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PCS for CS/HB 15 (2021) — An act relating to taxation

Summary

A proposed committee substitute, PCS for CS/HB 15 ORIGINAL, of 2021, a bill to be entitled an act relating to taxation. The bill revises the definition of "retail sale" to include sales facilitated through a marketplace and amends sections 212.02, 212.05, 212.054 and 212.0596 on marketplace providers, remote sales and the discretionary sales surtax. It creates section 212.05965 on marketplace providers and marketplace sellers, with Department of Revenue examination and audit authority, and later sections include an appropriation of $353,000 in nonrecurring funds from the General Revenue Fund to the Department of Revenue. Section 28 is a severability clause and Section 29 sets the effective date.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“PCS for CS/HB 15 (2021) — An act relating to taxation.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3098-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-1bfe6740a5/, SHA-256 c1d654c57668985be848ada48d81f15e3440b8cb19b0414ce4b57fe659fff36e.

Full text

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           PCS for CS/HB 15                           ORIGINAL                                                  2021




    1                                         A bill to be entitled
    2              An act relating to taxation; providing a short title;
    3              amending s. 212.02, F.S.; revising the definition of
    4              the term "retail sale" to include sales facilitated
    5              through a marketplace; conforming a provision to
    6              changes made by the act; amending s. 212.05, F.S.;
    7              conforming provisions to changes made by the act;
    8              amending s. 212.054, F.S.; requiring marketplace
    9              providers and persons located outside of this state to
10                 remit discretionary sales surtax when delivering
11                 tangible personal property to a county imposing a
12                 surtax; amending s. 212.0596, F.S.; replacing
13                 provisions relating to the taxation of mail order
14                 sales with provisions relating to the taxation of
15                 remote sales; defining the terms "remote sale" and
16                 "substantial number of remote sales"; providing that
17                 every person making a substantial number of remote
18                 sales is a dealer for purposes of the sales and use
19                 tax; authorizing the Department of Revenue to adopt
20                 rules for collecting use taxes from unregistered
21                 persons; requiring marketplace providers and persons
22                 required to report remote sales to remit discretionary
23                 sales surtax when delivering tangible personal
24                 property to a county imposing a surtax; creating s.
25                 212.05965, F.S.; defining terms; providing that

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        PCS for CS/HB 15                           ORIGINAL                                                  2021




26              certain marketplace providers are dealers for purposes
27              of the sales and use tax; requiring certain
28              marketplace providers to provide a certain
29              certification to their marketplace sellers; specifying
30              requirements for marketplace sellers; requiring
31              certain marketplace providers to allow the Department
32              of Revenue to examine and audit their books and
33              records; specifying the examination and audit
34              authority of the Department of Revenue; providing that
35              a marketplace seller, rather than the marketplace
36              provider, is liable for sales tax collection and
37              remittance under certain circumstances; authorizing
38              marketplace providers and marketplace sellers to enter
39              into agreements for the recovery of certain taxes,
40              interest, and penalties; providing construction and
41              applicability; amending s. 212.05965, F.S.; requiring
42              marketplace providers to collect and remit certain
43              additional fees at the time of sale; authorizing
44              marketplace providers and marketplace sellers to
45              contractually agree for marketplace sellers to collect
46              applicable taxes and fees; specifying requirements for
47              marketplace sellers who collect such taxes and fees;
48              providing for liability of sellers who fail to collect
49              or remit such taxes and fees; amending s. 212.06,
50              F.S.; revising the definition of the term "dealer";

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        PCS for CS/HB 15                           ORIGINAL                                                  2021




51              conforming provisions to changes made by the act;
52              amending 212.07, F.S.; conforming a cross-reference;
53              amending 212.11, F.S.; requiring certain marketplace
54              providers or persons required to report remote sales
55              to file returns and pay taxes electronically; amending
56              s. 212.12, F.S.; deleting the authority of the
57              Department of Revenue's executive director to
58              negotiate a collection allowance with certain dealers;
59              deleting the requirement that certain sales and use
60              taxes on communications services be collected on the
61              basis of a certain addition; requiring that certain
62              sales and use taxes be calculated based on a specified
63              rounding algorithm, rather than specified brackets;
64              conforming provisions to changes made by the act;
65              amending s. 212.18, F.S.; requiring certain
66              marketplace providers or persons required to report
67              remote sales to file a registration application
68              electronically; conforming a provision to changes made
69              by the act; amending s. 212.20, F.S.; providing
70              applicability of requirements for refund of taxes
71              adjudicated unconstitutionally collected to taxes
72              levied or collected pursuant to marketplace
73              provisions; requiring certain amounts to be deposited
74              into the Unemployment Compensation Trust Fund during
75              specified periods; specifying requirements for the

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




76               Department of Revenue in reducing distributions by
77               certain refund amounts paid out of the General Revenue
78               Fund; requiring the Office of Economic and Demographic
79               Research to certify to the Department of Revenue
80               whether the trust fund balance exceeds a certain
81               amount; providing for contingent future repeal;
82               amending s. 443.1216, F.S.; conforming a cross-
83               reference; amending s. 443.131, F.S.; specifying, at
84               certain periods, multipliers to be applied to employer
85               chargeable benefits for purposes of calculating
86               employer reemployment assistance contribution rates;
87               excluding reemployment benefits paid during a certain
88               timeframe and certain COVID-19-related benefits paid
89               from being included in a variable rate calculation;
90               requiring that contribution rates in certain years be
91               calculated without applying a trust fund positive
92               adjustment factor; excluding reemployment benefits
93               paid during a certain timeframe and certain COVID-19-
94               related benefits paid from being calculated in the
95               noncharge benefits and excess payments adjustment
96               factors; requiring the tax collection service provider
97               to reissue rates for a certain year; specifying
98               requirements for employers and the Department of
99               Revenue; requiring a refund of excess paid amounts
100              under certain circumstances; specifying requirements

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




101              for calculating and assigning contribution rates for
102              certain years; specifying requirements for the
103              Department of Economic Opportunity and the tax
104              collection service provider; providing for contingent
105              future repeal of modified rate calculations;
106              specifying requirements for calculating adjustments to
107              a benefit ratio multiplier; conforming a cross-
108              reference; providing retroactive applicability;
109              amending s. 443.191, F.S.; adding a specified source
110              of revenues to the Unemployment Compensation Trust
111              Fund; amending ss. 212.04 and 212.0506, F.S.;
112              conforming provisions to changes made by the act;
113              amending 213.015, F.S.; conforming a cross-reference;
114              authorizing taxpayers to use one of two methods for
115              calculating sales tax for a specified timeframe
116              providing construction; amending s. 213.27, F.S.;
117              conforming provisions to changes made by the act;
118              reenacting s. 212.055(2)(c), (3)(c), (8)(c), and
119              (9)(c), F.S., relating to discretionary sales
120              surtaxes, to incorporate the amendment made to s.
121              212.054, F.S., in references thereto; providing
122              applicability; providing relief to certain persons for
123              liability for tax, penalty, and interest due on
124              certain remote sales and owed on certain purchases
125              that occurred before a certain date; providing

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




126              applicability; prohibiting the department from using
127              data received from marketplace providers or persons
128              making remote sales for certain purposes; providing
129              applicability; providing construction; authorizing the
130              department to adopt emergency rules; providing for
131              expiration of that authority; authorizing the
132              department to contract with a qualified vendor for
133              certain purposes without using a competitive
134              solicitation process; providing an appropriation;
135              providing for severability; providing effective dates.
136
137              WHEREAS, during the 2020 calendar year, the United States
138      economy was significantly strained by the COVID-19 pandemic, and
139      such economic stress is continuing in the 2021 calendar year and
140      may have impacts in later years, and
141              WHEREAS, the State of Florida was in full lockdown during
142      April 2020 and then began to reopen the Florida economy in a
143      measured manner thereafter, and
144              WHEREAS, the financial strain of lockdowns and reduced
145      economic activity caused some Florida businesses to close
146      permanently and others to terminate portions of their workforce,
147      and
148              WHEREAS, in the 6-month period before April 2020, Florida's
149      average monthly reemployment assistance benefits expense was
150      $27.2 million, and

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




151              WHEREAS, beginning in April 2020, Florida's monthly
152      reemployment assistance benefits expense increased by 800
153      percent over the prior 6-month average, and at times, the
154      increase exceeded 2,000 percent, and
155              WHEREAS, in the current time of recovery, Florida's
156      reemployment assistance benefits expense remains 473 percent
157      over the 6-month average benefit amount before April 2020, and
158      is estimated to continue at elevated levels for the foreseeable
159      future, and
160              WHEREAS, to the fullest extent possible, the Legislature
161      intends to relieve individual Florida businesses of increases in
162      the Reemployment Assistance Tax which are due to increased
163      reemployment assistance benefits resulting from the pandemic,
164      and
165              WHEREAS, the Legislature intends to ensure that the
166      Unemployment Compensation Trust Fund remains solvent for the
167      purposes of providing benefits to Floridians impacted by these
168      extraordinary events, and
169              WHEREAS, the Legislature intends to equalize the tax
170      collection responsibilities of retailers both inside and outside
171      Florida who make sales of taxable items to Florida residents,
172      NOW, THEREFORE,
173
174      Be It Enacted by the Legislature of the State of Florida:
175

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




176              Section 1.         This act may be cited as the "Park Randall
177      'Randy' Miller Act."
178              Section 2.         Paragraph (e) of subsection (14) of section
179      212.02, Florida Statutes, is amended, and paragraph (f) is added
180      to that subsection, to read:
181              212.02       Definitions.—The following terms and phrases when
182      used in this chapter have the meanings ascribed to them in this
183      section, except where the context clearly indicates a different
184      meaning:
185              (14)
186              (e)     The term "retail sale" includes a remote mail order
187      sale, as defined in s. 212.0596(1).
188              (f)     The term "retail sale" includes a sale facilitated
189      through a marketplace as defined in s. 212.05965(1).
190              Section 3.         Section 212.05, Florida Statutes, is amended to
191      read:
192              212.05       Sales, storage, use tax.—It is hereby declared to
193      be the legislative intent that every person is exercising a
194      taxable privilege who engages in the business of selling
195      tangible personal property at retail in this state, including
196      the business of making or facilitating remote mail order sales;,
197      or who rents or furnishes any of the things or services taxable
198      under this chapter;, or who stores for use or consumption in
199      this state any item or article of tangible personal property as
200      defined herein and who leases or rents such property within the

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




201      state.
202              (1)     For the exercise of such privilege, a tax is levied on
203      each taxable transaction or incident, which tax is due and
204      payable as follows:
205              (a)1.a.       At the rate of 6 percent of the sales price of
206      each item or article of tangible personal property when sold at
207      retail in this state, computed on each taxable sale for the
208      purpose of remitting the amount of tax due the state, and
209      including each and every retail sale.
210              b.      Each occasional or isolated sale of an aircraft, boat,
211      mobile home, or motor vehicle of a class or type which is
212      required to be registered, licensed, titled, or documented in
213      this state or by the United States Government shall be subject
214      to tax at the rate provided in this paragraph. The department
215      shall by rule adopt any nationally recognized publication for
216      valuation of used motor vehicles as the reference price list for
217      any used motor vehicle which is required to be licensed pursuant
218      to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
219      party to an occasional or isolated sale of such a vehicle
220      reports to the tax collector a sales price which is less than 80
221      percent of the average loan price for the specified model and
222      year of such vehicle as listed in the most recent reference
223      price list, the tax levied under this paragraph shall be
224      computed by the department on such average loan price unless the
225      parties to the sale have provided to the tax collector an

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




226      affidavit signed by each party, or other substantial proof,
227      stating the actual sales price. Any party to such sale who
228      reports a sales price less than the actual sales price is guilty
229      of a misdemeanor of the first degree, punishable as provided in
230      s. 775.082 or s. 775.083. The department shall collect or
231      attempt to collect from such party any delinquent sales taxes.
232      In addition, such party shall pay any tax due and any penalty
233      and interest assessed plus a penalty equal to twice the amount
234      of the additional tax owed. Notwithstanding any other provision
235      of law, the Department of Revenue may waive or compromise any
236      penalty imposed pursuant to this subparagraph.
237              2.      This paragraph does not apply to the sale of a boat or
238      aircraft by or through a registered dealer under this chapter to
239      a purchaser who, at the time of taking delivery, is a
240      nonresident of this state, does not make his or her permanent
241      place of abode in this state, and is not engaged in carrying on
242      in this state any employment, trade, business, or profession in
243      which the boat or aircraft will be used in this state, or is a
244      corporation none of the officers or directors of which is a
245      resident of, or makes his or her permanent place of abode in,
246      this state, or is a noncorporate entity that has no individual
247      vested with authority to participate in the management,
248      direction, or control of the entity's affairs who is a resident
249      of, or makes his or her permanent abode in, this state. For
250      purposes of this exemption, either a registered dealer acting on

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




251      his or her own behalf as seller, a registered dealer acting as
252      broker on behalf of a seller, or a registered dealer acting as
253      broker on behalf of the purchaser may be deemed to be the
254      selling dealer. This exemption shall not be allowed unless:
255              a.      The purchaser removes a qualifying boat, as described
256      in sub-subparagraph f., from the state within 90 days after the
257      date of purchase or extension, or the purchaser removes a
258      nonqualifying boat or an aircraft from this state within 10 days
259      after the date of purchase or, when the boat or aircraft is
260      repaired or altered, within 20 days after completion of the
261      repairs or alterations; or if the aircraft will be registered in
262      a foreign jurisdiction and:
263              (I)      Application for the aircraft's registration is
264      properly filed with a civil airworthiness authority of a foreign
265      jurisdiction within 10 days after the date of purchase;
266              (II)        The purchaser removes the aircraft from the state to
267      a foreign jurisdiction within 10 days after the date the
268      aircraft is registered by the applicable foreign airworthiness
269      authority; and
270              (III)        The aircraft is operated in the state solely to
271      remove it from the state to a foreign jurisdiction.
272
273      For purposes of this sub-subparagraph, the term "foreign
274      jurisdiction" means any jurisdiction outside of the United
275      States or any of its territories;

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




276              b.      The purchaser, within 90 days from the date of
277      departure, provides the department with written proof that the
278      purchaser licensed, registered, titled, or documented the boat
279      or aircraft outside the state. If such written proof is
280      unavailable, within 90 days the purchaser shall provide proof
281      that the purchaser applied for such license, title,
282      registration, or documentation. The purchaser shall forward to
283      the department proof of title, license, registration, or
284      documentation upon receipt;
285              c.      The purchaser, within 30 days after removing the boat
286      or aircraft from Florida, furnishes the department with proof of
287      removal in the form of receipts for fuel, dockage, slippage,
288      tie-down, or hangaring from outside of Florida. The information
289      so provided must clearly and specifically identify the boat or
290      aircraft;
291              d.      The selling dealer, within 30 days after the date of
292      sale, provides to the department a copy of the sales invoice,
293      closing statement, bills of sale, and the original affidavit
294      signed by the purchaser attesting that he or she has read the
295      provisions of this section;
296              e.      The seller makes a copy of the affidavit a part of his
297      or her record for as long as required by s. 213.35; and
298              f.      Unless the nonresident purchaser of a boat of 5 net
299      tons of admeasurement or larger intends to remove the boat from
300      this state within 10 days after the date of purchase or when the

