Florida Senate - 2021                               CS for SB 50
       By the Committee on Finance and Tax; and Senators Gruters,
       Perry, Hooper, Torres, Taddeo, Burgess, Ausley, Albritton, and
       593-02191-21                                            202150c1
    1                        A bill to be entitled                      
    2         An act relating to the sales and use tax; amending s.
    3         212.02, F.S.; expanding the definition of the term
    4         “retail sale” to include sales facilitated through a
    5         marketplace; conforming a provision to changes made by
    6         the act; amending s. 212.05, F.S.; conforming a
    7         provision to changes made by the act; amending s.
    8         212.0596, F.S.; replacing provisions relating to the
    9         taxation of mail order sales with provisions relating
   10         to the taxation of remote sales; defining the terms
   11         “remote sale” and “substantial number of remote
   12         sales”; providing that every person making a
   13         substantial number of remote sales is a dealer for
   14         purposes of the sales and use tax; authorizing the
   15         Department of Revenue to adopt rules for collecting
   16         use taxes from unregistered persons; creating s.
   17         212.05965, F.S.; defining terms; providing that
   18         certain marketplace providers are dealers for purposes
   19         of the sales and use tax; requiring marketplace
   20         providers to provide a certain certification to their
   21         marketplace sellers; specifying requirements for
   22         marketplace sellers; requiring marketplace providers
   23         to allow the Department of Revenue to examine and
   24         audit their books and records; specifying the
   25         examination and audit authority of the department;
   26         providing that a marketplace seller, rather than the
   27         marketplace provider, is liable for sales tax
   28         collection and remittance under certain circumstances;
   29         authorizing marketplace providers and marketplace
   30         sellers to enter into agreements for the recovery of
   31         certain taxes, interest, and penalties; providing
   32         construction and applicability; amending s. 212.05965,
   33         F.S.; requiring marketplace providers to collect and
   34         remit certain additional fees at the time of sale;
   35         authorizing marketplace providers and marketplace
   36         sellers to contractually agree for marketplace sellers
   37         to collect applicable taxes and fees; specifying
   38         requirements for marketplace sellers who collect such
   39         taxes and fees; providing for liability of sellers who
   40         fail to collect or remit such taxes and fees; amending
   41         s. 212.06, F.S.; revising the definition of the term
   42         “dealer”; conforming provisions to changes made by the
   43         act; amending s. 212.12, F.S.; deleting the authority
   44         of the department’s executive director to negotiate a
   45         collection allowance with certain dealers; conforming
   46         provisions to changes made by the act; amending s.
   47         212.18, F.S.; conforming a provision to changes made
   48         by the act; amending s. 212.20, F.S.; providing
   49         applicability of requirements for refund of taxes
   50         adjudicated unconstitutionally collected to taxes
   51         levied or collected pursuant to marketplace
   52         provisions; amending s. 213.27, F.S.; conforming
   53         provisions to changes made by the act; providing
   54         applicability; providing relief to certain persons for
   55         liability for tax, penalty, and interest due on
   56         certain remote sales and owed on certain purchases
   57         that occurred before the effective date of the act;
   58         providing construction; authorizing the department to
   59         adopt emergency rules; providing for expiration of
   60         that authority; providing for severability; providing
   61         effective dates.
   63  Be It Enacted by the Legislature of the State of Florida:
   65         Section 1. Paragraph (e) of subsection (14) of section
   66  212.02, Florida Statutes, is amended, and paragraph (f) is added
   67  to that subsection, to read:
   68         212.02 Definitions.—The following terms and phrases when
   69  used in this chapter have the meanings ascribed to them in this
   70  section, except where the context clearly indicates a different
   71  meaning:
   72         (14)
   73         (e) The term “retail sale” includes a remote mail order
   74  sale, as defined in s. 212.0596(1).
   75         (f)The term “retail sale” includes a sale facilitated
   76  through a marketplace as defined in s. 212.05965(1).
   77         Section 2. Section 212.05, Florida Statutes, is amended to
   78  read:
   79         212.05 Sales, storage, use tax.—It is hereby declared to be
   80  the legislative intent that every person is exercising a taxable
   81  privilege who engages in the business of selling tangible
   82  personal property at retail in this state, including the
   83  business of making or facilitating remote mail order sales;, or
   84  who rents or furnishes any of the things or services taxable
   85  under this chapter;, or who stores for use or consumption in
   86  this state any item or article of tangible personal property as
   87  defined herein and who leases or rents such property within the
   88  state.
   89         (1) For the exercise of such privilege, a tax is levied on
   90  each taxable transaction or incident, which tax is due and
   91  payable as follows:
   92         (a)1.a. At the rate of 6 percent of the sales price of each
   93  item or article of tangible personal property when sold at
   94  retail in this state, computed on each taxable sale for the
   95  purpose of remitting the amount of tax due the state, and
   96  including each and every retail sale.
   97         b. Each occasional or isolated sale of an aircraft, boat,
   98  mobile home, or motor vehicle of a class or type which is
   99  required to be registered, licensed, titled, or documented in
  100  this state or by the United States Government shall be subject
  101  to tax at the rate provided in this paragraph. The department
  102  shall by rule adopt any nationally recognized publication for
  103  valuation of used motor vehicles as the reference price list for
  104  any used motor vehicle which is required to be licensed pursuant
  105  to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
  106  party to an occasional or isolated sale of such a vehicle
  107  reports to the tax collector a sales price which is less than 80
  108  percent of the average loan price for the specified model and
  109  year of such vehicle as listed in the most recent reference
  110  price list, the tax levied under this paragraph shall be
  111  computed by the department on such average loan price unless the
  112  parties to the sale have provided to the tax collector an
  113  affidavit signed by each party, or other substantial proof,
  114  stating the actual sales price. Any party to such sale who
  115  reports a sales price less than the actual sales price is guilty
  116  of a misdemeanor of the first degree, punishable as provided in
  117  s. 775.082 or s. 775.083. The department shall collect or
  118  attempt to collect from such party any delinquent sales taxes.
  119  In addition, such party shall pay any tax due and any penalty
  120  and interest assessed plus a penalty equal to twice the amount
  121  of the additional tax owed. Notwithstanding any other provision
  122  of law, the Department of Revenue may waive or compromise any
  123  penalty imposed pursuant to this subparagraph.
