rental in paragraph (d).
 2076  
 2077  This paragraph does not affect the imposition or computation of
 2078  sales or use tax on leases or rentals based on a lump sum or
 2079  accelerated basis or on the acquisition of property for lease.
 2080         (f) The retail sale, including a lease or rental, of
 2081  transportation equipment is deemed to take place in accordance
 2082  with paragraph (c), notwithstanding the exclusion of a lease or
 2083  rental in paragraph (c).
 2084         Section 10. Paragraph (c) of subsection (1) of section
 2085  212.07, Florida Statutes, is amended, and subsection (10) is
 2086  added to that section, to read:
 2087         212.07 Sales, storage, use tax; tax added to purchase
 2088  price; dealer not to absorb; liability of purchasers who cannot
 2089  prove payment of the tax; penalties; general exemptions.—
 2090         (1)
 2091         (c) Unless the purchaser of tangible personal property that
 2092  is incorporated into tangible personal property manufactured,
 2093  produced, compounded, processed, or fabricated for one’s own use
 2094  and subject to the tax imposed under s. 212.06(1)(b) or is
 2095  purchased for export under s. 212.06(5)(a)1. extends a
 2096  certificate in compliance with the rules of the department, the
 2097  dealer is shall himself or herself be liable for and shall pay
 2098  the tax.
 2099         (10) The executive director may maintain and publish a
 2100  taxability matrix in a downloadable electronic format that has
 2101  been approved by the governing board of the Streamlined Sales
 2102  and Use Tax Agreement.
 2103         (a) The state shall provide notice of changes to the
 2104  taxability of the products or services listed in the taxability
 2105  matrix.
 2106         (b) A seller or certified service provider who collects and
 2107  remits the state and local tax imposed by this chapter shall be
 2108  held harmless from tax, interest, and penalties for having
 2109  charged and collected the incorrect amount of sales or use tax
 2110  due solely because of relying on erroneous data provided by the
 2111  state in the taxability matrix.
 2112         (c) A purchaser shall be held harmless from penalties for
 2113  having failed to pay the correct amount of sales or use tax due
 2114  solely because:
 2115         1. The seller or certified service provider relied on
 2116  erroneous data provided by the state in the taxability matrix
 2117  completed by the state;
 2118         2. A purchaser relied on erroneous data provided by the
 2119  state in the taxability matrix completed by the state; or
 2120         3. A purchaser holding a direct-pay permit relied on
 2121  erroneous data provided by the state in the taxability matrix
 2122  completed by the state.
 2123         (d) A purchaser shall be held harmless from tax and
 2124  interest for having failed to pay the correct amount of sales or
 2125  use tax due solely because of the state’s erroneous
 2126  classification of the transaction as “taxable” or “exempt,”
 2127  “included in sales price” or “excluded from sales price,” or
 2128  “included in the definition” or “excluded from the definition.”
 2129         Section 11. Subsections (1) and (2) and paragraphs (b) and
 2130  (c) of subsection (17) of section 212.08, Florida Statutes, are
 2131  amended to read:
 2132         212.08 Sales, rental, use, consumption, distribution, and
 2133  storage tax; specified exemptions.—The sale at retail, the
 2134  rental, the use, the consumption, the distribution, and the
 2135  storage to be used or consumed in this state of the following
 2136  are hereby specifically exempt from the tax imposed by this
 2137  chapter.
 2138         (1) EXEMPTIONS; GENERAL GROCERIES.—
 2139         (a) Food and food ingredients products for human
 2140  consumption are exempt from the tax imposed by this chapter.
 2141         (b) For the purpose of this chapter, As used in this
 2142  subsection, the term “food and food ingredients products” means
 2143  substances, whether in liquid, concentrated, solid, frozen,
 2144  dried, or dehydrated form, which are sold for ingestion or
 2145  chewing by humans and are consumed for their taste or
 2146  nutritional value edible commodities, whether processed, cooked,
 2147  raw, canned, or in any other form, which are generally regarded
 2148  as food. This includes, but is not limited to, all of the
 2149  following:
 2150         1. Cereals and cereal products, baked goods, oleomargarine,
 2151  meat and meat products, fish and seafood products, frozen foods
 2152  and dinners, poultry, eggs and egg products, vegetables and
 2153  vegetable products, fruit and fruit products, spices, salt,
 2154  sugar and sugar products, milk and dairy products, and products
 2155  intended to be mixed with milk.
 2156         2. Natural fruit or vegetable juices or their concentrates
 2157  or reconstituted natural concentrated fruit or vegetable juices,
 2158  whether frozen or unfrozen, dehydrated, powdered, granulated,
 2159  sweetened or unsweetened, seasoned with salt or spice, or
 2160  unseasoned; coffee, coffee substitutes, or cocoa; and tea,
 2161  unless it is sold in a liquid form.
 2162         1.3. Bakery products sold by bakeries, pastry shops, or
 2163  like establishments, if sold without eating utensils. For
 2164  purposes of this subparagraph, bakery products include bread,
 2165  rolls, buns, biscuits, bagels, croissants, pastries, doughnuts,
 2166  Danish, cakes, tortes, pies, tarts, muffins, bars, cookies, and
 2167  tortillas that do not have eating facilities.
 2168         2. Dietary supplements, other than tobacco, if the
 2169  supplements are a product intended to supplement the diet which
 2170  contains one or more of the following dietary ingredients: a
 2171  vitamin; a mineral; an herb or other botanical; an amino acid; a
 2172  dietary substance for use by humans to supplement the diet by
 2173  increasing the total dietary intake; or a concentrate,
 2174  metabolite, constituent, extract, or combination of an
 2175  ingredient described in this subparagraph which is intended for
 2176  ingestion in tablet, capsule, powder, softgel, gelcap, or liquid
 2177  form or, if not intended for ingestion in such a form, is not
 2178  represented as conventional food and is not represented for use
 2179  as a sole item of a meal or of the diet, and which is required
 2180  to be labeled as a dietary supplement, identifiable by the
 2181  supplemental facts panel found on the nutrition label and as
 2182  required pursuant to 21 C.F.R. s. 101.36.
 2183         (c) The exemption provided by this subsection does not
 2184  apply to:
 2185         1. Food products sold as meals for consumption on or off
 2186  the premises of the dealer.
 2187         2. Food products furnished, prepared, or served for
 2188  consumption at tables, chairs, or counters or from trays,
 2189  glasses, dishes, or other tableware, whether provided by the
 2190  dealer or by a person with whom the dealer contracts to furnish,
 2191  prepare, or serve food products to others.
 2192         3. Food products ordinarily sold for immediate consumption
 2193  on the seller’s premises or near a location at which parking
 2194  facilities are provided primarily for the use of patrons in
 2195  consuming the products purchased at the location, even though
 2196  such products are sold on a “take out” or “to go” order and are
 2197  actually packaged or wrapped and taken from the premises of the
 2198  dealer.
 2199         4. Sandwiches sold ready for immediate consumption on or
 2200  off the seller’s premises.
 2201         5. Food products sold ready for immediate consumption
 2202  within a place, the entrance to which is subject to an admission
 2203  charge.
 2204         1.6.Food and food ingredients sold as prepared food.
 2205         a. The term “prepared food” means:
 2206         (I) Food sold in a heated state or heated by the seller;
 2207         (II) Two or more food ingredients mixed or combined by the
 2208  seller for sale as a single item; or
 2209         (III) Food sold with eating utensils provided by the
 2210  seller, including plates, knives, forks, spoons, glasses, cups,
 2211  napkins, or straws. A plate does not include a container or
 2212  packaging used to transport food.
 2213         b. Prepared food does not include food that is only cut,
 2214  repackaged, or pasteurized by the seller, and eggs, fish, meat,
 2215  poultry, and foods containing these raw animal foods requiring
 2216  cooking by the consumer as recommended by the Food and Drug
 2217  Administration Food Code in chapter 3, subpart 401.11 for the
 2218  prevention of food-borne illness. Food products sold as hot
 2219  prepared food products.
 2220         2.7. Soft drinks, including, but not limited to, any
 2221  nonalcoholic beverage, any preparation or beverage commonly
 2222  referred to as a “soft drink,” or any noncarbonated drink made
 2223  from milk derivatives or tea, if sold in cans or similar
 2224  containers. The term “soft drinks” means nonalcoholic beverages
 2225  that contain natural or artificial sweeteners. Soft drinks do
 2226  not include beverages that contain milk or milk products; soy,
 2227  rice, or similar milk substitutes; or greater than 50 percent of
 2228  vegetable or fruit juice by volume.
 2229         8. Ice cream, frozen yogurt, and similar frozen dairy or
 2230  nondairy products in cones, small cups, or pints, popsicles,
 2231  frozen fruit bars, or other novelty items, whether or not sold
 2232  separately.
 2233         9. Food that is prepared, whether on or off the premises,
 2234  and sold for immediate consumption. This does not apply to food
 2235  prepared off the premises and sold in the original sealed
 2236  container, or the slicing of products into smaller portions.
 2237         3.10. Food and food ingredients products sold through a
 2238  vending machine, pushcart, motor vehicle, or any other form of
 2239  vehicle.
 2240         4.11. Candy and any similar products product regarded as
 2241  candy or confection, based on its normal use, as indicated on
 2242  the label or advertising thereof. The term “candy” means a
 2243  preparation of sugar, honey, or other natural or artificial
 2244  sweeteners in combination with chocolate, fruits, nuts, or other
 2245  ingredients or flavorings in the form of bars, drops, or pieces.
 2246  Candy does not include a preparation that contains flour and
 2247  does not require refrigeration.
 2248         5. Tobacco.
 2249         12. Bakery products sold by bakeries, pastry shops, or like
 2250  establishments having eating facilities, except when sold for
 2251  consumption off the seller’s premises.
 2252         13. Food products served, prepared, or sold in or by
 2253  restaurants, lunch counters, cafeterias, hotels, taverns, or
 2254  other like places of business.
 2255         (d) As used in this subsection, the term:
 2256         1. “For consumption off the seller’s premises” means that
 2257  the food or drink is intended by the customer to be consumed at
 2258  a place away from the dealer’s premises.
 2259         2. “For consumption on the seller’s premises” means that
 2260  the food or drink sold may be immediately consumed on the
 2261  premises where the dealer conducts his or her business. In
 2262  determining whether an item of food is sold for immediate
 2263  consumption, the customary consumption practices prevailing at
 2264  the selling facility shall be considered.
 2265         3. “Premises” shall be construed broadly, and means, but is
 2266  not limited to, the lobby, aisle, or auditorium of a theater;
 2267  the seating, aisle, or parking area of an arena, rink, or
 2268  stadium; or the parking area of a drive-in or outdoor theater.
 2269  The premises of a caterer with respect to catered meals or
 2270  beverages shall be the place where such meals or beverages are
 2271  served.
 2272         4. “Hot prepared food products” means those products,
 2273  items, or components which have been prepared for sale in a
 2274  heated condition and which are sold at any temperature that is
 2275  higher than the air temperature of the room or place where they
 2276  are sold. “Hot prepared food products,” for the purposes of this
 2277  subsection, includes a combination of hot and cold food items or
 2278  components where a single price has been established for the
 2279  combination and the food products are sold in such combination,
 2280  such as a hot meal, a hot specialty dish or serving, or a hot
 2281  sandwich or hot pizza, including cold components or side items.
 2282         (d)(e)1. Food or food ingredients or drinks not exempt
 2283  under paragraphs (a), (b), and (c), and (d) are exempt if,
 2284  notwithstanding those paragraphs, when purchased with food
 2285  coupons or Special Supplemental Food Program for Women, Infants,
 2286  and Children vouchers issued under authority of federal law.
 2287         1.2. This paragraph is effective only while federal law
 2288  prohibits a state’s participation in the federal food coupon
 2289  program or Special Supplemental Food Program for Women, Infants,
 2290  and Children if there is an official determination that state or
 2291  local sales taxes are collected within that state on purchases
 2292  of food or food ingredients or drinks with such coupons.
 2293         2.3. This paragraph does shall not apply to any food or
 2294  food ingredients or drinks on which federal law allows shall
 2295  permit sales taxes without penalty, such as termination of the
 2296  state’s participation.
 2297         (e) Dietary supplements that are sold as prepared food are
 2298  not exempt.
 2299         (2) EXEMPTIONS; MEDICAL.—
 2300         (a) The following are There shall be exempt from the tax
 2301  imposed by this chapter:
 2302         1. Drugs.
 2303         2. Durable medical equipment, mobility-enhancing equipment,
 2304  or prosthetic devices any medical products and supplies or
 2305  medicine dispensed according to an individual prescription. or
 2306  prescriptions written by a prescriber authorized by law to
 2307  prescribe medicinal drugs;
 2308         3. Hypodermic needles.; hypodermic syringes;
 2309         4. Chemical compounds and test kits used for the diagnosis
 2310  or treatment of human disease, illness, or injury and intended
 2311  for one-time use.;
 2312         5. Over-the-counter drugs, excluding grooming and hygiene
 2313  products.
 2314         6. Adhesive bandages, gauze, bandages, and adhesive tape.
 2315         7. Funerals. However, tangible personal property used by
 2316  funeral directors in the conduct of their business is taxable.
 2317  and common household remedies recommended and generally sold for
 2318  internal or external use in the cure, mitigation, treatment, or
 2319  prevention of illness or disease in human beings, but not
 2320  including cosmetics or toilet articles, notwithstanding the
 2321  presence of medicinal ingredients therein, according to a list
 2322  prescribed and approved by the Department of Business and
 2323  Professional Regulation, which list shall be certified to the
 2324  Department of Revenue from time to time and included in the
 2325  rules promulgated by the Department of Revenue. There shall also
 2326  be exempt from the tax imposed by this chapter artificial eyes
 2327  and limbs; orthopedic shoes; prescription eyeglasses and items
 2328  incidental thereto or which become a part thereof; dentures;
 2329  hearing aids; crutches; prosthetic and orthopedic appliances;
 2330  and funerals. In addition, any
 2331         8. Items intended for one-time use which transfer essential
 2332  optical characteristics to contact lenses. shall be exempt from
 2333  the tax imposed by this chapter; However, this exemption applies
 2334  shall apply only after $100,000 of the tax imposed by this
 2335  chapter on such items has been paid in a any calendar year by a
 2336  taxpayer who claims the exemption in such year. Funeral
 2337  directors shall pay tax on all tangible personal property used
 2338  by them in their business.
 2339         (b) As used in For the purposes of this subsection, the
 2340  term:
 2341         1. “Drug” means a compound, substance, or preparation, and
 2342  a component of a compound, substance, or preparation, other than
 2343  food and food ingredients, dietary supplements, and alcoholic
 2344  beverages, which is:
 2345         a. Recognized in the official United States Pharmacopeia
 2346  National Formulary or the Homeopathic Pharmacopoeia of the
 2347  United States;
 2348         b. Intended for use in the diagnosis, cure, mitigation,
 2349  treatment, or prevention of disease; or
 2350         c. Intended to affect the structure or a function of the
 2351  body.
 2352         2. “Durable medical equipment” means equipment, including
 2353  repair and replacement parts to such equipment, but excluding
 2354  mobility-enhancing equipment, which can withstand repeated use,
 2355  is primarily and customarily used to serve a medical purpose,
 2356  generally is not useful to a person in the absence of illness or
 2357  injury, and is not worn on or in the body.
 2358         3. “Mobility-enhancing equipment” means equipment,
 2359  including repair and replacement parts to such equipment, but
 2360  excluding durable medical equipment, which:
 2361         a. Is primarily and customarily used to provide or increase
 2362  the ability to move from one place to another and which is
 2363  appropriate for use in a home or motor vehicle.
 2364         b. Is not generally used by persons with normal mobility.
 2365         c. Does not include a motor vehicle or equipment on a motor
 2366  vehicle normally provided by a motor vehicle manufacturer.
 2367         4. “Prosthetic device” means a replacement, corrective, or
 2368  supportive device, including repair or replacement parts to such
 2369  equipment, which is worn on or in the body to:
 2370         a. Artificially replace a missing portion of the body;
 2371         b. Prevent or correct physical deformity or malfunction; or
 2372         c. Support a weak or deformed portion of the body.
 2373         5. “Grooming and hygiene products” mean soaps and cleaning
 2374  solutions, shampoo, toothpaste, mouthwash, antiperspirants, and
 2375  suntan lotions and sunscreens, regardless of whether the items
 2376  meet the definition of an over-the-counter drug.
 2377         6. “Over-the-counter drug” means a drug whose packaging
 2378  contains a label that identifies the product as a drug as
 2379  required by 21 C.F.R. s. 201.66. The over-the-counter drug label
 2380  includes a drug-facts panel or a statement of the active
 2381  ingredients, with a list of those ingredients contained in the
 2382  compound, substance, or preparation. “Prosthetic and orthopedic
 2383  appliances” means any apparatus, instrument, device, or
 2384  equipment used to replace or substitute for any missing part of
 2385  the body, to alleviate the malfunction of any part of the body,
 2386  or to assist any disabled person in leading a normal life by
 2387  facilitating such person’s mobility. Such apparatus, instrument,
 2388  device, or equipment shall be exempted according to an
 2389  individual prescription or prescriptions written by a physician
 2390  licensed under chapter 458, chapter 459, chapter 460, chapter
 2391  461, or chapter 466, or according to a list prescribed and
 2392  approved by the Department of Health, which list shall be
 2393  certified to the Department of Revenue from time to time and
 2394  included in the rules promulgated by the Department of Revenue.
 2395         2. “Cosmetics” means articles intended to be rubbed,
 2396  poured, sprinkled, or sprayed on, introduced into, or otherwise
 2397  applied to the human body for cleansing, beautifying, promoting
 2398  attractiveness, or altering the appearance and also means
 2399  articles intended for use as a compound of any such articles,
 2400  including, but not limited to, cold creams, suntan lotions,
 2401  makeup, and body lotions.
 2402         3. “Toilet articles” means any article advertised or held
 2403  out for sale for grooming purposes and those articles that are
 2404  customarily used for grooming purposes, regardless of the name
 2405  by which they may be known, including, but not limited to, soap,
 2406  toothpaste, hair spray, shaving products, colognes, perfumes,
 2407  shampoo, deodorant, and mouthwash.
 2408         7.4. “Prescription” means an order, formula, or recipe
 2409  issued by oral, written, electronic, or other means of
 2410  transmission by a practitioner licensed under chapter 458,
 2411  chapter 459, chapter 460, chapter 461, or chapter 466. The term
 2412  also includes an orally transmitted order by the lawfully
 2413  designated agent of such practitioner, and an order written or
 2414  transmitted by a practitioner licensed to practice in a
 2415  jurisdiction other than this state, but only if the pharmacist
 2416  called upon to dispense the order determines, in the exercise of
 2417  his or her professional judgment, that the order is valid and
 2418  necessary for the treatment of a chronic or recurrent illness
 2419  includes any order for drugs or medicinal supplies written or
 2420  transmitted by any means of communication by a duly licensed
 2421  practitioner authorized by the laws of the state to prescribe
 2422  such drugs or medicinal supplies and intended to be dispensed by
 2423  a pharmacist. The term also includes an orally transmitted order
 2424  by the lawfully designated agent of such practitioner. The term
 2425  also includes an order written or transmitted by a practitioner
 2426  licensed to practice in a jurisdiction other than this state,
 2427  but only if the pharmacist called upon to dispense such order
 2428  determines, in the exercise of his or her professional judgment,
 2429  that the order is valid and necessary for the treatment of a
 2430  chronic or recurrent illness. The term also includes a
 2431  pharmacist’s order for a product selected from the formulary
 2432  created pursuant to s. 465.186. A prescription may be retained
 2433  in written form, or the pharmacist may cause it to be recorded
 2434  in a data processing system, provided that such order can be
 2435  produced in printed form upon lawful request.
 2436         (c) Chlorine is shall not be exempt from the tax imposed by
 2437  this chapter when used for the treatment of water in swimming
 2438  pools.
 2439         (d) Lithotripters are exempt.
 2440         (e) Human organs are exempt from the tax imposed by this
 2441  chapter.
 2442         (f) Sales of drugs to or by physicians, dentists,
 2443  veterinarians, and hospitals in connection with medical
 2444  treatment are exempt.
 2445         (g) Medical products and supplies used in the cure,
 2446  mitigation, alleviation, prevention, or treatment of injury,
 2447  disease, or incapacity which are temporarily or permanently
 2448  incorporated into a patient or client by a practitioner of the
 2449  healing arts licensed in the state are exempt.
 2450         (h) The purchase by a veterinarian of commonly recognized
 2451  substances possessing curative or remedial properties which are
 2452  ordered and dispensed as treatment for a diagnosed health
 2453  disorder by or on the prescription of a duly licensed
 2454  veterinarian, and which are applied to or consumed by animals
 2455  for alleviation of pain or the cure or prevention of sickness,
 2456  disease, or suffering are exempt. Also exempt are the purchase
 2457  by a veterinarian of antiseptics, absorbent cotton, gauze for
 2458  bandages, lotions, vitamins, and worm remedies.
 2459         (e)(i) Sales of therapeutic veterinary diets specifically
 2460  formulated to aid in the management of illness and disease of a
 2461  diagnosed health disorder in an animal and which are only
 2462  available from a licensed veterinarian are exempt from the tax
 2463  imposed under this chapter.
 2464         (j) X-ray opaques, also known as opaque drugs and
 2465  radiopaque, such as the various opaque dyes and barium sulphate,
 2466  when used in connection with medical X rays for treatment of
 2467  bodies of humans and animals, are exempt.
 2468         (f)(k) Parts, special attachments, special lettering, and
 2469  other like items that are added to or attached to tangible
 2470  personal property so that a handicapped person can use them are
 2471  exempt from the tax imposed by this chapter if when such items
 2472  are purchased by a person pursuant to an individual
 2473  prescription.
 2474         (g)(l) This subsection shall be strictly construed and
 2475  enforced.
 2476         (17) EXEMPTIONS; CERTAIN GOVERNMENT CONTRACTORS.—
 2477         (b) As used in this subsection, the term “overhead
 2478  materials” means all tangible personal property, other than
 2479  qualifying property as defined in s. 212.02(32) s. 212.02(14)(a)
 2480  and electricity, which is used or consumed in the performance of
 2481  a qualifying contract, title to which property vests in or
 2482  passes to the government under the contract.
 2483         (c) As used in this subsection and in s. 212.02(32) s.
 2484  212.02(14)(a), the term “qualifying contract” means a contract
 2485  with the United States Department of Defense or the National
 2486  Aeronautics and Space Administration, or a subcontract
 2487  thereunder, but does not include a contract or subcontract for
 2488  the repair, alteration, improvement, or construction of real
 2489  property, unless except to the extent that purchases made under
 2490  such a contract would otherwise be exempt from the tax imposed
 2491  by this chapter.