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




301      boat is repaired or altered, within 20 days after completion of
302      the repairs or alterations, the nonresident purchaser applies to
303      the selling dealer for a decal which authorizes 90 days after
304      the date of purchase for removal of the boat. The nonresident
305      purchaser of a qualifying boat may apply to the selling dealer
306      within 60 days after the date of purchase for an extension decal
307      that authorizes the boat to remain in this state for an
308      additional 90 days, but not more than a total of 180 days,
309      before the nonresident purchaser is required to pay the tax
310      imposed by this chapter. The department is authorized to issue
311      decals in advance to dealers. The number of decals issued in
312      advance to a dealer shall be consistent with the volume of the
313      dealer's past sales of boats which qualify under this sub-
314      subparagraph. The selling dealer or his or her agent shall mark
315      and affix the decals to qualifying boats in the manner
316      prescribed by the department, before delivery of the boat.
317              (I)     The department is hereby authorized to charge dealers
318      a fee sufficient to recover the costs of decals issued, except
319      the extension decal shall cost $425.
320              (II)        The proceeds from the sale of decals will be
321      deposited into the administrative trust fund.
322              (III)       Decals shall display information to identify the
323      boat as a qualifying boat under this sub-subparagraph,
324      including, but not limited to, the decal's date of expiration.
325              (IV)        The department is authorized to require dealers who

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




326      purchase decals to file reports with the department and may
327      prescribe all necessary records by rule. All such records are
328      subject to inspection by the department.
329              (V)     Any dealer or his or her agent who issues a decal
330      falsely, fails to affix a decal, mismarks the expiration date of
331      a decal, or fails to properly account for decals will be
332      considered prima facie to have committed a fraudulent act to
333      evade the tax and will be liable for payment of the tax plus a
334      mandatory penalty of 200 percent of the tax, and shall be liable
335      for fine and punishment as provided by law for a conviction of a
336      misdemeanor of the first degree, as provided in s. 775.082 or s.
337      775.083.
338              (VI)        Any nonresident purchaser of a boat who removes a
339      decal before permanently removing the boat from the state, or
340      defaces, changes, modifies, or alters a decal in a manner
341      affecting its expiration date before its expiration, or who
342      causes or allows the same to be done by another, will be
343      considered prima facie to have committed a fraudulent act to
344      evade the tax and will be liable for payment of the tax plus a
345      mandatory penalty of 200 percent of the tax, and shall be liable
346      for fine and punishment as provided by law for a conviction of a
347      misdemeanor of the first degree, as provided in s. 775.082 or s.
348      775.083.
349              (VII)        The department is authorized to adopt rules
350      necessary to administer and enforce this subparagraph and to

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




351      publish the necessary forms and instructions.
352              (VIII)       The department is hereby authorized to adopt
353      emergency rules pursuant to s. 120.54(4) to administer and
354      enforce the provisions of this subparagraph.
355
356      If the purchaser fails to remove the qualifying boat from this
357      state within the maximum 180 days after purchase or a
358      nonqualifying boat or an aircraft from this state within 10 days
359      after purchase or, when the boat or aircraft is repaired or
360      altered, within 20 days after completion of such repairs or
361      alterations, or permits the boat or aircraft to return to this
362      state within 6 months from the date of departure, except as
363      provided in s. 212.08(7)(fff), or if the purchaser fails to
364      furnish the department with any of the documentation required by
365      this subparagraph within the prescribed time period, the
366      purchaser shall be liable for use tax on the cost price of the
367      boat or aircraft and, in addition thereto, payment of a penalty
368      to the Department of Revenue equal to the tax payable. This
369      penalty shall be in lieu of the penalty imposed by s. 212.12(2).
370      The maximum 180-day period following the sale of a qualifying
371      boat tax-exempt to a nonresident may not be tolled for any
372      reason.
373              (b)     At the rate of 6 percent of the cost price of each
374      item or article of tangible personal property when the same is
375      not sold but is used, consumed, distributed, or stored for use

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




376      or consumption in this state; however, for tangible property
377      originally purchased exempt from tax for use exclusively for
378      lease and which is converted to the owner's own use, tax may be
379      paid on the fair market value of the property at the time of
380      conversion. If the fair market value of the property cannot be
381      determined, use tax at the time of conversion shall be based on
382      the owner's acquisition cost. Under no circumstances may the
383      aggregate amount of sales tax from leasing the property and use
384      tax due at the time of conversion be less than the total sales
385      tax that would have been due on the original acquisition cost
386      paid by the owner.
387              (c)      At the rate of 6 percent of the gross proceeds derived
388      from the lease or rental of tangible personal property, as
389      defined herein; however, the following special provisions apply
390      to the lease or rental of motor vehicles:
391              1.      When a motor vehicle is leased or rented for a period
392      of less than 12 months:
393              a.      If the motor vehicle is rented in Florida, the entire
394      amount of such rental is taxable, even if the vehicle is dropped
395      off in another state.
396              b.      If the motor vehicle is rented in another state and
397      dropped off in Florida, the rental is exempt from Florida tax.
398              2.      Except as provided in subparagraph 3., for the lease or
399      rental of a motor vehicle for a period of not less than 12
400      months, sales tax is due on the lease or rental payments if the

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         PCS for CS/HB 15                           ORIGINAL                                                  2021




401      vehicle is registered in this state; provided, however, that no
402      tax shall be due if the taxpayer documents use of the motor
403      vehicle outside this state and tax is being paid on the lease or
404      rental payments in another state.
405              3.      The tax imposed by this chapter does not apply to the
406      lease or rental of a commercial motor vehicle as defined in s.
407      316.003(13)(a) to one lessee or rentee for a period of not less
408      than 12 months when tax was paid on the purchase price of such
409      vehicle by the lessor. To the extent tax was paid with respect
410      to the purchase of such vehicle in another state, territory of
411      the United States, or the District of Columbia, the Florida tax
412      payable shall be reduced in accordance with the provisions of s.
413      212.06(7). This subparagraph shall only be available when the
414      lease or rental of such property is an established business or
415      part of an established business or the same is incidental or
416      germane to such business.
417              (d)      At the rate of 6 percent of the lease or rental price
418      paid by a lessee or rentee, or contracted or agreed to be paid
419      by a lessee or rentee, to the owner of the tangible personal
420      property.
421              (e)1.       At the rate of 6 percent on charges for:
422              a.      Prepaid calling arrangements. The tax on charges for
423      prepaid calling arrangements shall be collected at the time of
424      sale and remitted by the selling dealer.
425              (I)      "Prepaid calling arrangement" has the same meaning as

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426      provided in s. 202.11.
427              (II)        If the sale or recharge of the prepaid calling
428      arrangement does not take place at the dealer's place of
429      business, it shall be deemed to have taken place at the
430      customer's shipping address or, if no item is shipped, at the
431      customer's address or the location associated with the
432      customer's mobile telephone number.
433              (III)        The sale or recharge of a prepaid calling
434      arrangement shall be treated as a sale of tangible personal
435      property for purposes of this chapter, regardless of whether a
436      tangible item evidencing such arrangement is furnished to the
437      purchaser, and such sale within this state subjects the selling
438      dealer to the jurisdiction of this state for purposes of this
439      subsection.
440              (IV)        No additional tax under this chapter or chapter 202
441      is due or payable if a purchaser of a prepaid calling
442      arrangement who has paid tax under this chapter on the sale or
443      recharge of such arrangement applies one or more units of the
444      prepaid calling arrangement to obtain communications services as
445      described in s. 202.11(9)(b)3., other services that are not
446      communications services, or products.
447              b.      The installation of telecommunication and telegraphic
448      equipment.
449              c.      Electrical power or energy, except that the tax rate
450      for charges for electrical power or energy is 4.35 percent.

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451      Charges for electrical power and energy do not include taxes
452      imposed under ss. 166.231 and 203.01(1)(a)3.
453              2.      Section 212.17(3), regarding credit for tax paid on
454      charges subsequently found to be worthless, is equally
455      applicable to any tax paid under this section on charges for
456      prepaid calling arrangements, telecommunication or telegraph
457      services, or electric power subsequently found to be
458      uncollectible. As used in this paragraph, the term "charges"
459      does not include any excise or similar tax levied by the Federal
460      Government, a political subdivision of this state, or a
461      municipality upon the purchase, sale, or recharge of prepaid
462      calling arrangements or upon the purchase or sale of
463      telecommunication, television system program, or telegraph
464      service or electric power, which tax is collected by the seller
465      from the purchaser.
466              (f)      At the rate of 6 percent on the sale, rental, use,
467      consumption, or storage for use in this state of machines and
468      equipment, and parts and accessories therefor, used in
469      manufacturing, processing, compounding, producing, mining, or
470      quarrying personal property for sale or to be used in furnishing
471      communications, transportation, or public utility services.
472              (g)1.       At the rate of 6 percent on the retail price of
473      newspapers and magazines sold or used in Florida.
474              2.      Notwithstanding other provisions of this chapter,
475      inserts of printed materials which are distributed with a

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476      newspaper or magazine are a component part of the newspaper or
477      magazine, and neither the sale nor use of such inserts is
478      subject to tax when:
479              a.      Printed by a newspaper or magazine publisher or
480      commercial printer and distributed as a component part of a
481      newspaper or magazine, which means that the items after being
482      printed are delivered directly to a newspaper or magazine
483      publisher by the printer for inclusion in editions of the
484      distributed newspaper or magazine;
485              b.      Such publications are labeled as part of the designated
486      newspaper or magazine publication into which they are to be
487      inserted; and
488              c.      The purchaser of the insert presents a resale
489      certificate to the vendor stating that the inserts are to be
490      distributed as a component part of a newspaper or magazine.
491              (h)1.       A tax is imposed at the rate of 4 percent on the
492      charges for the use of coin-operated amusement machines. The tax
493      shall be calculated by dividing the gross receipts from such
494      charges for the applicable reporting period by a divisor,
495      determined as provided in this subparagraph, to compute gross
496      taxable sales, and then subtracting gross taxable sales from
497      gross receipts to arrive at the amount of tax due. For counties
498      that do not impose a discretionary sales surtax, the divisor is
499      equal to 1.04; for counties that impose a 0.5 percent
500      discretionary sales surtax, the divisor is equal to 1.045; for

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501      counties that impose a 1 percent discretionary sales surtax, the
502      divisor is equal to 1.050; and for counties that impose a 2
503      percent sales surtax, the divisor is equal to 1.060. If a county
504      imposes a discretionary sales surtax that is not listed in this
505      subparagraph, the department shall make the applicable divisor
506      available in an electronic format or otherwise. Additional
507      divisors shall bear the same mathematical relationship to the
508      next higher and next lower divisors as the new surtax rate bears
509      to the next higher and next lower surtax rates for which
510      divisors have been established. When a machine is activated by a
511      slug, token, coupon, or any similar device which has been
512      purchased, the tax is on the price paid by the user of the
513      device for such device.
514              2.      As used in this paragraph, the term "operator" means
515      any person who possesses a coin-operated amusement machine for
516      the purpose of generating sales through that machine and who is
517      responsible for removing the receipts from the machine.
518              a.      If the owner of the machine is also the operator of it,
519      he or she shall be liable for payment of the tax without any
520      deduction for rent or a license fee paid to a location owner for
521      the use of any real property on which the machine is located.
522              b.      If the owner or lessee of the machine is also its
523      operator, he or she shall be liable for payment of the tax on
524      the purchase or lease of the machine, as well as the tax on
525      sales generated through the machine.

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526              c.      If the proprietor of the business where the machine is
527      located does not own the machine, he or she shall be deemed to
528      be the lessee and operator of the machine and is responsible for
529      the payment of the tax on sales, unless such responsibility is
530      otherwise provided for in a written agreement between him or her
531      and the machine owner.
532              3.a.        An operator of a coin-operated amusement machine may
533      not operate or cause to be operated in this state any such
534      machine until the operator has registered with the department
535      and has conspicuously displayed an identifying certificate
536      issued by the department. The identifying certificate shall be
537      issued by the department upon application from the operator. The
538      identifying certificate shall include a unique number, and the
539      certificate shall be permanently marked with the operator's
540      name, the operator's sales tax number, and the maximum number of
541      machines to be operated under the certificate. An identifying
542      certificate shall not be transferred from one operator to
543      another. The identifying certificate must be conspicuously
544      displayed on the premises where the coin-operated amusement
545      machines are being operated.
546              b.      The operator of the machine must obtain an identifying
547      certificate before the machine is first operated in the state
548      and by July 1 of each year thereafter. The annual fee for each
549      certificate shall be based on the number of machines identified
550      on the application times $30 and is due and payable upon

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551      application for the identifying device. The application shall
552      contain the operator's name, sales tax number, business address
553      where the machines are being operated, and the number of
554      machines in operation at that place of business by the operator.
555      No operator may operate more machines than are listed on the
556      certificate. A new certificate is required if more machines are
557      being operated at that location than are listed on the
558      certificate. The fee for the new certificate shall be based on
559      the number of additional machines identified on the application
560      form times $30.
561              c.      A penalty of $250 per machine is imposed on the
562      operator for failing to properly obtain and display the required
563      identifying certificate. A penalty of $250 is imposed on the
564      lessee of any machine placed in a place of business without a
565      proper current identifying certificate. Such penalties shall
566      apply in addition to all other applicable taxes, interest, and
567      penalties.
568              d.      Operators of coin-operated amusement machines must
569      obtain a separate sales and use tax certificate of registration
570      for each county in which such machines are located. One sales
571      and use tax certificate of registration is sufficient for all of
572      the operator's machines within a single county.
573              4.      The provisions of this paragraph do not apply to coin-
574      operated amusement machines owned and operated by churches or
575      synagogues.