  124         2. This paragraph does not apply to the sale of a boat or
  125  aircraft by or through a registered dealer under this chapter to
  126  a purchaser who, at the time of taking delivery, is a
  127  nonresident of this state, does not make his or her permanent
  128  place of abode in this state, and is not engaged in carrying on
  129  in this state any employment, trade, business, or profession in
  130  which the boat or aircraft will be used in this state, or is a
  131  corporation none of the officers or directors of which is a
  132  resident of, or makes his or her permanent place of abode in,
  133  this state, or is a noncorporate entity that has no individual
  134  vested with authority to participate in the management,
  135  direction, or control of the entity’s affairs who is a resident
  136  of, or makes his or her permanent abode in, this state. For
  137  purposes of this exemption, either a registered dealer acting on
  138  his or her own behalf as seller, a registered dealer acting as
  139  broker on behalf of a seller, or a registered dealer acting as
  140  broker on behalf of the purchaser may be deemed to be the
  141  selling dealer. This exemption shall not be allowed unless:
  142         a. The purchaser removes a qualifying boat, as described in
  143  sub-subparagraph f., from the state within 90 days after the
  144  date of purchase or extension, or the purchaser removes a
  145  nonqualifying boat or an aircraft from this state within 10 days
  146  after the date of purchase or, when the boat or aircraft is
  147  repaired or altered, within 20 days after completion of the
  148  repairs or alterations; or if the aircraft will be registered in
  149  a foreign jurisdiction and:
  150         (I) Application for the aircraft’s registration is properly
  151  filed with a civil airworthiness authority of a foreign
  152  jurisdiction within 10 days after the date of purchase;
  153         (II) The purchaser removes the aircraft from the state to a
  154  foreign jurisdiction within 10 days after the date the aircraft
  155  is registered by the applicable foreign airworthiness authority;
  156  and
  157         (III) The aircraft is operated in the state solely to
  158  remove it from the state to a foreign jurisdiction.
  160  For purposes of this sub-subparagraph, the term “foreign
  161  jurisdiction” means any jurisdiction outside of the United
  162  States or any of its territories;
  163         b. The purchaser, within 90 days from the date of
  164  departure, provides the department with written proof that the
  165  purchaser licensed, registered, titled, or documented the boat
  166  or aircraft outside the state. If such written proof is
  167  unavailable, within 90 days the purchaser shall provide proof
  168  that the purchaser applied for such license, title,
  169  registration, or documentation. The purchaser shall forward to
  170  the department proof of title, license, registration, or
  171  documentation upon receipt;
  172         c. The purchaser, within 30 days after removing the boat or
  173  aircraft from Florida, furnishes the department with proof of
  174  removal in the form of receipts for fuel, dockage, slippage,
  175  tie-down, or hangaring from outside of Florida. The information
  176  so provided must clearly and specifically identify the boat or
  177  aircraft;
  178         d. The selling dealer, within 30 days after the date of
  179  sale, provides to the department a copy of the sales invoice,
  180  closing statement, bills of sale, and the original affidavit
  181  signed by the purchaser attesting that he or she has read the
  182  provisions of this section;
  183         e. The seller makes a copy of the affidavit a part of his
  184  or her record for as long as required by s. 213.35; and
  185         f. Unless the nonresident purchaser of a boat of 5 net tons
  186  of admeasurement or larger intends to remove the boat from this
  187  state within 10 days after the date of purchase or when the boat
  188  is repaired or altered, within 20 days after completion of the
  189  repairs or alterations, the nonresident purchaser applies to the
  190  selling dealer for a decal which authorizes 90 days after the
  191  date of purchase for removal of the boat. The nonresident
  192  purchaser of a qualifying boat may apply to the selling dealer
  193  within 60 days after the date of purchase for an extension decal
  194  that authorizes the boat to remain in this state for an
  195  additional 90 days, but not more than a total of 180 days,
  196  before the nonresident purchaser is required to pay the tax
  197  imposed by this chapter. The department is authorized to issue
  198  decals in advance to dealers. The number of decals issued in
  199  advance to a dealer shall be consistent with the volume of the
  200  dealer’s past sales of boats which qualify under this sub
  201  subparagraph. The selling dealer or his or her agent shall mark
  202  and affix the decals to qualifying boats in the manner
  203  prescribed by the department, before delivery of the boat.
  204         (I) The department is hereby authorized to charge dealers a
  205  fee sufficient to recover the costs of decals issued, except the
  206  extension decal shall cost $425.
  207         (II) The proceeds from the sale of decals will be deposited
  208  into the administrative trust fund.
  209         (III) Decals shall display information to identify the boat
  210  as a qualifying boat under this sub-subparagraph, including, but
  211  not limited to, the decal’s date of expiration.
  212         (IV) The department is authorized to require dealers who
  213  purchase decals to file reports with the department and may
  214  prescribe all necessary records by rule. All such records are
  215  subject to inspection by the department.
  216         (V) Any dealer or his or her agent who issues a decal
  217  falsely, fails to affix a decal, mismarks the expiration date of
  218  a decal, or fails to properly account for decals will be
  219  considered prima facie to have committed a fraudulent act to
  220  evade the tax and will be liable for payment of the tax plus a
  221  mandatory penalty of 200 percent of the tax, and shall be liable
  222  for fine and punishment as provided by law for a conviction of a
  223  misdemeanor of the first degree, as provided in s. 775.082 or s.
  224  775.083.
  225         (VI) Any nonresident purchaser of a boat who removes a
  226  decal before permanently removing the boat from the state, or
  227  defaces, changes, modifies, or alters a decal in a manner
  228  affecting its expiration date before its expiration, or who
  229  causes or allows the same to be done by another, will be
  230  considered prima facie to have committed a fraudulent act to
  231  evade the tax and will be liable for payment of the tax plus a
  232  mandatory penalty of 200 percent of the tax, and shall be liable
  233  for fine and punishment as provided by law for a conviction of a
  234  misdemeanor of the first degree, as provided in s. 775.082 or s.
  235  775.083.
  236         (VII) The department is authorized to adopt rules necessary
  237  to administer and enforce this subparagraph and to publish the
  238  necessary forms and instructions.
  239         (VIII) The department is hereby authorized to adopt
  240  emergency rules pursuant to s. 120.54(4) to administer and
  241  enforce the provisions of this subparagraph.
  243  If the purchaser fails to remove the qualifying boat from this
  244  state within the maximum 180 days after purchase or a
  245  nonqualifying boat or an aircraft from this state within 10 days
  246  after purchase or, when the boat or aircraft is repaired or
  247  altered, within 20 days after completion of such repairs or
  248  alterations, or permits the boat or aircraft to return to this
  249  state within 6 months from the date of departure, except as
  250  provided in s. 212.08(7)(fff), or if the purchaser fails to
  251  furnish the department with any of the documentation required by
  252  this subparagraph within the prescribed time period, the
  253  purchaser shall be liable for use tax on the cost price of the
  254  boat or aircraft and, in addition thereto, payment of a penalty
  255  to the Department of Revenue equal to the tax payable. This
  256  penalty shall be in lieu of the penalty imposed by s. 212.12(2).
  257  The maximum 180-day period following the sale of a qualifying
  258  boat tax-exempt to a nonresident may not be tolled for any
  259  reason.
