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Bill No. PCS for CS/HB 15 (2021), Amendment No. 4 — Commerce Committee

Summary

Committee/Subcommittee Amendment No. 4 to Bill No. PCS for CS/HB 15 (2021), offered by Representative Tomkow for the Commerce Committee hearing, described as an amendment with title amendment. It removes lines 1471-1473 and inserts text providing that all other proceeds must remain in the General Revenue Fund. A new Section 14 amends paragraphs (c) and (d) of subsection (1) of section 212.031, Florida Statutes, on the tax on rental or license fee for use of real property, effective on the first day of the second month following a repeal. The title amendment inserts language on reducing the tax rate on the rental or license fee for use of real property.

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“Bill No. PCS for CS/HB 15 (2021), Amendment No. 4 — Commerce Committee.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3098-commerce-committee-proposed-committee-bill-amendments-fn-pcs-3dfc240fdc/, SHA-256 0914f00e666570e5e308362922122b4e336e5e6aa6d6e9938ea59389953b2afd.

Full text

                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 15     (2021)
       Amendment No. 4




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Commerce Committee
2      Representative Tomkow offered the following:
3
4           Amendment (with title amendment)
5           Remove lines 1471-1473 and insert:
6           subparagraph (III).
7           7. All other proceeds must remain in the General Revenue
8      Fund.
9           Section 14.   Effective on the first day of the second month
10     following the repeal of sub-subparagraph 212.20(6)(d)6.h.,
11     Florida Statutes, by its terms, paragraphs (c) and (d) of
12     subsection (1) of section 212.031, Florida Statutes, are amended
13     to read:
14          212.031   Tax on rental or license fee for use of real
15     property.—
16          (1)
     PCS for CSHB 15 a4
     Published On: 3/29/2021 3:44:22 PM
                                   Page 1 of 3
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                         Bill No. PCS for CS/HB 15   (2021)
       Amendment No. 4


17          (c)    For the exercise of such privilege, a tax is levied at
18     the rate of 2.0 5.5 percent of and on the total rent or license
19     fee charged for such real property by the person charging or
20     collecting the rental or license fee. The total rent or license
21     fee charged for such real property shall include payments for
22     the granting of a privilege to use or occupy real property for
23     any purpose and shall include base rent, percentage rents, or
24     similar charges. Such charges shall be included in the total
25     rent or license fee subject to tax under this section whether or
26     not they can be attributed to the ability of the lessor's or
27     licensor's property as used or operated to attract customers.
28     Payments for intrinsically valuable personal property such as
29     franchises, trademarks, service marks, logos, or patents are not
30     subject to tax under this section. In the case of a contractual
31     arrangement that provides for both payments taxable as total
32     rent or license fee and payments not subject to tax, the tax
33     shall be based on a reasonable allocation of such payments and
34     shall not apply to that portion which is for the nontaxable
35     payments.
36          (d)    If the rental or license fee of any such real property
37     is paid by way of property, goods, wares, merchandise, services,
38     or other thing of value, the tax shall be at the rate of 2.0 5.5
39     percent of the value of the property, goods, wares, merchandise,
40     services, or other thing of value.
41
     PCS for CSHB 15 a4
     Published On: 3/29/2021 3:44:22 PM
                                    Page 2 of 3
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 15    (2021)
       Amendment No. 4


42
43           -----------------------------------------------------
44                        T I T L E   A M E N D M E N T
45          Between lines 81 and 82, insert:
46     amending s. 212.031, Florida Statutes; reducing the tax rate on
47     the rental or license fee for use of real property effective
48     upon the cessation of distributions to a specified trust fund
49     under s. 212.20(6)(d)6.h., Florida Statutes;




     PCS for CSHB 15 a4
     Published On: 3/29/2021 3:44:22 PM
                                  Page 3 of 3

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