Florida Senate - 2019                                    SB 1066
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01408A-19                                          20191066__
    1                        A bill to be entitled                      
    2         An act relating to sales tax absorption; amending s.
    3         212.07, F.S.; deleting prohibitions against a dealer
    4         advertising or holding out to the public that he or
    5         she will absorb all or part of the sales and use tax
    6         or will relieve the purchaser of all or part of the
    7         tax; authorizing dealers, subject to specified
    8         conditions, to advertise or hold out to the public
    9         that they will absorb all or part of the tax or refund
   10         any part thereof to the purchaser; providing that such
   11         dealers are solely responsible and liable for the tax;
   12         revising a criminal penalty; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (4) of section 212.07, Florida
   18  Statutes, is amended, and subsection (2) of that section is
   19  republished, to read:
   20         212.07 Sales, storage, use tax; tax added to purchase
   21  price; tax absorption dealer not to absorb; liability of
   22  purchasers who cannot prove payment of the tax; penalties;
   23  general exemptions.—
   24         (2) A dealer shall, as far as practicable, add the amount
   25  of the tax imposed under this chapter to the sale price, and the
   26  amount of the tax shall be separately stated as Florida tax on
   27  any charge ticket, sales slip, invoice, or other tangible
   28  evidence of sale. Such tax shall constitute a part of such
   29  price, charge, or proof of sale which shall be a debt from the
   30  purchaser or consumer to the dealer, until paid, and shall be
   31  recoverable at law in the same manner as other debts. Where it
   32  is impracticable, due to the nature of the business practices
   33  within an industry, to separately state Florida tax on any
   34  charge ticket, sales slip, invoice, or other tangible evidence
   35  of sale, the department may establish an effective tax rate for
   36  such industry. The department may also amend this effective tax
   37  rate as the industry’s pricing or practices change. Except as
   38  otherwise specifically provided, any dealer who neglects, fails,
   39  or refuses to collect the tax herein provided upon any, every,
   40  and all retail sales made by the dealer or the dealer’s agents
   41  or employees of tangible personal property or services which are
   42  subject to the tax imposed by this chapter shall be liable for
   43  and pay the tax himself or herself.
   44         (4)(a) A dealer engaged in any business taxable under this
   45  chapter may not advertise or hold out to the public, in any
   46  manner, directly or indirectly, that he or she will absorb all
   47  or any part of the tax, or that he or she will relieve the
   48  purchaser of the payment of all or any part of the tax, or that
   49  the tax will not be added to the selling price of the property
   50  or services sold or released. However, such dealer may advertise
   51  or hold out to the public, directly or indirectly or, when
   52  added, that he or she will absorb all or any part of such tax or
   53  that it or any part thereof will be refunded to the purchaser,
   54  either directly or indirectly, subject to both of the following
   55  conditions:
   56         1. In so advertising or holding out to the public, the
   57  dealer shall expressly state on any charge ticket, sales slip,
   58  invoice, or other tangible evidence of sale given to the
   59  purchaser that such dealer will pay the tax imposed by this
   60  chapter to the state. The dealer may not indicate or imply that
   61  the transaction is exempt or excluded from the tax imposed by
   62  this chapter.
   63         2.A charge ticket, sales slip, invoice, or other tangible
   64  evidence of sale given to the purchaser must separately state
   65  the amount of such tax in accordance with subsection (2).
   66         (b) Notwithstanding any law to the contrary, if a dealer
   67  directly or indirectly advertises or holds out to the public
   68  that the dealer will pay the tax to the purchaser subject to the
   69  conditions in subparagraphs (a)1. and 2., the dealer is solely
   70  responsible and liable for any tax imposed by this chapter
   71  either directly or indirectly by any method whatsoever.
   72         (c) A person who violates this subsection provision with
   73  respect to failing to add the tax to the selling price
   74  advertising or refund is guilty of a misdemeanor of the second
   75  degree, punishable as provided in s. 775.082 or s. 775.083. A
   76  second or subsequent offense constitutes a misdemeanor of the
   77  first degree, punishable as provided in s. 775.082 or s.
   78  775.083.
   79         Section 2. This act shall take effect July 1, 2019.