 2492         Section 12. Section 212.094, Florida Statutes, is created
 2493  to read:
 2494         212.094 Purchaser request for refund or credit from
 2495  dealer.—
 2496         (1) If a purchaser seeks from a dealer a refund of or
 2497  credit against a tax collected under this chapter by that
 2498  dealer, the purchaser shall submit a written request for the
 2499  refund or credit to the dealer in accordance with this section.
 2500  The request must contain all information necessary for the
 2501  dealer to determine the validity of the purchaser’s request.
 2502         (2) The purchaser may not take other action against the
 2503  dealer with respect to the requested refund or credit until the
 2504  dealer has had 60 days to respond after receiving a completed
 2505  request.
 2506         (3) This section does not affect a person’s standing to
 2507  claim a refund.
 2508         (4) This section does not apply to refunds resulting from
 2509  merchandise returned by a customer to a dealer.
 2510         Section 13. Section 212.12, Florida Statutes, is amended to
 2511  read:
 2512         212.12 Dealer’s credit for collecting tax; penalties for
 2513  noncompliance; powers of department to deal of Revenue in
 2514  dealing with delinquents; brackets applicable to taxable
 2515  transactions; records required.—
 2516         (1)(a)1. Notwithstanding any other law and for the purpose
 2517  of compensating persons granting licenses for and the lessors of
 2518  real and personal property taxed under this chapter hereunder,
 2519  for the purpose of compensating dealers in tangible personal
 2520  property, for the purpose of compensating dealers providing
 2521  communication services and taxable services, for the purpose of
 2522  compensating owners of places where admissions are collected,
 2523  and for the purpose of compensating remitters of any taxes or
 2524  fees reported on the same documents used utilized for the sales
 2525  and use tax, as compensation for the keeping of prescribed
 2526  records, filing timely tax returns, and the proper accounting
 2527  and remitting of taxes by them, such seller, person, lessor,
 2528  dealer, owner, and remitter (except dealers who make mail order
 2529  sales) who files the return required pursuant to s. 212.11 only
 2530  by electronic means and who pays the amount due on such return
 2531  only by electronic means shall be allowed 2.5 percent of the
 2532  amount of the tax due, accounted for, and remitted to the
 2533  department in the form of a deduction. However, if the amount of
 2534  the tax due and remitted to the department by electronic means
 2535  for the reporting period exceeds $1,200, an allowance is not
 2536  allowed for all amounts in excess of $1,200. For purposes of
 2537  this paragraph subparagraph, the term “electronic means” has the
 2538  same meaning as provided in s. 213.755(2)(c).
 2539         2. The executive director of the department is authorized
 2540  to negotiate a collection allowance, pursuant to rules
 2541  promulgated by the department, with a dealer who makes mail
 2542  order sales. The rules of the department shall provide
 2543  guidelines for establishing the collection allowance based upon
 2544  the dealer’s estimated costs of collecting the tax, the volume
 2545  and value of the dealer’s mail order sales to purchasers in this
 2546  state, and the administrative and legal costs and likelihood of
 2547  achieving collection of the tax absent the cooperation of the
 2548  dealer. However, in no event shall the collection allowance
 2549  negotiated by the executive director exceed 10 percent of the
 2550  tax remitted for a reporting period.
 2551         (b) The department of Revenue may deny the collection
 2552  allowance if a taxpayer files an incomplete return or if the
 2553  required tax return or tax is delinquent at the time of payment.
 2554         1. For purposes of this chapter, an “incomplete return” is,
 2555  for purposes of this chapter, a return that which is lacking
 2556  such uniformity, completeness, and arrangement that the physical
 2557  handling, verification, review of the return, or determination
 2558  of other taxes and fees reported on the return may not be
 2559  readily accomplished.
 2560         2. The department shall adopt rules requiring such
 2561  information as it may deem necessary to ensure that the tax
 2562  levied hereunder is properly collected, reviewed, compiled,
 2563  reported, and enforced, including, but not limited to: the
 2564  amount of gross sales; the amount of taxable sales; the amount
 2565  of tax collected or due; the amount of lawful refunds,
 2566  deductions, or credits claimed; the amount claimed as the
 2567  dealer’s collection allowance; the amount of penalty and
 2568  interest; the amount due with the return; and such other
 2569  information as the department of Revenue may specify. The
 2570  department shall require that transient rentals and agricultural
 2571  equipment transactions be separately shown. Sales made through
 2572  vending machines as defined in s. 212.0515 must be separately
 2573  shown on the return. Sales made through coin-operated amusement
 2574  machines as defined by s. 212.02 and the number of machines
 2575  operated must be separately shown on the return or on a form
 2576  prescribed by the department. If a separate form is required,
 2577  the same penalties for late filing, incomplete filing, or
 2578  failure to file as provided for the sales tax return shall apply
 2579  to the form.
 2580         (c) The collection allowance and other credits or
 2581  deductions provided in this chapter shall be applied
 2582  proportionally to the any taxes or fees reported on the same
 2583  documents used for the sales and use tax.
 2584         (d)1. A dealer entitled to the collection allowance
 2585  provided in this section may elect to forego the collection
 2586  allowance and direct that the amount be transferred into the
 2587  Educational Enhancement Trust Fund. Such an election must be
 2588  made with the timely filing of a return and may not be rescinded
 2589  once made. If a dealer who makes such an election files a
 2590  delinquent return, underpays the tax, or files an incomplete
 2591  return, the amount transferred into the Educational Enhancement
 2592  Trust Fund shall be the amount of the collection allowance
 2593  remaining after resolution of liability for all of the tax,
 2594  interest, and penalty due on that return or underpayment of tax.
 2595  The Department of Education shall distribute the remaining
 2596  amount from the trust fund to the school districts that have
 2597  adopted resolutions stating that those funds will be used to
 2598  ensure that up-to-date technology is purchased for the
 2599  classrooms in the district and that teachers are trained in the
 2600  use of that technology. Revenues collected in districts that do
 2601  not adopt such a resolution shall be equally distributed to
 2602  districts that have adopted such resolutions.
 2603         1.2. This paragraph applies to all taxes, surtaxes, and any
 2604  local option taxes administered under this chapter and remitted
 2605  directly to the department. This paragraph does not apply to a
 2606  locally imposed and self-administered convention development
 2607  tax, tourist development tax, or tourist impact tax administered
 2608  under this chapter.
 2609         2.3. Revenues from the dealer-collection allowances shall
 2610  be transferred quarterly from the General Revenue Fund to the
 2611  Educational Enhancement Trust Fund. The department of Revenue
 2612  shall provide to the Department of Education quarterly
 2613  information about such revenues by county to which the
 2614  collection allowance was attributed.
 2615  
 2616  Notwithstanding any provision of chapter 120 to the contrary,
 2617  the department of Revenue may adopt rules to carry out the
 2618  amendment made by chapter 2006-52, Laws of Florida, to this
 2619  section.
 2620         (e) Notwithstanding paragraphs (b) and (c), a model 1
 2621  seller, as defined in s. 213.256, under the Streamlined Sales
 2622  and Use Tax Agreement is not entitled to the collection
 2623  allowance described in paragraphs (a) and (b).
 2624         (f) In addition to a collection allowance that may be
 2625  provided under this subsection, the department may provide the
 2626  monetary allowances that must be provided by the state to
 2627  certified service providers and voluntary sellers pursuant to
 2628  Article VI of the Streamlined Sales and Use Tax Agreement, as
 2629  amended.
 2630         1. Such monetary allowances must be in the form of
 2631  collection allowances that certified service providers or
 2632  voluntary sellers are permitted to retain from the tax revenues
 2633  collected on remote sales to be remitted to the state pursuant
 2634  to this chapter.
 2635         2. As used in this paragraph, the term:
 2636         a. “Remote sales” means revenues generated for this state
 2637  by a voluntary seller for which the seller is not required to
 2638  register to collect the tax imposed by this chapter.
 2639         b. “Voluntary seller” means a seller that is not required
 2640  to register in this state to collect a tax.
 2641         (2)(a) If a When any person required hereunder to make a
 2642  any return or to pay a any tax or fee imposed by this chapter
 2643  either fails to timely file such return or fails to pay the tax
 2644  or fee shown due on the return within the time required
 2645  hereunder, in addition to all other penalties provided in this
 2646  section and under state law with herein and by the laws of this
 2647  state in respect to such taxes or fees, a specific penalty shall
 2648  be added to the tax or fee in the amount of 10 percent of either
 2649  the tax or fee shown on the return that is not timely filed or
 2650  the any tax or fee not paid timely. Except as provided in s.
 2651  213.21(10), the penalty may not be less than $50 for failure to
 2652  timely file a tax return required by s. 212.11(1) or timely pay
 2653  the tax or fee shown due on the return except as provided in s.
 2654  213.21(10). If a person fails to timely file a return required
 2655  by s. 212.11(1) and to timely pay the tax or fee shown due on
 2656  the return, only one penalty of 10 percent, which may not be
 2657  less than $50, shall be imposed.
 2658         (b) If a When any person required under this section to
 2659  make a return or to pay a tax or fee imposed by this chapter
 2660  fails to disclose the tax or fee on the return within the time
 2661  required, excluding a noncompliant filing event generated by
 2662  situations covered under in paragraph (a), in addition to all
 2663  other penalties provided in this section and under state law
 2664  with by the laws of this state in respect to such taxes or fees,
 2665  a specific penalty shall be added to the additional tax or fee
 2666  owed in the amount of 10 percent of any such unpaid tax or fee
 2667  not paid timely if the failure is for not more than 30 days,
 2668  with an additional 10 percent of any such unpaid tax or fee for
 2669  each additional 30 days, or fraction thereof, while the failure
 2670  continues, not to exceed a total penalty of 50 percent, in the
 2671  aggregate, of the any unpaid tax or fee.
 2672         (c) A Any person who knowingly and with a willful intent to
 2673  evade a any tax imposed under this chapter fails to file six
 2674  consecutive returns as required by law commits a felony of the
 2675  third degree, punishable as provided in s. 775.082 or s.
 2676  775.083.
 2677         (d) A person who makes a false or fraudulent return and who
 2678  has a willful intent to evade payment of any tax or fee imposed
 2679  under this chapter is liable for a specific penalty of 100
 2680  percent of any unreported tax or fee. This penalty is in
 2681  addition to any other penalty provided by law. A person who
 2682  makes a false or fraudulent return with a willful intent to
 2683  evade payment of taxes or fees totaling:
 2684         1. Less than $300:
 2685         a. For a first offense, commits a misdemeanor of the second
 2686  degree, punishable as provided in s. 775.082 or s. 775.083.
 2687         b. For a second offense, commits a misdemeanor of the first
 2688  degree, punishable as provided in s. 775.082 or s. 775.083.
 2689         c. For a third or subsequent offense, commits a felony of
 2690  the third degree, punishable as provided in s. 775.082, s.
 2691  775.083, or s. 775.084.
 2692         2. An amount equal to $300 or more, but less than $20,000,
 2693  commits a felony of the third degree, punishable as provided in
 2694  s. 775.082, s. 775.083, or s. 775.084.
 2695         3. An amount equal to $20,000 or more, but less than
 2696  $100,000, commits a felony of the second degree, punishable as
 2697  provided in s. 775.082, s. 775.083, or s. 775.084.
 2698         4. An amount equal to $100,000 or more, commits a felony of
 2699  the first degree, punishable as provided in s. 775.082, s.
 2700  775.083, or s. 775.084.
 2701         (e) In addition to other penalties provided by law, a
 2702  person who willfully attempts in any manner to evade a any tax,
 2703  surcharge, or fee imposed under this chapter or the payment
 2704  thereof is, in addition to any other penalties provided by law,
 2705  liable for a specific penalty in the amount of 100 percent of
 2706  the tax, surcharge, or fee, and commits a felony of the third
 2707  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 2708  775.084.
 2709         (f) If a When any person, firm, or corporation fails to
 2710  timely remit the proper estimated payment required under s.
 2711  212.11, a specific penalty shall be added in an amount equal to
 2712  10 percent of any unpaid estimated tax. Beginning with January
 2713  1, 1985, returns, The department, upon a showing of reasonable
 2714  cause, may is authorized to waive or compromise penalties
 2715  imposed by this paragraph. However, other penalties and interest
 2716  are shall be due and payable if the return on which the
 2717  estimated payment was due is was not timely or properly filed.
 2718         (g) A dealer who files a consolidated return pursuant to s.
 2719  212.11(1)(e) is subject to the penalty established in paragraph
 2720  (e) unless the dealer has paid the required estimated tax for
 2721  his or her consolidated return as a whole without regard to each
 2722  location. If the dealer fails to pay the required estimated tax
 2723  for his or her consolidated return as a whole, each filing
 2724  location stands shall stand on its own with respect to
 2725  calculating penalties pursuant to paragraph (f).
 2726         (3) If a When any dealer, or other person charged herein,
 2727  fails to remit the tax, or a any portion thereof, on or before
 2728  the day when such tax is required by law to be paid, there shall
 2729  be added to the amount due interest at the rate of 1 percent per
 2730  month of the amount due from the date due until paid shall be
 2731  added to the amount due. Interest on the delinquent tax shall be
 2732  calculated beginning on the 21st day of the month following the
 2733  month for which the tax is due, except as otherwise provided in
 2734  this chapter.
 2735         (4) All penalties and interest imposed by this chapter are
 2736  shall be payable to and collectible by the department in the
 2737  same manner as if they were a part of the tax imposed. The
 2738  department may settle or compromise any such interest or
 2739  penalties pursuant to s. 213.21.
 2740         (5)(a) The department may is authorized to audit or inspect
 2741  the records and accounts of dealers defined herein, including
 2742  audits or inspections of dealers who make mail order sales to
 2743  the extent permitted by another state, and to correct by credit
 2744  an any overpayment of tax, and, in the event of a deficiency, an
 2745  assessment shall be made and collected. An No administrative
 2746  finding of fact is not necessary before prior to the assessment
 2747  of a any tax deficiency.
 2748         (b) If a In the event any dealer or other person charged
 2749  herein fails or refuses to make his or her records available for
 2750  inspection so that an no audit or examination has been made of
 2751  the books and records of such dealer or person is not made,
 2752  fails or refuses to register as a dealer, fails to make a report
 2753  and pay the tax as provided by this chapter, or makes a grossly
 2754  incorrect report or makes a report that is false or fraudulent,
 2755  then, in such event, it shall be the duty of the department
 2756  shall to make an assessment from an estimate based upon the best
 2757  information then available to it for the taxable period of
 2758  retail sales of such dealer, the gross proceeds from rentals,
 2759  the total admissions received, amounts received from leases of
 2760  tangible personal property by such dealer, or of the cost price
 2761  of all articles of tangible personal property imported by the
 2762  dealer for use or consumption or distribution or storage to be
 2763  used or consumed in this state, or of the sales or cost price of
 2764  all services the sale or use of which is taxable under this
 2765  chapter, together with interest, plus penalty, if such have
 2766  accrued, as the case may be. Then The department shall proceed
 2767  to collect such taxes, interest, and penalty on the basis of
 2768  such assessment which shall be considered prima facie correct,
 2769  and the burden to show the contrary shall rest upon the dealer,
 2770  seller, owner, or lessor, as the case may be.
 2771         (6)(a) The department may is given the power to prescribe
 2772  the records to be kept by all persons subject to taxes imposed
 2773  by this chapter. A It shall be the duty of every person required
 2774  to make a report and pay a any tax under this chapter, a every
 2775  person receiving rentals or license fees, and an owner owners of
 2776  a place places of admission shall, to keep and preserve suitable
 2777  records of the sales, leases, rentals, license fees, admissions,
 2778  or purchases that are, as the case may be, taxable under this
 2779  chapter; such other books of account as may be necessary to
 2780  determine the amount of the tax due hereunder; and other
 2781  information as may be required by the department. Each It shall
 2782  be the duty of every such person shall also so charged with such
 2783  duty, moreover, to keep and preserve as long as required by s.
 2784  213.35 all invoices and other records of goods, wares, and
 2785  merchandise; records of admissions, leases, license fees, and
 2786  rentals; and records of all other subjects of taxation under
 2787  this chapter. All such books, invoices, and other records must
 2788  shall be open to examination at all reasonable hours to the
 2789  department or any of its duly authorized agents.
 2790         (b) For the purpose of this subsection, if a dealer does
 2791  not have adequate records of his or her retail sales or
 2792  purchases, the department may, upon the basis of a test or
 2793  sampling of the dealer’s available records or other information
 2794  relating to the sales or purchases made by such dealer for a
 2795  representative period, determine the proportion that taxable
 2796  retail sales bear to total retail sales or the proportion that
 2797  taxable purchases bear to total purchases. This subsection does
 2798  not affect the duty of the dealer to collect, or the liability
 2799  of a any consumer to pay, any tax imposed by or pursuant to this
 2800  chapter.
 2801         (c)1. If the records of a dealer are adequate but
 2802  voluminous in nature and substance, the department may sample
 2803  such records and project the audit findings derived therefrom
 2804  over the entire audit period to determine the proportion that
 2805  taxable retail sales bear to total retail sales or the
 2806  proportion that taxable purchases bear to total purchases. In
 2807  order To conduct such a sample, the department must first make a
 2808  good faith effort to reach an agreement with the dealer, which
 2809  agreement provides for the means and methods to be used in the
 2810  sampling process. If In the event that no agreement is reached,
 2811  the dealer is entitled to a review by the executive director. In
 2812  the case of fixed assets, a dealer may agree in writing with the
 2813  department for adequate but voluminous records to be
 2814  statistically sampled. Such an agreement shall provide for the
 2815  methodology to be used in the statistical sampling process. The
 2816  audit findings derived therefrom shall be projected over the
 2817  period represented by the sample in order to determine the
 2818  proportion that taxable purchases bear to total purchases. Once
 2819  an agreement has been signed, it is final and conclusive with
 2820  respect to the method of sampling fixed assets, and the
 2821  department may not conduct a detailed audit of fixed assets, and
 2822  the taxpayer may not request a detailed audit after the
 2823  agreement is reached.
 2824         2. For the purposes of sampling pursuant to subparagraph
 2825  1., the department shall project any deficiencies and
 2826  overpayments derived therefrom over the entire audit period. In
 2827  determining the dealer’s compliance, the department shall reduce
 2828  a any tax deficiency as derived from the sample by the amount of
 2829  the any overpayment derived from the sample. If In the event the
 2830  department determines from the sample results that the dealer
 2831  has a net tax overpayment, the department shall provide the
 2832  findings of this overpayment to the Chief Financial Officer for
 2833  repayment of funds paid into the State Treasury through error
 2834  pursuant to s. 215.26.
 2835         3.a. A taxpayer is entitled, both in connection with an
 2836  audit and in connection with an application for refund filed
 2837  independently of an any audit, to establish the amount of a any
 2838  refund or deficiency through statistical sampling if when the
 2839  taxpayer’s records are adequate but voluminous. In the case of
 2840  fixed assets, a dealer may agree in writing with the department
 2841  for adequate but voluminous records to be statistically sampled.
 2842  Such an agreement must shall provide for the methodology to be
 2843  used in the statistical sampling process. The audit findings
 2844  derived therefrom shall be projected over the period represented
 2845  by the sample in order to determine the proportion that taxable
 2846  purchases bear to total purchases. Once an agreement has been
 2847  signed, it is final and conclusive with respect to the method of
 2848  sampling fixed assets, and the department may not conduct a
 2849  detailed audit of fixed assets, and the taxpayer may not request
 2850  a detailed audit after the agreement is reached.
 2851         b. Alternatively, a taxpayer is entitled to establish a any
 2852  refund or deficiency through any other sampling method agreed
 2853  upon by the taxpayer and the department if when the taxpayer’s
 2854  records, other than those regarding fixed assets, are adequate
 2855  but voluminous. Whether done through statistical sampling or any
 2856  other sampling method agreed upon by the taxpayer and the
 2857  department, the completed sample must reflect both overpayments
 2858  and underpayments of taxes due. The sample shall be conducted
 2859  through:
 2860         (I) A taxpayer request to perform the sampling through the
 2861  certified audit program pursuant to s. 213.285;
 2862         (II) Attestation by a certified public accountant as to the
 2863  adequacy of the sampling method used utilized and the results
 2864  reached using such sampling method; or
 2865         (III) A sampling method that has been submitted by the
 2866  taxpayer and approved by the department before a refund claim is
 2867  submitted. This sub-sub-subparagraph does not prohibit a
 2868  taxpayer from filing a refund claim prior to approval by the
 2869  department of the sampling method; however, a refund claim
 2870  submitted before the sampling method has been approved by the
 2871  department cannot be a complete refund application pursuant to
 2872  s. 213.255 until the sampling method has been approved by the
 2873  department.
 2874         c. The department shall prescribe by rule the procedures to
 2875  be followed under each method of sampling. Such procedures shall
 2876  follow generally accepted auditing procedures for sampling. The
 2877  rule must shall also set forth other criteria regarding the use
 2878  of sampling, including, but not limited to, training
 2879  requirements that must be met before a sampling method may be
 2880  used utilized and the steps necessary for the department and the
 2881  taxpayer to reach agreement on a sampling method submitted by
 2882  the taxpayer for approval by the department.
 2883         (7) If In the event the dealer has imported tangible
 2884  personal property and he or she fails to produce an invoice
 2885  showing the cost price of the articles that, as defined in this
 2886  chapter, which are subject to tax, or the invoice does not
 2887  reflect the true or actual cost price as defined herein, then
 2888  the department shall ascertain, in any manner feasible, the true
 2889  cost price, and assess and collect the tax thereon with interest
 2890  plus penalties, if such have accrued on the true cost price as
 2891  assessed by it. The assessment so made shall be considered prima
 2892  facie correct, and the duty is shall be on the dealer to show to
 2893  the contrary.
 2894         (8) In the case of the lease or rental of tangible personal
 2895  property, or other rentals or license fees as herein defined and
 2896  taxed, if the consideration given or reported by the lessor,
 2897  person receiving rental or license fee, or dealer does not, in
 2898  the judgment of the department, represent the true or actual
 2899  consideration, then the department may is authorized to
 2900  ascertain the same and assess and collect the tax thereon in the
 2901  same manner as provided above provided, with respect to imported
 2902  tangible property, together with interest, plus penalties, if
 2903  such have accrued.
