Florida Senate - 2013                                    SB 1828
       
       
       
       By the Committee on Appropriations
       
       
       
       
       576-03150-13                                          20131828__
    1                        A bill to be entitled                      
    2         An act relating to tax administration; amending s.
    3         198.13, F.S.; deleting a requirement for filing a tax
    4         return for a decedent who dies after a certain date;
    5         amending s. 211.3103, F.S.; expanding the definition
    6         of “phosphate-related expenses” for the purpose of
    7         distributing certain tax proceeds; amending s. 212.07,
    8         F.S.; conforming a cross-reference to changes made by
    9         the act; providing monetary and criminal penalties for
   10         a dealer’s willful failure to collect certain taxes or
   11         fees after receiving notice of such duty to collect
   12         from the Department of Revenue; amending s. 212.12,
   13         F.S.; deleting provisions relating to the imposition
   14         of criminal penalties after department notice of
   15         requirements to register as a dealer or to collect
   16         taxes; making technical and grammatical changes to
   17         provisions specifying penalties for making a false or
   18         fraudulent return with the intent to evade payment of
   19         a tax or fee; amending s. 212.14, F.S.; modifying the
   20         definition of the term “person”; authorizing the
   21         department to adopt rules relating to requirements for
   22         a person to deposit cash, a bond, or other security
   23         with the department in order to ensure compliance with
   24         sales tax laws; making technical and grammatical
   25         changes; amending s. 212.18, F.S.; providing criminal
   26         penalties for a person who willfully fails to register
   27         as a dealer after receiving notice of such duty by the
   28         department; making technical and grammatical changes;
   29         reenacting s. 212.20, F.S., relating to the
   30         disposition of funds collected; amending s. 213.13,
   31         F.S.; revising the due date for transmitting funds
   32         collected by the clerks of court to the department;
   33         providing retroactive application; amending s. 213.21,
   34         F.S.; increasing dollar threshold of compromise
   35         authority that can be delegated to the executive
   36         director; creating s. 213.295, F.S., relating to
   37         automated sales suppression devices; providing
   38         definitions; subjecting a person to criminal penalties
   39         and monetary penalties for knowingly selling or
   40         engaging in certain other actions involving a zapper
   41         or phantom-ware; providing that sales suppression
   42         devices and phantom-ware are contraband articles under
   43         the Florida Contraband Forfeiture Act; amending s.
   44         443.131, F.S.; imposing a requirement on employers to
   45         produce records for the Department of Economic
   46         Opportunity or its tax collection service provider as
   47         a prerequisite for a reduction in the rate of
   48         reemployment tax; amending s. 443.141, F.S.; providing
   49         a method to calculate the interest rate for past due
   50         contributions and reimbursements, and delinquent,
   51         erroneous, incomplete, or insufficient reports;
   52         providing effective dates.
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Operating retroactively to January 1, 2013,
   57  subsection (4) of section 198.13, Florida Statutes, is amended
   58  to read:
   59         198.13 Tax return to be made in certain cases; certificate
   60  of nonliability.—
   61         (4) Notwithstanding any other provisions of this section
   62  and applicable to the estate of a decedent who dies after
   63  December 31, 2004, if, upon the death of the decedent, a state
   64  death tax credit or a generation-skipping transfer credit is not
   65  allowable pursuant to the Internal Revenue Code of 1986, as
   66  amended:
   67         (a) The personal representative of the estate is not
   68  required to file a return under subsection (1) in connection
   69  with the estate.
   70         (b) The person who would otherwise be required to file a
   71  return reporting a generation-skipping transfer under subsection
   72  (3) is not required to file such a return in connection with the
   73  estate.
   74  
   75  The provisions of this subsection do not apply to estates of
   76  decedents dying after December 31, 2012.
   77         Section 2. Paragraph (c) of subsection (6) of section
   78  211.3103, Florida Statutes, is amended to read:
   79         211.3103 Levy of tax on severance of phosphate rock; rate,
   80  basis, and distribution of tax.—
   81         (6)
   82         (c) As used in For purposes of this subsection section, the
   83  term “phosphate-related expenses” means those expenses that
   84  provide for infrastructure or services in support of the
   85  phosphate industry, including environmental education,
   86  reclamation or restoration of phosphate lands, maintenance and
   87  restoration of reclaimed lands and county-owned environmental
   88  lands that were formerly phosphate lands, and community
   89  infrastructure on such reclaimed lands and county-owned
   90  environmental lands that were formerly phosphate lands, and
   91  similar expenses directly related to support of the industry.