  260         (b) At the rate of 6 percent of the cost price of each item
  261  or article of tangible personal property when the same is not
  262  sold but is used, consumed, distributed, or stored for use or
  263  consumption in this state; however, for tangible property
  264  originally purchased exempt from tax for use exclusively for
  265  lease and which is converted to the owner’s own use, tax may be
  266  paid on the fair market value of the property at the time of
  267  conversion. If the fair market value of the property cannot be
  268  determined, use tax at the time of conversion shall be based on
  269  the owner’s acquisition cost. Under no circumstances may the
  270  aggregate amount of sales tax from leasing the property and use
  271  tax due at the time of conversion be less than the total sales
  272  tax that would have been due on the original acquisition cost
  273  paid by the owner.
  274         (c) At the rate of 6 percent of the gross proceeds derived
  275  from the lease or rental of tangible personal property, as
  276  defined herein; however, the following special provisions apply
  277  to the lease or rental of motor vehicles:
  278         1. When a motor vehicle is leased or rented for a period of
  279  less than 12 months:
  280         a. If the motor vehicle is rented in Florida, the entire
  281  amount of such rental is taxable, even if the vehicle is dropped
  282  off in another state.
  283         b. If the motor vehicle is rented in another state and
  284  dropped off in Florida, the rental is exempt from Florida tax.
  285         2. Except as provided in subparagraph 3., for the lease or
  286  rental of a motor vehicle for a period of not less than 12
  287  months, sales tax is due on the lease or rental payments if the
  288  vehicle is registered in this state; provided, however, that no
  289  tax shall be due if the taxpayer documents use of the motor
  290  vehicle outside this state and tax is being paid on the lease or
  291  rental payments in another state.
  292         3. The tax imposed by this chapter does not apply to the
  293  lease or rental of a commercial motor vehicle as defined in s.
  294  316.003(13)(a) to one lessee or rentee for a period of not less
  295  than 12 months when tax was paid on the purchase price of such
  296  vehicle by the lessor. To the extent tax was paid with respect
  297  to the purchase of such vehicle in another state, territory of
  298  the United States, or the District of Columbia, the Florida tax
  299  payable shall be reduced in accordance with the provisions of s.
  300  212.06(7). This subparagraph shall only be available when the
  301  lease or rental of such property is an established business or
  302  part of an established business or the same is incidental or
  303  germane to such business.
  304         (d) At the rate of 6 percent of the lease or rental price
  305  paid by a lessee or rentee, or contracted or agreed to be paid
  306  by a lessee or rentee, to the owner of the tangible personal
  307  property.
  308         (e)1. At the rate of 6 percent on charges for:
  309         a. Prepaid calling arrangements. The tax on charges for
  310  prepaid calling arrangements shall be collected at the time of
  311  sale and remitted by the selling dealer.
  312         (I) “Prepaid calling arrangement” has the same meaning as
  313  provided in s. 202.11.
  314         (II) If the sale or recharge of the prepaid calling
  315  arrangement does not take place at the dealer’s place of
  316  business, it shall be deemed to have taken place at the
  317  customer’s shipping address or, if no item is shipped, at the
  318  customer’s address or the location associated with the
  319  customer’s mobile telephone number.
  320         (III) The sale or recharge of a prepaid calling arrangement
  321  shall be treated as a sale of tangible personal property for
  322  purposes of this chapter, regardless of whether a tangible item
  323  evidencing such arrangement is furnished to the purchaser, and
  324  such sale within this state subjects the selling dealer to the
  325  jurisdiction of this state for purposes of this subsection.
  326         (IV) No additional tax under this chapter or chapter 202 is
  327  due or payable if a purchaser of a prepaid calling arrangement
  328  who has paid tax under this chapter on the sale or recharge of
  329  such arrangement applies one or more units of the prepaid
  330  calling arrangement to obtain communications services as
  331  described in s. 202.11(9)(b)3., other services that are not
  332  communications services, or products.
  333         b. The installation of telecommunication and telegraphic
  334  equipment.
  335         c. Electrical power or energy, except that the tax rate for
  336  charges for electrical power or energy is 4.35 percent. Charges
  337  for electrical power and energy do not include taxes imposed
  338  under ss. 166.231 and 203.01(1)(a)3.
  339         2. Section 212.17(3), regarding credit for tax paid on
  340  charges subsequently found to be worthless, is equally
  341  applicable to any tax paid under this section on charges for
  342  prepaid calling arrangements, telecommunication or telegraph
  343  services, or electric power subsequently found to be
  344  uncollectible. As used in this paragraph, the term “charges”
  345  does not include any excise or similar tax levied by the Federal
  346  Government, a political subdivision of this state, or a
  347  municipality upon the purchase, sale, or recharge of prepaid
  348  calling arrangements or upon the purchase or sale of
  349  telecommunication, television system program, or telegraph
  350  service or electric power, which tax is collected by the seller
  351  from the purchaser.
  352         (f) At the rate of 6 percent on the sale, rental, use,
  353  consumption, or storage for use in this state of machines and
  354  equipment, and parts and accessories therefor, used in
  355  manufacturing, processing, compounding, producing, mining, or
  356  quarrying personal property for sale or to be used in furnishing
  357  communications, transportation, or public utility services.
  358         (g)1. At the rate of 6 percent on the retail price of
  359  newspapers and magazines sold or used in Florida.
  360         2. Notwithstanding other provisions of this chapter,
  361  inserts of printed materials which are distributed with a
  362  newspaper or magazine are a component part of the newspaper or
  363  magazine, and neither the sale nor use of such inserts is
  364  subject to tax when:
  365         a. Printed by a newspaper or magazine publisher or
  366  commercial printer and distributed as a component part of a
  367  newspaper or magazine, which means that the items after being
  368  printed are delivered directly to a newspaper or magazine
  369  publisher by the printer for inclusion in editions of the
  370  distributed newspaper or magazine;
  371         b. Such publications are labeled as part of the designated
  372  newspaper or magazine publication into which they are to be
  373  inserted; and
  374         c. The purchaser of the insert presents a resale
  375  certificate to the vendor stating that the inserts are to be
  376  distributed as a component part of a newspaper or magazine.
  377         (h)1. A tax is imposed at the rate of 4 percent on the
  378  charges for the use of coin-operated amusement machines. The tax
  379  shall be calculated by dividing the gross receipts from such
  380  charges for the applicable reporting period by a divisor,
  381  determined as provided in this subparagraph, to compute gross
  382  taxable sales, and then subtracting gross taxable sales from
  383  gross receipts to arrive at the amount of tax due. For counties
  384  that do not impose a discretionary sales surtax, the divisor is
  385  equal to 1.04; for counties that impose a 0.5 percent
  386  discretionary sales surtax, the divisor is equal to 1.045; for
  387  counties that impose a 1 percent discretionary sales surtax, the
  388  divisor is equal to 1.050; and for counties that impose a 2
  389  percent sales surtax, the divisor is equal to 1.060. If a county
  390  imposes a discretionary sales surtax that is not listed in this
  391  subparagraph, the department shall make the applicable divisor
  392  available in an electronic format or otherwise. Additional
  393  divisors shall bear the same mathematical relationship to the
  394  next higher and next lower divisors as the new surtax rate bears
  395  to the next higher and next lower surtax rates for which
  396  divisors have been established. When a machine is activated by a
  397  slug, token, coupon, or any similar device which has been
  398  purchased, the tax is on the price paid by the user of the
  399  device for such device.
