Amendment
Bill No. CS/CS/CS/HB 907
Amendment No. 636819
CHAMBER ACTION
Senate House
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1Representative Tobia offered the following:
2
3     Amendment (with title amendment)
4     Between lines 231 and 232, insert:
5     Section 5.  Section 220.11, Florida Statutes, is amended to
6read:
7     220.11  Tax imposed.-
8     (1)  A tax measured by net income is hereby imposed on
9every taxpayer for each taxable year commencing on or after
10January 1, 1972, and for each taxable year which begins before
11and ends after January 1, 1972, for the privilege of conducting
12business, earning or receiving income in this state, or being a
13resident or citizen of this state. Such tax shall be in addition
14to all other occupation, excise, privilege, and property taxes
15imposed by this state or by any political subdivision thereof,
16including any municipality or other district, jurisdiction, or
17authority of this state.
18     (2)  The tax imposed by this section shall be an amount
19equal to 5 1/2 percent of the taxpayer's net income for the
20taxable year.
21     (3)  The tax imposed by this section, for taxpayers
22determining taxable income under s. 220.13(2)(k), shall be an
23amount equal to 3.3 percent of the taxpayer's net income for the
24taxable year.
25     (4)  In the case of a taxpayer to which s. 55 of the
26Internal Revenue Code is applied for the taxable year, the
27amount of tax determined under this section shall be the greater
28of the tax determined under subsection (2) without the
29application of s. 55 of the Internal Revenue Code or the tax
30determined under subsection (3).
31     (5)  This section expires December 31, 2013, and the
32expiration of the tax in this section first applies to the
33taxable year of a taxpayer beginning on or after January 1,
342013.
35     Section 6.  The Department of Revenue is authorized, and
36all conditions are deemed met, to adopt emergency rules to
37administer sections 5 and 7 of this act. The emergency rules
38shall remain in effect for 6 months after adoption and may be
39renewed during the pendency of procedures to adopt permanent
40rules addressing the subject of the emergency rules.
41     Section 7.  Legislative findings; intent; application.-The
42Legislature recognizes that issues relating to the collection
43and liability for the payment of corporate income taxes imposed
44before the effective date of the repeal provided for in section
455 of this act shall remain unresolved after the effective date
46of the repeal. To ensure that the resolution of those issues
47occurs in as orderly a manner as possible, the Legislature finds
48it necessary to delay the repeal of certain other sections of
49chapter 220, Florida Statutes, relating to the corporate income
50tax. To that end and to the extent that the remaining sections
51of chapter 220, Florida Statutes, are not manifestly
52inapplicable or incompatible with the resolution of issues
53arising before the effective date of the repeal provided for in
54section 5 of this act, the Legislature intends for the remaining
55sections to apply.
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T I T L E  A M E N D M E N T
60     Remove line 37 and insert:
61tax when certain transfers of a business occur; amending s.
62220.11, F.S.; providing for the future repeal of the corporate
63income tax; providing that the termination of the corporate
64income tax applies to taxable years of a taxpayer which begin on
65or after January 1, 2013; authorizing the Department of Revenue
66to adopt rules; providing legislative findings and intent;
67providing application; providing


CODING: Words stricken are deletions; words underlined are additions.