   92         Section 3. Paragraph (b) of subsection (1) and subsection
   93  (3) of section 212.07, Florida Statutes, are amended to read:
   94         212.07 Sales, storage, use tax; tax added to purchase
   95  price; dealer not to absorb; liability of purchasers who cannot
   96  prove payment of the tax; penalties; general exemptions.—
   97         (1)
   98         (b) A resale must be in strict compliance with s. 212.18
   99  and the rules and regulations, and any dealer who makes a sale
  100  for resale which is not in strict compliance with s. 212.18 and
  101  the rules and regulations shall himself or herself be liable for
  102  and pay the tax. Any dealer who makes a sale for resale shall
  103  document the exempt nature of the transaction, as established by
  104  rules adopted promulgated by the department, by retaining a copy
  105  of the purchaser’s resale certificate. In lieu of maintaining a
  106  copy of the certificate, a dealer may document, before prior to
  107  the time of sale, an authorization number provided
  108  telephonically or electronically by the department, or by such
  109  other means established by rule of the department. The dealer
  110  may rely on a resale certificate issued pursuant to s.
  111  212.18(3)(d) 212.18(3)(c), valid at the time of receipt from the
  112  purchaser, without seeking annual verification of the resale
  113  certificate if the dealer makes recurring sales to a purchaser
  114  in the normal course of business on a continual basis. For
  115  purposes of this paragraph, “recurring sales to a purchaser in
  116  the normal course of business” refers to a sale in which the
  117  dealer extends credit to the purchaser and records the debt as
  118  an account receivable, or in which the dealer sells to a
  119  purchaser who has an established cash or C.O.D. account, similar
  120  to an open credit account. For purposes of this paragraph,
  121  purchases are made from a selling dealer on a continual basis if
  122  the selling dealer makes, in the normal course of business,
  123  sales to the purchaser no less frequently than once in every 12
  124  month period. A dealer may, through the informal protest
  125  provided for in s. 213.21 and the rules of the department of
  126  Revenue, provide the department with evidence of the exempt
  127  status of a sale. Consumer certificates of exemption executed by
  128  those exempt entities that were registered with the department
  129  at the time of sale, resale certificates provided by purchasers
  130  who were active dealers at the time of sale, and verification by
  131  the department of a purchaser’s active dealer status at the time
  132  of sale in lieu of a resale certificate shall be accepted by the
  133  department when submitted during the protest period, but may not
  134  be accepted in any proceeding under chapter 120 or any circuit
  135  court action instituted under chapter 72.
  136         (3)(a)A Any dealer who fails, neglects, or refuses to
  137  collect the tax or fees imposed under this chapter herein
  138  provided, either by himself or herself or through the dealer’s
  139  agents or employees, is, in addition to the penalty of being
  140  liable for and paying the tax himself or herself, commits guilty
  141  of a misdemeanor of the first degree, punishable as provided in
  142  s. 775.082 or s. 775.083.
  143         (b)A dealer who willfully fails to collect a tax or fee
  144  after the department provides notice of the duty to collect the
  145  tax or fee is liable for a specific penalty of 100 percent of
  146  the uncollected tax or fee. This penalty is in addition to any
  147  other penalty that may be imposed by law. A dealer who willfully
  148  fails to collect taxes or fees totaling:
  149         1.Less than $300:
  150         a.For a first offense, commits a misdemeanor of the second
  151  degree, punishable as provided in s. 775.082 or s. 775.083.
  152         b.For a second offense, commits a misdemeanor of the first
  153  degree, punishable as provided in s. 775.082 or s. 775.083.
  154         c.For a third or subsequent offense, commits a felony of
  155  the third degree, punishable as provided in s. 775.082, s.
  156  775.083, or s. 775.084.