  400         2. As used in this paragraph, the term “operator” means any
  401  person who possesses a coin-operated amusement machine for the
  402  purpose of generating sales through that machine and who is
  403  responsible for removing the receipts from the machine.
  404         a. If the owner of the machine is also the operator of it,
  405  he or she shall be liable for payment of the tax without any
  406  deduction for rent or a license fee paid to a location owner for
  407  the use of any real property on which the machine is located.
  408         b. If the owner or lessee of the machine is also its
  409  operator, he or she shall be liable for payment of the tax on
  410  the purchase or lease of the machine, as well as the tax on
  411  sales generated through the machine.
  412         c. If the proprietor of the business where the machine is
  413  located does not own the machine, he or she shall be deemed to
  414  be the lessee and operator of the machine and is responsible for
  415  the payment of the tax on sales, unless such responsibility is
  416  otherwise provided for in a written agreement between him or her
  417  and the machine owner.
  418         3.a. An operator of a coin-operated amusement machine may
  419  not operate or cause to be operated in this state any such
  420  machine until the operator has registered with the department
  421  and has conspicuously displayed an identifying certificate
  422  issued by the department. The identifying certificate shall be
  423  issued by the department upon application from the operator. The
  424  identifying certificate shall include a unique number, and the
  425  certificate shall be permanently marked with the operator’s
  426  name, the operator’s sales tax number, and the maximum number of
  427  machines to be operated under the certificate. An identifying
  428  certificate shall not be transferred from one operator to
  429  another. The identifying certificate must be conspicuously
  430  displayed on the premises where the coin-operated amusement
  431  machines are being operated.
  432         b. The operator of the machine must obtain an identifying
  433  certificate before the machine is first operated in the state
  434  and by July 1 of each year thereafter. The annual fee for each
  435  certificate shall be based on the number of machines identified
  436  on the application times $30 and is due and payable upon
  437  application for the identifying device. The application shall
  438  contain the operator’s name, sales tax number, business address
  439  where the machines are being operated, and the number of
  440  machines in operation at that place of business by the operator.
  441  No operator may operate more machines than are listed on the
  442  certificate. A new certificate is required if more machines are
  443  being operated at that location than are listed on the
  444  certificate. The fee for the new certificate shall be based on
  445  the number of additional machines identified on the application
  446  form times $30.
  447         c. A penalty of $250 per machine is imposed on the operator
  448  for failing to properly obtain and display the required
  449  identifying certificate. A penalty of $250 is imposed on the
  450  lessee of any machine placed in a place of business without a
  451  proper current identifying certificate. Such penalties shall
  452  apply in addition to all other applicable taxes, interest, and
  453  penalties.
  454         d. Operators of coin-operated amusement machines must
  455  obtain a separate sales and use tax certificate of registration
  456  for each county in which such machines are located. One sales
  457  and use tax certificate of registration is sufficient for all of
  458  the operator’s machines within a single county.
  459         4. The provisions of this paragraph do not apply to coin
  460  operated amusement machines owned and operated by churches or
  461  synagogues.
  462         5. In addition to any other penalties imposed by this
  463  chapter, a person who knowingly and willfully violates any
  464  provision of this paragraph commits a misdemeanor of the second
  465  degree, punishable as provided in s. 775.082 or s. 775.083.
  466         6. The department may adopt rules necessary to administer
  467  the provisions of this paragraph.
  468         (i)1. At the rate of 6 percent on charges for all:
  469         a. Detective, burglar protection, and other protection
  470  services (NAICS National Numbers 561611, 561612, 561613, and
  471  561621). Fingerprint services required under s. 790.06 or s.
  472  790.062 are not subject to the tax. Any law enforcement officer,
  473  as defined in s. 943.10, who is performing approved duties as
  474  determined by his or her local law enforcement agency in his or
  475  her capacity as a law enforcement officer, and who is subject to
  476  the direct and immediate command of his or her law enforcement
  477  agency, and in the law enforcement officer’s uniform as
  478  authorized by his or her law enforcement agency, is performing
  479  law enforcement and public safety services and is not performing
  480  detective, burglar protection, or other protective services, if
  481  the law enforcement officer is performing his or her approved
  482  duties in a geographical area in which the law enforcement
  483  officer has arrest jurisdiction. Such law enforcement and public
  484  safety services are not subject to tax irrespective of whether
  485  the duty is characterized as “extra duty,” “off-duty,” or
  486  “secondary employment,” and irrespective of whether the officer
  487  is paid directly or through the officer’s agency by an outside
  488  source. The term “law enforcement officer” includes full-time or
  489  part-time law enforcement officers, and any auxiliary law
  490  enforcement officer, when such auxiliary law enforcement officer
  491  is working under the direct supervision of a full-time or part
  492  time law enforcement officer.
  493         b. Nonresidential cleaning, excluding cleaning of the
  494  interiors of transportation equipment, and nonresidential
  495  building pest control services (NAICS National Numbers 561710
  496  and 561720).
  497         2. As used in this paragraph, “NAICS” means those
  498  classifications contained in the North American Industry
  499  Classification System, as published in 2007 by the Office of
  500  Management and Budget, Executive Office of the President.
  501         3. Charges for detective, burglar protection, and other
  502  protection security services performed in this state but used
  503  outside this state are exempt from taxation. Charges for
  504  detective, burglar protection, and other protection security
  505  services performed outside this state and used in this state are
  506  subject to tax.
  507         4. If a transaction involves both the sale or use of a
  508  service taxable under this paragraph and the sale or use of a
  509  service or any other item not taxable under this chapter, the
  510  consideration paid must be separately identified and stated with
  511  respect to the taxable and exempt portions of the transaction or
  512  the entire transaction shall be presumed taxable. The burden
  513  shall be on the seller of the service or the purchaser of the
  514  service, whichever applicable, to overcome this presumption by
  515  providing documentary evidence as to which portion of the
  516  transaction is exempt from tax. The department is authorized to
  517  adjust the amount of consideration identified as the taxable and
  518  exempt portions of the transaction; however, a determination
  519  that the taxable and exempt portions are inaccurately stated and
  520  that the adjustment is applicable must be supported by
  521  substantial competent evidence.