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576              5.      In addition to any other penalties imposed by this
577      chapter, a person who knowingly and willfully violates any
578      provision of this paragraph commits a misdemeanor of the second
579      degree, punishable as provided in s. 775.082 or s. 775.083.
580              6.      The department may adopt rules necessary to administer
581      the provisions of this paragraph.
582              (i)1.       At the rate of 6 percent on charges for all:
583              a.      Detective, burglar protection, and other protection
584      services (NAICS National Numbers 561611, 561612, 561613, and
585      561621). Fingerprint services required under s. 790.06 or s.
586      790.062 are not subject to the tax. Any law enforcement officer,
587      as defined in s. 943.10, who is performing approved duties as
588      determined by his or her local law enforcement agency in his or
589      her capacity as a law enforcement officer, and who is subject to
590      the direct and immediate command of his or her law enforcement
591      agency, and in the law enforcement officer's uniform as
592      authorized by his or her law enforcement agency, is performing
593      law enforcement and public safety services and is not performing
594      detective, burglar protection, or other protective services, if
595      the law enforcement officer is performing his or her approved
596      duties in a geographical area in which the law enforcement
597      officer has arrest jurisdiction. Such law enforcement and public
598      safety services are not subject to tax irrespective of whether
599      the duty is characterized as "extra duty," "off-duty," or
600      "secondary employment," and irrespective of whether the officer

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601      is paid directly or through the officer's agency by an outside
602      source. The term "law enforcement officer" includes full-time or
603      part-time law enforcement officers, and any auxiliary law
604      enforcement officer, when such auxiliary law enforcement officer
605      is working under the direct supervision of a full-time or part-
606      time law enforcement officer.
607              b.      Nonresidential cleaning, excluding cleaning of the
608      interiors of transportation equipment, and nonresidential
609      building pest control services (NAICS National Numbers 561710
610      and 561720).
611              2.      As used in this paragraph, "NAICS" means those
612      classifications contained in the North American Industry
613      Classification System, as published in 2007 by the Office of
614      Management and Budget, Executive Office of the President.
615              3.      Charges for detective, burglar protection, and other
616      protection security services performed in this state but used
617      outside this state are exempt from taxation. Charges for
618      detective, burglar protection, and other protection security
619      services performed outside this state and used in this state are
620      subject to tax.
621              4.      If a transaction involves both the sale or use of a
622      service taxable under this paragraph and the sale or use of a
623      service or any other item not taxable under this chapter, the
624      consideration paid must be separately identified and stated with
625      respect to the taxable and exempt portions of the transaction or

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626      the entire transaction shall be presumed taxable. The burden
627      shall be on the seller of the service or the purchaser of the
628      service, whichever applicable, to overcome this presumption by
629      providing documentary evidence as to which portion of the
630      transaction is exempt from tax. The department is authorized to
631      adjust the amount of consideration identified as the taxable and
632      exempt portions of the transaction; however, a determination
633      that the taxable and exempt portions are inaccurately stated and
634      that the adjustment is applicable must be supported by
635      substantial competent evidence.
636              5.      Each seller of services subject to sales tax pursuant
637      to this paragraph shall maintain a monthly log showing each
638      transaction for which sales tax was not collected because the
639      services meet the requirements of subparagraph 3. for out-of-
640      state use. The log must identify the purchaser's name, location
641      and mailing address, and federal employer identification number,
642      if a business, or the social security number, if an individual,
643      the service sold, the price of the service, the date of sale,
644      the reason for the exemption, and the sales invoice number. The
645      monthly log shall be maintained pursuant to the same
646      requirements and subject to the same penalties imposed for the
647      keeping of similar records pursuant to this chapter.
648              (j)1.       Notwithstanding any other provision of this chapter,
649      there is hereby levied a tax on the sale, use, consumption, or
650      storage for use in this state of any coin or currency, whether

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651      in circulation or not, when such coin or currency:
652              a.      Is not legal tender;
653              b.      If legal tender, is sold, exchanged, or traded at a
654      rate in excess of its face value; or
655              c.      Is sold, exchanged, or traded at a rate based on its
656      precious metal content.
657              2.      Such tax shall be at a rate of 6 percent of the price
658      at which the coin or currency is sold, exchanged, or traded,
659      except that, with respect to a coin or currency which is legal
660      tender of the United States and which is sold, exchanged, or
661      traded, such tax shall not be levied.
662              3.      There are exempt from this tax exchanges of coins or
663      currency which are in general circulation in, and legal tender
664      of, one nation for coins or currency which are in general
665      circulation in, and legal tender of, another nation when
666      exchanged solely for use as legal tender and at an exchange rate
667      based on the relative value of each as a medium of exchange.
668              4.      With respect to any transaction that involves the sale
669      of coins or currency taxable under this paragraph in which the
670      taxable amount represented by the sale of such coins or currency
671      exceeds $500, the entire amount represented by the sale of such
672      coins or currency is exempt from the tax imposed under this
673      paragraph. The dealer must maintain proper documentation, as
674      prescribed by rule of the department, to identify that portion
675      of a transaction which involves the sale of coins or currency

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676      and is exempt under this subparagraph.
677              (k)     At the rate of 6 percent of the sales price of each
678      gallon of diesel fuel not taxed under chapter 206 purchased for
679      use in a vessel, except dyed diesel fuel that is exempt pursuant
680      to s. 212.08(4)(a)4.
681              (l)     Florists located in this state are liable for sales
682      tax on sales to retail customers regardless of where or by whom
683      the items sold are to be delivered. Florists located in this
684      state are not liable for sales tax on payments received from
685      other florists for items delivered to customers in this state.
686              (m)     Operators of game concessions or other concessionaires
687      who customarily award tangible personal property as prizes may,
688      in lieu of paying tax on the cost price of such property, pay
689      tax on 25 percent of the gross receipts from such concession
690      activity.
691              (2)     The tax shall be collected by the dealer, as defined
692      herein, and remitted by the dealer to the state at the time and
693      in the manner as hereinafter provided.
694              (3)     The tax so levied is in addition to all other taxes,
695      whether levied in the form of excise, license, or privilege
696      taxes, and in addition to all other fees and taxes levied.
697              (4)     The tax imposed pursuant to this chapter shall be due
698      and payable according to the algorithm provided brackets set
699      forth in s. 212.12.
700              (5)     Notwithstanding any other provision of this chapter,

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701      the maximum amount of tax imposed under this chapter and
702      collected on each sale or use of a boat in this state may not
703      exceed $18,000 and on each repair of a boat in this state may
704      not exceed $60,000.
705              Section 4.         Paragraph (c) of subsection (4) of section
706      212.054, Florida Statutes, is amended to read:
707              212.054       Discretionary sales surtax; limitations,
708      administration, and collection.—
709              (4)
710              (c)1.       Any dealer located in a county that does not impose
711      a discretionary sales surtax, any marketplace provider that is a
712      dealer under this chapter, or any person located outside this
713      state who is required to collect and remit sales tax on remote
714      sales but who collects the surtax due to sales of tangible
715      personal property or services delivered to a county imposing a
716      surtax outside the county shall remit monthly the proceeds of
717      the surtax to the department to be deposited into an account in
718      the Discretionary Sales Surtax Clearing Trust Fund which is
719      separate from the county surtax collection accounts. The
720      department shall distribute funds in this account using a
721      distribution factor determined for each county that levies a
722      surtax and multiplied by the amount of funds in the account and
723      available for distribution. The distribution factor for each
724      county equals the product of:
725              a.      The county's latest official population determined

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726      pursuant to s. 186.901;
727              b.      The county's rate of surtax; and
728              c.      The number of months the county has levied a surtax
729      during the most recent distribution period;
730
731      divided by the sum of all such products of the counties levying
732      the surtax during the most recent distribution period.
733              2.      The department shall compute distribution factors for
734      eligible counties once each quarter and make appropriate
735      quarterly distributions.
736              3.      A county that fails to timely provide the information
737      required by this section to the department authorizes the
738      department, by such action, to use the best information
739      available to it in distributing surtax revenues to the county.
740      If this information is unavailable to the department, the
741      department may partially or entirely disqualify the county from
742      receiving surtax revenues under this paragraph. A county that
743      fails to provide timely information waives its right to
744      challenge the department's determination of the county's share,
745      if any, of revenues provided under this paragraph.
746              Section 5.         Section 212.0596, Florida Statutes, is amended
747      to read:
748              (Substantial rewording of section. See
749              s. 212.0596, F.S., for present text.)
750              212.0596          Taxation of remote sales.—

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751              (1)     As used in this chapter, the term:
752              (a)     "Remote sale" means a retail sale of tangible personal
753      property ordered by mail, telephone, the Internet, or other
754      means of communication from a person who receives the order
755      outside of this state and transports the property or causes the
756      property to be transported from any jurisdiction, including this
757      state, to a location in this state. For purposes of this
758      paragraph, tangible personal property delivered to a location
759      within this state is presumed to be used, consumed, distributed,
760      or stored to be used or consumed in this state.
761              (b)     "Substantial number of remote sales" means any number
762      of taxable remote sales in the previous calendar year in which
763      the sum of the sales prices, as defined in s. 212.02(16),
764      exceeded $100,000.
765              (2)     Every person making a substantial number of remote
766      sales is a dealer for purposes of this chapter.
767              (3)     The department may establish by rule procedures for
768      collecting the use tax from unregistered persons who but for
769      their remote purchases would not be required to remit sales or
770      use tax directly to the department. The procedures may provide
771      for waiver of registration, provisions for irregular remittance
772      of tax, elimination of the collection allowance, and
773      nonapplication of local option surtaxes.
774              (4)     A marketplace provider that is a dealer under this
775      chapter or a person who is required to collect and remit sales

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776      tax on remote sales is required to collect surtax when the
777      taxable item of tangible personal property is delivered within a
778      county imposing a surtax as provided in s. 212.054(3)(a).
779              Section 6.         Section 212.05965, Florida Statutes, is created
780      to read:
781              212.05965         Taxation of marketplace sales.—
782              (1)      As used in this chapter, the term:
783              (a)      "Marketplace" means any physical place or electronic
784      medium through which tangible personal property is offered for
785      sale.
786              (b)      "Marketplace provider" means a person who facilitates
787      a retail sale by a marketplace seller by listing or advertising
788      for sale by the marketplace seller tangible personal property in
789      a marketplace and who directly, or indirectly through agreements
790      or arrangements with third parties, collects payment from the
791      customer and transmits all or part of the payment to the
792      marketplace seller, regardless of whether the marketplace
793      provider receives compensation or other consideration in
794      exchange for its services.
795              1.      The term does not include a person who solely provides
796      travel agency services. As used in this subparagraph, the term
797      "travel agency services" means arranging, booking, or otherwise
798      facilitating for a commission, fee, or other consideration
799      vacation or travel packages, rental cars, or other travel
800      reservations; tickets for domestic or foreign travel by air,

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801      rail, ship, bus, or other mode of transportation; or hotel or
802      other lodging accommodations.
803              2.      The term does not include a person who is a delivery
804      network company unless the delivery network company is a
805      registered dealer for purposes of this chapter and the delivery
806      network company notifies all local merchants that sell through
807      the delivery network company's website or mobile application
808      that the delivery network company is subject to the requirements
809      of a marketplace provider under this section. As used in this
810      subparagraph, the term:
811              a.      "Delivery network company" means a person who maintains
812      a website or mobile application used to facilitate delivery
813      services, the sale of local products, or both.
814              b.      "Delivery network courier" means a person who provides
815      delivery services through a delivery network company website or
816      mobile application using a personal means of transportation,
817      such as a motor vehicle as defined in s. 320.01(1), bicycle,
818      scooter, or other similar means of transportation; using public
819      transportation; or by walking.
820              c.      "Delivery services" means the pickup and delivery by a
821      delivery network courier of one or more local products from a
822      local merchant to a customer, which may include the selection,
823      collection, and purchase of the local product in connection with
824      the delivery. The term does not include any delivery requiring
825      more than 75 miles of travel from the local merchant to the

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826      customer.
827              d.      "Local merchant" means a kitchen, a restaurant, or a
828      third-party merchant, including a grocery store, retail store,
829      convenience store, or business of another type, which is not
830      under common ownership or control of the delivery network
831      company.
832              e.      "Local product" means any tangible personal property,
833      including food but excluding freight, mail, or a package to
834      which postage has been affixed.
835              3.      The term does not include a payment processor business
836      that processes payment transactions from various channels, such
837      as charge cards, credit cards, or debit cards, and whose sole
838      activity with respect to marketplace sales is to process payment
839      transactions between two or more parties.
840              (c)      "Marketplace seller" means a person who has an
841      agreement with a marketplace provider that is a dealer under
842      this chapter and who makes retail sales of tangible personal
843      property through a marketplace owned, operated, or controlled by
844      the marketplace provider.
845              (2)      A marketplace provider that has a physical presence in
846      this state or who is making or facilitating through a
847      marketplace a substantial number of remote sales as defined in
848      s. 212.0596(1) is a dealer for purposes of this chapter.
849              (3)      A marketplace provider that is a dealer under this
850      chapter shall certify to its marketplace sellers that it will

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851      collect and remit the tax imposed under this chapter on taxable
852      retail sales made through the marketplace. Such certification
853      may be included in the agreement between the marketplace
854      provider and the marketplace seller.
855              (4)(a)       A marketplace seller may not collect and remit the
856      tax under this chapter on a taxable retail sale when the sale is
857      made through the marketplace and the marketplace provider
858      certifies, as required under subsection (3), that it will
859      collect and remit such tax. A marketplace seller shall exclude
860      such sales made through the marketplace from the marketplace
861      seller's tax return under s. 212.11.
862              (b)1.       A marketplace seller who has a physical presence in
863      this state shall register and shall collect and remit the tax
864      imposed under this chapter on all taxable retail sales made
865      outside of the marketplace.
866              2.      A marketplace seller who is not described under
867      subparagraph 1. but who makes a substantial number of remote
868      sales as defined in s. 212.0596(1) shall register and shall
869      collect and remit the tax imposed under this chapter on all
870      taxable retail sales made outside of the marketplace. For the
871      purpose of determining whether a marketplace seller made a
872      substantial number of remote sales, the marketplace seller shall
873      consider only those sales made outside of a marketplace.
874              (5)(a)       A marketplace provider that is a dealer under this
875      chapter shall allow the department to examine and audit its

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876      books and records pursuant to s. 212.13. For retail sales
877      facilitated through a marketplace, the department may not
878      examine or audit the books and records of marketplace sellers,
879      nor may the department assess marketplace sellers except to the
880      extent that the marketplace provider seeks relief under
881      paragraph (b). The department may examine, audit, and assess a
882      marketplace seller for retail sales made outside of a
883      marketplace under paragraph (4)(b). This paragraph does not
884      provide relief to a marketplace seller who is under audit; has
885      been issued a bill, notice, or demand for payment; or is under
886      an administrative or judicial proceeding before July 1, 2021.
887              (b)     The marketplace provider is relieved of liability for
888      the tax on the retail sale and the marketplace seller or
889      customer is liable for the tax imposed under this chapter if the
890      marketplace provider demonstrates to the department's
891      satisfaction that the marketplace provider made a reasonable
892      effort to obtain accurate information related to the retail
893      sales facilitated through the marketplace from the marketplace
894      seller, but that the failure to collect and remit the correct
895      amount of tax imposed under this chapter was due to the
896      provision of incorrect or incomplete information to the
897      marketplace provider by the marketplace seller. This paragraph
898      does not apply to a retail sale for which the marketplace
899      provider is the seller if the marketplace provider and the
900      marketplace seller are related parties or if transactions