  157         2.An amount equal to $300 or more, but less than $20,000,
  158  commits a felony of the third degree, punishable as provided in
  159  s. 775.082, s. 775.083, or s. 775.084.
  160         3.An amount equal to $20,000 or more, but less than
  161  $100,000, commits a felony of the second degree, punishable as
  162  provided in s. 775.082, s. 775.083, or s. 775.084.
  163         4.An amount equal to $100,000 or more, commits a felony of
  164  the first degree, punishable as provided in s. 775.082, s.
  165  775.083, or s. 775.084.
  166         (c)The department shall give written notice of the duty to
  167  collect taxes or fees to the dealer by personal service, by
  168  sending notice to the dealer’s last known address by registered
  169  mail, or by both personal service and mail.
  170         Section 4. Paragraph (d) of subsection (2) of section
  171  212.12, Florida Statutes, is amended to read:
  172         212.12 Dealer’s credit for collecting tax; penalties for
  173  noncompliance; powers of Department of Revenue in dealing with
  174  delinquents; brackets applicable to taxable transactions;
  175  records required.—
  176         (2)
  177         (d) A Any person who makes a false or fraudulent return and
  178  who has with a willful intent to evade payment of any tax or fee
  179  imposed under this chapter is; any person who, after the
  180  department’s delivery of a written notice to the person’s last
  181  known address specifically alerting the person of the
  182  requirement to register the person’s business as a dealer,
  183  intentionally fails to register the business; and any person
  184  who, after the department’s delivery of a written notice to the
  185  person’s last known address specifically alerting the person of
  186  the requirement to collect tax on specific transactions,
  187  intentionally fails to collect such tax, shall, in addition to
  188  the other penalties provided by law, be liable for a specific
  189  penalty of 100 percent of any unreported or any uncollected tax
  190  or fee. This penalty is in addition to any other penalty
  191  provided by law. A person who makes a false or fraudulent return
  192  with a willful intent to evade payment of taxes or fees
  193  totaling:
  194         1. Less than $300:
  195         a. For a first offense, commits a misdemeanor of the second
  196  degree, punishable as provided in s. 775.082 or s. 775.083.
  197         b. For a second offense, commits a misdemeanor of the first
  198  degree, punishable as provided in s. 775.082 or s. 775.083.
  199         c. For a third or subsequent offense, commits a felony of
  200  the third degree, punishable as provided in s. 775.082, s.
  201  775.083, or s. 775.084.
  202         2. An amount equal to $300 or more, but less than $20,000,
  203  commits a felony of the third degree, punishable as provided in
  204  s. 775.082, s. 775.083, or s. 775.084.
  205         3. An amount equal to $20,000 or more, but less than
  206  $100,000, commits a felony of the second degree, punishable as
  207  provided in s. 775.082, s. 775.083, or s. 775.084.
  208         4. An amount equal to $100,000 or more, commits a felony of
  209  the first degree, punishable and, upon conviction, for fine and
  210  punishment as provided in s. 775.082, s. 775.083, or s. 775.084.
  211  Delivery of written notice may be made by certified mail, or by
  212  the use of such other method as is documented as being necessary
  213  and reasonable under the circumstances. The civil and criminal
  214  penalties imposed herein for failure to comply with a written
  215  notice alerting the person of the requirement to register the
  216  person’s business as a dealer or to collect tax on specific
  217  transactions shall not apply if the person timely files a
  218  written challenge to such notice in accordance with procedures
  219  established by the department by rule or the notice fails to
  220  clearly advise that failure to comply with or timely challenge
  221  the notice will result in the imposition of the civil and
  222  criminal penalties imposed herein.
  223         1. If the total amount of unreported or uncollected taxes
  224  or fees is less than $300, the first offense resulting in
  225  conviction is a misdemeanor of the second degree, the second
  226  offense resulting in conviction is a misdemeanor of the first
  227  degree, and the third and all subsequent offenses resulting in
  228  conviction is a misdemeanor of the first degree, and the third
  229  and all subsequent offenses resulting in conviction are felonies
  230  of the third degree.
  231         2. If the total amount of unreported or uncollected taxes
  232  or fees is $300 or more but less than $20,000, the offense is a
  233  felony of the third degree.