 2904         (9) Taxes imposed by this chapter upon the privilege of the
 2905  use, consumption, storage for consumption, or sale of tangible
 2906  personal property, admissions, license fees, rentals,
 2907  communication services, and upon the sale or use of services as
 2908  herein taxed shall be collected by adding upon the basis of an
 2909  addition of the tax imposed by this chapter to the total price
 2910  of such tangible personal property, admissions, license fees,
 2911  rentals, communication or other services, or sale price of such
 2912  article or articles that are purchased, sold, or leased at any
 2913  one time by or to a customer or buyer.; The dealer, or person
 2914  charged shall herein, is required to pay a privilege tax in the
 2915  amount of the tax imposed by this chapter on the total of his or
 2916  her gross sales of tangible personal property, admissions,
 2917  license fees, rentals, and communication services or to collect
 2918  the a tax upon the sale or use of services, and such person or
 2919  dealer shall add the tax imposed by this chapter to the price,
 2920  license fee, rental, or admissions, and communication or other
 2921  services and collect the total sum from the purchaser, admittee,
 2922  licensee, lessee, or consumer. In computing the tax due or to be
 2923  collected as the result of a transaction, the seller may elect
 2924  to compute the tax due on a transaction on a per-item basis or
 2925  on an invoice basis. The tax rate shall be the sum of the
 2926  applicable state and local rates, if any, and the tax
 2927  computation shall be carried to the third decimal place. If the
 2928  third decimal place is greater than four, the tax shall be
 2929  rounded to the next whole cent. The department shall make
 2930  available in an electronic format or otherwise the tax amounts
 2931  and the following brackets applicable to all transactions
 2932  taxable at the rate of 6 percent:
 2933         (a) On single sales of less than 10 cents, no tax shall be
 2934  added.
 2935         (b) On single sales in amounts from 10 cents to 16 cents,
 2936  both inclusive, 1 cent shall be added for taxes.
 2937         (c) On sales in amounts from 17 cents to 33 cents, both
 2938  inclusive, 2 cents shall be added for taxes.
 2939         (d) On sales in amounts from 34 cents to 50 cents, both
 2940  inclusive, 3 cents shall be added for taxes.
 2941         (e) On sales in amounts from 51 cents to 66 cents, both
 2942  inclusive, 4 cents shall be added for taxes.
 2943         (f) On sales in amounts from 67 cents to 83 cents, both
 2944  inclusive, 5 cents shall be added for taxes.
 2945         (g) On sales in amounts from 84 cents to $1, both
 2946  inclusive, 6 cents shall be added for taxes.
 2947         (h) On sales in amounts of more than $1, 6 percent shall be
 2948  charged upon each dollar of price, plus the appropriate bracket
 2949  charge upon any fractional part of a dollar.
 2950         (10) In counties which have adopted a discretionary sales
 2951  surtax at the rate of 1 percent, the department shall make
 2952  available in an electronic format or otherwise the tax amounts
 2953  and the following brackets applicable to all taxable
 2954  transactions that would otherwise have been transactions taxable
 2955  at the rate of 6 percent:
 2956         (a) On single sales of less than 10 cents, no tax shall be
 2957  added.
 2958         (b) On single sales in amounts from 10 cents to 14 cents,
 2959  both inclusive, 1 cent shall be added for taxes.
 2960         (c) On sales in amounts from 15 cents to 28 cents, both
 2961  inclusive, 2 cents shall be added for taxes.
 2962         (d) On sales in amounts from 29 cents to 42 cents, both
 2963  inclusive, 3 cents shall be added for taxes.
 2964         (e) On sales in amounts from 43 cents to 57 cents, both
 2965  inclusive, 4 cents shall be added for taxes.
 2966         (f) On sales in amounts from 58 cents to 71 cents, both
 2967  inclusive, 5 cents shall be added for taxes.
 2968         (g) On sales in amounts from 72 cents to 85 cents, both
 2969  inclusive, 6 cents shall be added for taxes.
 2970         (h) On sales in amounts from 86 cents to $1, both
 2971  inclusive, 7 cents shall be added for taxes.
 2972         (i) On sales in amounts from $1 up to, and including, the
 2973  first $5,000 in price, 7 percent shall be charged upon each
 2974  dollar of price, plus the appropriate bracket charge upon any
 2975  fractional part of a dollar.
 2976         (j) On sales in amounts of more than $5,000 in price, 7
 2977  percent shall be added upon the first $5,000 in price, and 6
 2978  percent shall be added upon each dollar of price in excess of
 2979  the first $5,000 in price, plus the bracket charges upon any
 2980  fractional part of a dollar as provided for in subsection (9).
 2981         (11) The department shall make available in an electronic
 2982  format or otherwise the tax amounts and brackets applicable to
 2983  all taxable transactions that occur in counties that have a
 2984  surtax at a rate other than 1 percent which would otherwise have
 2985  been transactions taxable at the rate of 6 percent. Likewise,
 2986  the department shall make available in an electronic format or
 2987  otherwise the tax amounts and brackets applicable to
 2988  transactions taxable at 4.35 percent pursuant to s.
 2989  212.05(1)(e)1.c. and on transactions which would otherwise have
 2990  been so taxable in counties which have adopted a discretionary
 2991  sales surtax.
 2992         (10)(12)The Legislature intends It is hereby declared to
 2993  be the legislative intent that, whenever in the construction,
 2994  administration, or enforcement of this chapter there is a may be
 2995  any question respecting the a duplication of the tax, the end
 2996  consumer, or last retail sale, be the sale intended to be taxed
 2997  and insofar as is may be practicable there not be a no
 2998  duplication or pyramiding of the tax.
 2999         (11)(13) In order to aid the administration and enforcement
 3000  of the provisions of this chapter with respect to the rentals
 3001  and license fees, each lessor or person granting the use of a
 3002  any hotel, apartment house, roominghouse, tourist or trailer
 3003  camp, real property, or any interest therein, or any portion
 3004  thereof, inclusive of owners; property managers; lessors;
 3005  landlords; hotel, apartment house, and roominghouse operators;
 3006  and all licensed real estate agents in within the state leasing,
 3007  granting the use of, or renting such property, shall be required
 3008  to keep a record of each and every such lease, license, or
 3009  rental transaction that which is taxable under this chapter, in
 3010  such a manner and upon such forms as the department may
 3011  prescribe, and to report such transaction to the department or
 3012  its designated agents, and to maintain such records as long as
 3013  required by s. 213.35, subject to the inspection of the
 3014  department and its agents. Upon the failure by such owner;
 3015  property manager; lessor; landlord; hotel, apartment house,
 3016  roominghouse, tourist or trailer camp operator; or real estate
 3017  agent to keep and maintain such records and to make such reports
 3018  upon the forms and in the manner prescribed, such owner;
 3019  property manager; lessor; landlord; hotel, apartment house,
 3020  roominghouse, or tourist or trailer camp operator; receiver of
 3021  rent or license fees; or real estate agent commits is guilty of
 3022  a misdemeanor of the second degree, punishable as provided in s.
 3023  775.082 or s. 775.083, for the first offense and,; for
 3024  subsequent offenses, commits they are each guilty of a
 3025  misdemeanor of the first degree, punishable as provided in s.
 3026  775.082 or s. 775.083. If a, however, any subsequent offense
 3027  involves intentional destruction of such records with an intent
 3028  to evade payment of or deprive the state of any tax revenues,
 3029  such subsequent offense is shall be a felony of the third
 3030  degree, punishable as provided in s. 775.082 or s. 775.083.
 3031         (14) If it is determined upon audit that a dealer has
 3032  collected and remitted taxes by applying the applicable tax rate
 3033  to each transaction as described in subsection (9) and rounding
 3034  the tax due to the nearest whole cent rather than applying the
 3035  appropriate bracket system provided by law or department rule,
 3036  the dealer shall not be held liable for additional tax, penalty,
 3037  and interest resulting from such failure if:
 3038         (a) The dealer acted in a good faith belief that rounding
 3039  to the nearest whole cent was the proper method of determining
 3040  the amount of tax due on each taxable transaction.
 3041         (b) The dealer timely reported and remitted all taxes
 3042  collected on each taxable transaction.
 3043         (c) The dealer agrees in writing to future compliance with
 3044  the laws and rules concerning brackets applicable to the
 3045  dealer’s transactions.
 3046         Section 14. Subsection (3) of section 212.17, Florida
 3047  Statutes, is amended to read:
 3048         212.17 Tax credits or refunds.—
 3049         (3) Except as provided in subsection (4), a dealer who has
 3050  paid the tax imposed by this chapter on tangible personal
 3051  property or services may take a credit or obtain a refund for
 3052  the any tax paid by the dealer on the unpaid balance due on
 3053  worthless accounts within 12 months after the month in which the
 3054  bad debt has been charged off for federal income tax purposes. A
 3055  dealer who has paid the tax imposed by this chapter on tangible
 3056  personal property or services and who is not required to file
 3057  federal income tax returns may take a credit against or obtain a
 3058  refund for the tax paid on the unpaid balance due on worthless
 3059  accounts within 12 months after the month in which the bad debt
 3060  is written off as uncollectible in the dealer’s books and
 3061  records and would be eligible for a bad-debt deduction for
 3062  federal income tax purposes if the dealer were required to file
 3063  a federal income tax return.
 3064         (a) A dealer who is taking a credit against or obtaining a
 3065  refund on worthless accounts shall perform the bad-debt-recovery
 3066  calculation in accordance with 26 U.S.C. s. 166.
 3067         (b) If the amount of bad debt exceeds the amount of taxable
 3068  sales for the period during which the bad debt is written off,
 3069  notwithstanding s. 215.26(2), a refund claim must be filed
 3070  within 3 years after the due date of the return on which the bad
 3071  debt could first be claimed.
 3072         (c) If any accounts so charged off for which a credit or
 3073  refund has been obtained are subsequently, in whole or in part,
 3074  paid in whole or in part to the dealer, the amount so paid shall
 3075  be included in the first return filed after such collection and
 3076  the tax paid accordingly.
 3077         (d) If filing responsibilities have been assumed by a
 3078  certified service provider, the certified service provider shall
 3079  claim, on behalf of the seller, a bad-debt allowance provided by
 3080  this subsection. The certified service provider shall credit or
 3081  refund to the seller the full amount of a bad-debt allowance or
 3082  refund received.
 3083         (e) For the purposes of reporting a payment received on a
 3084  previously claimed bad debt, the payments made on a debt or
 3085  account must first be applied proportionally to the taxable
 3086  price of the property or service and the sales tax on such
 3087  property, and then to interest, service charges, and other
 3088  charges.
 3089         (f) If the books and records of the party claiming the bad
 3090  debt allowance support an allocation of the bad debts among
 3091  states that are members of the Streamlined Sales and Use Tax
 3092  Agreement, the allocation is permitted among those states.
 3093         Section 15. Paragraphs (a) and (f) of subsection (3) of
 3094  section 212.18, Florida Statutes, are amended to read:
 3095         212.18 Administration of law; registration of dealers;
 3096  rules.—
 3097         (3)(a) A person desiring to engage in or conduct business
 3098  in this state as a dealer, or to lease, rent, or let or grant
 3099  licenses in living quarters or sleeping or housekeeping
 3100  accommodations in hotels, apartment houses, roominghouses, or
 3101  tourist or trailer camps that are subject to tax under s.
 3102  212.03, or to lease, rent, or let or grant licenses in real
 3103  property, and a person who sells or receives anything of value
 3104  by way of admissions, must file with the department an
 3105  application for a certificate of registration for each place of
 3106  business. The application must include the names of the persons
 3107  who have interests in such business and their residences, the
 3108  address of the business, and other data reasonably required by
 3109  the department. However, owners and operators of vending
 3110  machines or newspaper rack machines shall are required to obtain
 3111  only one certificate of registration for each county in which
 3112  such machines are located. The department, by rule, may
 3113  authorize a dealer who that uses independent sellers to sell its
 3114  merchandise to remit tax on the retail sales price charged to
 3115  the ultimate consumer in lieu of having the independent seller
 3116  register as a dealer and remit the tax. The department may
 3117  appoint the county tax collector as the department’s agent to
 3118  accept applications for registrations. The application, plus a
 3119  registration fee of $5, must be submitted to the department
 3120  before the person, firm, copartnership, or corporation may
 3121  engage in such business, and it must be accompanied by a
 3122  registration fee of $5. However, a registration fee is not
 3123  required to accompany an application to engage in or conduct
 3124  business to make mail order sales. The department may waive the
 3125  registration fee for applications submitted through the
 3126  department’s Internet registration process or central electronic
 3127  registration system provided by member states of the Streamlined
 3128  Sales and Use Tax Agreement.
 3129         (f) As used in this paragraph, the term “exhibitor” means a
 3130  person who enters into an agreement authorizing the display of
 3131  tangible personal property or services at a convention or a
 3132  trade show. The following provisions apply to the registration
 3133  of exhibitors as dealers under this chapter:
 3134         1. An exhibitor whose agreement prohibits the sale of
 3135  tangible personal property or services subject to the tax
 3136  imposed in this chapter is not required to register as a dealer.
 3137         2. An exhibitor whose agreement provides for the sale at
 3138  wholesale only of tangible personal property or services subject
 3139  to the tax imposed by this chapter must obtain a resale
 3140  certificate from the purchasing dealer but is not required to
 3141  register as a dealer.
 3142         3. An exhibitor whose agreement authorizes the retail sale
 3143  of tangible personal property or services subject to the tax
 3144  imposed by this chapter must register as a dealer and collect
 3145  the tax on such sales.
 3146         4. An exhibitor who makes a mail order sale pursuant to s.
 3147  212.0596 must register as a dealer.
 3148  
 3149  A person who conducts a convention or a trade show must make his
 3150  or her exhibitor’s agreements available to the department for
 3151  inspection and copying.
 3152         Section 16. Section 212.20, Florida Statutes, is amended to
 3153  read:
 3154         212.20 Funds collected, disposition; additional powers of
 3155  department; operational expense; refund of taxes adjudicated
 3156  unconstitutionally collected.—
 3157         (1) The department shall pay over to the Chief Financial
 3158  Officer of the state all funds received and collected by it
 3159  under the provisions of this chapter, to be credited to the
 3160  account of the General Revenue Fund of the state.
 3161         (2) The department may is authorized to employ all
 3162  necessary assistants to administer this chapter properly and may
 3163  is also authorized to purchase all necessary supplies and
 3164  equipment which may be required for this purpose.
 3165         (3) The estimated amount of money needed for the
 3166  administration of this chapter shall be included by the
 3167  department in its annual legislative budget request for the
 3168  operation of its office.
 3169         (4) As used in When there has been a final adjudication
 3170  that any tax pursuant to s. 212.0596 was levied, collected, or
 3171  both, contrary to the Constitution of the United States or the
 3172  State Constitution, the department shall, in accordance with
 3173  rules, determine, based upon claims for refund and other
 3174  evidence and information, who paid such tax or taxes, and refund
 3175  to each such person the amount of tax paid. For purposes of this
 3176  subsection, a “final adjudication” is a decision of a court of
 3177  competent jurisdiction from which no appeal can be taken or from
 3178  which the official or officials of this state with authority to
 3179  make such decisions has or have decided not to appeal.
 3180         (5)For the purposes of this section, the term:
 3181         (a) “Proceeds” means all tax or fee revenue collected or
 3182  received by the department, including interest and penalties.
 3183         (b) “Reallocate” means reduction of the accounts of initial
 3184  deposit and redeposit into the indicated account.
 3185         (5)(6) Distribution of all proceeds under this chapter and
 3186  ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
 3187         (a) Proceeds from the convention development taxes
 3188  authorized under s. 212.0305 shall be reallocated to the
 3189  Convention Development Tax Clearing Trust Fund.
 3190         (b) Proceeds from discretionary sales surtaxes imposed
 3191  pursuant to ss. 212.054 and 212.055 shall be reallocated to the
 3192  Discretionary Sales Surtax Clearing Trust Fund.
 3193         (c)1. Proceeds from the fees imposed under ss.
 3194  212.05(1)(h)3. and 212.18(3) shall remain with the General
 3195  Revenue Fund.
 3196         2. The portion of the proceeds which constitutes gross
 3197  receipts tax imposed pursuant to s. 203.01(1)(a)3. shall be
 3198  deposited as provided by law and in accordance with s. 9, Art.
 3199  XII of the State Constitution.
 3200         (d) The proceeds of all other taxes and fees imposed
 3201  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 3202  and (2)(b) shall be distributed as follows:
 3203         1. In any fiscal year, the greater of $500 million, minus
 3204  an amount equal to 4.6 percent of the proceeds of the taxes
 3205  collected pursuant to chapter 201, or 5.2 percent of all other
 3206  taxes and fees imposed pursuant to this chapter or remitted
 3207  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 3208  monthly installments into the General Revenue Fund.
 3209         2. After the distribution under subparagraph 1., 8.9744
 3210  percent of the amount remitted by a sales tax dealer located
 3211  within a participating county pursuant to s. 218.61 shall be
 3212  transferred into the Local Government Half-cent Sales Tax
 3213  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 3214  transferred shall be reduced by 0.1 percent, and the department
 3215  shall distribute this amount to the Public Employees Relations
 3216  Commission Trust Fund less $5,000 each month, which shall be
 3217  added to the amount calculated in subparagraph 3. and
 3218  distributed accordingly.
 3219         3. After the distribution under subparagraphs 1. and 2.,
 3220  0.0966 percent shall be transferred to the Local Government
 3221  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
 3222  to s. 218.65.
 3223         4. After the distributions under subparagraphs 1., 2., and
 3224  3., 2.0810 percent of the available proceeds shall be
 3225  transferred monthly to the Revenue Sharing Trust Fund for
 3226  Counties pursuant to s. 218.215.
 3227         5. After the distributions under subparagraphs 1., 2., and
 3228  3., 1.3653 percent of the available proceeds shall be
 3229  transferred monthly to the Revenue Sharing Trust Fund for
 3230  Municipalities pursuant to s. 218.215. If the total revenue to
 3231  be distributed pursuant to this subparagraph is at least as
 3232  great as the amount due from the Revenue Sharing Trust Fund for
 3233  Municipalities and the former Municipal Financial Assistance
 3234  Trust Fund in state fiscal year 1999-2000, no municipality shall
 3235  receive less than the amount due from the Revenue Sharing Trust
 3236  Fund for Municipalities and the former Municipal Financial
 3237  Assistance Trust Fund in state fiscal year 1999-2000. If the
 3238  total proceeds to be distributed are less than the amount
 3239  received in combination from the Revenue Sharing Trust Fund for
 3240  Municipalities and the former Municipal Financial Assistance
 3241  Trust Fund in state fiscal year 1999-2000, each municipality
 3242  shall receive an amount proportionate to the amount it was due
 3243  in state fiscal year 1999-2000.
 3244         6. Of the remaining proceeds:
 3245         a. In each fiscal year, the sum of $29,915,500 shall be
 3246  divided into as many equal parts as there are counties in the
 3247  state, and one part shall be distributed to each county. The
 3248  distribution among the several counties must begin each fiscal
 3249  year on or before January 5 5th and continue monthly for a total
 3250  of 4 months. If a local or special law required that any moneys
 3251  accruing to a county in fiscal year 1999-2000 under the then
 3252  existing provisions of s. 550.135 be paid directly to the
 3253  district school board, special district, or a municipal
 3254  government, such payment must continue until the local or
 3255  special law is amended or repealed. The state covenants with
 3256  holders of bonds or other instruments of indebtedness issued by
 3257  local governments, special districts, or district school boards
 3258  before July 1, 2000, that it is not the intent of this
 3259  subparagraph to adversely affect the rights of those holders or
 3260  relieve local governments, special districts, or district school
 3261  boards of the duty to meet their obligations as a result of
 3262  previous pledges or assignments or trusts entered into which
 3263  obligated funds received from the distribution to county
 3264  governments under then-existing s. 550.135. This distribution
 3265  specifically is in lieu of funds distributed under s. 550.135
 3266  before July 1, 2000.
 3267         b. The department shall distribute $166,667 monthly to each
 3268  applicant certified as a facility for a new or retained
 3269  professional sports franchise pursuant to s. 288.1162. Up to
 3270  $41,667 shall be distributed monthly by the department to each
 3271  certified applicant as defined in s. 288.11621 for a facility
 3272  for a spring training franchise. However, not more than $416,670
 3273  may be distributed monthly in the aggregate to all certified
 3274  applicants for facilities for spring training franchises.
 3275  Distributions begin 60 days after such certification and
 3276  continue for not more than 30 years, except as otherwise
 3277  provided in s. 288.11621. A certified applicant identified in
 3278  this sub-subparagraph may not receive more in distributions than
 3279  expended by the applicant for the public purposes provided under
 3280  in s. 288.1162(5) or s. 288.11621(3).
 3281         c. Beginning 30 days after notice by the Department of
 3282  Economic Opportunity to the department of Revenue that an
 3283  applicant has been certified as the professional golf hall of
 3284  fame pursuant to s. 288.1168 and is open to the public, $166,667
 3285  shall be distributed monthly, for up to 300 months, to the
 3286  applicant.
 3287         d. Beginning 30 days after notice by the Department of
 3288  Economic Opportunity to the department of Revenue that the
 3289  applicant has been certified as the International Game Fish
 3290  Association World Center facility pursuant to s. 288.1169, and
 3291  the facility is open to the public, $83,333 shall be distributed
 3292  monthly, for up to 168 months, to the applicant. This
 3293  distribution is subject to reduction pursuant to s. 288.1169. A
 3294  lump sum payment of $999,996 shall be made after certification
 3295  and before July 1, 2000.
 3296         e. The department shall distribute up to $83,333 monthly to
 3297  each certified applicant as defined in s. 288.11631 for a
 3298  facility used by a single spring training franchise, or up to
 3299  $166,667 monthly to each certified applicant as defined in s.
 3300  288.11631 for a facility used by more than one spring training
 3301  franchise. Monthly distributions begin 60 days after such
 3302  certification or July 1, 2016, whichever is later, and continue
 3303  for not more than 20 years to each certified applicant as
 3304  defined in s. 288.11631 for a facility used by a single spring
 3305  training franchise or not more than 25 years to each certified
 3306  applicant as defined in s. 288.11631 for a facility used by more
 3307  than one spring training franchise. A certified applicant
 3308  identified in this sub-subparagraph may not receive more in
 3309  distributions than expended by the applicant for the public
 3310  purposes provided in s. 288.11631(3).
 3311         f. Beginning 45 days after notice by the Department of
 3312  Economic Opportunity to the department of Revenue that an
 3313  applicant has been approved by the Legislature and certified by
 3314  the Department of Economic Opportunity under s. 288.11625, or
 3315  upon a date specified by the Department of Economic Opportunity
 3316  as provided under s. 288.11625(6)(d), the department shall
 3317  distribute each month an amount equal to one-twelfth of the
 3318  annual distribution amount certified by the Department of
 3319  Economic Opportunity for the applicant. The department may not
 3320  distribute more than $7 million in the 2014-2015 fiscal year or
 3321  more than $13 million annually thereafter under this sub
 3322  subparagraph.