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901      between a marketplace seller and marketplace buyer are not
902      conducted at arm's length.
903              (6)     For purposes of registration pursuant to s. 212.18, a
904      marketplace is deemed a separate place of business.
905              (7)     A marketplace provider and a marketplace seller may
906      agree by contract or otherwise that if a marketplace provider
907      pays the tax imposed under this chapter on a retail sale
908      facilitated through a marketplace for a marketplace seller as a
909      result of an audit or otherwise, the marketplace provider has
910      the right to recover such tax and any associated interest and
911      penalties from the marketplace seller.
912              (8)     This section may not be construed to authorize the
913      state to collect sales tax from both the marketplace provider
914      and the marketplace seller on the same retail sale.
915              (9)     Chapter 213 applies to the administration of this
916      section to the extent that chapter does not conflict with this
917      section.
918              Section 7.         Effective April 1, 2022, subsections (10) and
919      (11) are added to section 212.05965, Florida Statutes, as
920      created by this act, to read:
921              212.05965         Taxation of marketplace sales.—
922              (10)        Notwithstanding any other law, the marketplace
923      provider is also responsible for collecting and remitting any
924      prepaid wireless E911 fee under s. 365.172, waste tire fee under
925      s. 403.718, and lead-acid battery fee under s. 403.7185 at the

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926      time of sale for taxable retail sales made through its
927      marketplace.
928              (11)        Notwithstanding paragraph (4)(a), the marketplace
929      provider and the marketplace seller may contractually agree to
930      have the marketplace seller collect and remit all applicable
931      taxes and fees if the marketplace seller:
932              (a)     Has annual United States gross sales of more than $1
933      billion, including the gross sales of any related entities, and
934      in the case of franchised entities, including the combined sales
935      of all franchisees of a single franchisor;
936              (b)     Provides evidence to the marketplace provider that it
937      is registered under s. 212.18; and
938              (c)     Notifies the department in a manner prescribed by the
939      department that the marketplace seller will collect and remit
940      all applicable taxes and fees on its sales through the
941      marketplace and is liable for failure to collect or remit
942      applicable taxes and fees on its sales.
943              Section 8.         Paragraph (c) of subsection (2) and paragraph
944      (a) of subsection (5) of section 212.06, Florida Statutes, are
945      amended to read:
946              212.06        Sales, storage, use tax; collectible from dealers;
947      "dealer" defined; dealers to collect from purchasers;
948      legislative intent as to scope of tax.—
949              (2)
950              (c)     The term "dealer" is further defined to mean every

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951      person, as used in this chapter, who sells at retail or who
952      offers for sale at retail, or who has in his or her possession
953      for sale at retail; or for use, consumption, or distribution; or
954      for storage to be used or consumed in this state, tangible
955      personal property as defined herein, including a retailer who
956      transacts a substantial number of remote sales or a marketplace
957      provider that has a physical presence in this state or that
958      makes or facilitates through its marketplace a substantial
959      number of remote sales mail order sale.
960              (5)(a)1.          Except as provided in subparagraph 2., it is not
961      the intention of this chapter to levy a tax upon tangible
962      personal property imported, produced, or manufactured in this
963      state for export, provided that tangible personal property may
964      not be considered as being imported, produced, or manufactured
965      for export unless the importer, producer, or manufacturer
966      delivers the same to a licensed exporter for exporting or to a
967      common carrier for shipment outside the state or mails the same
968      by United States mail to a destination outside the state; or, in
969      the case of aircraft being exported under their own power to a
970      destination outside the continental limits of the United States,
971      by submission to the department of a duly signed and validated
972      United States customs declaration, showing the departure of the
973      aircraft from the continental United States; and further with
974      respect to aircraft, the canceled United States registry of said
975      aircraft; or in the case of parts and equipment installed on

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976       aircraft of foreign registry, by submission to the department of
977       documentation, the extent of which shall be provided by rule,
978       showing the departure of the aircraft from the continental
979       United States; nor is it the intention of this chapter to levy a
980       tax on any sale which the state is prohibited from taxing under
981       the Constitution or laws of the United States. Every retail sale
982       made to a person physically present at the time of sale shall be
983       presumed to have been delivered in this state.
984               2.a.        Notwithstanding subparagraph 1., a tax is levied on
985       each sale of tangible personal property to be transported to a
986       cooperating state as defined in sub-subparagraph c., at the rate
987       specified in sub-subparagraph d. However, a Florida dealer will
988       be relieved from the requirements of collecting taxes pursuant
989       to this subparagraph if the Florida dealer obtains from the
990       purchaser an affidavit setting forth the purchaser's name,
991       address, state taxpayer identification number, and a statement
992       that the purchaser is aware of his or her state's use tax laws,
993       is a registered dealer in Florida or another state, or is
994       purchasing the tangible personal property for resale or is
995       otherwise not required to pay the tax on the transaction. The
996       department may, by rule, provide a form to be used for the
997       purposes set forth herein.
998               b.      For purposes of this subparagraph, "a cooperating
999       state" is one determined by the executive director of the
1000      department to cooperate satisfactorily with this state in

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1001      collecting taxes on remote mail order sales. No state shall be
1002      so determined unless it meets all the following minimum
1003      requirements:
1004              (I)      It levies and collects taxes on remote mail order
1005      sales of property transported from that state to persons in this
1006      state, as described in s. 212.0596, upon request of the
1007      department.
1008              (II)        The tax so collected shall be at the rate specified
1009      in s. 212.05, not including any local option or tourist or
1010      convention development taxes collected pursuant to s. 125.0104
1011      or this chapter.
1012              (III)        Such state agrees to remit to the department all
1013      taxes so collected no later than 30 days from the last day of
1014      the calendar quarter following their collection.
1015              (IV)        Such state authorizes the department to audit dealers
1016      within its jurisdiction who make remote mail order sales that
1017      are the subject of s. 212.0596, or makes arrangements deemed
1018      adequate by the department for auditing them with its own
1019      personnel.
1020              (V)      Such state agrees to provide to the department records
1021      obtained by it from retailers or dealers in such state showing
1022      delivery of tangible personal property into this state upon
1023      which no sales or use tax has been paid in a manner similar to
1024      that provided in sub-subparagraph g.
1025              c.      For purposes of this subparagraph, "sales of tangible

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1026      personal property to be transported to a cooperating state"
1027      means remote mail order sales to a person who is in the
1028      cooperating state at the time the order is executed, from a
1029      dealer who receives that order in this state.
1030              d.      The tax levied by sub-subparagraph a. shall be at the
1031      rate at which such a sale would have been taxed pursuant to the
1032      cooperating state's tax laws if consummated in the cooperating
1033      state by a dealer and a purchaser, both of whom were physically
1034      present in that state at the time of the sale.
1035              e.      The tax levied by sub-subparagraph a., when collected,
1036      shall be held in the State Treasury in trust for the benefit of
1037      the cooperating state and shall be paid to it at a time agreed
1038      upon between the department, acting for this state, and the
1039      cooperating state or the department or agency designated by it
1040      to act for it; however, such payment shall in no event be made
1041      later than 30 days from the last day of the calendar quarter
1042      after the tax was collected. Funds held in trust for the benefit
1043      of a cooperating state shall not be subject to the service
1044      charges imposed by s. 215.20.
1045              f.      The department is authorized to perform such acts and
1046      to provide such cooperation to a cooperating state with
1047      reference to the tax levied by sub-subparagraph a. as is
1048      required of the cooperating state by sub-subparagraph b.
1049              g.      In furtherance of this act, dealers selling tangible
1050      personal property for delivery in another state shall make

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1051      available to the department, upon request of the department,
1052      records of all tangible personal property so sold. Such records
1053      shall include a description of the property, the name and
1054      address of the purchaser, the name and address of the person to
1055      whom the property was sent, the purchase price of the property,
1056      information regarding whether sales tax was paid in this state
1057      on the purchase price, and such other information as the
1058      department may by rule prescribe.
1059              Section 9.         Paragraph (b) of subsection (1) of section
1060      212.07, Florida Statutes, is amended to read:
1061              212.07       Sales, storage, use tax; tax added to purchase
1062      price; dealer not to absorb; liability of purchasers who cannot
1063      prove payment of the tax; penalties; general exemptions.—
1064              (1)
1065              (b)     A resale must be in strict compliance with s. 212.18
1066      and the rules and regulations adopted thereunder. A dealer who
1067      makes a sale for resale that is not in strict compliance with s.
1068      212.18 and the rules and regulations adopted thereunder is
1069      liable for and must pay the tax. A dealer who makes a sale for
1070      resale shall document the exempt nature of the transaction, as
1071      established by rules adopted by the department, by retaining a
1072      copy of the purchaser's resale certificate. In lieu of
1073      maintaining a copy of the certificate, a dealer may document,
1074      before the time of sale, an authorization number provided
1075      telephonically or electronically by the department, or by such

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1076      other means established by rule of the department. The dealer
1077      may rely on a resale certificate issued pursuant to s.
1078      212.18(3)(e) s. 212.18(3)(d), valid at the time of receipt from
1079      the purchaser, without seeking annual verification of the resale
1080      certificate if the dealer makes recurring sales to a purchaser
1081      in the normal course of business on a continual basis. For
1082      purposes of this paragraph, "recurring sales to a purchaser in
1083      the normal course of business" refers to a sale in which the
1084      dealer extends credit to the purchaser and records the debt as
1085      an account receivable, or in which the dealer sells to a
1086      purchaser who has an established cash or C.O.D. account, similar
1087      to an open credit account. For purposes of this paragraph,
1088      purchases are made from a selling dealer on a continual basis if
1089      the selling dealer makes, in the normal course of business,
1090      sales to the purchaser at least once in every 12-month period. A
1091      dealer may, through the informal protest provided for in s.
1092      213.21 and the rules of the department, provide the department
1093      with evidence of the exempt status of a sale. Consumer
1094      certificates of exemption executed by those exempt entities that
1095      were registered with the department at the time of sale, resale
1096      certificates provided by purchasers who were active dealers at
1097      the time of sale, and verification by the department of a
1098      purchaser's active dealer status at the time of sale in lieu of
1099      a resale certificate shall be accepted by the department when
1100      submitted during the protest period, but may not be accepted in

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1101      any proceeding under chapter 120 or any circuit court action
1102      instituted under chapter 72.
1103              Section 10.            Paragraph (f) is added to subsection (4) of
1104      section 212.11, Florida Statutes, to read:
1105              212.11       Tax returns and regulations.—
1106              (4)
1107              (f)     A marketplace provider that is a dealer under this
1108      chapter or a person who is required to collect and remit sales
1109      tax on remote sales shall file returns and pay taxes by
1110      electronic means under s. 213.755.
1111              Section 11.            Subsections (12) and (13) of section 212.12,
1112      Florida Statutes, are renumbered as subsections (11) and (12)
1113      respectively, and paragraph (a) of subsection (1), paragraph (a)
1114      of subsection (5), and subsections (9), and (10), present
1115      subsection (11), and subsection (14) of that section, are
1116      amended to read:
1117              212.12       Dealer's credit for collecting tax; penalties for
1118      noncompliance; powers of Department of Revenue in dealing with
1119      delinquents; rounding brackets applicable to taxable
1120      transactions; records required.—
1121              (1)(a)1.          Notwithstanding any other law and for the purpose
1122      of compensating persons granting licenses for and the lessors of
1123      real and personal property taxed hereunder, for the purpose of
1124      compensating dealers in tangible personal property, for the
1125      purpose of compensating dealers providing communication services

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1126      and taxable services, for the purpose of compensating owners of
1127      places where admissions are collected, and for the purpose of
1128      compensating remitters of any taxes or fees reported on the same
1129      documents utilized for the sales and use tax, as compensation
1130      for the keeping of prescribed records, filing timely tax
1131      returns, and the proper accounting and remitting of taxes by
1132      them, such seller, person, lessor, dealer, owner, and remitter
1133      (except dealers who make mail order sales) who files the return
1134      required pursuant to s. 212.11 only by electronic means and who
1135      pays the amount due on such return only by electronic means
1136      shall be allowed 2.5 percent of the amount of the tax due,
1137      accounted for, and remitted to the department in the form of a
1138      deduction. However, if the amount of the tax due and remitted to
1139      the department by electronic means for the reporting period
1140      exceeds $1,200, an allowance is not allowed for all amounts in
1141      excess of $1,200. For purposes of this paragraph subparagraph,
1142      the term "electronic means" has the same meaning as provided in
1143      s. 213.755(2)(c).
1144              2.      The executive director of the department is authorized
1145      to negotiate a collection allowance, pursuant to rules
1146      promulgated by the department, with a dealer who makes mail
1147      order sales. The rules of the department shall provide
1148      guidelines for establishing the collection allowance based upon
1149      the dealer's estimated costs of collecting the tax, the volume
1150      and value of the dealer's mail order sales to purchasers in this

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1151      state, and the administrative and legal costs and likelihood of
1152      achieving collection of the tax absent the cooperation of the
1153      dealer. However, in no event shall the collection allowance
1154      negotiated by the executive director exceed 10 percent of the
1155      tax remitted for a reporting period.
1156              (5)(a)       The department is authorized to audit or inspect
1157      the records and accounts of dealers defined herein, including
1158      audits or inspections of dealers who make remote mail order
1159      sales to the extent permitted by another state, and to correct
1160      by credit any overpayment of tax, and, in the event of a
1161      deficiency, an assessment shall be made and collected. No
1162      administrative finding of fact is necessary prior to the
1163      assessment of any tax deficiency.
1164              (9)     Taxes imposed by this chapter upon the privilege of
1165      the use, consumption, storage for consumption, or sale of
1166      tangible personal property, admissions, license fees, rentals,
1167      communication services, and upon the sale or use of services as
1168      herein taxed shall be collected upon the basis of an addition of
1169      the tax imposed by this chapter to the total price of such
1170      admissions, license fees, rentals, communication or other
1171      services, or sale price of such article or articles that are
1172      purchased, sold, or leased at any one time by or to a customer
1173      or buyer; the dealer, or person charged herein, is required to
1174      pay a privilege tax in the amount of the tax imposed by this
1175      chapter on the total of his or her gross sales of tangible