  234         3. If the total amount of unreported or uncollected taxes
  235  or fees is $20,000 or more but less than $100,000, the offense
  236  is a felony of the second degree.
  237         4. If the total amount of unreported or uncollected taxes
  238  or fees is $100,000 or more, the offense is a felony of the
  239  first degree.
  240         Section 5. Effective July 1, 2013, subsection (4) of
  241  section 212.14, Florida Statutes, is amended to read:
  242         212.14 Departmental powers; hearings; distress warrants;
  243  bonds; subpoenas and subpoenas duces tecum.—
  244         (4)  In all cases where it is necessary to ensure
  245  compliance with the provisions of this chapter, the department
  246  shall require a cash deposit, bond, or other security as a
  247  condition to a person obtaining or retaining a dealer’s
  248  certificate of registration under this chapter. Such bond must
  249  shall be in the form and such amount as the department deems
  250  appropriate under the particular circumstances. A Every person
  251  failing to produce such cash deposit, bond, or other security is
  252  as provided for herein shall not be entitled to obtain or retain
  253  a dealer’s certificate of registration under this chapter, and
  254  the Department of Legal Affairs is hereby authorized to proceed
  255  by injunction, if when so requested by the Department of
  256  Revenue, to prevent such person from doing business subject to
  257  the provisions of this chapter until such cash deposit, bond, or
  258  other security is posted with the department, and any temporary
  259  injunction for this purpose may be granted by any judge or
  260  chancellor authorized by law to grant injunctions. Any security
  261  required to be deposited may be sold by the department at public
  262  sale if it becomes necessary so to do in order to recover any
  263  tax, interest, or penalty due. Notice of such sale may be served
  264  personally or by mail upon the person who deposited the such
  265  security. If by mail, notice sent to the last known address as
  266  it the same appears on the records of the department is shall be
  267  sufficient for the purpose of this requirement. Upon such sale,
  268  the surplus, if any, above the amount due under this chapter
  269  shall be returned to the person who deposited the security. The
  270  department may adopt rules necessary to administer this
  271  subsection. For the purpose of the cash deposit, bond, or other
  272  security required by this subsection, the term “person” includes
  273  those entities defined in s. 212.02(12), as well as:
  274         (a)An individual or entity owning a controlling interest
  275  in an entity;
  276         (b)An individual or entity that has acquired an ownership
  277  interest or a controlling interest in a business that would
  278  otherwise be liable for posting a cash deposit, bond, or other
  279  security, unless the department has determined that the
  280  individual or entity is not liable for taxes, interest, or
  281  penalties as set forth in s. 213.758; or
  282         (c)An individual or entity seeking to obtain a dealer’s
  283  certificate of registration for a business that will be operated
  284  at the same location as a previous business that would otherwise
  285  have been liable for posting a cash deposit, bond, or other
  286  security, if the individual or entity fails to provide evidence
  287  that the business was acquired for consideration in an arms
  288  length transaction.
  289         Section 6. Subsection (3) of section 212.18, Florida
  290  Statutes, is amended to read:
  291         212.18 Administration of law; registration of dealers;
  292  rules.—
  293         (3)(a) A Every person desiring to engage in or conduct
  294  business in this state as a dealer, as defined in this chapter,
  295  or to lease, rent, or let or grant licenses in living quarters
  296  or sleeping or housekeeping accommodations in hotels, apartment
  297  houses, roominghouses, or tourist or trailer camps that are
  298  subject to tax under s. 212.03, or to lease, rent, or let or
  299  grant licenses in real property, as defined in this chapter, and
  300  every person who sells or receives anything of value by way of
  301  admissions, must file with the department an application for a
  302  certificate of registration for each place of business. The
  303  application must include, showing the names of the persons who
  304  have interests in such business and their residences, the
  305  address of the business, and such other data reasonably required
  306  by as the department may reasonably require. However, owners and
  307  operators of vending machines or newspaper rack machines are
  308  required to obtain only one certificate of registration for each
  309  county in which such machines are located. The department, by
  310  rule, may authorize a dealer that uses independent sellers to
  311  sell its merchandise to remit tax on the retail sales price
  312  charged to the ultimate consumer in lieu of having the
  313  independent seller register as a dealer and remit the tax. The
  314  department may appoint the county tax collector as the
  315  department’s agent to accept applications for registrations. The
  316  application must be submitted made to the department before the
  317  person, firm, copartnership, or corporation may engage in such
  318  business, and it must be accompanied by a registration fee of
  319  $5. However, a registration fee is not required to accompany an
  320  application to engage in or conduct business to make mail order
  321  sales. The department may waive the registration fee for
  322  applications submitted through the department’s Internet
  323  registration process.