 3323         g. Beginning December 1, 2015, and ending June 30, 2016,
 3324  the department shall distribute $26,286 monthly to the State
 3325  Transportation Trust Fund. Beginning July 1, 2016, the
 3326  department shall distribute $15,333 monthly to the State
 3327  Transportation Trust Fund.
 3328         7. All other proceeds must remain in the General Revenue
 3329  Fund.
 3330         Section 17. Section 213.052, Florida Statutes, is created
 3331  to read:
 3332         213.052 Effective date of state sales and use tax rate
 3333  changes under chapter 212.—
 3334         (1) The effective date for a sales or use tax rate change
 3335  imposed under chapter 212 is January 1, April 1, July 1, or
 3336  October 1.
 3337         (2) The Department of Revenue shall provide notice of such
 3338  rate change to all affected sellers 60 days before the effective
 3339  date of the rate change. Failure of a seller to receive notice
 3340  does not relieve the seller of its obligation to collect sales
 3341  or use tax.
 3342         Section 18. Section 213.0521, Florida Statutes, is created
 3343  to read:
 3344         213.0521 Effective date of state sales and use tax rate
 3345  changes pursuant to legislative act.—The effective date for
 3346  services starting before and ending after the effective date of
 3347  a legislative act is as follows:
 3348         (1) For a rate increase, the new rate applies to the first
 3349  billing period starting on or after the effective date.
 3350         (2) For a rate decrease, the new rate applies to bills
 3351  rendered on or after the effective date.
 3352         Section 19. Section 213.215, Florida Statutes, is created
 3353  to read:
 3354         213.215 Sales and use tax amnesty upon registration in
 3355  accordance with the Streamlined Sales and Use Tax Agreement.—
 3356         (1) Amnesty shall be provided for uncollected or unpaid
 3357  sales or use tax to a seller who registers to pay or to collect
 3358  and remit applicable sales or use tax in accordance with the
 3359  Streamlined Sales and Use Tax Agreement authorized under s.
 3360  213.256 if the seller was not registered with the Department of
 3361  Revenue during the 12 months before the effective date of
 3362  participation in the agreement by this state.
 3363         (2) Amnesty precludes assessment for uncollected or unpaid
 3364  sales or use tax, together with penalty or interest for sales
 3365  made during the period the seller was not registered with the
 3366  Department of Revenue, if registration occurs within 12 months
 3367  after the effective date of this state’s participation in the
 3368  agreement.
 3369         (3) Amnesty is not available to a seller with respect to a
 3370  matter for which the seller received notice of the commencement
 3371  of an audit if the audit is not finally resolved, including
 3372  related administrative and judicial processes.
 3373         (4) Amnesty is not available for sales or use taxes already
 3374  paid or remitted to the state or to taxes collected by the
 3375  seller.
 3376         (5) Absent the seller’s fraud or intentional
 3377  misrepresentation of a material fact, amnesty is fully effective
 3378  as long as the seller continues registration and continues
 3379  payment or collection and remittance of applicable sales or use
 3380  taxes for at least 36 months.
 3381         (6) The amnesty applies only to sales or use taxes due from
 3382  a seller in its capacity as a seller and not to sales or use
 3383  taxes due from a seller in its capacity as a buyer.
 3384         Section 20. Subsections (1) and (2) of section 213.256,
 3385  Florida Statutes, are amended to read:
 3386         213.256 Simplified Sales and Use Tax Administration Act.—
 3387         (1) As used in this section and ss. 213.2561 and 213.2562,
 3388  the term:
 3389         (a) “Agent” means, for purposes of carrying out the
 3390  responsibilities placed on a dealer, a person appointed by the
 3391  seller to represent the seller before the department
 3392  “Department” means the Department of Revenue.
 3393         (b) “Agreement” means the Streamlined Sales and Use Tax
 3394  Agreement as amended and adopted on January 27, 2001, by the
 3395  Executive Committee of the National Conference of State
 3396  Legislatures.
 3397         (c) “Certified automated system” means software certified
 3398  jointly by the state states that are signatories to the
 3399  agreement to calculate the tax imposed by each jurisdiction on a
 3400  transaction, determine the amount of tax to remit to the
 3401  appropriate state, and maintain a record of the transaction.
 3402         (d) “Certified service provider” means an agent certified
 3403  jointly by the states that are signatories to the agreement to
 3404  perform all of the seller’s sales tax functions other than the
 3405  seller’s obligation to remit tax on its own purchases.
 3406         (e) “Department” means the Department of Revenue.
 3407         (f) “Governing board” means the governing board of the
 3408  agreement.
 3409         (g)1. “Model 1 seller” means a seller that has selected a
 3410  certified service provider as the seller’s agent to perform all
 3411  of the seller’s sales and use tax functions other than the
 3412  seller’s obligation to remit tax on the seller’s purchases.
 3413         2. “Model 2 seller” means a seller that has selected a
 3414  certified automated system to perform part of the seller’s sales
 3415  and use tax functions, but retains responsibility for remitting
 3416  the tax.
 3417         3. “Model 3 seller” means a seller that has sales in at
 3418  least five member states, has total annual sales revenue of at
 3419  least $500 million, has a proprietary system that calculates the
 3420  amount of tax due each jurisdiction, and has entered into a
 3421  performance agreement with the member states which establishes a
 3422  tax performance standard for the seller.
 3423  
 3424  As used in this paragraph, a seller includes an affiliated group
 3425  of sellers using the same proprietary system.
 3426         (h)(e) “Person” means an individual, trust, estate,
 3427  fiduciary, partnership, limited liability company, limited
 3428  liability partnership, corporation, or any other legal entity.
 3429         (i) “Registered under this agreement” means registration by
 3430  a seller with the member states under the central registration
 3431  system.
 3432         (j)(f) “Sales tax” means the tax levied under chapter 212.
 3433         (k)(g) “Seller” means a any person making sales, leases, or
 3434  rentals of personal property or services.
 3435         (l)(h) “State” means a any state of the United States and
 3436  the District of Columbia.
 3437         (m)(i) “Use tax” means the tax levied under chapter 212.
 3438         (2)(a) The executive director of the department may shall
 3439  enter into the agreement the Streamlined Sales and Use Tax
 3440  Agreement with one or more states to simplify and modernize
 3441  sales and use tax administration in order to substantially
 3442  reduce the burden of tax compliance for all sellers and for all
 3443  types of commerce. In furtherance of the agreement, the
 3444  executive director of the department or his or her designee
 3445  shall act jointly with other states that are members of the
 3446  agreement to establish standards for certification of a
 3447  certified service provider and certified automated systems
 3448  system and central registration systems establish performance
 3449  standards for multistate sellers.
 3450         (b) The executive director of the department or his or her
 3451  designee shall take other actions reasonably required to
 3452  administer this section. Other actions authorized by this
 3453  section include, but are not limited to, the adoption of rules
 3454  and the joint procurement, with other member states, of goods
 3455  and services in furtherance of the cooperative agreement.
 3456         (c) The executive director of the department or his or her
 3457  designee may represent this state before the other states that
 3458  are signatories to the agreement.
 3459         (d) The executive director of the department or his or her
 3460  designee may prepare and submit reports and certifications that
 3461  are determined necessary according to the terms of the agreement
 3462  and may enter into other agreements with the governing board,
 3463  member states, and service providers which the executive
 3464  director determines necessary to facilitate the administration
 3465  of the tax laws of this state.
 3466         Section 21. Section 213.2561, Florida Statutes, is created
 3467  to read:
 3468         213.2561 Approval of software to calculate tax.—The
 3469  department shall review and approve software submitted to the
 3470  governing board for certification as a certified automated
 3471  system. If the software accurately reflects the taxability of
 3472  product categories included in the program, the department shall
 3473  certify the approval of the software to the governing board.
 3474         Section 22. Section 213.2562, Florida Statutes, is created
 3475  to read:
 3476         213.2562 Simplified Sales and Use Tax Agreement
 3477  registration, certification, liability, and audit.—
 3478         (1) A seller that registers under the agreement agrees to
 3479  collect and remit sales and use taxes for all taxable sales into
 3480  the member states, including member states joining after the
 3481  seller’s registration. Withdrawal or revocation of this state
 3482  does not relieve a seller of its responsibility to remit taxes
 3483  previously or subsequently collected on behalf of the state.
 3484         (a) When registering, the seller may select a model 1,
 3485  model 2, or model 3 method of remittance or other method allowed
 3486  by state law to remit the taxes collected.
 3487         (b) A seller may be registered by an agent. Such
 3488  appointment must be in writing and submitted to a member state.
 3489         (2)(a) A certified service provider is the agent of a model
 3490  1 seller with whom the certified service provider has contracted
 3491  for the collection and remittance of sales and use taxes. As the
 3492  model 1 seller’s agent, the certified service provider is liable
 3493  for sales and use tax due this state on all sales transactions
 3494  it processes for the model 1 seller, except as specified in
 3495  paragraph (b).
 3496         (b) A model 1 seller is not liable to the state for sales
 3497  or use tax due on transactions processed by the certified
 3498  service provider unless the model 1 seller has misrepresented
 3499  the type of items it sells or has committed fraud. In the
 3500  absence of probable cause to believe that the model 1 seller has
 3501  committed fraud or made a material misrepresentation, the model
 3502  1 seller is not subject to audit on the transactions processed
 3503  by the certified service provider. A model 1 seller is subject
 3504  to audit for transactions that have not been processed by the
 3505  certified service provider. Acting jointly, the member states
 3506  may perform a system check of the model 1 seller and review the
 3507  model 1 seller’s procedures to determine if the certified
 3508  service provider’s system is functioning properly and to
 3509  determine the extent to which the model 1 seller’s transactions
 3510  are being processed by the certified service provider.
 3511         (3) A model 2 seller that uses a certified automated system
 3512  remains responsible and is liable to this state for reporting
 3513  and remitting tax. However, a model 2 seller is not responsible
 3514  for errors in reliance on a certified automated system.
 3515         (4) A model 3 seller is liable for the failure of the
 3516  proprietary system to meet the performance standard.
 3517         (5) A person who provides a certified automated system is
 3518  not liable for errors contained in software that was approved by
 3519  the department and certified to the governing board. However,
 3520  such person is:
 3521         (a)Responsible for the proper functioning of that system;
 3522         (b) Liable to this state for underpayments of tax
 3523  attributable to errors in the functioning of the certified
 3524  automated system; and
 3525         (c) Liable for the misclassification of an item or
 3526  transaction that is not corrected within 10 days after the
 3527  receipt of notice from the department.
 3528         (6) The executive director of the department or his or her
 3529  designee may certify a person as a certified service provider if
 3530  the person:
 3531         (a) Uses a certified automated system;
 3532         (b) Integrates its certified automated system with the
 3533  system of a seller for whom the person collects tax so that the
 3534  tax due on a sale is determined at the time of the sale;
 3535         (c) Agrees to remit the taxes it collects at the time and
 3536  in the manner specified by chapter 212;
 3537         (d) Agrees to file returns on behalf of the sellers for
 3538  whom it collects tax;
 3539         (e) Agrees to protect the privacy of tax information it
 3540  obtains in accordance with s. 213.053; and
 3541         (f) Enters into a contract with the department.
 3542         (7) The department shall review software submitted to the
 3543  governing board for certification as a certified automated
 3544  system. The executive director of the department shall certify
 3545  the approval of the software to the governing board if the
 3546  software:
 3547         (a) Determines the applicable state and local sales and use
 3548  tax rate for a transaction in accordance with s. 212.06(3) and
 3549  (4);
 3550         (b) Determines whether an item is exempt from tax;
 3551         (c) Determines the amount of tax to be remitted for each
 3552  taxpayer for a reporting period; and
 3553         (d) Can generate reports and returns as required by the
 3554  governing board.
 3555         (8) The department may adopt by rule one or more sales tax
 3556  performance standards for model 3 sellers.
 3557         (9) Disclosure of information that is exempt or
 3558  confidential and exempt under law which is necessary under this
 3559  section must be made according to a written agreement between
 3560  the executive director of the department or his or her designee
 3561  and the certified service provider. The certified service
 3562  provider is bound by the same requirements of confidentiality as
 3563  department employees. A willful breach of confidentiality is a
 3564  misdemeanor of the first degree, punishable as provided in s.
 3565  775.082 or s. 775.083.
 3566         Section 23. It is the intent of the Legislature to urge the
 3567  United States Congress to consider adequate protections for
 3568  small businesses engaging in both offline and online
 3569  transactions from added costs, administrative burdens, and
 3570  requirements imposed on intermediaries relating to the
 3571  collection and remittance of sales and use tax.
 3572         Section 24. Emergency rules.—
 3573         (1) The executive director of the Department of Revenue is
 3574  authorized, and all conditions are deemed to be met, to adopt
 3575  emergency rules pursuant to s. 120.54(4), Florida Statutes, for
 3576  the purpose of implementing this act.
 3577         (2) Notwithstanding any other law, emergency rules adopted
 3578  pursuant to subsection (1) are effective for 6 months after
 3579  adoption and may be renewed during the pendency of procedures to
 3580  adopt permanent rules addressing the subject of the emergency
 3581  rules.
 3582         (3) This section expires January 1, 2020.
 3583         Section 25. Paragraph (a) of subsection (5) of section
 3584  11.45, Florida Statutes, is amended to read:
 3585         11.45 Definitions; duties; authorities; reports; rules.—
 3586         (5) PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.—
 3587         (a) The Legislative Auditing Committee shall direct the
 3588  Auditor General to make an audit of a any municipality if
 3589  whenever petitioned to do so by at least 20 percent of the
 3590  registered electors in the last general election of that
 3591  municipality pursuant to this subsection. The supervisor of
 3592  elections of the county in which the municipality is located
 3593  shall certify whether or not the petition contains the
 3594  signatures of at least 20 percent of the registered electors of
 3595  the municipality. After the completion of the audit, the Auditor
 3596  General shall determine whether the municipality has the fiscal
 3597  resources necessary to pay the cost of the audit. The
 3598  municipality shall pay the cost of the audit within 90 days
 3599  after the Auditor General’s determination that the municipality
 3600  has the available resources. If the municipality fails to pay
 3601  the cost of the audit, the Department of Revenue shall, upon
 3602  certification of the Auditor General, withhold from that portion
 3603  of the distribution pursuant to s. 212.20(5)(d)5. s.
 3604  212.20(6)(d)5. which is distributable to such municipality, a
 3605  sum sufficient to pay the cost of the audit and shall deposit
 3606  that sum into the General Revenue Fund of the state.
 3607         Section 26. Subsection (6) of section 196.012, Florida
 3608  Statutes, is amended to read:
 3609         196.012 Definitions.—For the purpose of this chapter, the
 3610  following terms are defined as follows, except where the context
 3611  clearly indicates otherwise:
 3612         (6) Governmental, municipal, or public purpose or function
 3613  is shall be deemed to be served or performed when the lessee
 3614  under a any leasehold interest created in property of the United
 3615  States, the state or any of its political subdivisions, or a any
 3616  municipality, agency, special district, authority, or other
 3617  public body corporate of the state is demonstrated to perform a
 3618  function or serve a governmental purpose that which could
 3619  properly be performed or served by an appropriate governmental
 3620  unit or which is demonstrated to perform a function or serve a
 3621  purpose which would otherwise be a valid subject for the
 3622  allocation of public funds. For purposes of the preceding
 3623  sentence, an activity undertaken by a lessee which is permitted
 3624  under the terms of its lease of real property designated as an
 3625  aviation area on an airport layout plan that which has been
 3626  approved by the Federal Aviation Administration and which real
 3627  property is used for the administration, operation, business
 3628  offices and activities related specifically thereto in
 3629  connection with the conduct of an aircraft full service fixed
 3630  base operation which provides goods and services to the general
 3631  aviation public in the promotion of air commerce is shall be
 3632  deemed an activity that which serves a governmental, municipal,
 3633  or public purpose or function. An Any activity undertaken by a
 3634  lessee which is permitted under the terms of its lease of real
 3635  property designated as a public-use public airport as defined in
 3636  s. 332.004(14) by municipalities, agencies, special districts,
 3637  authorities, or other public bodies corporate and public bodies
 3638  politic of the state, a spaceport as defined in s. 331.303, or
 3639  which is located in a deepwater port identified in s.
 3640  403.021(9)(b) and owned by one of the foregoing governmental
 3641  units, subject to a leasehold or other possessory interest of a
 3642  nongovernmental lessee that is deemed to perform an aviation,
 3643  airport, aerospace, maritime, or port purpose or operation is
 3644  shall be deemed an activity that serves a governmental,
 3645  municipal, or public purpose. The use by a lessee, licensee, or
 3646  management company of real property or a portion thereof as a
 3647  convention center, visitor center, sports facility with
 3648  permanent seating, concert hall, arena, stadium, park, or beach
 3649  is deemed a use that serves a governmental, municipal, or public
 3650  purpose or function when access to the property is open to the
 3651  general public with or without a charge for admission. If
 3652  property deeded to a municipality by the United States is
 3653  subject to a requirement that the Federal Government, through a
 3654  schedule established by the Secretary of the Interior, determine
 3655  that the property is being maintained for public historic
 3656  preservation, park, or recreational purposes and if those
 3657  conditions are not met the property reverts will revert back to
 3658  the Federal Government, then such property shall be deemed to
 3659  serve a municipal or public purpose. The term “governmental
 3660  purpose” also includes a direct use of property on federal lands
 3661  in connection with the Federal Government’s Space Exploration
 3662  Program or spaceport activities as defined in s. 212.02(22).
 3663  Real property and tangible personal property owned by the
 3664  Federal Government or Space Florida and used for defense and
 3665  space exploration purposes or which is put to a use in support
 3666  thereof is shall be deemed to perform an essential national
 3667  governmental purpose and is shall be exempt. The term “owned by
 3668  the lessee” as used in this chapter does not include personal
 3669  property, buildings, or other real property improvements used
 3670  for the administration, operation, business offices and
 3671  activities related specifically thereto in connection with the
 3672  conduct of an aircraft full service fixed based operation which
 3673  provides goods and services to the general aviation public in
 3674  the promotion of air commerce provided that the real property is
 3675  designated as an aviation area on an airport layout plan
 3676  approved by the Federal Aviation Administration. For purposes of
 3677  determining determination of “ownership,” buildings and other
 3678  real property improvements that which will revert to the airport
 3679  authority or other governmental unit upon expiration of the term
 3680  of the lease are shall be deemed “owned” by the governmental
 3681  unit and not the lessee. Providing two-way telecommunications
 3682  services to the public for hire by the use of a
 3683  telecommunications facility, as defined in s. 364.02(14), and
 3684  for which a certificate is required under chapter 364 does not
 3685  constitute an exempt use for purposes of s. 196.199, unless the
 3686  telecommunications services are provided by the operator of a
 3687  public-use airport, as defined in s. 332.004, for the operator’s
 3688  provision of telecommunications services for the airport or its
 3689  tenants, concessionaires, or licensees, or unless the
 3690  telecommunications services are provided by a public hospital.
 3691         Section 27. Paragraph (b) of subsection (1) and paragraph
 3692  (b) of subsection (2) of section 202.18, Florida Statutes, are
 3693  amended to read:
 3694         202.18 Allocation and disposition of tax proceeds.—The
 3695  proceeds of the communications services taxes remitted under
 3696  this chapter shall be treated as follows:
 3697         (1) The proceeds of the taxes remitted under s.
 3698  202.12(1)(a) shall be divided as follows:
 3699         (b) The remaining portion shall be distributed according to
 3700  s. 212.20(5) s. 212.20(6).
 3701         (2) The proceeds of the taxes remitted under s.
 3702  202.12(1)(b) shall be allocated as follows:
 3703         (b) Fifty-five and nine-tenths percent of the remainder
 3704  shall be allocated to the state and distributed pursuant to s.
 3705  212.20(5) s. 212.20(6), except that the proceeds allocated
 3706  pursuant to s. 212.20(5)(d)2. s. 212.20(6)(d)2. shall be
 3707  prorated to the participating counties in the same proportion as
 3708  that month’s collection of the taxes and fees imposed pursuant
 3709  to chapter 212 and paragraph (1)(b).
 3710         Section 28. Section 203.0011, Florida Statutes, is amended
 3711  to read:
 3712         203.0011 Combined rate for tax collected pursuant to ss.
 3713  203.01(1)(b)4. and 212.05(1)(e)3. 212.05(1)(e)1.c.—In complying
 3714  with the amendments to ss. 203.01 and 212.05, relating to the
 3715  additional tax on electrical power or energy, made by this act,
 3716  a seller of electrical power or energy may collect a combined
 3717  rate of 6.95 percent, which consists of the 4.35 percent and 2.6
 3718  percent required under ss. 212.05(1)(e)3. 212.05(1)(e)1.c. and
 3719  203.01(1)(b)4., respectively, if the provider properly reflects
 3720  the tax collected with respect to the two provisions as required
 3721  in the return to the Department of Revenue.
 3722         Section 29. Paragraph (a) of subsection (1) of section
 3723  203.01, Florida Statutes, is amended to read:
 3724         203.01 Tax on gross receipts for utility and communications
 3725  services.—
 3726         (1)(a)1. A tax is imposed on gross receipts from utility
 3727  services that are delivered to a retail consumer in this state.
 3728  The tax shall be levied as provided in paragraphs (b)-(j).
 3729         2. A tax is levied on communications services as defined in
 3730  s. 202.11(1). The tax applies shall be applied to the same
 3731  services and transactions as are subject to taxation under
 3732  chapter 202, and to communications services that are subject to
 3733  the exemption provided in s. 202.125(1). The tax applies shall
 3734  be applied to the sales price of communications services if when
 3735  sold at retail, as the terms are defined in s. 202.11, is shall
 3736  be due and payable at the same time as the taxes imposed
 3737  pursuant to chapter 202, and shall be administered and collected
 3738  pursuant to chapter 202.
 3739         3. An additional tax is levied on charges for, or the use
 3740  of, electrical power or energy that is subject to the tax levied
 3741  pursuant to s. 212.05(1)(e)3. s. 212.05(1)(e)1.c. or s.
 3742  212.06(1). The tax applies shall be applied to the same
 3743  transactions or uses as are subject to taxation under s.
 3744  212.05(1)(e)3. s. 212.05(1)(e)1.c. or s. 212.06(1). If a
 3745  transaction or use is exempt from the tax imposed under s.
 3746  212.05(1)(e)3. s. 212.05(1)(e)1.c. or s. 212.06(1), the
 3747  transaction or use is also exempt from the tax imposed under
 3748  this subparagraph. The tax applies shall be applied to charges
 3749  for electrical power or energy and is due and payable at the
 3750  same time as taxes imposed pursuant to chapter 212. Chapter 212
 3751  governs the administration and enforcement of the tax imposed by
 3752  this subparagraph. The charges upon which the tax imposed by
 3753  this subparagraph is applied do not include the taxes imposed by
 3754  subparagraph 1. or s. 166.231. The tax imposed by this
 3755  subparagraph becomes state funds at the moment of collection and
 3756  is not considered as revenue of a utility for purposes of a
 3757  franchise agreement between the utility and a local government.