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1176      personal property, admissions, license fees, and rentals, and
1177      communication services or to collect a tax upon the sale or use
1178      of services, and such person or dealer shall add the tax imposed
1179      by this chapter to the price, license fee, rental, or
1180      admissions, and communication or other services and collect the
1181      total sum from the purchaser, admittee, licensee, lessee, or
1182      consumer. The department shall make available in an electronic
1183      format or otherwise the tax amounts and the following brackets
1184      applicable to all transactions taxable at the rate of 6 percent:
1185              (a)     On single sales of less than 10 cents, no tax shall be
1186      added.
1187              (b)     On single sales in amounts from 10 cents to 16 cents,
1188      both inclusive, 1 cent shall be added for taxes.
1189              (c)     On sales in amounts from 17 cents to 33 cents, both
1190      inclusive, 2 cents shall be added for taxes.
1191              (d)     On sales in amounts from 34 cents to 50 cents, both
1192      inclusive, 3 cents shall be added for taxes.
1193              (e)     On sales in amounts from 51 cents to 66 cents, both
1194      inclusive, 4 cents shall be added for taxes.
1195              (f)     On sales in amounts from 67 cents to 83 cents, both
1196      inclusive, 5 cents shall be added for taxes.
1197              (g)     On sales in amounts from 84 cents to $1, both
1198      inclusive, 6 cents shall be added for taxes.
1199              (h)     On sales in amounts of more than $1, 6 percent shall
1200      be charged upon each dollar of price, plus the appropriate

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1201      bracket charge upon any fractional part of a dollar.
1202              (10)(a)       A dealer must calculate the tax due on the
1203      privilege of the use, consumption, storage for consumption, or
1204      sale of tangible personal property, admissions, license fees,
1205      rentals, and upon the sale or use of services, based on a
1206      rounding algorithm that meets the following criteria:
1207              1.      The computation of the tax must be carried to the third
1208      decimal place.
1209              2.      The tax must be rounded to the whole cent using a
1210      method that rounds up to the next cent whenever the third
1211      decimal place is greater than four.
1212              (b)      A dealer may apply the rounding algorithm to the
1213      aggregate tax amount computed on all taxable items on an invoice
1214      or to the taxable amount on each individual item on the invoice
1215      In counties which have adopted a discretionary sales surtax at
1216      the rate of 1 percent, the department shall make available in an
1217      electronic format or otherwise the tax amounts and the following
1218      brackets applicable to all taxable transactions that would
1219      otherwise have been transactions taxable at the rate of 6
1220      percent:
1221              (a)      On single sales of less than 10 cents, no tax shall be
1222      added.
1223              (b)      On single sales in amounts from 10 cents to 14 cents,
1224      both inclusive, 1 cent shall be added for taxes.
1225              (c)      On sales in amounts from 15 cents to 28 cents, both

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1226      inclusive, 2 cents shall be added for taxes.
1227              (d)     On sales in amounts from 29 cents to 42 cents, both
1228      inclusive, 3 cents shall be added for taxes.
1229              (e)     On sales in amounts from 43 cents to 57 cents, both
1230      inclusive, 4 cents shall be added for taxes.
1231              (f)     On sales in amounts from 58 cents to 71 cents, both
1232      inclusive, 5 cents shall be added for taxes.
1233              (g)     On sales in amounts from 72 cents to 85 cents, both
1234      inclusive, 6 cents shall be added for taxes.
1235              (h)     On sales in amounts from 86 cents to $1, both
1236      inclusive, 7 cents shall be added for taxes.
1237              (i)     On sales in amounts from $1 up to, and including, the
1238      first $5,000 in price, 7 percent shall be charged upon each
1239      dollar of price, plus the appropriate bracket charge upon any
1240      fractional part of a dollar.
1241              (j)     On sales in amounts of more than $5,000 in price, 7
1242      percent shall be added upon the first $5,000 in price, and 6
1243      percent shall be added upon each dollar of price in excess of
1244      the first $5,000 in price, plus the bracket charges upon any
1245      fractional part of a dollar as provided for in subsection (9).
1246              (11)        The department shall make available in an electronic
1247      format or otherwise the tax amounts and brackets applicable to
1248      all taxable transactions that occur in counties that have a
1249      surtax at a rate other than 1 percent which would otherwise have
1250      been transactions taxable at the rate of 6 percent. Likewise,

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1251      the department shall make available in an electronic format or
1252      otherwise the tax amounts and brackets applicable to
1253      transactions taxable at 4.35 percent pursuant to s.
1254      212.05(1)(e)1.c. or the applicable tax rate pursuant to s.
1255      212.031(1) and on transactions which would otherwise have been
1256      so taxable in counties which have adopted a discretionary sales
1257      surtax.
1258              (14)        If it is determined upon audit that a dealer has
1259      collected and remitted taxes by applying the applicable tax rate
1260      to each transaction as described in subsection (9) and rounding
1261      the tax due to the nearest whole cent rather than applying the
1262      appropriate bracket system provided by law or department rule,
1263      the dealer shall not be held liable for additional tax, penalty,
1264      and interest resulting from such failure if:
1265              (a)     The dealer acted in a good faith belief that rounding
1266      to the nearest whole cent was the proper method of determining
1267      the amount of tax due on each taxable transaction.
1268              (b)     The dealer timely reported and remitted all taxes
1269      collected on each taxable transaction.
1270              (c)     The dealer agrees in writing to future compliance with
1271      the laws and rules concerning brackets applicable to the
1272      dealer's transactions.
1273              Section 12.           Present paragraphs (c) through (f) of
1274      subsection (3) of section 212.18, Florida Statutes, are
1275      redesignated as paragraphs (d) through (g), respectively, a new

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1276      paragraph (c) is added to that subsection, and present paragraph
1277      (f) of that subsection is amended, to read:
1278              212.18       Administration of law; registration of dealers;
1279      rules.—
1280              (3)
1281              (c)      A marketplace provider that is a dealer under this
1282      chapter or a person who is required to collect and remit sales
1283      tax on remote sales must file with the department an application
1284      for a certificate of registration electronically.
1285              (g)(f)       As used in this paragraph, the term "exhibitor"
1286      means a person who enters into an agreement authorizing the
1287      display of tangible personal property or services at a
1288      convention or a trade show. The following provisions apply to
1289      the registration of exhibitors as dealers under this chapter:
1290              1.      An exhibitor whose agreement prohibits the sale of
1291      tangible personal property or services subject to the tax
1292      imposed in this chapter is not required to register as a dealer.
1293              2.      An exhibitor whose agreement provides for the sale at
1294      wholesale only of tangible personal property or services subject
1295      to the tax imposed by this chapter must obtain a resale
1296      certificate from the purchasing dealer but is not required to
1297      register as a dealer.
1298              3.      An exhibitor whose agreement authorizes the retail sale
1299      of tangible personal property or services subject to the tax
1300      imposed by this chapter must register as a dealer and collect

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1301      the tax on such sales.
1302              4.      An exhibitor who makes a remote mail order sale
1303      pursuant to s. 212.0596 must register as a dealer.
1304
1305      A person who conducts a convention or a trade show must make his
1306      or her exhibitor's agreements available to the department for
1307      inspection and copying.
1308              Section 13.           Subsection (4) and paragraph (d) of subsection
1309      (6) of section 212.20, Florida Statutes, are amended to read:
1310              212.20       Funds collected, disposition; additional powers of
1311      department; operational expense; refund of taxes adjudicated
1312      unconstitutionally collected.—
1313              (4)     When there has been a final adjudication that any tax
1314      pursuant to s. 212.0596 or s. 212.05965 was levied, collected,
1315      or both, contrary to the Constitution of the United States or
1316      the State Constitution, the department shall, in accordance with
1317      rules, determine, based upon claims for refund and other
1318      evidence and information, who paid such tax or taxes, and refund
1319      to each such person the amount of tax paid. For purposes of this
1320      subsection, a "final adjudication" is a decision of a court of
1321      competent jurisdiction from which no appeal can be taken or from
1322      which the official or officials of this state with authority to
1323      make such decisions has or have decided not to appeal.
1324              (6)     Distribution of all proceeds under this chapter and
1325      ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:

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1326              (d)      The proceeds of all other taxes and fees imposed
1327      pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
1328      and (2)(b) shall be distributed as follows:
1329              1.      In any fiscal year, the greater of $500 million, minus
1330      an amount equal to 4.6 percent of the proceeds of the taxes
1331      collected pursuant to chapter 201, or 5.2 percent of all other
1332      taxes and fees imposed pursuant to this chapter or remitted
1333      pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
1334      monthly installments into the General Revenue Fund.
1335              2.      After the distribution under subparagraph 1., 8.9744
1336      percent of the amount remitted by a sales tax dealer located
1337      within a participating county pursuant to s. 218.61 shall be
1338      transferred into the Local Government Half-cent Sales Tax
1339      Clearing Trust Fund. Beginning July 1, 2003, the amount to be
1340      transferred shall be reduced by 0.1 percent, and the department
1341      shall distribute this amount to the Public Employees Relations
1342      Commission Trust Fund less $5,000 each month, which shall be
1343      added to the amount calculated in subparagraph 3. and
1344      distributed accordingly.
1345              3.      After the distribution under subparagraphs 1. and 2.,
1346      0.0966 percent shall be transferred to the Local Government
1347      Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
1348      to s. 218.65.
1349              4.      After the distributions under subparagraphs 1., 2., and
1350      3., 2.0810 percent of the available proceeds shall be

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1351      transferred monthly to the Revenue Sharing Trust Fund for
1352      Counties pursuant to s. 218.215.
1353              5.      After the distributions under subparagraphs 1., 2., and
1354      3., 1.3653 percent of the available proceeds shall be
1355      transferred monthly to the Revenue Sharing Trust Fund for
1356      Municipalities pursuant to s. 218.215. If the total revenue to
1357      be distributed pursuant to this subparagraph is at least as
1358      great as the amount due from the Revenue Sharing Trust Fund for
1359      Municipalities and the former Municipal Financial Assistance
1360      Trust Fund in state fiscal year 1999-2000, no municipality shall
1361      receive less than the amount due from the Revenue Sharing Trust
1362      Fund for Municipalities and the former Municipal Financial
1363      Assistance Trust Fund in state fiscal year 1999-2000. If the
1364      total proceeds to be distributed are less than the amount
1365      received in combination from the Revenue Sharing Trust Fund for
1366      Municipalities and the former Municipal Financial Assistance
1367      Trust Fund in state fiscal year 1999-2000, each municipality
1368      shall receive an amount proportionate to the amount it was due
1369      in state fiscal year 1999-2000.
1370              6.      Of the remaining proceeds:
1371              a.      In each fiscal year, the sum of $29,915,500 shall be
1372      divided into as many equal parts as there are counties in the
1373      state, and one part shall be distributed to each county. The
1374      distribution among the several counties must begin each fiscal
1375      year on or before January 5th and continue monthly for a total

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1376      of 4 months. If a local or special law required that any moneys
1377      accruing to a county in fiscal year 1999-2000 under the then-
1378      existing provisions of s. 550.135 be paid directly to the
1379      district school board, special district, or a municipal
1380      government, such payment must continue until the local or
1381      special law is amended or repealed. The state covenants with
1382      holders of bonds or other instruments of indebtedness issued by
1383      local governments, special districts, or district school boards
1384      before July 1, 2000, that it is not the intent of this
1385      subparagraph to adversely affect the rights of those holders or
1386      relieve local governments, special districts, or district school
1387      boards of the duty to meet their obligations as a result of
1388      previous pledges or assignments or trusts entered into which
1389      obligated funds received from the distribution to county
1390      governments under then-existing s. 550.135. This distribution
1391      specifically is in lieu of funds distributed under s. 550.135
1392      before July 1, 2000.
1393              b.      The department shall distribute $166,667 monthly to
1394      each applicant certified as a facility for a new or retained
1395      professional sports franchise pursuant to s. 288.1162. Up to
1396      $41,667 shall be distributed monthly by the department to each
1397      certified applicant as defined in s. 288.11621 for a facility
1398      for a spring training franchise. However, not more than $416,670
1399      may be distributed monthly in the aggregate to all certified
1400      applicants for facilities for spring training franchises.

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1401      Distributions begin 60 days after such certification and
1402      continue for not more than 30 years, except as otherwise
1403      provided in s. 288.11621. A certified applicant identified in
1404      this sub-subparagraph may not receive more in distributions than
1405      expended by the applicant for the public purposes provided in s.
1406      288.1162(5) or s. 288.11621(3).
1407              c.      Beginning 30 days after notice by the Department of
1408      Economic Opportunity to the Department of Revenue that an
1409      applicant has been certified as the professional golf hall of
1410      fame pursuant to s. 288.1168 and is open to the public, $166,667
1411      shall be distributed monthly, for up to 300 months, to the
1412      applicant.
1413              d.      Beginning 30 days after notice by the Department of
1414      Economic Opportunity to the Department of Revenue that the
1415      applicant has been certified as the International Game Fish
1416      Association World Center facility pursuant to s. 288.1169, and
1417      the facility is open to the public, $83,333 shall be distributed
1418      monthly, for up to 168 months, to the applicant. This
1419      distribution is subject to reduction pursuant to s. 288.1169.
1420              e.      The department shall distribute up to $83,333 monthly
1421      to each certified applicant as defined in s. 288.11631 for a
1422      facility used by a single spring training franchise, or up to
1423      $166,667 monthly to each certified applicant as defined in s.
1424      288.11631 for a facility used by more than one spring training
1425      franchise. Monthly distributions begin 60 days after such

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1426      certification or July 1, 2016, whichever is later, and continue
1427      for not more than 20 years to each certified applicant as
1428      defined in s. 288.11631 for a facility used by a single spring
1429      training franchise or not more than 25 years to each certified
1430      applicant as defined in s. 288.11631 for a facility used by more
1431      than one spring training franchise. A certified applicant
1432      identified in this sub-subparagraph may not receive more in
1433      distributions than expended by the applicant for the public
1434      purposes provided in s. 288.11631(3).
1435              f.      Beginning 45 days after notice by the Department of
1436      Economic Opportunity to the Department of Revenue that an
1437      applicant has been approved by the Legislature and certified by
1438      the Department of Economic Opportunity under s. 288.11625 or
1439      upon a date specified by the Department of Economic Opportunity
1440      as provided under s. 288.11625(6)(d), the department shall
1441      distribute each month an amount equal to one-twelfth of the
1442      annual distribution amount certified by the Department of
1443      Economic Opportunity for the applicant. The department may not
1444      distribute more than $13 million annually under this sub-
1445      subparagraph.
1446              g.      The department shall distribute $15,333 monthly to the
1447      State Transportation Trust Fund.
1448              h.(I)       On or before July 25, 2021, August 25, 2021, and
1449      September 25, 2021, the department shall distribute $324,533,334
1450      in each of those months to the Unemployment Compensation Trust