  324         (b) The department, upon receipt of such application, shall
  325  will grant to the applicant a separate certificate of
  326  registration for each place of business, which certificate may
  327  be canceled by the department or its designated assistants for
  328  any failure by the certificateholder to comply with any of the
  329  provisions of this chapter. The certificate is not assignable
  330  and is valid only for the person, firm, copartnership, or
  331  corporation to which issued. The certificate must be placed in a
  332  conspicuous place in the business or businesses for which it is
  333  issued and must be displayed at all times. Except as provided in
  334  this subsection, a no person may not shall engage in business as
  335  a dealer or in leasing, renting, or letting of or granting
  336  licenses in living quarters or sleeping or housekeeping
  337  accommodations in hotels, apartment houses, roominghouses,
  338  tourist or trailer camps, or real property, or as hereinbefore
  339  defined, nor shall any person sell or receive anything of value
  340  by way of admissions, without a valid first having obtained such
  341  a certificate. A or after such certificate has been canceled; no
  342  person may not shall receive a any license from any authority
  343  within the state to engage in any such business without a valid
  344  certificate first having obtained such a certificate or after
  345  such certificate has been canceled. A person may not engage The
  346  engaging in the business of selling or leasing tangible personal
  347  property or services or as a dealer; engage, as defined in this
  348  chapter, or the engaging in leasing, renting, or letting of or
  349  granting licenses in living quarters or sleeping or housekeeping
  350  accommodations in hotels, apartment houses, roominghouses, or
  351  tourist or trailer camps that are taxable under this chapter, or
  352  real property;, or engage the engaging in the business of
  353  selling or receiving anything of value by way of admissions,
  354  without a valid such certificate first being obtained or after
  355  such certificate has been canceled by the department, is
  356  prohibited.
  357         (c)1.A The failure or refusal of any person who engages in
  358  acts requiring a certificate of registration under this
  359  subsection who fails or refuses to register commits, firm,
  360  copartnership, or corporation to so qualify when required
  361  hereunder is a misdemeanor of the first degree, punishable as
  362  provided in s. 775.082 or s. 775.083. Such acts are, or subject
  363  to injunctive proceedings as provided by law. A person who
  364  engages in acts requiring a certificate of registration and who
  365  fails or refuses to register is also subject Such failure or
  366  refusal also subjects the offender to a $100 initial
  367  registration fee in lieu of the $5 registration fee required by
  368  authorized in paragraph (a). However, the department may waive
  369  the increase in the registration fee if it finds is determined
  370  by the department that the failure to register was due to
  371  reasonable cause and not to willful negligence, willful neglect,
  372  or fraud.
  373         2.a.A person who willfully fails to register after the
  374  department provides notice of the duty to register as a dealer
  375  commits a felony of the third degree, punishable as provided in
  376  s. 775.082, s. 775.083, or s. 775.084.
  377         b.The department shall provide written notice of the duty
  378  to register to the person by personal service, by sending notice
  379  by registered mail to the person’s last known address, or by
  380  both personal service and mail.
  381         (d)(c) In addition to the certificate of registration, the
  382  department shall provide to each newly registered dealer an
  383  initial resale certificate that will be valid for the remainder
  384  of the period of issuance. The department shall provide each
  385  active dealer with an annual resale certificate. For purposes of
  386  this section, the term “active dealer” means a person who is
  387  currently registered with the department and who is required to
  388  file at least once during each applicable reporting period.