 3758         Section 30. Paragraph (a) of subsection (1) of section
 3759  212.031, Florida Statutes, is amended to read:
 3760         212.031 Tax on rental or license fee for use of real
 3761  property.—
 3762         (1)(a) It is declared to be the legislative intent that
 3763  each every person is exercising a taxable privilege who engages
 3764  in the business of renting, leasing, letting, or granting a
 3765  license for the use of any real property is exercising a taxable
 3766  privilege unless such property is:
 3767         1. Assessed as agricultural property under s. 193.461.
 3768         2. Used exclusively as dwelling units.
 3769         3. Property subject to tax on parking, docking, or storage
 3770  spaces under s. 212.03(6).
 3771         4. Recreational property or the common elements of a
 3772  condominium if when subject to a lease between the developer or
 3773  owner thereof and the condominium association in its own right
 3774  or as agent for the owners of individual condominium units or
 3775  the owners of individual condominium units. However, only the
 3776  lease payments on such property are shall be exempt from the tax
 3777  imposed by this chapter, and any other use made by the owner or
 3778  the condominium association is shall be fully taxable under this
 3779  chapter.
 3780         5. A public or private street or right-of-way and poles,
 3781  conduits, fixtures, and similar improvements located on such
 3782  streets or rights-of-way, occupied or used by a utility or
 3783  provider of communications services, as defined by s. 202.11,
 3784  for utility or communications or television purposes. As used in
 3785  For purposes of this subparagraph, the term “utility” means a
 3786  any person providing utility services as defined in s. 203.012.
 3787  This exception also applies to property, wherever located, on
 3788  which the following are placed: towers, antennas, cables,
 3789  accessory structures, or equipment, not including switching
 3790  equipment, used in the provision of mobile communications
 3791  services as defined in s. 202.11. For purposes of this chapter,
 3792  towers used in the provision of mobile communications services,
 3793  as defined in s. 202.11, are considered to be fixtures.
 3794         6. A public street or road that which is used for
 3795  transportation purposes.
 3796         7. Property used at an airport exclusively for the purpose
 3797  of aircraft landing or aircraft taxiing or property used by an
 3798  airline for the purpose of loading or unloading passengers or
 3799  property onto or from aircraft or for fueling aircraft.
 3800         8.a. Property used at a port authority, as defined in s.
 3801  315.02(2), exclusively for the purpose of oceangoing vessels or
 3802  tugs docking, or such vessels mooring on property used by a port
 3803  authority for the purpose of loading or unloading passengers or
 3804  cargo onto or from such a vessel, or property used at a port
 3805  authority for fueling such vessels, or to the extent that the
 3806  amount paid for the use of any property at the port is based on
 3807  the charge for the amount of tonnage actually imported or
 3808  exported through the port by a tenant.
 3809         b. The amount charged for the use of any property at the
 3810  port in excess of the amount charged for tonnage actually
 3811  imported or exported remains shall remain subject to tax except
 3812  as provided in this subparagraph sub-subparagraph a.
 3813         9. Property used as an integral part of the performance of
 3814  qualified production services. As used in this subparagraph, the
 3815  term “qualified production services” means an any activity or
 3816  service performed directly in connection with the production of
 3817  a qualified motion picture, as defined in s. 212.06(1)(b), and
 3818  includes:
 3819         a. Photography, sound and recording, casting, location
 3820  managing and scouting, shooting, creation of special and optical
 3821  effects, animation, adaptation (language, media, electronic, or
 3822  otherwise), technological modifications, computer graphics, set
 3823  and stage support (such as electricians, lighting designers and
 3824  operators, greensmen, prop managers and assistants, and grips),
 3825  wardrobe (design, preparation, and management), hair and makeup
 3826  (design, production, and application), performing (such as
 3827  acting, dancing, and playing), designing and executing stunts,
 3828  coaching, consulting, writing, scoring, composing,
 3829  choreographing, script supervising, directing, producing,
 3830  transmitting dailies, dubbing, mixing, editing, cutting,
 3831  looping, printing, processing, duplicating, storing, and
 3832  distributing;
 3833         b. The design, planning, engineering, construction,
 3834  alteration, repair, and maintenance of real or personal
 3835  property, including stages, sets, props, models, paintings, and
 3836  facilities principally required for the performance of those
 3837  services specified listed in sub-subparagraph a.; and
 3838         c. Property management services directly related to
 3839  property used in connection with the services described in sub
 3840  subparagraphs a. and b.
 3841  
 3842  This exemption inures will inure to the taxpayer upon
 3843  presentation of the certificate of exemption issued to the
 3844  taxpayer under the provisions of s. 288.1258.
 3845         10. Leased, subleased, licensed, or rented to a person
 3846  providing food and drink concessionaire services within the
 3847  premises of a convention hall, exhibition hall, auditorium,
 3848  stadium, theater, arena, civic center, performing arts center,
 3849  publicly owned recreational facility, or a any business operated
 3850  under a permit issued pursuant to chapter 550. A person
 3851  providing retail concessionaire services involving the sale of
 3852  food and drink or other tangible personal property within the
 3853  premises of an airport shall be subject to tax on the rental of
 3854  real property used for that purpose, but shall not be subject to
 3855  the tax on a any license to use the property. For purposes of
 3856  this subparagraph, the term “sale” does shall not include the
 3857  leasing of tangible personal property.
 3858         11. Property occupied pursuant to an instrument calling for
 3859  payments which the department has declared, in a Technical
 3860  Assistance Advisement issued on or before March 15, 1993, to be
 3861  nontaxable pursuant to rule 12A-1.070(19)(c), Florida
 3862  Administrative Code.; provided that This subparagraph applies
 3863  shall only apply to property occupied by the same person before
 3864  and after the execution of the subject instrument and only to
 3865  those payments made pursuant to such instrument, exclusive of
 3866  renewals and extensions thereof occurring after March 15, 1993.
 3867         12. Property used or occupied predominantly for space
 3868  flight business purposes. As used in this subparagraph the term,
 3869  “space flight business” means the manufacturing, processing, or
 3870  assembly of a space facility, space propulsion system, space
 3871  vehicle, satellite, or station of any kind possessing the
 3872  capacity for space flight, as defined by s. 212.02(23), or
 3873  components thereof, and also means the following activities
 3874  supporting space flight: vehicle launch activities, flight
 3875  operations, ground control or ground support, and all
 3876  administrative activities directly related thereto. Property
 3877  shall be deemed to be used or occupied predominantly for space
 3878  flight business purposes if more than 50 percent of the
 3879  property, or improvements thereon, is used for one or more space
 3880  flight business purposes. Possession by a landlord, lessor, or
 3881  licensor of a signed written statement from the tenant, lessee,
 3882  or licensee claiming the exemption relieves shall relieve the
 3883  landlord, lessor, or licensor from the responsibility of
 3884  collecting the tax, and the department shall look solely to the
 3885  tenant, lessee, or licensee for recovery of such tax if it
 3886  determines that the exemption is was not applicable.
 3887         13. Rented, leased, subleased, or licensed to a person
 3888  providing telecommunications, data systems management, or
 3889  Internet services at a publicly or privately owned convention
 3890  hall, civic center, or meeting space at a public lodging
 3891  establishment as defined in s. 509.013. This subparagraph
 3892  applies only to that portion of the rental, lease, or license
 3893  payment that is based on upon a percentage of sales, revenue
 3894  sharing, or royalty payments and not based on upon a fixed
 3895  price. This subparagraph is intended to be clarifying and
 3896  remedial in nature and applies shall apply retroactively. This
 3897  subparagraph does not provide a basis for an assessment of any
 3898  tax not paid, or create a right to a refund of any tax paid,
 3899  pursuant to this section before July 1, 2010.
 3900         Section 31. Section 212.05011, Florida Statutes, is amended
 3901  to read:
 3902         212.05011 Combined rate for tax collected pursuant to ss.
 3903  203.01(1)(b)4. and 212.05(1)(e)3. 212.05(1)(e)1.c.—In complying
 3904  with the amendments to ss. 203.01 and 212.05, relating to the
 3905  additional tax on electrical power or energy, made by this act,
 3906  a seller of electrical power or energy may collect a combined
 3907  rate of 6.95 percent, which consists of the 4.35 percent and 2.6
 3908  percent required under ss. 212.05(1)(e)3. ss. 212.05(1)(e)1.c.
 3909  and 203.01(1)(b)4., respectively, if the provider properly
 3910  reflects the tax collected with respect to the two provisions as
 3911  required in the return to the department of Revenue.
 3912         Section 32. Paragraph (b) of subsection (1) of section
 3913  212.052, Florida Statutes, is amended to read:
 3914         212.052 Research or development costs; exemption.—
 3915         (1) For the purposes of the exemption provided in this
 3916  section:
 3917         (b) The term “costs” means cost price as defined in s.
 3918  212.02(4).
 3919         Section 33. Paragraph (c) of subsection (2), paragraph (c)
 3920  of subsection (3), and paragraphs (c) and (g) of subsection (8)
 3921  of section 212.055, Florida Statutes, are amended to read:
 3922         212.055 Discretionary sales surtaxes; legislative intent;
 3923  authorization and use of proceeds.—It is the legislative intent
 3924  that any authorization for imposition of a discretionary sales
 3925  surtax shall be published in the Florida Statutes as a
 3926  subsection of this section, irrespective of the duration of the
 3927  levy. Each enactment shall specify the types of counties
 3928  authorized to levy; the rate or rates which may be imposed; the
 3929  maximum length of time the surtax may be imposed, if any; the
 3930  procedure which must be followed to secure voter approval, if
 3931  required; the purpose for which the proceeds may be expended;
 3932  and such other requirements as the Legislature may provide.
 3933  Taxable transactions and administrative procedures shall be as
 3934  provided in s. 212.054.
 3935         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
 3936         (c) Pursuant to s. 212.054(4), the proceeds of the surtax
 3937  levied under this subsection shall be distributed to the county
 3938  and the municipalities within such county in which the surtax
 3939  was collected, according to:
 3940         1. An interlocal agreement between the county governing
 3941  authority and the governing bodies of the municipalities
 3942  representing a majority of the county’s municipal population,
 3943  which agreement may include a school district with the consent
 3944  of the county governing authority and the governing bodies of
 3945  the municipalities representing a majority of the county’s
 3946  municipal population; or
 3947         2. If there is no interlocal agreement, according to the
 3948  formula provided in s. 218.62.
 3949  
 3950  A Any change in the distribution formula must take effect on the
 3951  first day of the any month that begins at least 60 days after
 3952  written notification of that change has been made to the
 3953  department.
 3954         (3) SMALL COUNTY SURTAX.—
 3955         (c) Pursuant to s. 212.054(4), the proceeds of the surtax
 3956  levied under this subsection shall be distributed to the county
 3957  and the municipalities within the county in which the surtax was
 3958  collected, according to:
 3959         1. An interlocal agreement between the county governing
 3960  authority and the governing bodies of the municipalities
 3961  representing a majority of the county’s municipal population,
 3962  which agreement may include a school district with the consent
 3963  of the county governing authority and the governing bodies of
 3964  the municipalities representing a majority of the county’s
 3965  municipal population; or
 3966         2. If there is no interlocal agreement, according to the
 3967  formula provided in s. 218.62.
 3968  
 3969  A Any change in the distribution formula shall take effect on
 3970  the first day of the any month that begins at least 60 days
 3971  after written notification of that change has been made to the
 3972  department.
 3973         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
 3974         (c) Pursuant to s. 212.054(4), the proceeds of the
 3975  discretionary sales surtax collected under this subsection, less
 3976  an administrative fee that may be retained by the Department of
 3977  Revenue, shall be distributed by the department to the county.
 3978  The county shall distribute the proceeds it receives from the
 3979  department to each local government entity providing emergency
 3980  fire rescue services in the county. The surtax proceeds, less an
 3981  administrative fee not to exceed 2 percent of the surtax
 3982  collected, shall be distributed by the county based on each
 3983  entity’s average annual expenditures for fire control and
 3984  emergency fire rescue services in the 5 fiscal years preceding
 3985  the fiscal year in which the surtax takes effect in proportion
 3986  to the average annual total of the expenditures for such
 3987  entities in the 5 fiscal years preceding the fiscal year in
 3988  which the surtax takes effect. The county shall revise the
 3989  distribution proportions to reflect a change in the service area
 3990  of an entity receiving a distribution of the surtax proceeds. If
 3991  an entity declines its share of surtax revenue, such revenue
 3992  shall be redistributed proportionally to the entities that are
 3993  participating in the sharing of such revenue based on each
 3994  participating entity’s average annual expenditures for fire
 3995  control and emergency fire rescue services in the preceding 5
 3996  fiscal years in proportion to the average annual total of the
 3997  expenditures for the participating entities in the preceding 5
 3998  fiscal years.
 3999         (g) Surtax collections shall be initiated on January 1 of
 4000  the year following a successful referendum in order to coincide
 4001  with s. 212.054(5).
 4002         Section 34. Subsection (3) of section 212.13, Florida
 4003  Statutes, is amended to read:
 4004         212.13 Records required to be kept; power to inspect; audit
 4005  procedure.—
 4006         (3) For the purpose of enforcing enforcement of this
 4007  chapter, a every manufacturer and seller of tangible personal
 4008  property or services licensed in within this state shall allow
 4009  is required to permit the department to examine his or her books
 4010  and records at all reasonable hours, and, upon his or her
 4011  refusal, the department may require him or her to permit such
 4012  examination by resort to the circuit courts of this state,
 4013  subject however to the right of removal of the cause to the
 4014  judicial circuit wherein such person’s business is located or
 4015  wherein such person’s books and records are kept if, provided
 4016  further that such person’s books and records are kept in within
 4017  the state. If When the dealer has made an allocation or
 4018  attribution pursuant to the definition of sales price in s.
 4019  212.02(16), the department may prescribe by rule the books and
 4020  records that must be made available during an audit of the
 4021  dealer’s books and records and examples of methods for
 4022  determining the reasonableness thereof. Books and records kept
 4023  in the regular course of business include, but are not limited
 4024  to, general ledgers, price lists, cost records, customer
 4025  billings, billing system reports, tariffs, and other regulatory
 4026  filings and rules of regulatory authorities. Such record may be
 4027  required to be made available to the department in an electronic
 4028  format when so kept by the dealer. The dealer may support the
 4029  allocation of charges with books and records kept in the regular
 4030  course of business covering the dealer’s entire service area,
 4031  including territories outside this state. During an audit, the
 4032  department may reasonably require production of any additional
 4033  books and records found necessary to assist in its
 4034  determination.
 4035         Section 35. Paragraph (a) of subsection (4) of section
 4036  212.14, Florida Statutes, is amended to read:
 4037         212.14 Departmental powers; hearings; distress warrants;
 4038  bonds; subpoenas and subpoenas duces tecum.—
 4039         (4) In all cases where it is necessary to ensure compliance
 4040  with this chapter, the department shall require a cash deposit,
 4041  bond, or other security as a condition to a person obtaining or
 4042  retaining a dealer’s certificate of registration under this
 4043  chapter. Such bond must be in the form and amount the department
 4044  deems appropriate under the particular circumstances. A person
 4045  failing to produce such cash deposit, bond, or other security is
 4046  not entitled to obtain or retain a dealer’s certificate of
 4047  registration under this chapter, and the Department of Legal
 4048  Affairs is hereby authorized to proceed by injunction, if
 4049  requested by the Department of Revenue, to prevent such person
 4050  from doing business subject to this chapter until such cash
 4051  deposit, bond, or other security is posted with the department,
 4052  and any temporary injunction for this purpose may be granted by
 4053  any judge or chancellor authorized by law to grant injunctions.
 4054  Any security required to be deposited may be sold by the
 4055  department at public sale if necessary in order to recover any
 4056  tax, interest, or penalty due. Notice of such sale may be served
 4057  personally or by mail upon the person who deposited the
 4058  security. If by mail, notice sent to the last known address as
 4059  it appears on the records of the department is sufficient for
 4060  the purpose of this requirement. Upon such sale, the surplus, if
 4061  any, above the amount due under this chapter shall be returned
 4062  to the person who deposited the security. The department may
 4063  adopt rules necessary to administer this subsection. For the
 4064  purpose of the cash deposit, bond, or other security required by
 4065  this subsection, the term “person” includes:
 4066         (a) The Those entities defined as a “person” listed in s.
 4067  212.02(12).
 4068         Section 36. Subsection (1) of section 212.15, Florida
 4069  Statutes, is amended to read:
 4070         212.15 Taxes declared state funds; penalties for failure to
 4071  remit taxes; due and delinquent dates; judicial review.—
 4072         (1) The taxes imposed by this chapter shall, except as
 4073  provided in s. 212.06(5)(a)2.e., become state funds upon, at the
 4074  moment of collection and are shall for each month be due to the
 4075  department on, the first day of the succeeding month and be
 4076  delinquent on the 21st day of such month. All returns postmarked
 4077  after the 20th day of such month are delinquent.
 4078         Section 37. Subsection (3) of section 213.015, Florida
 4079  Statutes, is amended to read:
 4080         213.015 Taxpayer rights.—There is created a Florida
 4081  Taxpayer’s Bill of Rights to guarantee that the rights, privacy,
 4082  and property of Florida taxpayers are adequately safeguarded and
 4083  protected during tax assessment, collection, and enforcement
 4084  processes administered under the revenue laws of this state. The
 4085  Taxpayer’s Bill of Rights compiles, in one document, brief but
 4086  comprehensive statements which explain, in simple, nontechnical
 4087  terms, the rights and obligations of the Department of Revenue
 4088  and taxpayers. Section 192.0105 provides additional rights
 4089  afforded to payors of property taxes and assessments. The rights
 4090  afforded taxpayers to ensure that their privacy and property are
 4091  safeguarded and protected during tax assessment and collection
 4092  are available only insofar as they are implemented in other
 4093  parts of the Florida Statutes or rules of the Department of
 4094  Revenue. The rights so guaranteed Florida taxpayers in the
 4095  Florida Statutes and the departmental rules are:
 4096         (3) The right to be represented or advised by counsel or
 4097  other qualified representatives at any time in administrative
 4098  interactions with the department, the right to procedural
 4099  safeguards with respect to recording of interviews during tax
 4100  determination or collection processes conducted by the
 4101  department, the right to be treated in a professional manner by
 4102  department personnel, and the right to have audits, inspections
 4103  of records, and interviews conducted at a reasonable time and
 4104  place except in criminal and internal investigations (see ss.
 4105  198.06, 199.218, 201.11(1), 203.02, 206.14, 211.125(3),
 4106  211.33(3), 212.0305(3), 212.12(5)(a), (6)(a), and (11) (13),
 4107  212.13(5), 213.05, 213.21(1)(a) and (c), and 213.34).
 4108         Section 38. Subsection (3) of section 218.245, Florida
 4109  Statutes, is amended to read:
 4110         218.245 Revenue sharing; apportionment.—
 4111         (3) Revenues attributed to the increase in distribution to
 4112  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
 4113  212.20(5)(d)5. s. 212.20(6)(d)5. from 1.0715 percent to 1.3409
 4114  percent provided in chapter 2003-402, Laws of Florida, shall be
 4115  distributed to each eligible municipality and any unit of local
 4116  government that is consolidated as provided by s. 9, Art. VIII
 4117  of the State Constitution of 1885, as preserved by s. 6(e), Art.
 4118  VIII, 1968 revised constitution, as follows: each eligible local
 4119  government’s allocation shall be based on the amount it received
 4120  from the half-cent sales tax under s. 218.61 in the prior state
 4121  fiscal year divided by the total receipts under s. 218.61 in the
 4122  prior state fiscal year for all eligible local governments.
 4123  However, for the purpose of calculating this distribution, the
 4124  amount received from the half-cent sales tax under s. 218.61 in
 4125  the prior state fiscal year by a unit of local government which
 4126  is consolidated as provided by s. 9, Art. VIII of the State
 4127  Constitution of 1885, as amended, and as preserved by s. 6(e),
 4128  Art. VIII, of the Constitution as revised in 1968, shall be
 4129  reduced by 50 percent for such local government and for the
 4130  total receipts. For eligible municipalities that began
 4131  participating in the allocation of half-cent sales tax under s.
 4132  218.61 in the previous state fiscal year, their annual receipts
 4133  shall be calculated by dividing their actual receipts by the
 4134  number of months they participated, and the result multiplied by
 4135  12.
 4136         Section 39. Subsections (5), (6), and (7) of section
 4137  218.65, Florida Statutes, are amended to read:
 4138         218.65 Emergency distribution.—
 4139         (5) At the beginning of each fiscal year, the Department of
 4140  Revenue shall calculate a base allocation for each eligible
 4141  county equal to the difference between the current per capita
 4142  limitation times the county’s population, minus prior year
 4143  ordinary distributions to the county pursuant to ss.
 4144  212.20(5)(d)2. ss. 212.20(6)(d)2., 218.61, and 218.62. If moneys
 4145  deposited into the Local Government Half-cent Sales Tax Clearing
 4146  Trust Fund pursuant to s. 212.20(5)(d)3. s. 212.20(6)(d)3.,
 4147  excluding moneys appropriated for supplemental distributions
 4148  pursuant to subsection (8), for the current year are less than
 4149  or equal to the sum of the base allocations, each eligible
 4150  county must shall receive a share of the appropriated amount
 4151  proportional to its base allocation. If the deposited amount
 4152  exceeds the sum of the base allocations, each county must shall
 4153  receive its base allocation, and the excess appropriated amount,
 4154  less any amounts distributed under subsection (6), shall be
 4155  distributed equally on a per capita basis among the eligible
 4156  counties.
 4157         (6) If moneys deposited in the Local Government Half-cent
 4158  Sales Tax Clearing Trust Fund pursuant to s. 212.20(5)(d)3. s.
 4159  212.20(6)(d)3. exceed the amount necessary to provide the base
 4160  allocation to each eligible county, the moneys in the trust fund
 4161  may be used to provide a transitional distribution, as specified
 4162  in this subsection, to certain counties whose population has
 4163  increased. The transitional distribution shall be made available
 4164  to each county that qualified for a distribution under
 4165  subsection (2) in the prior year but does not, because of the
 4166  requirements of paragraph (2)(a), qualify for a distribution in
 4167  the current year. Beginning on July 1 of the year following the
 4168  year in which the county no longer qualifies for a distribution
 4169  under subsection (2), the county shall receive two-thirds of the
 4170  amount received in the prior year, and beginning July 1 of the
 4171  second year following the year in which the county no longer
 4172  qualifies for a distribution under subsection (2), the county
 4173  shall receive one-third of the amount it received in the last
 4174  year it qualified for the distribution under subsection (2). If
 4175  insufficient moneys are available in the Local Government Half
 4176  cent Sales Tax Clearing Trust Fund to fully provide such a
 4177  transitional distribution to each county that meets the
 4178  eligibility criteria in this section, each eligible county shall
 4179  receive a share of the available moneys proportional to the
 4180  amount it would have received had moneys been sufficient to
 4181  fully provide such a transitional distribution to each eligible
 4182  county.