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1451      Fund, less an adjustment for refunds issued from the General
1452      Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
1453      distribution. The adjustments made by the department to the
1454      total distributions shall be equal to the total refunds made
1455      pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
1456      subtracted from any single distribution exceeds the
1457      distribution, the department may not make that distribution and
1458      must subtract the remaining balance from the next distribution.
1459              (II)        Beginning July 2022, and on or before the 25th day of
1460      each month, the department shall distribute $90 million monthly
1461      to the Unemployment Compensation Trust Fund.
1462              (III)        If the ending balance of the Unemployment
1463      Compensation Trust Fund exceeds $4,071,519,600 on the last day
1464      of any month, as determined from United States Department of the
1465      Treasury data, the Office of Economic and Demographic Research
1466      shall certify to the department that the ending balance of the
1467      trust fund exceeds such amount.
1468              (IV)        This sub-subparagraph is repealed, and the department
1469      shall end monthly distributions under sub-sub-subparagraph (II),
1470      on the date the department receives certification under sub-sub-
1471      subparagraph (III) or December 31, 2025, whichever is earlier.
1472              7.      All other proceeds must remain in the General Revenue
1473      Fund.
1474              Section 14.           Paragraph (a) of subsection (1) of section
1475      443.1216, Florida Statutes, is amended to read:

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1476              443.1216          Employment.—Employment, as defined in s. 443.036,
1477      is subject to this chapter under the following conditions:
1478              (1)(a)       The employment subject to this chapter includes a
1479      service performed, including a service performed in interstate
1480      commerce, by:
1481              1.      An officer of a corporation.
1482              2.      An individual who, under the usual common-law rules
1483      applicable in determining the employer-employee relationship, is
1484      an employee. However, whenever a client, as defined in s.
1485      443.036(18), which would otherwise be designated as an employing
1486      unit has contracted with an employee leasing company to supply
1487      it with workers, those workers are considered employees of the
1488      employee leasing company. An employee leasing company may lease
1489      corporate officers of the client to the client and other workers
1490      to the client, except as prohibited by regulations of the
1491      Internal Revenue Service. Employees of an employee leasing
1492      company must be reported under the employee leasing company's
1493      tax identification number and contribution rate for work
1494      performed for the employee leasing company.
1495              a.      However, except for the internal employees of an
1496      employee leasing company, each employee leasing company may make
1497      a separate one-time election to report and pay contributions
1498      under the tax identification number and contribution rate for
1499      each client of the employee leasing company. Under the client
1500      method, an employee leasing company choosing this option must

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1501      assign leased employees to the client company that is leasing
1502      the employees. The client method is solely a method to report
1503      and pay unemployment contributions, and, whichever method is
1504      chosen, such election may not impact any other aspect of state
1505      law. An employee leasing company that elects the client method
1506      must pay contributions at the rates assigned to each client
1507      company.
1508              (I)     The election applies to all of the employee leasing
1509      company's current and future clients.
1510              (II)        The employee leasing company must notify the
1511      Department of Revenue of its election by July 1, 2012, and such
1512      election applies to reports and contributions for the first
1513      quarter of the following calendar year. The notification must
1514      include:
1515              (A)     A list of each client company and the unemployment
1516      account number or, if one has not yet been issued, the federal
1517      employment identification number, as established by the employee
1518      leasing company upon the election to file by client method;
1519              (B)     A list of each client company's current and previous
1520      employees and their respective social security numbers for the
1521      prior 3 state fiscal years or, if the client company has not
1522      been a client for the prior 3 state fiscal years, such portion
1523      of the prior 3 state fiscal years that the client company has
1524      been a client must be supplied;
1525              (C)     The wage data and benefit charges associated with each

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1526      client company for the prior 3 state fiscal years or, if the
1527      client company has not been a client for the prior 3 state
1528      fiscal years, such portion of the prior 3 state fiscal years
1529      that the client company has been a client must be supplied. If
1530      the client company's employment record is chargeable with
1531      benefits for less than 8 calendar quarters while being a client
1532      of the employee leasing company, the client company must pay
1533      contributions at the initial rate of 2.7 percent; and
1534              (D)     The wage data and benefit charges for the prior 3
1535      state fiscal years that cannot be associated with a client
1536      company must be reported and charged to the employee leasing
1537      company.
1538              (III)        Subsequent to choosing the client method, the
1539      employee leasing company may not change its reporting method.
1540              (IV)        The employee leasing company shall file a Florida
1541      Department of Revenue Employer's Quarterly Report for each
1542      client company by approved electronic means, and pay all
1543      contributions by approved electronic means.
1544              (V)     For the purposes of calculating experience rates when
1545      the client method is chosen, each client's own benefit charges
1546      and wage data experience while with the employee leasing company
1547      determines each client's tax rate where the client has been a
1548      client of the employee leasing company for at least 8 calendar
1549      quarters before the election. The client company shall continue
1550      to report the nonleased employees under its tax rate.

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1551              (VI)        The election is binding on each client of the
1552      employee leasing company for as long as a written agreement is
1553      in effect between the client and the employee leasing company
1554      pursuant to s. 468.525(3)(a). If the relationship between the
1555      employee leasing company and the client terminates, the client
1556      retains the wage and benefit history experienced under the
1557      employee leasing company.
1558              (VII)       Notwithstanding which election method the employee
1559      leasing company chooses, the applicable client company is an
1560      employing unit for purposes of s. 443.071. The employee leasing
1561      company or any of its officers or agents are liable for any
1562      violation of s. 443.071 engaged in by such persons or entities.
1563      The applicable client company or any of its officers or agents
1564      are liable for any violation of s. 443.071 engaged in by such
1565      persons or entities. The employee leasing company or its
1566      applicable client company is not liable for any violation of s.
1567      443.071 engaged in by the other party or by the other party's
1568      officers or agents.
1569              (VIII)       If an employee leasing company fails to select the
1570      client method of reporting not later than July 1, 2012, the
1571      entity is required to report under the employee leasing
1572      company's tax identification number and contribution rate.
1573              (IX)        After an employee leasing company is licensed
1574      pursuant to part XI of chapter 468, each newly licensed entity
1575      has 30 days after the date the license is granted to notify the

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1576      tax collection service provider in writing of their selection of
1577      the client method. A newly licensed employee leasing company
1578      that fails to timely select reporting pursuant to the client
1579      method of reporting must report under the employee leasing
1580      company's tax identification number and contribution rate.
1581              (X)      Irrespective of the election, each transfer of trade
1582      or business, including workforce, or a portion thereof, between
1583      employee leasing companies is subject to the provisions of s.
1584      443.131(3)(h) s. 443.131(3)(g) if, at the time of the transfer,
1585      there is common ownership, management, or control between the
1586      entities.
1587              b.      In addition to any other report required to be filed by
1588      law, an employee leasing company shall submit a report to the
1589      Labor Market Statistics Center within the Department of Economic
1590      Opportunity which includes each client establishment and each
1591      establishment of the leasing company, or as otherwise directed
1592      by the department. The report must include the following
1593      information for each establishment:
1594              (I)      The trade or establishment name;
1595              (II)        The former reemployment assistance account number, if
1596      available;
1597              (III)       The former federal employer's identification number,
1598      if available;
1599              (IV)        The industry code recognized and published by the
1600      United States Office of Management and Budget, if available;

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1601              (V)      A description of the client's primary business
1602      activity in order to verify or assign an industry code;
1603              (VI)        The address of the physical location;
1604              (VII)        The number of full-time and part-time employees who
1605      worked during, or received pay that was subject to reemployment
1606      assistance taxes for, the pay period including the 12th of the
1607      month for each month of the quarter;
1608              (VIII)        The total wages subject to reemployment assistance
1609      taxes paid during the calendar quarter;
1610              (IX)        An internal identification code to uniquely identify
1611      each establishment of each client;
1612              (X)      The month and year that the client entered into the
1613      contract for services; and
1614              (XI)        The month and year that the client terminated the
1615      contract for services.
1616              c.      The report must be submitted electronically or in a
1617      manner otherwise prescribed by the Department of Economic
1618      Opportunity in the format specified by the Bureau of Labor
1619      Statistics of the United States Department of Labor for its
1620      Multiple Worksite Report for Professional Employer
1621      Organizations. The report must be provided quarterly to the
1622      Labor Market Statistics Center within the department, or as
1623      otherwise directed by the department, and must be filed by the
1624      last day of the month immediately after the end of the calendar
1625      quarter. The information required in sub-sub-subparagraphs b.(X)

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1626      and (XI) need be provided only in the quarter in which the
1627      contract to which it relates was entered into or terminated. The
1628      sum of the employment data and the sum of the wage data in this
1629      report must match the employment and wages reported in the
1630      reemployment assistance quarterly tax and wage report.
1631              d.      The department shall adopt rules as necessary to
1632      administer this subparagraph, and may administer, collect,
1633      enforce, and waive the penalty imposed by s. 443.141(1)(b) for
1634      the report required by this subparagraph.
1635              e.      For the purposes of this subparagraph, the term
1636      "establishment" means any location where business is conducted
1637      or where services or industrial operations are performed.
1638              3.      An individual other than an individual who is an
1639      employee under subparagraph 1. or subparagraph 2., who performs
1640      services for remuneration for any person:
1641              a.      As an agent-driver or commission-driver engaged in
1642      distributing meat products, vegetable products, fruit products,
1643      bakery products, beverages other than milk, or laundry or
1644      drycleaning services for his or her principal.
1645              b.      As a traveling or city salesperson engaged on a full-
1646      time basis in the solicitation on behalf of, and the
1647      transmission to, his or her principal of orders from
1648      wholesalers, retailers, contractors, or operators of hotels,
1649      restaurants, or other similar establishments for merchandise for
1650      resale or supplies for use in the business operations. This sub-

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1651      subparagraph does not apply to an agent-driver or a commission-
1652      driver and does not apply to sideline sales activities performed
1653      on behalf of a person other than the salesperson's principal.
1654              4.      The services described in subparagraph 3. are
1655      employment subject to this chapter only if:
1656              a.      The contract of service contemplates that substantially
1657      all of the services are to be performed personally by the
1658      individual;
1659              b.      The individual does not have a substantial investment
1660      in facilities used in connection with the services, other than
1661      facilities used for transportation; and
1662              c.      The services are not in the nature of a single
1663      transaction that is not part of a continuing relationship with
1664      the person for whom the services are performed.
1665              Section 15.           Effective upon becoming a law and applying
1666      retroactively to April 1, 2020, present paragraphs (f) through
1667      (k) of subsection (3) of section 443.131, Florida Statutes, are
1668      redesignated as paragraphs (g) through (l), respectively, a new
1669      paragraph (f) is added to that subsection, and paragraphs (b)
1670      and (e) of that subsection are amended, to read:
1671              443.131       Contributions.—
1672              (3)      VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
1673      EXPERIENCE.—
1674              (b)     Benefit ratio.—
1675              1.      As used in this paragraph, the term "annual payroll"

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1676      means the calendar quarter taxable payroll reported to the tax
1677      collection service provider for the quarters used in computing
1678      the benefit ratio. The term does not include a penalty resulting
1679      from the untimely filing of required wage and tax reports. All
1680      of the taxable payroll reported to the tax collection service
1681      provider by the end of the quarter preceding the quarter for
1682      which the contribution rate is to be computed must be used in
1683      the computation.
1684              2.      As used in this paragraph, the term "benefits charged
1685      to the employer's employment record" means the amount of
1686      benefits paid to individuals multiplied by:
1687              a.      For benefits paid prior to July 1, 2007, 1.
1688              b.      For benefits paid during the period beginning on July
1689      1, 2007, and ending March 31, 2011, 0.90.
1690              c.      For benefits paid after March 31, 2011, 1.
1691              d.      For benefits paid during the period beginning April 1,
1692      2020, and ending December 31, 2020, 0.
1693              e.      For benefits paid during the period beginning January
1694      1, 2021, and ending June 30, 2021, 1, except as otherwise
1695      adjusted in accordance with paragraph (f).
1696              3.      For each calendar year, the tax collection service
1697      provider shall compute a benefit ratio for each employer whose
1698      employment record was chargeable for benefits during the 12
1699      consecutive quarters ending June 30 of the calendar year
1700      preceding the calendar year for which the benefit ratio is

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1701      computed. An employer's benefit ratio is the quotient obtained
1702      by dividing the total benefits charged to the employer's
1703      employment record during the 3-year period ending June 30 of the
1704      preceding calendar year by the total of the employer's annual
1705      payroll for the 3-year period ending June 30 of the preceding
1706      calendar year. The benefit ratio shall be computed to the fifth
1707      decimal place and rounded to the fourth decimal place.
1708              4.      The tax collection service provider shall compute a
1709      benefit ratio for each employer who was not previously eligible
1710      under subparagraph 3., whose contribution rate is set at the
1711      initial contribution rate in paragraph (2)(a), and whose
1712      employment record was chargeable for benefits during at least 8
1713      calendar quarters immediately preceding the calendar quarter for
1714      which the benefit ratio is computed. The employer's benefit
1715      ratio is the quotient obtained by dividing the total benefits
1716      charged to the employer's employment record during the first 6
1717      of the 8 completed calendar quarters immediately preceding the
1718      calendar quarter for which the benefit ratio is computed by the
1719      total of the employer's annual payroll during the first 7 of the
1720      9 completed calendar quarters immediately preceding the calendar
1721      quarter for which the benefit ratio is computed. The benefit
1722      ratio shall be computed to the fifth decimal place and rounded
1723      to the fourth decimal place and applies for the remainder of the
1724      calendar year. The employer must subsequently be rated on an
1725      annual basis using up to 12 calendar quarters of benefits

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1726      charged and up to 12 calendar quarters of annual payroll. That
1727      employer's benefit ratio is the quotient obtained by dividing
1728      the total benefits charged to the employer's employment record
1729      by the total of the employer's annual payroll during the
1730      quarters used in his or her first computation plus the
1731      subsequent quarters reported through June 30 of the preceding
1732      calendar year. Each subsequent calendar year, the rate shall be
1733      computed under subparagraph 3. The tax collection service
1734      provider shall assign a variation from the standard rate of
1735      contributions in paragraph (c) on a quarterly basis to each
1736      eligible employer in the same manner as an assignment for a
1737      calendar year under paragraph (e).
1738              (e)     Assignment of variations from the standard rate.—
1739              1.      As used in this paragraph, the terms "total benefit
1740      payments," "benefits paid to an individual," and "benefits
1741      charged to the employment record of an employer" mean the amount
1742      of benefits paid to individuals multiplied by:
1743              a.      For benefits paid prior to July 1, 2007, 1.
1744              b.      For benefits paid during the period beginning on July
1745      1, 2007, and ending March 31, 2011, 0.90.
1746              c.      For benefits paid after March 31, 2011, 1.
1747              d.      For benefits paid during the period beginning April 1,
1748      2020, and ending December 31, 2020, 0.
1749              e.      For benefits paid during the period beginning January
1750      1, 2021, and ending June 30, 2021, 1, except as otherwise