  522         5. Each seller of services subject to sales tax pursuant to
  523  this paragraph shall maintain a monthly log showing each
  524  transaction for which sales tax was not collected because the
  525  services meet the requirements of subparagraph 3. for out-of
  526  state use. The log must identify the purchaser’s name, location
  527  and mailing address, and federal employer identification number,
  528  if a business, or the social security number, if an individual,
  529  the service sold, the price of the service, the date of sale,
  530  the reason for the exemption, and the sales invoice number. The
  531  monthly log shall be maintained pursuant to the same
  532  requirements and subject to the same penalties imposed for the
  533  keeping of similar records pursuant to this chapter.
  534         (j)1. Notwithstanding any other provision of this chapter,
  535  there is hereby levied a tax on the sale, use, consumption, or
  536  storage for use in this state of any coin or currency, whether
  537  in circulation or not, when such coin or currency:
  538         a. Is not legal tender;
  539         b. If legal tender, is sold, exchanged, or traded at a rate
  540  in excess of its face value; or
  541         c. Is sold, exchanged, or traded at a rate based on its
  542  precious metal content.
  543         2. Such tax shall be at a rate of 6 percent of the price at
  544  which the coin or currency is sold, exchanged, or traded, except
  545  that, with respect to a coin or currency which is legal tender
  546  of the United States and which is sold, exchanged, or traded,
  547  such tax shall not be levied.
  548         3. There are exempt from this tax exchanges of coins or
  549  currency which are in general circulation in, and legal tender
  550  of, one nation for coins or currency which are in general
  551  circulation in, and legal tender of, another nation when
  552  exchanged solely for use as legal tender and at an exchange rate
  553  based on the relative value of each as a medium of exchange.
  554         4. With respect to any transaction that involves the sale
  555  of coins or currency taxable under this paragraph in which the
  556  taxable amount represented by the sale of such coins or currency
  557  exceeds $500, the entire amount represented by the sale of such
  558  coins or currency is exempt from the tax imposed under this
  559  paragraph. The dealer must maintain proper documentation, as
  560  prescribed by rule of the department, to identify that portion
  561  of a transaction which involves the sale of coins or currency
  562  and is exempt under this subparagraph.
  563         (k) At the rate of 6 percent of the sales price of each
  564  gallon of diesel fuel not taxed under chapter 206 purchased for
  565  use in a vessel, except dyed diesel fuel that is exempt pursuant
  566  to s. 212.08(4)(a)4.
  567         (l) Florists located in this state are liable for sales tax
  568  on sales to retail customers regardless of where or by whom the
  569  items sold are to be delivered. Florists located in this state
  570  are not liable for sales tax on payments received from other
  571  florists for items delivered to customers in this state.
  572         (m) Operators of game concessions or other concessionaires
  573  who customarily award tangible personal property as prizes may,
  574  in lieu of paying tax on the cost price of such property, pay
  575  tax on 25 percent of the gross receipts from such concession
  576  activity.
  577         (2) The tax shall be collected by the dealer, as defined
  578  herein, and remitted by the dealer to the state at the time and
  579  in the manner as hereinafter provided.
  580         (3) The tax so levied is in addition to all other taxes,
  581  whether levied in the form of excise, license, or privilege
  582  taxes, and in addition to all other fees and taxes levied.
  583         (4) The tax imposed pursuant to this chapter shall be due
  584  and payable according to the brackets set forth in s. 212.12.
  585         (5) Notwithstanding any other provision of this chapter,
  586  the maximum amount of tax imposed under this chapter and
  587  collected on each sale or use of a boat in this state may not
  588  exceed $18,000 and on each repair of a boat in this state may
  589  not exceed $60,000.
  590         Section 3. Section 212.0596, Florida Statutes, is amended
  591  to read:
  592         (Substantial rewording of section. See
  593         s. 212.0596, F.S., for present text.)
  594         212.0596Taxation of remote sales.
  595         (1) As used in this chapter, the term:
  596         (a) “Remote sale” means a retail sale of tangible personal
  597  property ordered by mail, telephone, the Internet, or other
  598  means of communication from a person who receives the order
  599  outside of this state and transports the property or causes the
  600  property to be transported from any jurisdiction, including this
  601  state, to a location in this state. For purposes of this
  602  paragraph, tangible personal property delivered to a location
  603  within this state is presumed to be used, consumed, distributed,
  604  or stored to be used or consumed in this state.
  605         (b) “Substantial number of remote sales” means any number
  606  of taxable remote sales in the previous calendar year in which
  607  the sum of the sales prices, as defined in s. 212.02(16),
  608  exceeded $100,000.
  609         (2) Every person making a substantial number of remote
  610  sales is a dealer for purposes of this chapter.
  611         (3) The department may establish by rule procedures for
  612  collecting the use tax from unregistered persons who but for
  613  their remote purchases would not be required to remit sales or
  614  use tax directly to the department. The procedures may provide
  615  for waiver of registration, provisions for irregular remittance
  616  of tax, elimination of the collection allowance, and
  617  nonapplication of local option surtaxes.
  618         Section 4. Section 212.05965, Florida Statutes, is created
  619  to read:
  620         212.05965Taxation of marketplace sales.—
  621         (1) As used in this chapter, the term:
  622         (a)Marketplace” means any physical place or electronic
  623  medium through which tangible personal property is offered for
  624  sale.
  625         (b)Marketplace provider” means a person who facilitates a
  626  retail sale by a marketplace seller by listing or advertising
  627  for sale by the marketplace seller tangible personal property in
  628  a marketplace and who directly, or indirectly through agreements
  629  or arrangements with third parties, collects payment from the
  630  customer and transmits all or part of the payment to the
  631  marketplace seller, regardless of whether the marketplace
  632  provider receives compensation or other consideration in
  633  exchange for its services.
  634         1.The term does not include a person who solely provides
  635  travel agency services. As used in this subparagraph, the term
  636  “travel agency services” means arranging, booking, or otherwise
  637  facilitating for a commission, fee, or other consideration
  638  vacation or travel packages, rental cars, or other travel
  639  reservations; tickets for domestic or foreign travel by air,
  640  rail, ship, bus, or other mode of transportation; or hotel or
  641  other lodging accommodations.
  642         2.The term does not include a person who is a delivery
  643  network company unless the delivery network company is a
  644  registered dealer for purposes of this chapter and the delivery
  645  network company notifies all local merchants that sell through
  646  the delivery network company’s website or mobile application
  647  that the delivery network company is subject to the requirements
  648  of a marketplace provider under this section. As used in this
  649  subparagraph, the term:
  650         a.“Delivery network company” means a person who maintains
  651  a website or mobile application used to facilitate delivery
  652  services, the sale of local products, or both.