 4183         (7) The distribution provided in s. 212.20(5)(d)3. There is
 4184  hereby annually appropriated from the Local Government Half-cent
 4185  Sales Tax Clearing Trust Fund the distribution provided in s.
 4186  212.20(6)(d)3. to be used for emergency and supplemental
 4187  distributions pursuant to this section.
 4188         Section 40. Paragraph (q) of subsection (1) of section
 4189  288.1045, Florida Statutes, is amended to read:
 4190         288.1045 Qualified defense contractor and space flight
 4191  business tax refund program.—
 4192         (1) DEFINITIONS.—As used in this section:
 4193         (q) “Space flight business” means the manufacturing,
 4194  processing, or assembly of space flight technology products,
 4195  space flight facilities, space flight propulsion systems, or
 4196  space vehicles, satellites, or stations of any kind possessing
 4197  the capability for space flight, as defined by s. 212.02(23), or
 4198  components thereof, and includes, in supporting space flight,
 4199  vehicle launch activities, flight operations, ground control or
 4200  ground support, and all administrative activities directly
 4201  related to such activities. The term does not include products
 4202  that are designed or manufactured for general commercial
 4203  aviation or other uses even if those products may also serve an
 4204  incidental use in space flight applications.
 4205         Section 41. Paragraphs (a) and (d) of subsection (3) of
 4206  section 288.11621, Florida Statutes, are amended to read:
 4207         288.11621 Spring training baseball franchises.—
 4208         (3) USE OF FUNDS.—
 4209         (a) A certified applicant may use funds provided under s.
 4210  212.20(5)(d)6.b. s. 212.20(6)(d)6.b. only to:
 4211         1. Serve the public purpose of acquiring, constructing,
 4212  reconstructing, or renovating a facility for a spring training
 4213  franchise.
 4214         2. Pay or pledge for the payment of debt service on, or to
 4215  fund debt service reserve funds, arbitrage rebate obligations,
 4216  or other amounts payable with respect thereto, bonds issued for
 4217  the acquisition, construction, reconstruction, or renovation of
 4218  such facility, or for the reimbursement of such costs or the
 4219  refinancing of bonds issued for such purposes.
 4220         3. Assist in the relocation of a spring training franchise
 4221  from one unit of local government to another only if the
 4222  governing board of the current host local government by a
 4223  majority vote agrees to relocation.
 4224         (d)1. All certified applicants must place unexpended state
 4225  funds received pursuant to s. 212.20(5)(d)6.b. s.
 4226  212.20(6)(d)6.b. in a trust fund or separate account for use
 4227  only as authorized in this section.
 4228         2. A certified applicant may request that the Department of
 4229  Revenue suspend further distributions of state funds made
 4230  available under s. 212.20(5)(d)6.b. s. 212.20(6)(d)6.b. for 12
 4231  months after expiration of an existing agreement with a spring
 4232  training franchise to provide the certified applicant with an
 4233  opportunity to enter into a new agreement with a spring training
 4234  franchise, at which time the distributions shall resume.
 4235         3. The expenditure of state funds distributed to an
 4236  applicant certified before July 1, 2010, must begin within 48
 4237  months after the initial receipt of the state funds. In
 4238  addition, the construction of, or capital improvements to, a
 4239  spring training facility must be completed within 24 months
 4240  after the project’s commencement.
 4241         Section 42. Subsections (1) and (3), paragraph (a) of
 4242  subsection (5), and paragraph (e) of subsection (7) of section
 4243  288.11625, Florida Statutes, are amended to read:
 4244         288.11625 Sports development.—
 4245         (1) ADMINISTRATION.—The department shall serve as the state
 4246  agency responsible for screening applicants for state funding
 4247  under s. 212.20(5)(d)6.f. s. 212.20(6)(d)6.f.
 4248         (3) PURPOSE.—The purpose of this section is to provide
 4249  applicants state funding under s. 212.20(5)(d)6.f. s.
 4250  212.20(6)(d)6.f. for the public purpose of constructing,
 4251  reconstructing, renovating, or improving a facility.
 4252         (5) EVALUATION PROCESS.—
 4253         (a) Before recommending an applicant to receive a state
 4254  distribution under s. 212.20(5)(d)6.f. s. 212.20(6)(d)6.f., the
 4255  department must verify that:
 4256         1. The applicant or beneficiary is responsible for the
 4257  construction, reconstruction, renovation, or improvement of a
 4258  facility and obtained at least three bids for the project.
 4259         2. If the applicant is not a unit of local government, a
 4260  unit of local government holds title to the property on which
 4261  the facility and project are, or will be, located.
 4262         3. If the applicant is a unit of local government in whose
 4263  jurisdiction the facility is, or will be, located, the unit of
 4264  local government has an exclusive intent agreement to negotiate
 4265  in this state with the beneficiary.
 4266         4. A unit of local government in whose jurisdiction the
 4267  facility is, or will be, located supports the application for
 4268  state funds. Such support must be verified by the adoption of a
 4269  resolution, after a public hearing, that the project serves a
 4270  public purpose.
 4271         5. The applicant or beneficiary has not previously
 4272  defaulted or failed to meet any statutory requirements of a
 4273  previous state-administered sports-related program under s.
 4274  288.1162, s. 288.11621, s. 288.11631, or this section.
 4275  Additionally, the applicant or beneficiary is not currently
 4276  receiving state distributions under s. 212.20 for the facility
 4277  that is the subject of the application, unless the applicant
 4278  demonstrates that the franchise that applied for a distribution
 4279  under s. 212.20 no longer plays at the facility that is the
 4280  subject of the application.
 4281         6. The applicant or beneficiary has sufficiently
 4282  demonstrated a commitment to employ residents of this state,
 4283  contract with Florida-based firms, and purchase locally
 4284  available building materials to the greatest extent possible.
 4285         7. If the applicant is a unit of local government, the
 4286  applicant has a certified copy of a signed agreement with a
 4287  beneficiary for the use of the facility. If the applicant is a
 4288  beneficiary, the beneficiary must enter into an agreement with
 4289  the department. The applicant’s or beneficiary’s agreement must
 4290  also require the following:
 4291         a. The beneficiary must reimburse the state for state funds
 4292  that will be distributed if the beneficiary relocates or no
 4293  longer occupies or uses the facility as the facility’s primary
 4294  tenant before the agreement expires. Reimbursements must be sent
 4295  to the Department of Revenue for deposit into the General
 4296  Revenue Fund.
 4297         b. The beneficiary must pay for signage or advertising
 4298  within the facility. The signage or advertising must be placed
 4299  in a prominent location as close to the field of play or
 4300  competition as is practicable, must be displayed consistent with
 4301  signage or advertising in the same location and of like value,
 4302  and must feature Florida advertising approved by the Florida
 4303  Tourism Industry Marketing Corporation.
 4304         8. The project will commence within 12 months after
 4305  receiving state funds or did not commence before January 1,
 4306  2013.
 4307         (7) CONTRACT.—An applicant approved by the Legislature and
 4308  certified by the department must enter into a contract with the
 4309  department which:
 4310         (e) Requires the applicant to reimburse the state by
 4311  electing to do one of the following:
 4312         1. After all distributions have been made, reimburse at the
 4313  end of the contract term any amount by which the total
 4314  distributions made under s. 212.20(5)(d)6.f. s. 212.20(6)(d)6.f.
 4315  exceed actual new incremental state sales taxes generated by
 4316  sales at the facility during the contract, plus a 5 percent
 4317  penalty on that amount.
 4318         2. After the applicant begins to submit the independent
 4319  analysis under paragraph (c), reimburse each year any amount by
 4320  which the previous year’s annual distribution exceeds 75 percent
 4321  of the actual new incremental state sales taxes generated by
 4322  sales at the facility.
 4323  
 4324  Any reimbursement due to the state must be made within 90 days
 4325  after the applicable distribution under this paragraph. If the
 4326  applicant is unable or unwilling to reimburse the state for such
 4327  amount, the department may place a lien on the applicant’s
 4328  facility. If the applicant is a municipality or county, it may
 4329  reimburse the state from its half-cent sales tax allocation, as
 4330  provided in s. 218.64(3). Reimbursements must be sent to the
 4331  Department of Revenue for deposit into the General Revenue Fund.
 4332         Section 43. Paragraph (c) of subsection (2) and paragraphs
 4333  (a), (c), and (d) of subsection (3) of section 288.11631,
 4334  Florida Statutes, are amended to read:
 4335         288.11631 Retention of Major League Baseball spring
 4336  training baseball franchises.—
 4337         (2) CERTIFICATION PROCESS.—
 4338         (c) Each applicant certified on or after July 1, 2013,
 4339  shall enter into an agreement with the department which:
 4340         1. Specifies the amount of the state incentive funding to
 4341  be distributed. The amount of state incentive funding per
 4342  certified applicant may not exceed $20 million. However, if a
 4343  certified applicant’s facility is used by more than one spring
 4344  training franchise, the maximum amount may not exceed $50
 4345  million, and the Department of Revenue shall make distributions
 4346  to the applicant pursuant to s. 212.20(5)(d)6.e. s.
 4347  212.20(6)(d)6.e.
 4348         2. States the criteria that the certified applicant must
 4349  meet in order to remain certified. These criteria must include a
 4350  provision stating that the spring training franchise must
 4351  reimburse the state for any funds received if the franchise does
 4352  not comply with the terms of the contract. If bonds were issued
 4353  to construct or renovate a facility for a spring training
 4354  franchise, the required reimbursement must be equal to the total
 4355  amount of state distributions expected to be paid from the date
 4356  the franchise violates the agreement with the applicant through
 4357  the final maturity of the bonds.
 4358         3. States that the certified applicant is subject to
 4359  decertification if the certified applicant fails to comply with
 4360  this section or the agreement.
 4361         4. States that the department may recover state incentive
 4362  funds if the certified applicant is decertified.
 4363         5. Specifies the information that the certified applicant
 4364  must report to the department.
 4365         6. Includes any provision deemed prudent by the department.
 4366         (3) USE OF FUNDS.—
 4367         (a) A certified applicant may use funds provided under s.
 4368  212.20(5)(d)6.e. s. 212.20(6)(d)6.e. only to:
 4369         1. Serve the public purpose of constructing or renovating a
 4370  facility for a spring training franchise.
 4371         2. Pay or pledge for the payment of debt service on, or to
 4372  fund debt service reserve funds, arbitrage rebate obligations,
 4373  or other amounts payable with respect thereto, bonds issued for
 4374  the construction or renovation of such facility, or for the
 4375  reimbursement of such costs or the refinancing of bonds issued
 4376  for such purposes.
 4377         (c) The Department of Revenue may not distribute funds
 4378  under s. 212.20(5)(d)6.e. s. 212.20(6)(d)6.e. until July 1,
 4379  2016. Further, the Department of Revenue may not distribute
 4380  funds to an applicant certified on or after July 1, 2013, until
 4381  it receives notice from the department that:
 4382         1. The certified applicant has encumbered funds under
 4383  either subparagraph (a)1. or subparagraph (a)2.; and
 4384         2. If applicable, any existing agreement with a spring
 4385  training franchise for the use of a facility has expired.
 4386         (d)1. All certified applicants shall place unexpended state
 4387  funds received pursuant to s. 212.20(5)(d)6.e. s.
 4388  212.20(6)(d)6.e. in a trust fund or separate account for use
 4389  only as authorized in this section.
 4390         2. A certified applicant may request that the department
 4391  notify the Department of Revenue to suspend further
 4392  distributions of state funds made available under s.
 4393  212.20(5)(d)6.e. s. 212.20(6)(d)6.e. for 12 months after
 4394  expiration of an existing agreement with a spring training
 4395  franchise to provide the certified applicant with an opportunity
 4396  to enter into a new agreement with a spring training franchise,
 4397  at which time the distributions shall resume.
 4398         3. The expenditure of state funds distributed to an
 4399  applicant certified after July 1, 2013, must begin within 48
 4400  months after the initial receipt of the state funds. In
 4401  addition, the construction or renovation of a spring training
 4402  facility must be completed within 24 months after the project’s
 4403  commencement.
 4404         Section 44. Subsection (6) of section 288.1169, Florida
 4405  Statutes, is amended to read:
 4406         288.1169 International Game Fish Association World Center
 4407  facility.—
 4408         (6) The department shall must recertify every 10 years that
 4409  the facility is open, that the International Game Fish
 4410  Association World Center continues to be the only international
 4411  administrative headquarters, fishing museum, and Hall of Fame in
 4412  the United States recognized by the International Game Fish
 4413  Association, and that the project is meeting the minimum
 4414  projections for attendance or sales tax revenues as required at
 4415  the time of original certification. If the facility is not
 4416  recertified during this 10-year review as meeting the minimum
 4417  projections, then funding shall be abated until the
 4418  certification criteria are met. If the project fails to generate
 4419  $1 million of annual revenues pursuant to paragraph (2)(e), the
 4420  distribution of revenues pursuant to s. 212.20(5)(d)6.d. s.
 4421  212.20(6)(d)6.d. shall be reduced to an amount equal to $83,333
 4422  multiplied by a fraction, the numerator of which is the actual
 4423  revenues generated and the denominator of which is $1 million.
 4424  Such reduction remains in effect until revenues generated by the
 4425  project in a 12-month period equal or exceed $1 million.
 4426         Section 45. Subsection (8) of section 551.102, Florida
 4427  Statutes, is amended to read:
 4428         551.102 Definitions.—As used in this chapter, the term:
 4429         (8) “Slot machine” means a any mechanical or electrical
 4430  contrivance, terminal that may or may not be capable of
 4431  downloading slot games from a central server system, machine, or
 4432  other device that, upon insertion of a coin, bill, ticket,
 4433  token, or similar object or upon payment of any consideration
 4434  whatsoever, including the use of an any electronic payment
 4435  system except a credit card or debit card, is available to play
 4436  or operate, the play or operation of which, whether by reason of
 4437  skill or application of the element of chance or both, may
 4438  deliver or entitle the person or persons playing or operating
 4439  the contrivance, terminal, machine, or other device to receive
 4440  cash, billets, tickets, tokens, or electronic credits to be
 4441  exchanged for cash or to receive merchandise or anything of
 4442  value whatsoever, whether the payoff is made automatically from
 4443  the machine or manually. The term includes associated equipment
 4444  necessary to conduct the operation of the contrivance, terminal,
 4445  machine, or other device. Slot machines may use spinning reels,
 4446  video displays, or both. A slot machine is not a coin-operated
 4447  amusement machine as defined in s. 212.02(24) or an amusement
 4448  game or machine as described in s. 546.10, and is slot machines
 4449  are not subject to the tax imposed by s. 212.05(1)(h).
 4450         Section 46. Paragraph (a) of subsection (1) of section
 4451  790.0655, Florida Statutes, is amended to read:
 4452         790.0655 Purchase and delivery of handguns; mandatory
 4453  waiting period; exceptions; penalties.—
 4454         (1)(a) There is shall be a mandatory 3-day waiting period,
 4455  which shall be 3 days, excluding weekends and legal holidays,
 4456  between the purchase and the delivery at retail of a any
 4457  handgun. The term “purchase” means the transfer of money or
 4458  other valuable consideration to the retailer. The term “handgun”
 4459  means a firearm capable of being carried and used by one hand,
 4460  such as a pistol or revolver. The term “retailer” means and
 4461  includes every person engaged in has the meaning ascribed
 4462  business of making sales at retail or for distribution, or use,
 4463  or consumption, or storage to be used or consumed in this state,
 4464  as defined in s. 212.02(13).
 4465         Section 47. For the purpose of incorporating the amendment
 4466  made by this act to section 212.05, Florida Statutes, in a
 4467  reference thereto, paragraph (v) of subsection (7) of section
 4468  212.08, Florida Statutes, is reenacted to read:
 4469         212.08 Sales, rental, use, consumption, distribution, and
 4470  storage tax; specified exemptions.—The sale at retail, the
 4471  rental, the use, the consumption, the distribution, and the
 4472  storage to be used or consumed in this state of the following
 4473  are hereby specifically exempt from the tax imposed by this
 4474  chapter.
 4475         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 4476  entity by this chapter do not inure to any transaction that is
 4477  otherwise taxable under this chapter when payment is made by a
 4478  representative or employee of the entity by any means,
 4479  including, but not limited to, cash, check, or credit card, even
 4480  when that representative or employee is subsequently reimbursed
 4481  by the entity. In addition, exemptions provided to any entity by
 4482  this subsection do not inure to any transaction that is
 4483  otherwise taxable under this chapter unless the entity has
 4484  obtained a sales tax exemption certificate from the department
 4485  or the entity obtains or provides other documentation as
 4486  required by the department. Eligible purchases or leases made
 4487  with such a certificate must be in strict compliance with this
 4488  subsection and departmental rules, and any person who makes an
 4489  exempt purchase with a certificate that is not in strict
 4490  compliance with this subsection and the rules is liable for and
 4491  shall pay the tax. The department may adopt rules to administer
 4492  this subsection.
 4493         (v) Professional services.—
 4494         1. Also exempted are professional, insurance, or personal
 4495  service transactions that involve sales as inconsequential
 4496  elements for which no separate charges are made.
 4497         2. The personal service transactions exempted pursuant to
 4498  subparagraph 1. do not exempt the sale of information services
 4499  involving the furnishing of printed, mimeographed, or
 4500  multigraphed matter, or matter duplicating written or printed
 4501  matter in any other manner, other than professional services and
 4502  services of employees, agents, or other persons acting in a
 4503  representative or fiduciary capacity or information services
 4504  furnished to newspapers and radio and television stations. As
 4505  used in this subparagraph, the term “information services”
 4506  includes the services of collecting, compiling, or analyzing
 4507  information of any kind or nature and furnishing reports thereof
 4508  to other persons.
 4509         3. This exemption does not apply to any service warranty
 4510  transaction taxable under s. 212.0506.
 4511         4. This exemption does not apply to any service transaction
 4512  taxable under s. 212.05(1)(i).
 4513         Section 48. For the purpose of incorporating the amendment
 4514  made by this act to section 212.0506, Florida Statutes, in a
 4515  reference thereto, section 634.131, Florida Statutes, is
 4516  reenacted to read:
 4517         634.131 Tax on premiums and assessments.—Premiums and
 4518  assessments received by insurers or service agreement companies
 4519  and taxed under this section are not subject to any premium tax
 4520  provided for in the Florida Insurance Code. However, the gross
 4521  amount of such premiums and assessments is subject to the sales
 4522  tax imposed by s. 212.0506.
 4523         Section 49. For the purpose of incorporating the amendment
 4524  made by this act to section 212.0506, Florida Statutes, in a
 4525  reference thereto, subsection (2) of section 634.415, Florida
 4526  Statutes, is reenacted to read:
 4527         634.415 Tax on premiums; annual statement; reports.—
 4528         (2) The gross amount of premiums and assessments is subject
 4529  to the sales tax imposed by s. 212.0506.
 4530         Section 50. For the purpose of incorporating the amendment
 4531  made by this act to section 212.054, Florida Statutes, in a
 4532  reference thereto, paragraphs (a) and (c) of subsection (3) of
 4533  section 202.18, Florida Statutes, are reenacted to read:
 4534         202.18 Allocation and disposition of tax proceeds.—The
 4535  proceeds of the communications services taxes remitted under
 4536  this chapter shall be treated as follows:
 4537         (3)(a) Notwithstanding any law to the contrary, the
 4538  proceeds of each local communications services tax levied by a
 4539  municipality or county pursuant to s. 202.19(1) or s. 202.20(1),
 4540  less the department’s costs of administration, shall be
 4541  transferred to the Local Communications Services Tax Clearing
 4542  Trust Fund and held there to be distributed to such municipality
 4543  or county. However, the proceeds of any communications services
 4544  tax imposed pursuant to s. 202.19(5) shall be deposited and
 4545  disbursed in accordance with ss. 212.054 and 212.055. For
 4546  purposes of this section, the proceeds of any tax levied by a
 4547  municipality, county, or school board under s. 202.19(1) or s.
 4548  202.20(1) are all funds collected and received by the department
 4549  pursuant to a specific levy authorized by such sections,
 4550  including any interest and penalties attributable to the tax
 4551  levy.
 4552         (c)1. Except as otherwise provided in this paragraph,
 4553  proceeds of the taxes levied pursuant to s. 202.19, less amounts
 4554  deducted for costs of administration in accordance with
 4555  paragraph (b), shall be distributed monthly to the appropriate
 4556  jurisdictions. The proceeds of taxes imposed pursuant to s.
 4557  202.19(5) shall be distributed in the same manner as
 4558  discretionary surtaxes are distributed, in accordance with ss.
 4559  212.054 and 212.055.
 4560         2. The department shall make any adjustments to the
 4561  distributions pursuant to this section which are necessary to
 4562  reflect the proper amounts due to individual jurisdictions or
 4563  trust funds. In the event that the department adjusts amounts
 4564  due to reflect a correction in the situsing of a customer, such
 4565  adjustment shall be limited to the amount of tax actually
 4566  collected from such customer by the dealer of communication
 4567  services.
 4568         3.a. Adjustments in distributions which are necessary to
 4569  correct misallocations between jurisdictions shall be governed
 4570  by this subparagraph. If the department determines that
 4571  misallocations between jurisdictions occurred, it shall provide
 4572  written notice of such determination to all affected
 4573  jurisdictions. The notice shall include the amount of the
 4574  misallocations, the basis upon which the determination was made,
 4575  data supporting the determination, and the identity of each
 4576  affected jurisdiction. The notice shall also inform all affected
 4577  jurisdictions of their authority to enter into a written
 4578  agreement establishing a method of adjustment as described in
 4579  sub-subparagraph c.
 4580         b. An adjustment affecting a distribution to a jurisdiction
 4581  which is less than 90 percent of the average monthly
 4582  distribution to that jurisdiction for the 6 months immediately
 4583  preceding the department’s determination, as reported by all
 4584  communications services dealers, shall be made in the month
 4585  immediately following the department’s determination that
 4586  misallocations occurred.
 4587         c. If an adjustment affecting a distribution to a
 4588  jurisdiction equals or exceeds 90 percent of the average monthly
 4589  distribution to that jurisdiction for the 6 months immediately
 4590  preceding the department’s determination, as reported by all
 4591  communications services dealers, the affected jurisdictions may
 4592  enter into a written agreement establishing a method of
 4593  adjustment. If the agreement establishing a method of adjustment
 4594  provides for payments of local communications services tax
 4595  monthly distributions, the amount of any such payment agreed to
 4596  may not exceed the local communications services tax monthly
 4597  distributions available to the jurisdiction that was allocated
 4598  amounts in excess of those to which it was entitled. If affected
 4599  jurisdictions execute a written agreement specifying a method of
 4600  adjustment, a copy of the written agreement shall be provided to
 4601  the department no later than the first day of the month
 4602  following 90 days after the date the department transmits notice
 4603  of the misallocation. If the department does not receive a copy
 4604  of the written agreement within the specified time period, an
 4605  adjustment affecting a distribution to a jurisdiction made
 4606  pursuant to this sub-subparagraph shall be prorated over a time
 4607  period that equals the time period over which the misallocations
 4608  occurred.