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1751      adjusted in accordance with paragraph (f).
1752              2.      For the calculation of contribution rates effective
1753      January 1, 2012, and thereafter:
1754              a.      The tax collection service provider shall assign a
1755      variation from the standard rate of contributions for each
1756      calendar year to each eligible employer. In determining the
1757      contribution rate, varying from the standard rate to be assigned
1758      each employer, adjustment factors computed under sub-sub-
1759      subparagraphs (I)-(IV) are added to the benefit ratio. This
1760      addition shall be accomplished in two steps by adding a variable
1761      adjustment factor and a final adjustment factor. The sum of
1762      these adjustment factors computed under sub-sub-subparagraphs
1763      (I)-(IV) shall first be algebraically summed. The sum of these
1764      adjustment factors shall next be divided by a gross benefit
1765      ratio determined as follows: Total benefit payments for the 3-
1766      year period described in subparagraph (b)3. are charged to
1767      employers eligible for a variation from the standard rate, minus
1768      excess payments for the same period, divided by taxable payroll
1769      entering into the computation of individual benefit ratios for
1770      the calendar year for which the contribution rate is being
1771      computed. The ratio of the sum of the adjustment factors
1772      computed under sub-sub-subparagraphs (I)-(IV) to the gross
1773      benefit ratio is multiplied by each individual benefit ratio
1774      that is less than the maximum contribution rate to obtain
1775      variable adjustment factors; except that if the sum of an

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          PCS for CS/HB 15                           ORIGINAL                                                  2021




1776      employer's individual benefit ratio and variable adjustment
1777      factor exceeds the maximum contribution rate, the variable
1778      adjustment factor is reduced in order for the sum to equal the
1779      maximum contribution rate. The variable adjustment factor for
1780      each of these employers is multiplied by his or her taxable
1781      payroll entering into the computation of his or her benefit
1782      ratio. The sum of these products is divided by the taxable
1783      payroll of the employers who entered into the computation of
1784      their benefit ratios. The resulting ratio is subtracted from the
1785      sum of the adjustment factors computed under sub-sub-
1786      subparagraphs (I)-(IV) to obtain the final adjustment factor.
1787      The variable adjustment factors and the final adjustment factor
1788      must be computed to five decimal places and rounded to the
1789      fourth decimal place. This final adjustment factor is added to
1790      the variable adjustment factor and benefit ratio of each
1791      employer to obtain each employer's contribution rate. An
1792      employer's contribution rate may not, however, be rounded to
1793      less than 0.1 percent. In determining the contribution rate,
1794      varying from the standard rate to be assigned, the computation
1795      shall exclude any benefit that is excluded by the multipliers
1796      under subparagraph (b)2. and subparagraph 1. The computation of
1797      the contribution rate, varying from the standard rate to be
1798      assigned, shall also exclude any benefit paid as a result of a
1799      governmental order related to COVID-19 to close or reduce
1800      capacity of a business. In addition, the contribution rate for

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          PCS for CS/HB 15                           ORIGINAL                                                  2021




1801      the 2021 and 2022 calendar years shall be calculated without the
1802      application of the positive adjustment factor in sub-sub-
1803      subparagraph (III).
1804              (I)     An adjustment factor for noncharge benefits is
1805      computed to the fifth decimal place and rounded to the fourth
1806      decimal place by dividing the amount of noncharge benefits
1807      during the 3-year period described in subparagraph (b)3. by the
1808      taxable payroll of employers eligible for a variation from the
1809      standard rate who have a benefit ratio for the current year
1810      which is less than the maximum contribution rate. For purposes
1811      of computing this adjustment factor, the taxable payroll of
1812      these employers is the taxable payrolls for the 3 years ending
1813      June 30 of the current calendar year as reported to the tax
1814      collection service provider by September 30 of the same calendar
1815      year. As used in this sub-sub-subparagraph, the term "noncharge
1816      benefits" means benefits paid to an individual, as adjusted
1817      pursuant to subparagraph (b)2. and subparagraph 1., from the
1818      Unemployment Compensation Trust Fund, but which were not charged
1819      to the employment record of any employer, but excluding any
1820      benefit paid as a result of a governmental order related to
1821      COVID-19 to close or reduce capacity of a business.
1822              (II)        An adjustment factor for excess payments is computed
1823      to the fifth decimal place, and rounded to the fourth decimal
1824      place by dividing the total excess payments during the 3-year
1825      period described in subparagraph (b)3. by the taxable payroll of

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1826      employers eligible for a variation from the standard rate who
1827      have a benefit ratio for the current year which is less than the
1828      maximum contribution rate. For purposes of computing this
1829      adjustment factor, the taxable payroll of these employers is the
1830      same figure used to compute the adjustment factor for noncharge
1831      benefits under sub-sub-subparagraph (I). As used in this sub-
1832      subparagraph, the term "excess payments" means the amount of
1833      benefits charged to the employment record of an employer, as
1834      adjusted pursuant to subparagraph (b)2. and subparagraph 1.,
1835      during the 3-year period described in subparagraph (b)3., but
1836      excluding any benefit paid as a result of a governmental order
1837      related to COVID-19 to close or reduce capacity of a business,
1838      less the product of the maximum contribution rate and the
1839      employer's taxable payroll for the 3 years ending June 30 of the
1840      current calendar year as reported to the tax collection service
1841      provider by September 30 of the same calendar year. As used in
1842      this sub-sub-subparagraph, the term "total excess payments"
1843      means the sum of the individual employer excess payments for
1844      those employers that were eligible for assignment of a
1845      contribution rate different from the standard rate.
1846              (III)       With respect to computing a positive adjustment
1847      factor:
1848              (A)     Beginning January 1, 2012, if the balance of the
1849      Unemployment Compensation Trust Fund on September 30 of the
1850      calendar year immediately preceding the calendar year for which

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1851      the contribution rate is being computed is less than 4 percent
1852      of the taxable payrolls for the year ending June 30 as reported
1853      to the tax collection service provider by September 30 of that
1854      calendar year, a positive adjustment factor shall be computed.
1855      The positive adjustment factor is computed annually to the fifth
1856      decimal place and rounded to the fourth decimal place by
1857      dividing the sum of the total taxable payrolls for the year
1858      ending June 30 of the current calendar year as reported to the
1859      tax collection service provider by September 30 of that calendar
1860      year into a sum equal to one-fifth of the difference between the
1861      balance of the fund as of September 30 of that calendar year and
1862      the sum of 5 percent of the total taxable payrolls for that
1863      year. The positive adjustment factor remains in effect for
1864      subsequent years until the balance of the Unemployment
1865      Compensation Trust Fund as of September 30 of the year
1866      immediately preceding the effective date of the contribution
1867      rate equals or exceeds 4 percent of the taxable payrolls for the
1868      year ending June 30 of the current calendar year as reported to
1869      the tax collection service provider by September 30 of that
1870      calendar year.
1871              (B)     Beginning January 1, 2018, and for each year
1872      thereafter, the positive adjustment shall be computed by
1873      dividing the sum of the total taxable payrolls for the year
1874      ending June 30 of the current calendar year as reported to the
1875      tax collection service provider by September 30 of that calendar

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1876      year into a sum equal to one-fourth of the difference between
1877      the balance of the fund as of September 30 of that calendar year
1878      and the sum of 5 percent of the total taxable payrolls for that
1879      year. The positive adjustment factor remains in effect for
1880      subsequent years until the balance of the Unemployment
1881      Compensation Trust Fund as of September 30 of the year
1882      immediately preceding the effective date of the contribution
1883      rate equals or exceeds 4 percent of the taxable payrolls for the
1884      year ending June 30 of the current calendar year as reported to
1885      the tax collection service provider by September 30 of that
1886      calendar year.
1887              (IV)        If, beginning January 1, 2015, and each year
1888      thereafter, the balance of the Unemployment Compensation Trust
1889      Fund as of September 30 of the year immediately preceding the
1890      calendar year for which the contribution rate is being computed
1891      exceeds 5 percent of the taxable payrolls for the year ending
1892      June 30 of the current calendar year as reported to the tax
1893      collection service provider by September 30 of that calendar
1894      year, a negative adjustment factor must be computed. The
1895      negative adjustment factor shall be computed annually beginning
1896      on January 1, 2015, and each year thereafter, to the fifth
1897      decimal place and rounded to the fourth decimal place by
1898      dividing the sum of the total taxable payrolls for the year
1899      ending June 30 of the current calendar year as reported to the
1900      tax collection service provider by September 30 of the calendar

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1901      year into a sum equal to one-fourth of the difference between
1902      the balance of the fund as of September 30 of the current
1903      calendar year and 5 percent of the total taxable payrolls of
1904      that year. The negative adjustment factor remains in effect for
1905      subsequent years until the balance of the Unemployment
1906      Compensation Trust Fund as of September 30 of the year
1907      immediately preceding the effective date of the contribution
1908      rate is less than 5 percent, but more than 4 percent of the
1909      taxable payrolls for the year ending June 30 of the current
1910      calendar year as reported to the tax collection service provider
1911      by September 30 of that calendar year. The negative adjustment
1912      authorized by this section is suspended in any calendar year in
1913      which repayment of the principal amount of an advance received
1914      from the federal Unemployment Compensation Trust Fund under 42
1915      U.S.C. s. 1321 is due to the Federal Government.
1916              (V)     The maximum contribution rate that may be assigned to
1917      an employer is 5.4 percent, except employers participating in an
1918      approved short-time compensation plan may be assigned a maximum
1919      contribution rate that is 1 percent greater than the maximum
1920      contribution rate for other employers in any calendar year in
1921      which short-time compensation benefits are charged to the
1922      employer's employment record.
1923              (VI)        As used in this subsection, "taxable payroll" shall
1924      be determined by excluding any part of the remuneration paid to
1925      an individual by an employer for employment during a calendar

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1926      year in excess of the first $7,000. Beginning January 1, 2012,
1927      "taxable payroll" shall be determined by excluding any part of
1928      the remuneration paid to an individual by an employer for
1929      employment during a calendar year as described in s.
1930      443.1217(2). For the purposes of the employer rate calculation
1931      that will take effect in January 1, 2012, and in January 1,
1932      2013, the tax collection service provider shall use the data
1933      available for taxable payroll from 2009 based on excluding any
1934      part of the remuneration paid to an individual by an employer
1935      for employment during a calendar year in excess of the first
1936      $7,000, and from 2010 and 2011, the data available for taxable
1937      payroll based on excluding any part of the remuneration paid to
1938      an individual by an employer for employment during a calendar
1939      year in excess of the first $8,500.
1940              b.      If the transfer of an employer's employment record to
1941      an employing unit under paragraph (g) (f) which, before the
1942      transfer, was an employer, the tax collection service provider
1943      shall recompute a benefit ratio for the successor employer based
1944      on the combined employment records and reassign an appropriate
1945      contribution rate to the successor employer effective on the
1946      first day of the calendar quarter immediately after the
1947      effective date of the transfer.
1948              3.      The tax collection service provider shall reissue rates
1949      for the 2021 calendar year. However, an employer shall continue
1950      to timely file its employer's quarterly reports and pay the

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1951      contributions due in a timely manner in accordance with the
1952      rules of the Department of Economic Opportunity. The Department
1953      of Revenue shall post the revised rates on its website to enable
1954      employers to securely review the revised rates. For
1955      contributions for the first quarter of the 2021 calendar year,
1956      if any employer remits to the tax collection service provider an
1957      amount in excess of the amount that would be due as calculated
1958      pursuant to this paragraph, the tax collection service provider
1959      shall refund the excess amount from the amount erroneously
1960      collected. Notwithstanding s. 443.141(6), refunds issued through
1961      August 31, 2021, for first quarter 2021 contributions must be
1962      paid from the General Revenue Fund.
1963              4.      The tax collection service provider shall calculate and
1964      assign contribution rates effective January 1, 2022, through
1965      December 31, 2022, excluding any benefit charge that is excluded
1966      by the multipliers under subparagraph (b)2. and subparagraph 1.;
1967      without the application of the positive adjustment factor in
1968      sub-sub-subparagraph 2.a.(III); and without the inclusion of any
1969      benefit charge directly related to COVID-19 as a result of a
1970      governmental order to close or reduce capacity of a business, as
1971      determined by the Department of Economic Opportunity, for each
1972      employer who is eligible for a variation from the standard rate
1973      pursuant to paragraph (d). The Department of Economic
1974      Opportunity shall provide the tax collection service provider
1975      with all necessary benefit charge information by August 1, 2021,

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1976      including specific information for adjustments related to COVID-
1977      19 charges resulting from a governmental order to close or
1978      reduce capacity of a business, to enable the tax collection
1979      service provider to calculate and issue tax rates effective
1980      January 1, 2022. The tax collection service provider shall
1981      calculate and post rates for the 2022 calendar year by March 1,
1982      2022.
1983              5.      Subject to subparagraph 6., the tax collection service
1984      provider shall calculate and assign contribution rates effective
1985      January 1, 2023, through December 31, 2025, excluding any
1986      benefit charge that is excluded by the multipliers under
1987      subparagraph (b)2. and subparagraph 1.; without the application
1988      of the positive adjustment factor in sub-sub-subparagraph
1989      2.a.(III); and without the inclusion of any benefit charge
1990      directly related to COVID-19 as a result of a governmental order
1991      to close or reduce capacity of a business, as determined by the
1992      Department of Economic Opportunity, for each employer who is
1993      eligible for a variation from the standard rate pursuant to
1994      paragraph (d). The Department of Economic Opportunity shall
1995      provide the tax collection service provider with all necessary
1996      benefit charge information by August 1 of each year, including
1997      specific information for adjustments related to COVID-19 charges
1998      resulting from a governmental order to close or reduce capacity
1999      of a business, to enable the tax collection service provider to
2000      calculate and issue tax rates effective the following January.

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2001              6.      If the balance of the Unemployment Compensation Trust
2002      Fund on June 30 of any year exceeds $4,071,519,600, subparagraph
2003      5. is repealed for rates effective the following years. The
2004      Office of Economic and Demographic Research shall advise the tax
2005      collection service provider of the balance of the trust fund on
2006      June 30 by August 1 of that year. After the repeal of
2007      subparagraph 5. and notwithstanding the dates specified in that
2008      subparagraph, the tax collection service provider shall
2009      calculate and assign contribution rates for each subsequent
2010      calendar year as otherwise provided in this section.
2011              (f)     Adjustment in benefit ratio multiplier.—For purposes
2012      of calculating the benefits charged for the period beginning
2013      January 1, 2021, and ending June 30, 2021, pursuant to sub-
2014      subparagraphs (b)2.e. and (e)1.e., the amount of benefits paid
2015      to individuals shall be multiplied by 1, unless such calculation
2016      results in estimated total contributions of more than $475.5
2017      million for calendar year 2022 as estimated by the Office of
2018      Economic and Demographic Research, based on the preliminary 2022
2019      computed rate. If the estimated total contributions calculated
2020      are more than $475.5 million, the multiplier in sub-
2021      subparagraphs (b)2.e. and (e)1.e. shall be reduced by increments
2022      of 0.05 until the estimated total contributions are $475.5
2023      million or less. The Office of Economic and Demographic Research
2024      shall provide the incremental reduction, if any, to the tax
2025      collection service provider by January 1, 2022.