  653         b.“Delivery network courier” means a person who provides
  654  delivery services through a delivery network company website or
  655  mobile application using a personal means of transportation,
  656  such as a motor vehicle as defined in s. 320.01(1), bicycle,
  657  scooter, or other similar means of transportation; using public
  658  transportation; or by walking.
  659         c.Delivery services” means the pickup and delivery by a
  660  delivery network courier of one or more local products from a
  661  local merchant to a customer, which may include the selection,
  662  collection, and purchase of the local product in connection with
  663  the delivery. The term does not include any delivery requiring
  664  more than 75 miles of travel from the local merchant to the
  665  customer.
  666         d.“Local merchant” means a kitchen, a restaurant, or a
  667  third-party merchant, including a grocery store, retail store,
  668  convenience store, or business of another type, which is not
  669  under common ownership or control of the delivery network
  670  company.
  671         e.Local product” means any tangible personal property,
  672  including food, but excluding freight, mail, or a package to
  673  which postage has been affixed.
  674         3. The term does not include a payment processor business
  675  that is appointed to handle payment transactions from various
  676  channels, such as charge cards, credit cards, or debit cards,
  677  and whose sole activity with respect to marketplace sales is to
  678  handle payment transactions between two parties.
  679         (c) “Marketplace seller” means a person who has an
  680  agreement with a marketplace provider and who makes retail sales
  681  of tangible personal property through a marketplace owned,
  682  operated, or controlled by the marketplace provider.
  683         (2)A marketplace provider who has a physical presence in
  684  this state or who is making or facilitating through a
  685  marketplace a substantial number of remote sales as defined in
  686  s. 212.0596(1) is a dealer for purposes of this chapter.
  687         (3)A marketplace provider shall certify to its marketplace
  688  sellers that it will collect and remit the tax imposed under
  689  this chapter on taxable retail sales made through the
  690  marketplace. Such certification may be included in the agreement
  691  between the marketplace provider and the marketplace seller.
  692         (4)(a)A marketplace seller may not collect and remit the
  693  tax under this chapter on a taxable retail sale when the sale is
  694  made through the marketplace and the marketplace provider
  695  certifies, as required under subsection (3), that it will
  696  collect and remit such tax. A marketplace seller shall exclude
  697  such sales made through the marketplace from the marketplace
  698  seller’s tax return under s. 212.11.
  699         (b)1.A marketplace seller who has a physical presence in
  700  this state shall register and shall collect and remit the tax
  701  imposed under this chapter on all taxable retail sales made
  702  outside of the marketplace.
  703         2. A marketplace seller making a substantial number of
  704  remote sales as defined in s. 212.0596(1) shall register and
  705  shall collect and remit the tax imposed under this chapter on
  706  all taxable retail sales made outside of the marketplace. For
  707  the purposes of determining whether a marketplace seller made a
  708  substantial number of remote sales, the marketplace seller shall
  709  consider only those sales made outside of the marketplace.
  710         (5)(a)A marketplace provider shall allow the department to
  711  examine and audit its books and records pursuant to s. 212.13.
  712  For retail sales facilitated through a marketplace, the
  713  department may not examine or audit the books and records of
  714  marketplace sellers, nor may the department assess marketplace
  715  sellers except to the extent that the marketplace provider seeks
  716  relief under paragraph (b). The department may examine, audit,
  717  and assess a marketplace seller for retail sales made outside of
  718  the marketplace under paragraph (4)(b).
  719         (b)The marketplace provider is relieved of liability for
  720  the tax on the retail sale and the marketplace seller or
  721  customer is liable for the tax imposed under this chapter if the
  722  marketplace provider demonstrates to the department’s
  723  satisfaction that the marketplace provider made a reasonable
  724  effort to obtain accurate information related to the retail
  725  sales facilitated through the marketplace from the marketplace
  726  seller, but that the failure to collect and pay the correct
  727  amount of tax imposed under this chapter was due to the
  728  provision of incorrect or incomplete information to the
  729  marketplace provider by the marketplace seller. This paragraph
  730  does not apply to a retail sale for which the marketplace
  731  provider is the seller if the marketplace provider and the
  732  marketplace seller are related parties or if transactions
  733  between a marketplace seller and marketplace buyer are not
  734  conducted at arm’s length.
  735         (6)For purposes of registration pursuant to s. 212.18, a
  736  marketplace is deemed a separate place of business.
  737         (7)A marketplace provider and a marketplace seller may
  738  agree by contract or otherwise that if a marketplace provider
  739  pays the tax imposed under this chapter on a retail sale
  740  facilitated through a marketplace for a marketplace seller as a
  741  result of an audit or otherwise, the marketplace provider has
  742  the right to recover such tax and any associated interest and
  743  penalties from the marketplace seller.
  744         (8)This section may not be construed to authorize the
  745  state to collect sales tax from both the marketplace provider
  746  and the marketplace seller on the same retail sale.
  747         (9)Chapter 213 applies to the administration of this
  748  section to the extent that chapter does not conflict with this
  749  section.
  750         Section 5. Effective April 1, 2022, subsections (10) and
  751  (11) are added to section 212.05965, Florida Statutes, as
  752  created by this act, to read:
  753         212.05965 Taxation of marketplace sales.—
  754         (10) Notwithstanding any other law, the marketplace
  755  provider is also responsible for collecting and remitting any
  756  prepaid wireless E911 fee under s. 365.172, waste tire fee under
  757  s. 403.718, and lead-acid battery fee under s. 403.7185 at the
  758  time of sale for taxable retail sales made through its
  759  marketplace.
  760         (11) The marketplace provider and the marketplace seller
  761  may contractually agree to have the marketplace seller collect
  762  and remit all applicable taxes and fees if the marketplace
  763  seller:
  764         (a) Has annual U.S. gross sales of more than $1 billion,
  765  including the gross sales of any related entities, and in the
  766  case of franchised entities, including the combined sales of all
  767  franchisees of a single franchisor;
  768         (b) Provides evidence to the marketplace provider that it
  769  is registered under s. 212.18; and
  770         (c) Notifies the department in a manner prescribed by the
  771  department that the marketplace seller will collect and remit
  772  all applicable taxes and fees on its sales through the
  773  marketplace and is liable for failure to collect or remit
  774  applicable taxes and fees on its sales.
  775         Section 6. Paragraph (c) of subsection (2) and paragraph
  776  (a) of subsection (5) of section 212.06, Florida Statutes, are
  777  amended to read:
  778         212.06 Sales, storage, use tax; collectible from dealers;
  779  “dealer” defined; dealers to collect from purchasers;
  780  legislative intent as to scope of tax.—
  781         (2)
  782         (c) The term “dealer” is further defined to mean every
  783  person, as used in this chapter, who sells at retail or who
  784  offers for sale at retail, or who has in his or her possession
  785  for sale at retail; or for use, consumption, or distribution; or
  786  for storage to be used or consumed in this state, tangible
  787  personal property as defined herein, including a retailer who
  788  transacts a substantial number of remote sales or a person who
  789  is a marketplace provider making or facilitating a substantial
  790  number of remote sales mail order sale.