 4609         Section 51. For the purpose of incorporating the amendment
 4610  made by this act to section 212.054, Florida Statutes, in a
 4611  reference thereto, subsection (3) of section 202.20, Florida
 4612  Statutes, is reenacted to read:
 4613         202.20 Local communications services tax conversion rates.—
 4614         (3) For any county or school board that levies a
 4615  discretionary surtax under s. 212.055, the rate of such tax on
 4616  communications services as authorized by s. 202.19(5) shall be
 4617  as follows:
 4618  
 4619  County        .5% Discretionary surtax conversion rates1% Discretionary surtax conversion rates1.5% Discretionary surtax conversion rates
 4620  
 4621  Alachua       0.3%           0.6%           0.8%                   
 4622  Baker         0.3%           0.5%           0.8%                   
 4623  Bay           0.3%           0.5%           0.8%                   
 4624  Bradford      0.3%           0.6%           0.8%                   
 4625  Brevard       0.3%           0.6%           0.9%                   
 4626  Broward       0.3%           0.5%           0.8%                   
 4627  Calhoun       0.3%           0.5%           0.8%                   
 4628  Charlotte     0.3%           0.6%           0.9%                   
 4629  Citrus        0.3%           0.6%           0.9%                   
 4630  Clay          0.3%           0.6%           0.8%                   
 4631  Collier       0.4%           0.7%           1.0%                   
 4632  Columbia      0.3%           0.6%           0.9%                   
 4633  Desoto        0.3%           0.6%           0.8%                   
 4634  Dixie         0.3%           0.5%           0.8%                   
 4635  Duval         0.3%           0.6%           0.8%                   
 4636  Escambia      0.3%           0.6%           0.9%                   
 4637  Flagler       0.4%           0.7%           1.0%                   
 4638  Franklin      0.3%           0.6%           0.9%                   
 4639  Gadsden       0.3%           0.5%           0.8%                   
 4640  Gilchrist     0.3%           0.5%           0.7%                   
 4641  Glades        0.3%           0.6%           0.8%                   
 4642  Gulf          0.3%           0.5%           0.8%                   
 4643  Hamilton      0.3%           0.6%           0.8%                   
 4644  Hardee        0.3%           0.5%           0.8%                   
 4645  Hendry        0.3%           0.6%           0.9%                   
 4646  Hernando      0.3%           0.6%           0.9%                   
 4647  Highlands     0.3%           0.6%           0.9%                   
 4648  Hillsborough  0.3%           0.6%           0.8%                   
 4649  Holmes        0.3%           0.6%           0.8%                   
 4650  Indian River  0.3%           0.6%           0.9%                   
 4651  Jackson       0.3%           0.5%           0.7%                   
 4652  Jefferson     0.3%           0.5%           0.8%                   
 4653  Lafayette     0.3%           0.5%           0.7%                   
 4654  Lake          0.3%           0.6%           0.9%                   
 4655  Lee           0.3%           0.6%           0.9%                   
 4656  Leon          0.3%           0.6%           0.8%                   
 4657  Levy          0.3%           0.5%           0.8%                   
 4658  Liberty       0.3%           0.6%           0.8%                   
 4659  Madison       0.3%           0.5%           0.8%                   
 4660  Manatee       0.3%           0.6%           0.8%                   
 4661  Marion        0.3%           0.5%           0.8%                   
 4662  Martin        0.3%           0.6%           0.8%                   
 4663  Miami-Dade    0.3%           0.5%           0.8%                   
 4664  Monroe        0.3%           0.6%           0.9%                   
 4665  Nassau        0.3%           0.6%           0.8%                   
 4666  Okaloosa      0.3%           0.6%           0.8%                   
 4667  Okeechobee    0.3%           0.6%           0.9%                   
 4668  Orange        0.3%           0.5%           0.8%                   
 4669  Osceola       0.3%           0.5%           0.8%                   
 4670  Palm Beach    0.3%           0.6%           0.8%                   
 4671  Pasco         0.3%           0.6%           0.9%                   
 4672  Pinellas      0.3%           0.6%           0.9%                   
 4673  Polk          0.3%           0.6%           0.8%                   
 4674  Putnam        0.3%           0.6%           0.8%                   
 4675  St. Johns     0.3%           0.6%           0.8%                   
 4676  St. Lucie     0.3%           0.6%           0.8%                   
 4677  Santa Rosa    0.3%           0.6%           0.9%                   
 4678  Sarasota      0.3%           0.6%           0.9%                   
 4679  Seminole      0.3%           0.6%           0.8%                   
 4680  Sumter        0.3%           0.5%           0.8%                   
 4681  Suwannee      0.3%           0.6%           0.8%                   
 4682  Taylor        0.3%           0.6%           0.9%                   
 4683  Union         0.3%           0.5%           0.8%                   
 4684  Volusia       0.3%           0.6%           0.8%                   
 4685  Wakulla       0.3%           0.6%           0.9%                   
 4686  Walton        0.3%           0.6%           0.9%                   
 4687  Washington    0.3%           0.5%           0.8%                   
 4688  
 4689  The discretionary surtax conversion rate with respect to
 4690  communications services reflected on bills dated on or after
 4691  October 1, 2001, shall take effect without any further action by
 4692  a county or school board that has levied a surtax on or before
 4693  October 1, 2001. For a county or school board that levies a
 4694  surtax subsequent to October 1, 2001, the discretionary surtax
 4695  conversion rate with respect to communications services shall
 4696  take effect upon the effective date of the surtax as provided in
 4697  s. 212.054. The discretionary sales surtax rate on
 4698  communications services for a county or school board levying a
 4699  combined rate which is not listed in the table provided by this
 4700  subsection shall be calculated by averaging or adding the
 4701  appropriate rates from the table and rounding up to the nearest
 4702  tenth of a percent.
 4703         Section 52. For the purpose of incorporating the amendment
 4704  made by this act to section 212.054, Florida Statutes, in
 4705  references thereto, paragraph (a) of subsection (4), paragraph
 4706  (a) of subsection (8), and subsection (9) of section 212.08,
 4707  Florida Statutes, are reenacted to read:
 4708         212.08 Sales, rental, use, consumption, distribution, and
 4709  storage tax; specified exemptions.—The sale at retail, the
 4710  rental, the use, the consumption, the distribution, and the
 4711  storage to be used or consumed in this state of the following
 4712  are hereby specifically exempt from the tax imposed by this
 4713  chapter.
 4714         (4) EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC.—
 4715         (a) Also exempt are:
 4716         1. Water delivered to the purchaser through pipes or
 4717  conduits or delivered for irrigation purposes. The sale of
 4718  drinking water in bottles, cans, or other containers, including
 4719  water that contains minerals or carbonation in its natural state
 4720  or water to which minerals have been added at a water treatment
 4721  facility regulated by the Department of Environmental Protection
 4722  or the Department of Health, is exempt. This exemption does not
 4723  apply to the sale of drinking water in bottles, cans, or other
 4724  containers if carbonation or flavorings, except those added at a
 4725  water treatment facility, have been added. Water that has been
 4726  enhanced by the addition of minerals and that does not contain
 4727  any added carbonation or flavorings is also exempt.
 4728         2. All fuels used by a public or private utility, including
 4729  any municipal corporation or rural electric cooperative
 4730  association, in the generation of electric power or energy for
 4731  sale. Fuel other than motor fuel and diesel fuel is taxable as
 4732  provided in this chapter with the exception of fuel expressly
 4733  exempt herein. Natural gas and natural gas fuel as defined in s.
 4734  206.9951(2) are exempt from the tax imposed by this chapter when
 4735  placed into the fuel supply system of a motor vehicle. Effective
 4736  July 1, 2013, natural gas used to generate electricity in a non
 4737  combustion fuel cell used in stationary equipment is exempt from
 4738  the tax imposed by this chapter. Motor fuels and diesel fuels
 4739  are taxable as provided in chapter 206, with the exception of
 4740  those motor fuels and diesel fuels used by railroad locomotives
 4741  or vessels to transport persons or property in interstate or
 4742  foreign commerce, which are taxable under this chapter only to
 4743  the extent provided herein. The basis of the tax shall be the
 4744  ratio of intrastate mileage to interstate or foreign mileage
 4745  traveled by the carrier’s railroad locomotives or vessels that
 4746  were used in interstate or foreign commerce and that had at
 4747  least some Florida mileage during the previous fiscal year of
 4748  the carrier, such ratio to be determined at the close of the
 4749  fiscal year of the carrier. However, during the fiscal year in
 4750  which the carrier begins its initial operations in this state,
 4751  the carrier’s mileage apportionment factor may be determined on
 4752  the basis of an estimated ratio of anticipated miles in this
 4753  state to anticipated total miles for that year, and
 4754  subsequently, additional tax shall be paid on the motor fuel and
 4755  diesel fuels, or a refund may be applied for, on the basis of
 4756  the actual ratio of the carrier’s railroad locomotives’ or
 4757  vessels’ miles in this state to its total miles for that year.
 4758  This ratio shall be applied each month to the total Florida
 4759  purchases made in this state of motor and diesel fuels to
 4760  establish that portion of the total used and consumed in
 4761  intrastate movement and subject to tax under this chapter. The
 4762  basis for imposition of any discretionary surtax shall be set
 4763  forth in s. 212.054. Fuels used exclusively in intrastate
 4764  commerce do not qualify for the proration of tax.
 4765         3. The transmission or wheeling of electricity.
 4766         4. Dyed diesel fuel placed into the storage tank of a
 4767  vessel used exclusively for the commercial fishing and
 4768  aquacultural purposes listed in s. 206.41(4)(c)3.
 4769         (8) PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE OR
 4770  FOREIGN COMMERCE.—
 4771         (a) The sale or use of vessels and parts thereof used to
 4772  transport persons or property in interstate or foreign commerce,
 4773  including commercial fishing vessels, is subject to the taxes
 4774  imposed in this chapter only to the extent provided herein. The
 4775  basis of the tax shall be the ratio of intrastate mileage to
 4776  interstate or foreign mileage traveled by the carrier’s vessels
 4777  which were used in interstate or foreign commerce and which had
 4778  at least some Florida mileage during the previous fiscal year.
 4779  The ratio would be determined at the close of the carrier’s
 4780  fiscal year. However, during the fiscal year in which the vessel
 4781  begins its initial operations in this state, the vessel’s
 4782  mileage apportionment factor may be determined on the basis of
 4783  an estimated ratio of anticipated miles in this state to
 4784  anticipated total miles for that year and, subsequently,
 4785  additional tax shall be paid on the vessel, or a refund may be
 4786  applied for, on the basis of the actual ratio of the vessel’s
 4787  miles in this state to its total miles for that year. This ratio
 4788  shall be applied each month to the total Florida purchases of
 4789  such vessels and parts thereof which are used in Florida to
 4790  establish that portion of the total used and consumed in
 4791  intrastate movement and subject to the tax at the applicable
 4792  rate. The basis for imposition of any discretionary surtax shall
 4793  be as set forth in s. 212.054. Items, appropriate to carry out
 4794  the purposes for which a vessel is designed or equipped and
 4795  used, purchased by the owner, operator, or agent of a vessel for
 4796  use on board such vessel shall be deemed to be parts of the
 4797  vessel upon which the same are used or consumed. Vessels and
 4798  parts thereof used to transport persons or property in
 4799  interstate and foreign commerce are hereby determined to be
 4800  susceptible to a distinct and separate classification for
 4801  taxation under the provisions of this chapter. Vessels and parts
 4802  thereof used exclusively in intrastate commerce do not qualify
 4803  for the proration of tax.
 4804         (9) PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES
 4805  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.—
 4806         (a) Railroads that are licensed as common carriers by the
 4807  Surface Transportation Board and parts thereof used to transport
 4808  persons or property in interstate or foreign commerce are
 4809  subject to tax imposed in this chapter only to the extent
 4810  provided herein. The basis of the tax shall be the ratio of
 4811  intrastate mileage to interstate or foreign mileage traveled by
 4812  the carrier during the previous fiscal year of the carrier. Such
 4813  ratio is to be determined at the close of the carrier’s fiscal
 4814  year. However, during the fiscal year in which the railroad
 4815  begins its initial operations in this state, the railroad’s
 4816  mileage apportionment factor may be determined on the basis of
 4817  an estimated ratio of anticipated miles in this state to
 4818  anticipated total miles for that year and, subsequently,
 4819  additional tax shall be paid on the railroad, or a refund may be
 4820  applied for, on the basis of the actual ratio of the railroad’s
 4821  miles in this state to its total miles for that year. This ratio
 4822  shall be applied each month to the purchases of the railroad in
 4823  this state which are used in this state to establish that
 4824  portion of the total used and consumed in intrastate movement
 4825  and subject to tax under this chapter. The basis for imposition
 4826  of any discretionary surtax is set forth in s. 212.054.
 4827  Railroads that are licensed as common carriers by the Surface
 4828  Transportation Board and parts thereof used to transport persons
 4829  or property in interstate and foreign commerce are hereby
 4830  determined to be susceptible to a distinct and separate
 4831  classification for taxation under the provisions of this
 4832  chapter.
 4833         (b) Motor vehicles that are engaged in interstate commerce
 4834  as common carriers, and parts thereof, used to transport persons
 4835  or property in interstate or foreign commerce are subject to tax
 4836  imposed in this chapter only to the extent provided herein. The
 4837  basis of the tax shall be the ratio of intrastate mileage to
 4838  interstate or foreign mileage traveled by the carrier’s motor
 4839  vehicles which were used in interstate or foreign commerce and
 4840  which had at least some Florida mileage during the previous
 4841  fiscal year of the carrier. Such ratio is to be determined at
 4842  the close of the carrier’s fiscal year. However, during the
 4843  fiscal year in which the carrier begins its initial operations
 4844  in this state, the carrier’s mileage apportionment factor may be
 4845  determined on the basis of an estimated ratio of anticipated
 4846  miles in this state to anticipated total miles for that year
 4847  and, subsequently, additional tax shall be paid on the carrier,
 4848  or a refund may be applied for, on the basis of the actual ratio
 4849  of the carrier’s miles in this state to its total miles for that
 4850  year. This ratio shall be applied each month to the purchases in
 4851  this state of such motor vehicles and parts thereof which are
 4852  used in this state to establish that portion of the total used
 4853  and consumed in intrastate movement and subject to tax under
 4854  this chapter. The basis for imposition of any discretionary
 4855  surtax is set forth in s. 212.054. Motor vehicles that are
 4856  engaged in interstate commerce, and parts thereof, used to
 4857  transport persons or property in interstate and foreign commerce
 4858  are hereby determined to be susceptible to a distinct and
 4859  separate classification for taxation under the provisions of
 4860  this chapter. Motor vehicles and parts thereof used exclusively
 4861  in intrastate commerce do not qualify for the proration of tax.
 4862  For purposes of this paragraph, parts of a motor vehicle engaged
 4863  in interstate commerce include a separate tank not connected to
 4864  the fuel supply system of the motor vehicle into which diesel
 4865  fuel is placed to operate a refrigeration unit or other
 4866  equipment.
 4867         Section 53. For the purpose of incorporating the amendment
 4868  made by this act to section 212.054, Florida Statutes, in a
 4869  reference thereto, paragraph (a) of subsection (3) of section
 4870  921.0022, Florida Statutes, is reenacted to read:
 4871         921.0022 Criminal Punishment Code; offense severity ranking
 4872  chart.—
 4873         (3) OFFENSE SEVERITY RANKING CHART
 4874         (a) LEVEL 1
 4875  
 4876  FloridaStatute          FelonyDegree          Description          
 4877  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 4878  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 4879  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 4880  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 4881  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 4882  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 4883  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 4884  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 4885  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 4886  322.212(5)(a)               3rd     False application for driver license or identification card.
 4887  414.39(2)                   3rd     Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
 4888  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 4889  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 4890  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
 4891  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 4892  562.27(1)                   3rd     Possess still or still apparatus.
 4893  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
 4894  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 4895  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 4896  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 4897  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 4898  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 4899  826.01                      3rd     Bigamy.                        
 4900  828.122(3)                  3rd     Fighting or baiting animals.   
 4901  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 4902  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 4903  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 4904  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 4905  838.15(2)                   3rd     Commercial bribe receiving.    
 4906  838.16                      3rd     Commercial bribery.            
 4907  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 4908  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 4909  849.01                      3rd     Keeping gambling house.        
 4910  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 4911  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 4912  849.25(2)                   3rd     Engaging in bookmaking.        
 4913  860.08                      3rd     Interfere with a railroad signal.
 4914  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 4915  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 4916  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 4917  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 4918  
 4919         Section 54. For the purpose of incorporating the amendments
 4920  made by this act to sections 212.06 and 212.08, Florida
 4921  Statutes, in references thereto, paragraphs (b) and (c) of
 4922  subsection (2) and subsection (3) of section 288.1258, Florida
 4923  Statutes, are reenacted to read:
 4924         288.1258 Entertainment industry qualified production
 4925  companies; application procedure; categories; duties of the
 4926  Department of Revenue; records and reports.—
 4927         (2) APPLICATION PROCEDURE.—
 4928         (b)1. The Office of Film and Entertainment shall establish
 4929  a process by which an entertainment industry production company
 4930  may be approved by the office as a qualified production company
 4931  and may receive a certificate of exemption from the Department
 4932  of Revenue for the sales and use tax exemptions under ss.
 4933  212.031, 212.06, and 212.08.
 4934         2. Upon determination by the Office of Film and
 4935  Entertainment that a production company meets the established
 4936  approval criteria and qualifies for exemption, the Office of
 4937  Film and Entertainment shall return the approved application or
 4938  application renewal or extension to the Department of Revenue,
 4939  which shall issue a certificate of exemption.
 4940         3. The Office of Film and Entertainment shall deny an
 4941  application or application for renewal or extension from a
 4942  production company if it determines that the production company
 4943  does not meet the established approval criteria.
 4944         (c) The Office of Film and Entertainment shall develop,
 4945  with the cooperation of the Department of Revenue and local
 4946  government entertainment industry promotion agencies, a
 4947  standardized application form for use in approving qualified
 4948  production companies.
 4949         1. The application form shall include, but not be limited
 4950  to, production-related information on employment, proposed
 4951  budgets, planned purchases of items exempted from sales and use
 4952  taxes under ss. 212.031, 212.06, and 212.08, a signed
 4953  affirmation from the applicant that any items purchased for
 4954  which the applicant is seeking a tax exemption are intended for
 4955  use exclusively as an integral part of entertainment industry
 4956  preproduction, production, or postproduction activities engaged
 4957  in primarily in this state, and a signed affirmation from the
 4958  Office of Film and Entertainment that the information on the
 4959  application form has been verified and is correct. In lieu of
 4960  information on projected employment, proposed budgets, or
 4961  planned purchases of exempted items, a production company
 4962  seeking a 1-year certificate of exemption may submit summary
 4963  historical data on employment, production budgets, and purchases
 4964  of exempted items related to production activities in this
 4965  state. Any information gathered from production companies for
 4966  the purposes of this section shall be considered confidential
 4967  taxpayer information and shall be disclosed only as provided in
 4968  s. 213.053.
 4969         2. The application form may be distributed to applicants by
 4970  the Office of Film and Entertainment or local film commissions.
 4971         (3) CATEGORIES.—
 4972         (a)1. A production company may be qualified for designation
 4973  as a qualified production company for a period of 1 year if the
 4974  company has operated a business in Florida at a permanent
 4975  address for a period of 12 consecutive months. Such a qualified
 4976  production company shall receive a single 1-year certificate of
 4977  exemption from the Department of Revenue for the sales and use
 4978  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 4979  certificate shall expire 1 year after issuance or upon the
 4980  cessation of business operations in the state, at which time the
 4981  certificate shall be surrendered to the Department of Revenue.
 4982         2. The Office of Film and Entertainment shall develop a
 4983  method by which a qualified production company may annually
 4984  renew a 1-year certificate of exemption for a period of up to 5
 4985  years without requiring the production company to resubmit a new
 4986  application during that 5-year period.
 4987         3. Any qualified production company may submit a new
 4988  application for a 1-year certificate of exemption upon the
 4989  expiration of that company’s certificate of exemption.
 4990         (b)1. A production company may be qualified for designation
 4991  as a qualified production company for a period of 90 days. Such
 4992  production company shall receive a single 90-day certificate of
 4993  exemption from the Department of Revenue for the sales and use
 4994  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 4995  certificate shall expire 90 days after issuance, with extensions
 4996  contingent upon approval of the Office of Film and
 4997  Entertainment. The certificate shall be surrendered to the
 4998  Department of Revenue upon its expiration.
 4999         2. Any production company may submit a new application for
 5000  a 90-day certificate of exemption upon the expiration of that
 5001  company’s certificate of exemption.
 5002         Section 55. For the purpose of incorporating the amendment
 5003  made by this act to section 212.06, Florida Statutes, in a
 5004  reference thereto, section 366.051, Florida Statutes, is
 5005  reenacted to read:
 5006         366.051 Cogeneration; small power production; commission
 5007  jurisdiction.—Electricity produced by cogeneration and small
 5008  power production is of benefit to the public when included as
 5009  part of the total energy supply of the entire electric grid of
 5010  the state or consumed by a cogenerator or small power producer.
 5011  The electric utility in whose service area a cogenerator or
 5012  small power producer is located shall purchase, in accordance
 5013  with applicable law, all electricity offered for sale by such
 5014  cogenerator or small power producer; or the cogenerator or small
 5015  power producer may sell such electricity to any other electric
 5016  utility in the state. The commission shall establish guidelines
 5017  relating to the purchase of power or energy by public utilities
 5018  from cogenerators or small power producers and may set rates at
 5019  which a public utility must purchase power or energy from a
 5020  cogenerator or small power producer. In fixing rates for power
 5021  purchased by public utilities from cogenerators or small power
 5022  producers, the commission shall authorize a rate equal to the
 5023  purchasing utility’s full avoided costs. A utility’s “full
 5024  avoided costs” are the incremental costs to the utility of the
 5025  electric energy or capacity, or both, which, but for the
 5026  purchase from cogenerators or small power producers, such
 5027  utility would generate itself or purchase from another source.