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          PCS for CS/HB 15                           ORIGINAL                                                  2021




2026              Section 16.           Subsection (1) of section 443.191, Florida
2027      Statutes, is amended to read:
2028              443.191       Unemployment Compensation Trust Fund;
2029      establishment and control.—
2030              (1)     There is established, as a separate trust fund apart
2031      from all other public funds of this state, an Unemployment
2032      Compensation Trust Fund, which shall be administered by the
2033      Department of Economic Opportunity exclusively for the purposes
2034      of this chapter. The fund must consist of:
2035              (a)     All contributions and reimbursements collected under
2036      this chapter;
2037              (b)     Interest earned on any moneys in the fund;
2038              (c)     Any property or securities acquired through the use of
2039      moneys belonging to the fund;
2040              (d)     All earnings of these properties or securities;
2041              (e)     All money credited to this state's account in the
2042      federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
2043      1103;
2044              (f)     All money collected for penalties imposed pursuant to
2045      s. 443.151(6)(a); and
2046              (g)     Advances on the amount in the federal Unemployment
2047      Compensation Trust Fund credited to the state under 42 U.S.C. s.
2048      1321, as requested by the Governor or the Governor's designee;
2049      and
2050              (h)     All money deposited in this account as a distribution

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2051      pursuant to s. 212.20(6)(d)6.h.
2052
2053      Except as otherwise provided in s. 443.1313(4), all moneys in
2054      the fund must be mingled and undivided.
2055              Section 17.           Paragraph (b) of subsection (1) of section
2056      212.04, Florida Statutes, is amended to read:
2057              212.04       Admissions tax; rate, procedure, enforcement.—
2058              (1)
2059              (b)     For the exercise of such privilege, a tax is levied at
2060      the rate of 6 percent of sales price, or the actual value
2061      received from such admissions, which 6 percent shall be added to
2062      and collected with all such admissions from the purchaser
2063      thereof, and such tax shall be paid for the exercise of the
2064      privilege as defined in the preceding paragraph. Each ticket
2065      must show on its face the actual sales price of the admission,
2066      or each dealer selling the admission must prominently display at
2067      the box office or other place where the admission charge is made
2068      a notice disclosing the price of the admission, and the tax
2069      shall be computed and collected on the basis of the actual price
2070      of the admission charged by the dealer. The sale price or actual
2071      value of admission shall, for the purpose of this chapter, be
2072      that price remaining after deduction of federal taxes and state
2073      or locally imposed or authorized seat surcharges, taxes, or
2074      fees, if any, imposed upon such admission. The sale price or
2075      actual value does not include separately stated ticket service

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2076      charges that are imposed by a facility ticket office or a
2077      ticketing service and added to a separately stated, established
2078      ticket price. The rate of tax on each admission shall be
2079      according to the algorithm provided in s. 212.12 brackets
2080      established by s. 212.12(9).
2081              Section 18.            Subsection (6) of section 212.0506, Florida
2082      Statutes, is amended to read:
2083              212.0506          Taxation of service warranties.—
2084              (6)     This tax shall be due and payable according to the
2085      algorithm provided brackets set forth in s. 212.12.
2086              Section 19.            Subsection (3) of section 213.015, Florida
2087      Statutes, is amended to read:
2088              213.015       Taxpayer rights.—There is created a Florida
2089      Taxpayer's Bill of Rights to guarantee that the rights, privacy,
2090      and property of Florida taxpayers are adequately safeguarded and
2091      protected during tax assessment, collection, and enforcement
2092      processes administered under the revenue laws of this state. The
2093      Taxpayer's Bill of Rights compiles, in one document, brief but
2094      comprehensive statements which explain, in simple, nontechnical
2095      terms, the rights and obligations of the Department of Revenue
2096      and taxpayers. Section 192.0105 provides additional rights
2097      afforded to payors of property taxes and assessments. The rights
2098      afforded taxpayers to ensure that their privacy and property are
2099      safeguarded and protected during tax assessment and collection
2100      are available only insofar as they are implemented in other

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          PCS for CS/HB 15                            ORIGINAL                                                 2021




2101      parts of the Florida Statutes or rules of the Department of
2102      Revenue. The rights so guaranteed Florida taxpayers in the
2103      Florida Statutes and the departmental rules are:
2104              (3)     The right to be represented or advised by counsel or
2105      other qualified representatives at any time in administrative
2106      interactions with the department, the right to procedural
2107      safeguards with respect to recording of interviews during tax
2108      determination or collection processes conducted by the
2109      department, the right to be treated in a professional manner by
2110      department personnel, and the right to have audits, inspections
2111      of records, and interviews conducted at a reasonable time and
2112      place except in criminal and internal investigations (see ss.
2113      198.06, 199.218, 201.11(1), 203.02, 206.14, 211.125(3),
2114      211.33(3), 212.0305(3), 212.12(5)(a), (6)(a), and (12) (13),
2115      212.13(5), 213.05, 213.21(1)(a) and (c), and 213.34).
2116              Section 20.           (1)       For the period of July 1, 2021, through
2117      September 30, 2021, a taxpayer may calculate the tax due under
2118      chapter 212, Florida Statutes, by applying s. 212.12, Florida
2119      Statutes, as amended by this act, or by applying the appropriate
2120      bracket system pursuant to former s. 212.12, Florida Statutes
2121      2020.
2122              (2)     This section does not establish a right to a refund or
2123      credit of taxes already paid.
2124              (3)     This section is repealed October 1, 2021.
2125              Section 21.           Subsection (5) of section 213.27, Florida

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          PCS for CS/HB 15                           ORIGINAL                                                  2021




2126      Statutes, is amended to read:
2127              213.27       Contracts with debt collection agencies and certain
2128      vendors.—
2129              (5)     The department may, for the purpose of ascertaining
2130      the amount of or collecting any taxes due from a person making
2131      or facilitating remote sales under s. 212.0596 or s. 212.05965
2132      doing mail order business in this state, contract with any
2133      auditing agency doing business within or without this state for
2134      the purpose of conducting an audit of such person mail order
2135      business; however, such audit agency may not conduct an audit on
2136      behalf of the department of any person domiciled in this state,
2137      person registered for sales and use tax purposes in this state,
2138      or corporation filing a Florida corporate tax return, if any
2139      such person or corporation objects to such audit in writing to
2140      the department and the auditing agency. The department shall
2141      notify the taxpayer by mail at least 30 days before the
2142      department assigns the collection of such taxes.
2143              Section 22.           For the purpose of incorporating the amendment
2144      made by this act to section 212.054, Florida Statutes, in
2145      references thereto, paragraph (c) of subsection (2), paragraph
2146      (c) of subsection (3), paragraph (c) of subsection (8), and
2147      paragraph (c) of subsection (9) of section 212.055, Florida
2148      Statutes, are reenacted to read:
2149              212.055       Discretionary sales surtaxes; legislative intent;
2150      authorization and use of proceeds.—It is the legislative intent

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          PCS for CS/HB 15                           ORIGINAL                                                  2021




2151      that any authorization for imposition of a discretionary sales
2152      surtax shall be published in the Florida Statutes as a
2153      subsection of this section, irrespective of the duration of the
2154      levy. Each enactment shall specify the types of counties
2155      authorized to levy; the rate or rates which may be imposed; the
2156      maximum length of time the surtax may be imposed, if any; the
2157      procedure which must be followed to secure voter approval, if
2158      required; the purpose for which the proceeds may be expended;
2159      and such other requirements as the Legislature may provide.
2160      Taxable transactions and administrative procedures shall be as
2161      provided in s. 212.054.
2162              (2)      LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
2163              (c)      Pursuant to s. 212.054(4), the proceeds of the surtax
2164      levied under this subsection shall be distributed to the county
2165      and the municipalities within such county in which the surtax
2166      was collected, according to:
2167              1.      An interlocal agreement between the county governing
2168      authority and the governing bodies of the municipalities
2169      representing a majority of the county's municipal population,
2170      which agreement may include a school district with the consent
2171      of the county governing authority and the governing bodies of
2172      the municipalities representing a majority of the county's
2173      municipal population; or
2174              2.      If there is no interlocal agreement, according to the
2175      formula provided in s. 218.62.

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2176
2177      Any change in the distribution formula must take effect on the
2178      first day of any month that begins at least 60 days after
2179      written notification of that change has been made to the
2180      department.
2181              (3)      SMALL COUNTY SURTAX.—
2182              (c)      Pursuant to s. 212.054(4), the proceeds of the surtax
2183      levied under this subsection shall be distributed to the county
2184      and the municipalities within the county in which the surtax was
2185      collected, according to:
2186              1.      An interlocal agreement between the county governing
2187      authority and the governing bodies of the municipalities
2188      representing a majority of the county's municipal population,
2189      which agreement may include a school district with the consent
2190      of the county governing authority and the governing bodies of
2191      the municipalities representing a majority of the county's
2192      municipal population; or
2193              2.      If there is no interlocal agreement, according to the
2194      formula provided in s. 218.62.
2195
2196      Any change in the distribution formula shall take effect on the
2197      first day of any month that begins at least 60 days after
2198      written notification of that change has been made to the
2199      department.
2200              (8)      EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—

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          PCS for CS/HB 15                           ORIGINAL                                                  2021




2201              (c)     Pursuant to s. 212.054(4), the proceeds of the
2202      discretionary sales surtax collected under this subsection, less
2203      an administrative fee that may be retained by the Department of
2204      Revenue, shall be distributed by the department to the county.
2205      The county shall distribute the proceeds it receives from the
2206      department to each local government entity providing emergency
2207      fire rescue services in the county. The surtax proceeds, less an
2208      administrative fee not to exceed 2 percent of the surtax
2209      collected, shall be distributed by the county based on each
2210      entity's average annual expenditures for fire control and
2211      emergency fire rescue services in the 5 fiscal years preceding
2212      the fiscal year in which the surtax takes effect in proportion
2213      to the average annual total of the expenditures for such
2214      entities in the 5 fiscal years preceding the fiscal year in
2215      which the surtax takes effect. The county shall revise the
2216      distribution proportions to reflect a change in the service area
2217      of an entity receiving a distribution of the surtax proceeds. If
2218      an entity declines its share of surtax revenue, such revenue
2219      shall be redistributed proportionally to the entities that are
2220      participating in the sharing of such revenue based on each
2221      participating entity's average annual expenditures for fire
2222      control and emergency fire rescue services in the preceding 5
2223      fiscal years in proportion to the average annual total of the
2224      expenditures for the participating entities in the preceding 5
2225      fiscal years.

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          PCS for CS/HB 15                            ORIGINAL                                                 2021




2226              (9)     PENSION LIABILITY SURTAX.—
2227              (c)     Pursuant to s. 212.054(4), the proceeds of the surtax
2228      collected under this subsection, less an administrative fee that
2229      may be retained by the department, shall be distributed by the
2230      department to the local government.
2231              Section 23.           This act first applies to remote sales made or
2232      facilitated on or after July 1, 2021, by a person who made or
2233      facilitated a substantial number of remote sales in calendar
2234      year 2020. A marketplace seller shall consider only those sales
2235      made outside of a marketplace to determine whether it made a
2236      substantial number of remote sales in calendar year 2020.
2237              Section 24.           (1)       A person subject to the requirements of
2238      this act to collect and remit the tax under chapter 212, Florida
2239      Statutes, on remote sales is relieved of liability for tax,
2240      penalty, and interest due on remote sales that occurred before
2241      July 1, 2021, provided that the person registers with the
2242      department before October 1, 2021. This subsection is also
2243      intended to provide relief to a marketplace seller for remote
2244      sales made before July 1, 2021, which were facilitated by a
2245      marketplace provider. For a marketplace provider with a physical
2246      presence in this state, this subsection is intended to provide
2247      relief only for sales facilitated by the marketplace provider on
2248      behalf of a marketplace seller. This subsection does not apply
2249      to a person who is under audit; has been issued a bill, notice,
2250      or demand for payment; or is under an administrative or judicial

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2251      proceeding as of July 1, 2021.
2252              (2)     The department may not use data received from
2253      registered marketplace providers or persons making remote sales
2254      for the purposes of identifying use tax liabilities occurring
2255      before July 1, 2021, from unregistered persons who but for their
2256      purchases from the registered taxpayer would not be required to
2257      remit sales or use tax directly to the department. This
2258      subsection does not apply to a person who is under audit; has
2259      been issued a bill, notice, or demand for payment; or is under
2260      an administrative or judicial proceeding as of July 1, 2021.
2261              (3)     This section does not establish a right to a refund or
2262      credit of taxes already paid.
2263              Section 25.           (1)       The Department of Revenue is authorized,
2264      and all conditions are deemed met, to adopt emergency rules
2265      pursuant to s. 120.54(4), Florida Statutes, for the purpose of
2266      administering this act.
2267              (2)     Notwithstanding any other law, emergency rules adopted
2268      pursuant to subsection (1) are effective for 6 months after
2269      adoption and may be renewed during the pendency of procedures to
2270      adopt permanent rules addressing the subject of the emergency
2271      rules.
2272              (3)     This section shall take effect upon this act becoming
2273      a law and expires July 1, 2023.
2274              Section 26.           Notwithstanding s. 287.057, Florida Statutes,
2275      the Department of Revenue is authorized to contract with a

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2276      qualified vendor to provide services necessary to administer
2277      this act without using a competitive solicitation process. The
2278      authority granted to the Department of Revenue by this section
2279      applies solely to the implementation and administration of this
2280      act and may not be used for any other purpose. Such authority
2281      ends, and any contract entered into pursuant to this section
2282      still in force becomes void, upon the expiration of this
2283      section. This section expires June 30, 2023.
2284              Section 27.           For the 2020-2021 fiscal year, the sum of
2285      $353,000 in nonrecurring funds is appropriated from the General
2286      Revenue Fund to the Department of Revenue for the purpose of
2287      implementing this act. Funds remaining unexpended or
2288      unencumbered from this appropriation as of June 30, 2021, shall
2289      revert and be reappropriated for the same purpose in the 2021-
2290      2022 fiscal year.
2291              Section 28.           If any provision of this act or its
2292      application to any person or circumstance is held invalid, the
2293      invalidity does not affect other provisions or applications of
2294      the act which can be given effect without the invalid provision
2295      or application, and to this end the provisions of this act are
2296      severable.
2297              Section 29.           Except as otherwise expressly provided in this
2298      act and except for this section, which shall take effect upon
2299      this act becoming a law, this act shall take effect July 1,
2300      2021.

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