  791         (5)(a)1. Except as provided in subparagraph 2., it is not
  792  the intention of this chapter to levy a tax upon tangible
  793  personal property imported, produced, or manufactured in this
  794  state for export, provided that tangible personal property may
  795  not be considered as being imported, produced, or manufactured
  796  for export unless the importer, producer, or manufacturer
  797  delivers the same to a licensed exporter for exporting or to a
  798  common carrier for shipment outside the state or mails the same
  799  by United States mail to a destination outside the state; or, in
  800  the case of aircraft being exported under their own power to a
  801  destination outside the continental limits of the United States,
  802  by submission to the department of a duly signed and validated
  803  United States customs declaration, showing the departure of the
  804  aircraft from the continental United States; and further with
  805  respect to aircraft, the canceled United States registry of said
  806  aircraft; or in the case of parts and equipment installed on
  807  aircraft of foreign registry, by submission to the department of
  808  documentation, the extent of which shall be provided by rule,
  809  showing the departure of the aircraft from the continental
  810  United States; nor is it the intention of this chapter to levy a
  811  tax on any sale which the state is prohibited from taxing under
  812  the Constitution or laws of the United States. Every retail sale
  813  made to a person physically present at the time of sale shall be
  814  presumed to have been delivered in this state.
  815         2.a. Notwithstanding subparagraph 1., a tax is levied on
  816  each sale of tangible personal property to be transported to a
  817  cooperating state as defined in sub-subparagraph c., at the rate
  818  specified in sub-subparagraph d. However, a Florida dealer will
  819  be relieved from the requirements of collecting taxes pursuant
  820  to this subparagraph if the Florida dealer obtains from the
  821  purchaser an affidavit setting forth the purchaser’s name,
  822  address, state taxpayer identification number, and a statement
  823  that the purchaser is aware of his or her state’s use tax laws,
  824  is a registered dealer in Florida or another state, or is
  825  purchasing the tangible personal property for resale or is
  826  otherwise not required to pay the tax on the transaction. The
  827  department may, by rule, provide a form to be used for the
  828  purposes set forth herein.
  829         b. For purposes of this subparagraph, “a cooperating state”
  830  is one determined by the executive director of the department to
  831  cooperate satisfactorily with this state in collecting taxes on
  832  remote mail order sales. No state shall be so determined unless
  833  it meets all the following minimum requirements:
  834         (I) It levies and collects taxes on remote mail order sales
  835  of property transported from that state to persons in this
  836  state, as described in s. 212.0596, upon request of the
  837  department.
  838         (II) The tax so collected shall be at the rate specified in
  839  s. 212.05, not including any local option or tourist or
  840  convention development taxes collected pursuant to s. 125.0104
  841  or this chapter.
  842         (III) Such state agrees to remit to the department all
  843  taxes so collected no later than 30 days from the last day of
  844  the calendar quarter following their collection.
  845         (IV) Such state authorizes the department to audit dealers
  846  within its jurisdiction who make remote mail order sales that
  847  are the subject of s. 212.0596, or makes arrangements deemed
  848  adequate by the department for auditing them with its own
  849  personnel.
  850         (V) Such state agrees to provide to the department records
  851  obtained by it from retailers or dealers in such state showing
  852  delivery of tangible personal property into this state upon
  853  which no sales or use tax has been paid in a manner similar to
  854  that provided in sub-subparagraph g.
  855         c. For purposes of this subparagraph, “sales of tangible
  856  personal property to be transported to a cooperating state”
  857  means remote mail order sales to a person who is in the
  858  cooperating state at the time the order is executed, from a
  859  dealer who receives that order in this state.
  860         d. The tax levied by sub-subparagraph a. shall be at the
  861  rate at which such a sale would have been taxed pursuant to the
  862  cooperating state’s tax laws if consummated in the cooperating
  863  state by a dealer and a purchaser, both of whom were physically
  864  present in that state at the time of the sale.
  865         e. The tax levied by sub-subparagraph a., when collected,
  866  shall be held in the State Treasury in trust for the benefit of
  867  the cooperating state and shall be paid to it at a time agreed
  868  upon between the department, acting for this state, and the
  869  cooperating state or the department or agency designated by it
  870  to act for it; however, such payment shall in no event be made
  871  later than 30 days from the last day of the calendar quarter
  872  after the tax was collected. Funds held in trust for the benefit
  873  of a cooperating state shall not be subject to the service
  874  charges imposed by s. 215.20.
  875         f. The department is authorized to perform such acts and to
  876  provide such cooperation to a cooperating state with reference
  877  to the tax levied by sub-subparagraph a. as is required of the
  878  cooperating state by sub-subparagraph b.
  879         g. In furtherance of this act, dealers selling tangible
  880  personal property for delivery in another state shall make
  881  available to the department, upon request of the department,
  882  records of all tangible personal property so sold. Such records
  883  shall include a description of the property, the name and
  884  address of the purchaser, the name and address of the person to
  885  whom the property was sent, the purchase price of the property,
  886  information regarding whether sales tax was paid in this state
  887  on the purchase price, and such other information as the
  888  department may by rule prescribe.
  889         Section 7. Paragraph (a) of subsection (1) and paragraph
  890  (a) of subsection (5) of section 212.12, Florida Statutes, are
  891  amended to read:
  892         212.12 Dealer’s credit for collecting tax; penalties for
  893  noncompliance; powers of Department of Revenue in dealing with
  894  delinquents; brackets applicable to taxable transactions;
  895  records required.—
  896         (1)(a)1. Notwithstanding any other law and for the purpose
  897  of compensating persons granting licenses for and the lessors of
  898  real and personal property taxed hereunder, for the purpose of
  899  compensating dealers in tangible personal property, for the
  900  purpose of compensating dealers providing communication services
  901  and taxable services, for the purpose of compensating owners of
  902  places where admissions are collected, and for the purpose of
  903  compensating remitters of any taxes or fees reported on the same
  904  documents utilized for the sales and use tax, as compensation
  905  for the keeping of prescribed records, filing timely tax
  906  returns, and the proper accounting and remitting of taxes by
  907  them, such seller, person, lessor, dealer, owner, and remitter
  908  (except dealers who make mail order sales) who files the return
  909  required pursuant to s. 212.11 only by electronic means and who
  910  pays the amount due on such return only by electronic means
  911  shall be allowed 2.5 percent of the amount of the tax due,
  912  accounted for, and remitted to the department in the form of a
  913  deduction. However, if the amount of the tax due and remitted to
  914  the department by electronic means for the reporting period
  915  exceeds $1,200, an allowance is not allowed for all amounts in
  916  excess of $1,200. For purposes of this paragraph subparagraph,
  917  the term “electronic means” has the same meaning as provided in
  918  s. 213.755(2)(c).