  389         (e)(d) The department may revoke a any dealer’s certificate
  390  of registration if when the dealer fails to comply with this
  391  chapter. Before Prior to revocation of a dealer’s certificate of
  392  registration, the department must schedule an informal
  393  conference at which the dealer may present evidence regarding
  394  the department’s intended revocation or enter into a compliance
  395  agreement with the department. The department must notify the
  396  dealer of its intended action and the time, place, and date of
  397  the scheduled informal conference by written notification sent
  398  by United States mail to the dealer’s last known address of
  399  record furnished by the dealer on a form prescribed by the
  400  department. The dealer is required to attend the informal
  401  conference and present evidence refuting the department’s
  402  intended revocation or enter into a compliance agreement with
  403  the department which resolves the dealer’s failure to comply
  404  with this chapter. The department shall issue an administrative
  405  complaint under s. 120.60 if the dealer fails to attend the
  406  department’s informal conference, fails to enter into a
  407  compliance agreement with the department resolving the dealer’s
  408  noncompliance with this chapter, or fails to comply with the
  409  executed compliance agreement.
  410         (f)(e) As used in this paragraph, the term “exhibitor”
  411  means a person who enters into an agreement authorizing the
  412  display of tangible personal property or services at a
  413  convention or a trade show. The following provisions apply to
  414  the registration of exhibitors as dealers under this chapter:
  415         1. An exhibitor whose agreement prohibits the sale of
  416  tangible personal property or services subject to the tax
  417  imposed in this chapter is not required to register as a dealer.
  418         2. An exhibitor whose agreement provides for the sale at
  419  wholesale only of tangible personal property or services subject
  420  to the tax imposed under in this chapter must obtain a resale
  421  certificate from the purchasing dealer but is not required to
  422  register as a dealer.
  423         3. An exhibitor whose agreement authorizes the retail sale
  424  of tangible personal property or services subject to the tax
  425  imposed under in this chapter must register as a dealer and
  426  collect the tax imposed under this chapter on such sales.
  427         4. An Any exhibitor who makes a mail order sale pursuant to
  428  s. 212.0596 must register as a dealer.
  429  
  430  A Any person who conducts a convention or a trade show must make
  431  his or her their exhibitor’s agreements available to the
  432  department for inspection and copying.
  433         Section 7. For the purpose of incorporating the amendment
  434  made by this act to subsection (3) of section 212.18, Florida
  435  Statutes, in a reference thereto, paragraph (c) of subsection
  436  (6) of section 212.20, Florida Statutes, is reenacted to read:
  437         212.20 Funds collected, disposition; additional powers of
  438  department; operational expense; refund of taxes adjudicated
  439  unconstitutionally collected.—
  440         (6) Distribution of all proceeds under this chapter and s.
  441  202.18(1)(b) and (2)(b) shall be as follows:
  442         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
  443  and 212.18(3) shall remain with the General Revenue Fund.
  444         Section 8. Operating retroactively to July 1, 2010,
  445  subsection (5) of section 213.13, Florida Statutes, is amended
  446  to read:
  447         213.13 Electronic remittance and distribution of funds
  448  collected by clerks of the court.—
  449         (5) All court-related collections, including fees, fines,
  450  reimbursements, court costs, and other court-related funds that
  451  the clerks must remit to the state pursuant to law, must be
  452  transmitted electronically by the 10th 20th day of the month
  453  immediately following the month in which the funds are
  454  collected.
  455         Section 9. Paragraph (a) of subsection (2) of section
  456  213.21, Florida Statutes, is amended to read:
  457         213.21 Informal conferences; compromises.—
  458         (2)(a) The executive director of the department or his or
  459  her designee is authorized to enter into closing agreements with
  460  any taxpayer settling or compromising the taxpayer’s liability
  461  for any tax, interest, or penalty assessed under any of the
  462  chapters specified in s. 72.011(1). Such agreements must shall
  463  be in writing if when the amount of tax, penalty, or interest
  464  compromised exceeds $30,000, or for lesser amounts, if when the
  465  department deems it appropriate or if when requested by the
  466  taxpayer. When a written closing agreement has been approved by
  467  the department and signed by the executive director or his or
  468  her designee and the taxpayer, it shall be final and conclusive;
  469  and, except upon a showing of fraud or misrepresentation of
  470  material fact or except as to adjustments pursuant to ss. 198.16
  471  and 220.23, no additional assessment may be made by the
  472  department against the taxpayer for the tax, interest, or
  473  penalty specified in the closing agreement for the time period
  474  specified in the closing agreement, and the taxpayer is shall
  475  not be entitled to institute any judicial or administrative
  476  proceeding to recover any tax, interest, or penalty paid
  477  pursuant to the closing agreement. The department is authorized
  478  to delegate to the executive director the authority to approve
  479  any such closing agreement resulting in a tax reduction of
  480  $500,000 $250,000 or less.