 5028  The commission may use a statewide avoided unit when setting
 5029  full avoided capacity costs. If the cogenerator or small power
 5030  producer provides adequate security, based on its financial
 5031  stability, and no costs in excess of full avoided costs are
 5032  likely to be incurred by the electric utility over the term
 5033  during which electricity is to be provided, the commission shall
 5034  authorize the levelization of payments and the elimination of
 5035  discounts due to risk factors in determining the rates. Public
 5036  utilities shall provide transmission or distribution service to
 5037  enable a retail customer to transmit electrical power generated
 5038  by the customer at one location to the customer’s facilities at
 5039  another location, if the commission finds that the provision of
 5040  this service, and the charges, terms, and other conditions
 5041  associated with the provision of this service, are not likely to
 5042  result in higher cost electric service to the utility’s general
 5043  body of retail and wholesale customers or adversely affect the
 5044  adequacy or reliability of electric service to all customers.
 5045  Notwithstanding any other provision of law, power generated by
 5046  the customer and provided by the utility to the customers’
 5047  facility at another location is subject to the gross receipts
 5048  tax imposed under s. 203.01 and the use tax imposed under s.
 5049  212.06. Such taxes shall apply at the time the power is provided
 5050  at such other location and shall be based upon the cost price of
 5051  such power as provided in s. 212.06(1)(b).
 5052         Section 56. For the purpose of incorporating the amendment
 5053  made by this act to section 212.08, Florida Statutes, in a
 5054  reference thereto, subsection (1) of section 213.22, Florida
 5055  Statutes, is reenacted to read:
 5056         213.22 Technical assistance advisements.—
 5057         (1) The department may issue informal technical assistance
 5058  advisements to persons, upon written request, as to the position
 5059  of the department on the tax consequences of a stated
 5060  transaction or event, under existing statutes, rules, or
 5061  policies. After the issuance of an assessment, a technical
 5062  assistance advisement may not be issued to a taxpayer who
 5063  requests an advisement relating to the tax or liability for tax
 5064  in respect to which the assessment has been made, except that a
 5065  technical assistance advisement may be issued to a taxpayer who
 5066  requests an advisement relating to the exemptions in s.
 5067  212.08(1) or (2) at any time. Technical assistance advisements
 5068  shall have no precedential value except to the taxpayer who
 5069  requests the advisement and then only for the specific
 5070  transaction addressed in the technical assistance advisement,
 5071  unless specifically stated otherwise in the advisement. Any
 5072  modification of an advisement shall be prospective only. A
 5073  technical assistance advisement is not an order issued pursuant
 5074  to s. 120.565 or s. 120.569 or a rule or policy of general
 5075  applicability under s. 120.54. The provisions of s. 120.53 are
 5076  not applicable to technical assistance advisements.
 5077         Section 57. For the purpose of incorporating the amendment
 5078  made by this act to section 212.08, Florida Statutes, in a
 5079  reference thereto, section 465.187, Florida Statutes, is
 5080  reenacted to read:
 5081         465.187 Sale of medicinal drugs.—The sale of medicinal
 5082  drugs dispensed upon the order of a practitioner pursuant to
 5083  this chapter shall be entitled to the exemption from sales tax
 5084  provided for in s. 212.08.
 5085         Section 58. For the purpose of incorporating the amendment
 5086  made by this act to section 212.17, Florida Statutes, in a
 5087  reference thereto, paragraph (a) of subsection (5) of section
 5088  212.11, Florida Statutes, is reenacted to read:
 5089         212.11 Tax returns and regulations.—
 5090         (5)(a) Each dealer that claims any credits granted in this
 5091  chapter against that dealer’s sales and use tax liabilities
 5092  shall submit to the department, upon request, documentation that
 5093  provides all of the information required to verify the dealer’s
 5094  entitlement to such credits, excluding credits authorized
 5095  pursuant to the provisions of s. 212.17. All information must be
 5096  broken down as prescribed by the department and shall be
 5097  submitted in a manner that enables the department to verify that
 5098  the credits are allowable by law. With respect to any credit
 5099  that is granted in the form of a refund of previously paid
 5100  taxes, supporting documentation must be provided with the
 5101  application for refund and the penalty provisions of paragraph
 5102  (c) do not apply.
 5103         Section 59. For the purpose of incorporating the amendment
 5104  made by this act to section 212.18, Florida Statutes, in a
 5105  reference thereto, subsection (4) of section 212.04, Florida
 5106  Statutes, is reenacted to read:
 5107         212.04 Admissions tax; rate, procedure, enforcement.—
 5108         (4) Each person who exercises the privilege of charging
 5109  admission taxes, as herein defined, shall apply for, and at that
 5110  time shall furnish the information and comply with the
 5111  provisions of s. 212.18 not inconsistent herewith and receive
 5112  from the department, a certificate of right to exercise such
 5113  privilege, which certificate shall apply to each place of
 5114  business where such privilege is exercised and shall be in the
 5115  manner and form prescribed by the department. Such certificate
 5116  shall be issued upon payment to the department of a registration
 5117  fee of $5 by the applicant. Each person exercising the privilege
 5118  of charging such admission taxes as herein defined shall cause
 5119  to be kept records and accounts showing the admission which
 5120  shall be in the form as the department may from time to time
 5121  prescribe, inclusive of records of all tickets numbered and
 5122  issued for a period of not less than the time within which the
 5123  department may, as permitted by s. 95.091(3), make an assessment
 5124  with respect to any admission evidenced by such records and
 5125  accounts, and inclusive of all bills or checks of customers who
 5126  are charged any of the taxes defined herein, showing the charge
 5127  made to each for that period. The department is empowered to use
 5128  each and every one of the powers granted herein to the
 5129  department to discover the amount of tax to be paid by each such
 5130  person and to enforce the payment thereof as are hereby granted
 5131  the department for the discovery and enforcement of the payment
 5132  of taxes hereinafter levied on the sales of tangible personal
 5133  property.
 5134         Section 60. For the purpose of incorporating the amendment
 5135  made by this act to section 212.18, Florida Statutes, in
 5136  references thereto, paragraph (b) of subsection (1) of section
 5137  212.07, Florida Statutes, is reenacted to read:
 5138         212.07 Sales, storage, use tax; tax added to purchase
 5139  price; dealer not to absorb; liability of purchasers who cannot
 5140  prove payment of the tax; penalties; general exemptions.—
 5141         (1)
 5142         (b) A resale must be in strict compliance with s. 212.18
 5143  and the rules and regulations adopted thereunder. A dealer who
 5144  makes a sale for resale that is not in strict compliance with s.
 5145  212.18 and the rules and regulations adopted thereunder is
 5146  liable for and must pay the tax. A dealer who makes a sale for
 5147  resale shall document the exempt nature of the transaction, as
 5148  established by rules adopted by the department, by retaining a
 5149  copy of the purchaser’s resale certificate. In lieu of
 5150  maintaining a copy of the certificate, a dealer may document,
 5151  before the time of sale, an authorization number provided
 5152  telephonically or electronically by the department, or by such
 5153  other means established by rule of the department. The dealer
 5154  may rely on a resale certificate issued pursuant to s.
 5155  212.18(3)(d), valid at the time of receipt from the purchaser,
 5156  without seeking annual verification of the resale certificate if
 5157  the dealer makes recurring sales to a purchaser in the normal
 5158  course of business on a continual basis. For purposes of this
 5159  paragraph, “recurring sales to a purchaser in the normal course
 5160  of business” refers to a sale in which the dealer extends credit
 5161  to the purchaser and records the debt as an account receivable,
 5162  or in which the dealer sells to a purchaser who has an
 5163  established cash or C.O.D. account, similar to an open credit
 5164  account. For purposes of this paragraph, purchases are made from
 5165  a selling dealer on a continual basis if the selling dealer
 5166  makes, in the normal course of business, sales to the purchaser
 5167  at least once in every 12-month period. A dealer may, through
 5168  the informal protest provided for in s. 213.21 and the rules of
 5169  the department, provide the department with evidence of the
 5170  exempt status of a sale. Consumer certificates of exemption
 5171  executed by those exempt entities that were registered with the
 5172  department at the time of sale, resale certificates provided by
 5173  purchasers who were active dealers at the time of sale, and
 5174  verification by the department of a purchaser’s active dealer
 5175  status at the time of sale in lieu of a resale certificate shall
 5176  be accepted by the department when submitted during the protest
 5177  period, but may not be accepted in any proceeding under chapter
 5178  120 or any circuit court action instituted under chapter 72.
 5179         Section 61. For the purpose of incorporating the amendment
 5180  made by this act to section 212.18, Florida Statutes, in a
 5181  reference thereto, paragraph (p) of subsection (5) of section
 5182  212.08, Florida Statutes, is reenacted to read:
 5183         212.08 Sales, rental, use, consumption, distribution, and
 5184  storage tax; specified exemptions.—The sale at retail, the
 5185  rental, the use, the consumption, the distribution, and the
 5186  storage to be used or consumed in this state of the following
 5187  are hereby specifically exempt from the tax imposed by this
 5188  chapter.
 5189         (5) EXEMPTIONS; ACCOUNT OF USE.—
 5190         (p) Community contribution tax credit for donations.—
 5191         1. Authorization.—Persons who are registered with the
 5192  department under s. 212.18 to collect or remit sales or use tax
 5193  and who make donations to eligible sponsors are eligible for tax
 5194  credits against their state sales and use tax liabilities as
 5195  provided in this paragraph:
 5196         a. The credit shall be computed as 50 percent of the
 5197  person’s approved annual community contribution.
 5198         b. The credit shall be granted as a refund against state
 5199  sales and use taxes reported on returns and remitted in the 12
 5200  months preceding the date of application to the department for
 5201  the credit as required in sub-subparagraph 3.c. If the annual
 5202  credit is not fully used through such refund because of
 5203  insufficient tax payments during the applicable 12-month period,
 5204  the unused amount may be included in an application for a refund
 5205  made pursuant to sub-subparagraph 3.c. in subsequent years
 5206  against the total tax payments made for such year. Carryover
 5207  credits may be applied for a 3-year period without regard to any
 5208  time limitation that would otherwise apply under s. 215.26.
 5209         c. A person may not receive more than $200,000 in annual
 5210  tax credits for all approved community contributions made in any
 5211  one year.
 5212         d. All proposals for the granting of the tax credit require
 5213  the prior approval of the Department of Economic Opportunity.
 5214         e. The total amount of tax credits which may be granted for
 5215  all programs approved under this paragraph, s. 220.183, and s.
 5216  624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
 5217  million in the 2016-2017 fiscal year, and $21.4 million in the
 5218  2017-2018 fiscal year for projects that provide housing
 5219  opportunities for persons with special needs or homeownership
 5220  opportunities for low-income households or very-low-income
 5221  households and $3.5 million annually for all other projects. As
 5222  used in this paragraph, the term “person with special needs” has
 5223  the same meaning as in s. 420.0004 and the terms “low-income
 5224  person,” “low-income household,” “very-low-income person,” and
 5225  “very-low-income household” have the same meanings as in s.
 5226  420.9071.
 5227         f. A person who is eligible to receive the credit provided
 5228  in this paragraph, s. 220.183, or s. 624.5105 may receive the
 5229  credit only under one section of the person’s choice.
 5230         2. Eligibility requirements.—
 5231         a. A community contribution by a person must be in the
 5232  following form:
 5233         (I) Cash or other liquid assets;
 5234         (II) Real property;
 5235         (III) Goods or inventory; or
 5236         (IV) Other physical resources identified by the Department
 5237  of Economic Opportunity.
 5238         b. All community contributions must be reserved exclusively
 5239  for use in a project. As used in this sub-subparagraph, the term
 5240  “project” means activity undertaken by an eligible sponsor which
 5241  is designed to construct, improve, or substantially rehabilitate
 5242  housing that is affordable to low-income households or very-low
 5243  income households; designed to provide housing opportunities for
 5244  persons with special needs; designed to provide commercial,
 5245  industrial, or public resources and facilities; or designed to
 5246  improve entrepreneurial and job-development opportunities for
 5247  low-income persons. A project may be the investment necessary to
 5248  increase access to high-speed broadband capability in a rural
 5249  community that had an enterprise zone designated pursuant to
 5250  chapter 290 as of May 1, 2015, including projects that result in
 5251  improvements to communications assets that are owned by a
 5252  business. A project may include the provision of museum
 5253  educational programs and materials that are directly related to
 5254  a project approved between January 1, 1996, and December 31,
 5255  1999, and located in an area which was in an enterprise zone
 5256  designated pursuant to s. 290.0065 as of May 1, 2015. This
 5257  paragraph does not preclude projects that propose to construct
 5258  or rehabilitate housing for low-income households or very-low
 5259  income households on scattered sites or housing opportunities
 5260  for persons with special needs. With respect to housing,
 5261  contributions may be used to pay the following eligible special
 5262  needs, low-income, and very-low-income housing-related
 5263  activities:
 5264         (I) Project development impact and management fees for
 5265  special needs, low-income, or very-low-income housing projects;
 5266         (II) Down payment and closing costs for persons with
 5267  special needs, low-income persons, and very-low-income persons;
 5268         (III) Administrative costs, including housing counseling
 5269  and marketing fees, not to exceed 10 percent of the community
 5270  contribution, directly related to special needs, low-income, or
 5271  very-low-income projects; and
 5272         (IV) Removal of liens recorded against residential property
 5273  by municipal, county, or special district local governments if
 5274  satisfaction of the lien is a necessary precedent to the
 5275  transfer of the property to a low-income person or very-low
 5276  income person for the purpose of promoting home ownership.
 5277  Contributions for lien removal must be received from a
 5278  nonrelated third party.
 5279         c. The project must be undertaken by an “eligible sponsor,”
 5280  which includes:
 5281         (I) A community action program;
 5282         (II) A nonprofit community-based development organization
 5283  whose mission is the provision of housing for persons with
 5284  specials needs, low-income households, or very-low-income
 5285  households or increasing entrepreneurial and job-development
 5286  opportunities for low-income persons;
 5287         (III) A neighborhood housing services corporation;
 5288         (IV) A local housing authority created under chapter 421;
 5289         (V) A community redevelopment agency created under s.
 5290  163.356;
 5291         (VI) A historic preservation district agency or
 5292  organization;
 5293         (VII) A regional workforce board;
 5294         (VIII) A direct-support organization as provided in s.
 5295  1009.983;
 5296         (IX) An enterprise zone development agency created under s.
 5297  290.0056;
 5298         (X) A community-based organization incorporated under
 5299  chapter 617 which is recognized as educational, charitable, or
 5300  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 5301  and whose bylaws and articles of incorporation include
 5302  affordable housing, economic development, or community
 5303  development as the primary mission of the corporation;
 5304         (XI) Units of local government;
 5305         (XII) Units of state government; or
 5306         (XIII) Any other agency that the Department of Economic
 5307  Opportunity designates by rule.
 5308  
 5309  A contributing person may not have a financial interest in the
 5310  eligible sponsor.
 5311         d. The project must be located in an area which was in an
 5312  enterprise zone designated pursuant to chapter 290 as of May 1,
 5313  2015, or a Front Porch Florida Community, unless the project
 5314  increases access to high-speed broadband capability in a rural
 5315  community that had an enterprise zone designated pursuant to
 5316  chapter 290 as of May 1, 2015, but is physically located outside
 5317  the designated rural zone boundaries. Any project designed to
 5318  construct or rehabilitate housing for low-income households or
 5319  very-low-income households or housing opportunities for persons
 5320  with special needs is exempt from the area requirement of this
 5321  sub-subparagraph.
 5322         e.(I) If, during the first 10 business days of the state
 5323  fiscal year, eligible tax credit applications for projects that
 5324  provide housing opportunities for persons with special needs or
 5325  homeownership opportunities for low-income households or very
 5326  low-income households are received for less than the annual tax
 5327  credits available for those projects, the Department of Economic
 5328  Opportunity shall grant tax credits for those applications and
 5329  grant remaining tax credits on a first-come, first-served basis
 5330  for subsequent eligible applications received before the end of
 5331  the state fiscal year. If, during the first 10 business days of
 5332  the state fiscal year, eligible tax credit applications for
 5333  projects that provide housing opportunities for persons with
 5334  special needs or homeownership opportunities for low-income
 5335  households or very-low-income households are received for more
 5336  than the annual tax credits available for those projects, the
 5337  Department of Economic Opportunity shall grant the tax credits
 5338  for those applications as follows:
 5339         (A) If tax credit applications submitted for approved
 5340  projects of an eligible sponsor do not exceed $200,000 in total,
 5341  the credits shall be granted in full if the tax credit
 5342  applications are approved.
 5343         (B) If tax credit applications submitted for approved
 5344  projects of an eligible sponsor exceed $200,000 in total, the
 5345  amount of tax credits granted pursuant to sub-sub-sub
 5346  subparagraph (A) shall be subtracted from the amount of
 5347  available tax credits, and the remaining credits shall be
 5348  granted to each approved tax credit application on a pro rata
 5349  basis.
 5350         (II) If, during the first 10 business days of the state
 5351  fiscal year, eligible tax credit applications for projects other
 5352  than those that provide housing opportunities for persons with
 5353  special needs or homeownership opportunities for low-income
 5354  households or very-low-income households are received for less
 5355  than the annual tax credits available for those projects, the
 5356  Department of Economic Opportunity shall grant tax credits for
 5357  those applications and shall grant remaining tax credits on a
 5358  first-come, first-served basis for subsequent eligible
 5359  applications received before the end of the state fiscal year.
 5360  If, during the first 10 business days of the state fiscal year,
 5361  eligible tax credit applications for projects other than those
 5362  that provide housing opportunities for persons with special
 5363  needs or homeownership opportunities for low-income households
 5364  or very-low-income households are received for more than the
 5365  annual tax credits available for those projects, the Department
 5366  of Economic Opportunity shall grant the tax credits for those
 5367  applications on a pro rata basis.
 5368         3. Application requirements.—
 5369         a. An eligible sponsor seeking to participate in this
 5370  program must submit a proposal to the Department of Economic
 5371  Opportunity which sets forth the name of the sponsor, a
 5372  description of the project, and the area in which the project is
 5373  located, together with such supporting information as is
 5374  prescribed by rule. The proposal must also contain a resolution
 5375  from the local governmental unit in which the project is located
 5376  certifying that the project is consistent with local plans and
 5377  regulations.
 5378         b. A person seeking to participate in this program must
 5379  submit an application for tax credit to the Department of
 5380  Economic Opportunity which sets forth the name of the sponsor, a
 5381  description of the project, and the type, value, and purpose of
 5382  the contribution. The sponsor shall verify, in writing, the
 5383  terms of the application and indicate its receipt of the
 5384  contribution, and such verification must accompany the
 5385  application for tax credit. The person must submit a separate
 5386  tax credit application to the Department of Economic Opportunity
 5387  for each individual contribution that it makes to each
 5388  individual project.
 5389         c. A person who has received notification from the
 5390  Department of Economic Opportunity that a tax credit has been
 5391  approved must apply to the department to receive the refund.
 5392  Application must be made on the form prescribed for claiming
 5393  refunds of sales and use taxes and be accompanied by a copy of
 5394  the notification. A person may submit only one application for
 5395  refund to the department within a 12-month period.
 5396         4. Administration.—
 5397         a. The Department of Economic Opportunity may adopt rules
 5398  necessary to administer this paragraph, including rules for the
 5399  approval or disapproval of proposals by a person.
 5400         b. The decision of the Department of Economic Opportunity
 5401  must be in writing, and, if approved, the notification shall
 5402  state the maximum credit allowable to the person. Upon approval,
 5403  the Department of Economic Opportunity shall transmit a copy of
 5404  the decision to the department.
 5405         c. The Department of Economic Opportunity shall
 5406  periodically monitor all projects in a manner consistent with
 5407  available resources to ensure that resources are used in
 5408  accordance with this paragraph; however, each project must be
 5409  reviewed at least once every 2 years.
 5410         d. The Department of Economic Opportunity shall, in
 5411  consultation with the statewide and regional housing and
 5412  financial intermediaries, market the availability of the
 5413  community contribution tax credit program to community-based
 5414  organizations.
 5415         5. Expiration.—This paragraph expires June 30, 2018;
 5416  however, any accrued credit carryover that is unused on that
 5417  date may be used until the expiration of the 3-year carryover
 5418  period for such credit.
 5419         Section 62. For the purpose of incorporating the amendment
 5420  made by this act to section 212.18, Florida Statutes, in
 5421  references thereto, paragraph (a) of subsection (10) and
 5422  subsection (11) of section 213.053, Florida Statutes, are
 5423  reenacted to read:
 5424         213.053 Confidentiality and information sharing.—
 5425         (10)(a) Notwithstanding other provisions of this section,
 5426  the department shall, subject to paragraph (c) and to the
 5427  safeguards and limitations of paragraphs (b) and (d), disclose
 5428  to the governing body of a municipality, a county, or a
 5429  subcounty district levying a local option tax, or any state tax
 5430  that is distributed to units of local government based upon
 5431  place of collection, which the department is responsible for
 5432  administering, names and addresses only of the taxpayers granted
 5433  a certificate of registration pursuant to s. 212.18(3) who
 5434  reside within or adjacent to the taxing boundaries of such
 5435  municipality, county, or subcounty district when sufficient
 5436  information is supplied by the municipality, the county, or
 5437  subcounty district as the department by rule may prescribe,
 5438  provided such governing bodies are following s. 212.18(3)
 5439  relative to the denial of an occupational license after the
 5440  department cancels a dealer’s sales tax certificate of
 5441  registration.
 5442         (11) Notwithstanding any other provision of this section,
 5443  with respect to a request for verification of a certificate of
 5444  registration issued pursuant to s. 212.18 to a specified dealer
 5445  or taxpayer or with respect to a request by a law enforcement
 5446  officer for verification of a certificate of registration issued
 5447  pursuant to s. 538.09 to a specified secondhand dealer or
 5448  pursuant to s. 538.25 to a specified secondary metals recycler,
 5449  the department may disclose whether the specified person holds a
 5450  valid certificate or whether a specified certificate number is
 5451  valid or whether a specified certificate number has been
 5452  canceled or is inactive or invalid and the name of the holder of
 5453  the certificate. This subsection shall not be construed to
 5454  create a duty to request verification of any certificate of
 5455  registration.
 5456         Section 63. For the purpose of incorporating the amendment
 5457  made by this act to section 212.18, Florida Statutes, in a
 5458  reference thereto, paragraph (h) of subsection (9) of section
 5459  365.172, Florida Statutes, is reenacted to read:
 5460         365.172 Emergency communications number “E911.”—
 5461         (9) PREPAID WIRELESS E911 FEE.—
 5462         (h) A seller of prepaid wireless services in this state
 5463  must register with the Department of Revenue for each place of
 5464  business as required by s. 212.18(3) and the Department of
 5465  Revenue’s administrative rule regarding registration as a sales
 5466  and use tax dealer. A separate application is required for each
 5467  place of business. A valid certificate of registration issued by
 5468  the Department of Revenue to a seller for sales and use tax
 5469  purposes is sufficient for purposes of the registration
 5470  requirement of this subsection. There is no fee for registration
 5471  for remittance of the prepaid wireless E911 fee.
 5472         Section 64. This act shall take effect January 1, 2017.