  919         2. The executive director of the department is authorized
  920  to negotiate a collection allowance, pursuant to rules
  921  promulgated by the department, with a dealer who makes mail
  922  order sales. The rules of the department shall provide
  923  guidelines for establishing the collection allowance based upon
  924  the dealer’s estimated costs of collecting the tax, the volume
  925  and value of the dealer’s mail order sales to purchasers in this
  926  state, and the administrative and legal costs and likelihood of
  927  achieving collection of the tax absent the cooperation of the
  928  dealer. However, in no event shall the collection allowance
  929  negotiated by the executive director exceed 10 percent of the
  930  tax remitted for a reporting period.
  931         (5)(a) The department is authorized to audit or inspect the
  932  records and accounts of dealers defined herein, including audits
  933  or inspections of dealers who make remote mail order sales to
  934  the extent permitted by another state, and to correct by credit
  935  any overpayment of tax, and, in the event of a deficiency, an
  936  assessment shall be made and collected. No administrative
  937  finding of fact is necessary prior to the assessment of any tax
  938  deficiency.
  939         Section 8. Paragraph (f) of subsection (3) of section
  940  212.18, Florida Statutes, is amended to read:
  941         212.18 Administration of law; registration of dealers;
  942  rules.—
  943         (3)
  944         (f) As used in this paragraph, the term “exhibitor” means a
  945  person who enters into an agreement authorizing the display of
  946  tangible personal property or services at a convention or a
  947  trade show. The following provisions apply to the registration
  948  of exhibitors as dealers under this chapter:
  949         1. An exhibitor whose agreement prohibits the sale of
  950  tangible personal property or services subject to the tax
  951  imposed in this chapter is not required to register as a dealer.
  952         2. An exhibitor whose agreement provides for the sale at
  953  wholesale only of tangible personal property or services subject
  954  to the tax imposed by this chapter must obtain a resale
  955  certificate from the purchasing dealer but is not required to
  956  register as a dealer.
  957         3. An exhibitor whose agreement authorizes the retail sale
  958  of tangible personal property or services subject to the tax
  959  imposed by this chapter must register as a dealer and collect
  960  the tax on such sales.
  961         4. An exhibitor who makes a remote mail order sale pursuant
  962  to s. 212.0596 must register as a dealer.
  964  A person who conducts a convention or a trade show must make his
  965  or her exhibitor’s agreements available to the department for
  966  inspection and copying.
  967         Section 9. Subsection (4) of section 212.20, Florida
  968  Statutes, is amended to read:
  969         212.20 Funds collected, disposition; additional powers of
  970  department; operational expense; refund of taxes adjudicated
  971  unconstitutionally collected.—
  972         (4) When there has been a final adjudication that any tax
  973  pursuant to s. 212.0596 or s. 212.05965 was levied, collected,
  974  or both, contrary to the Constitution of the United States or
  975  the State Constitution, the department shall, in accordance with
  976  rules, determine, based upon claims for refund and other
  977  evidence and information, who paid such tax or taxes, and refund
  978  to each such person the amount of tax paid. For purposes of this
  979  subsection, a “final adjudication” is a decision of a court of
  980  competent jurisdiction from which no appeal can be taken or from
  981  which the official or officials of this state with authority to
  982  make such decisions has or have decided not to appeal.
  983         Section 10. Subsection (5) of section 213.27, Florida
  984  Statutes, is amended to read:
  985         213.27 Contracts with debt collection agencies and certain
  986  vendors.—
  987         (5) The department may, for the purpose of ascertaining the
  988  amount of or collecting any taxes due from a person making or
  989  facilitating remote sales under s. 212.0596 or s. 212.05965
  990  doing mail order business in this state, contract with any
  991  auditing agency doing business within or without this state for
  992  the purpose of conducting an audit of such person mail order
  993  business; however, such audit agency may not conduct an audit on
  994  behalf of the department of any person domiciled in this state,
  995  person registered for sales and use tax purposes in this state,
  996  or corporation filing a Florida corporate tax return, if any
  997  such person or corporation objects to such audit in writing to
  998  the department and the auditing agency. The department shall
  999  notify the taxpayer by mail at least 30 days before the
 1000  department assigns the collection of such taxes.
 1001         Section 11. This act first applies to remote sales made or
 1002  facilitated on or after July 1, 2021, by a person who made or
 1003  facilitated a substantial number of remote sales in calendar
 1004  year 2020.
 1005         Section 12. (1)Upon registration with the Department of
 1006  Revenue, a person subject to the requirements of this act to
 1007  collect and remit the tax under chapter 212, Florida Statutes,
 1008  on remote sales is relieved of liability for tax, penalty, and
 1009  interest due on remote sales that occurred before the effective
 1010  date of this act, including a person who is found by the
 1011  Department of Revenue to have had a physical presence in this
 1012  state before the effective date of this act. This subsection is
 1013  also intended to provide relief to a marketplace seller for
 1014  sales made before the effective date of this act which were
 1015  facilitated by a marketplace provider. For a marketplace
 1016  provider with a physical presence in this state, this subsection
 1017  is intended to provide relief only for sales facilitated by the
 1018  marketplace provider on behalf of a marketplace seller.
 1019         (2)A person who owes use tax under chapter 212, Florida
 1020  Statutes, on the purchase of tangible personal property ordered
 1021  by remote sale that was conducted before the effective date of
 1022  this act is relieved of liability for tax, penalty, and interest
 1023  due. This subsection does not apply to the use tax liability of
 1024  a registered dealer.
 1025         (3)This section does not establish a right to a refund of
 1026  taxes already paid.
 1027         Section 13. (1) The Department of Revenue is authorized,
 1028  and all conditions are deemed met, to adopt emergency rules
 1029  pursuant to s. 120.54(4), Florida Statutes, for the purpose of
 1030  administering this act.
 1031         (2) Notwithstanding any other law, emergency rules adopted
 1032  pursuant to subsection (1) are effective for 6 months after
 1033  adoption and may be renewed during the pendency of procedures to
 1034  adopt permanent rules addressing the subject of the emergency
 1035  rules.
 1036         (3) This section shall take effect upon this act becoming a
 1037  law and expires July 1, 2022.
 1038         Section 14. If any provision of this act or its application
 1039  to any person or circumstance is held invalid, the invalidity
 1040  does not affect other provisions or applications of the act
 1041  which can be given effect without the invalid provision or
 1042  application, and to this end the provisions of this act are
 1043  severable.
 1044         Section 15. Except as otherwise expressly provided in this
 1045  act and except for this section, which shall take effect upon
 1046  this act becoming a law, this act shall take effect July 1,
 1047  2021.