  481         Section 10. Section 213.295, Florida Statutes, is created
  482  to read:
  483         213.295Automated sales suppression devices.—
  484         (1) As used in this section, the term:
  485         (a) “Automated sales suppression device” or “zapper” means
  486  a software program that falsifies the electronic records of
  487  electronic cash registers or other point-of-sale systems,
  488  including, but not limited to, transaction data and transaction
  489  reports. The term includes the software program, any device that
  490  carries the software program, or an Internet link to the
  491  software program.
  492         (b) “Electronic cash register” means a device that keeps a
  493  register or supporting documents through the use of an
  494  electronic device or computer system designed to record
  495  transaction data for the purpose of computing, compiling, or
  496  processing retail sales transaction data in whatever manner.
  497         (c) “Phantom-ware” means a hidden programming option
  498  embedded in the operating system of an electronic cash register
  499  or hardwired into the electronic cash register which may be used
  500  to create a second set of records or eliminate or manipulate
  501  transaction records, which may or may not be preserved in
  502  digital formats, to represent the true or manipulated record of
  503  transactions in the electronic cash register.
  504         (d) “Transaction data” includes items purchased by a
  505  customer; the price for each item; a taxability determination
  506  for each item; a segregated tax amount for each of the taxed
  507  items; the amount of cash or credit tendered; the net amount
  508  returned to the customer in change; the date and time of the
  509  purchase; the name, address, and identification number of the
  510  vendor; and the receipt or invoice number of the transaction.
  511         (e) “Transaction report” means a report that documents, but
  512  is not limited to documenting, the sales, taxes, or fees
  513  collected, media totals, and discount voids at an electronic
  514  cash register which is printed on a cash register tape at the
  515  end of a day or a shift, or a report that documents every action
  516  at an electronic cash register and which is stored
  517  electronically.
  518         (2) A person may not knowingly sell, purchase, install,
  519  transfer, possess, use, or access any automated sales
  520  suppression device, zapper, or phantom-ware.
  521         (3) A person who violates this section:
  522         (a) Commits a felony of the third degree, punishable as
  523  provided in s. 775.082, s. 775.083, or s. 775.084.
  524         (b) Is liable for all taxes, fees, penalties, and interest
  525  due the state as a result of the use of an automated sales
  526  suppression device, zapper, or phantom-ware and shall forfeit to
  527  the state as an additional penalty all profits associated with
  528  the sale or use of an automated sales suppression device,
  529  zapper, or phantom-ware.
  530         (4) An automated sales suppression device, zapper, phantom
  531  ware, or any device containing such device or software is a
  532  contraband article under ss. 932.701-932.706, the Florida
  533  Contraband Forfeiture Act.
  534         Section 11. Paragraph (h) of subsection (3) of section
  535  443.131, Florida Statutes, is amended to read:
  536         443.131 Contributions.—
  537         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  538  EXPERIENCE.—
  539         (h) Additional conditions for variation from the standard
  540  rate.—An employer’s contribution rate may not be reduced below
  541  the standard rate under this section unless:
  542         1. All contributions, reimbursements, interest, and
  543  penalties incurred by the employer for wages paid by him or her
  544  in all previous calendar quarters, except the 4 calendar
  545  quarters immediately preceding the calendar quarter or calendar
  546  year for which the benefit ratio is computed, are paid; and
  547         2. The employer has produced for inspection and copying all
  548  work records in his or her possession, custody, or control which
  549  were requested by the Department of Economic Opportunity or its
  550  tax collection service provider pursuant to s. 443.171(5). An
  551  employer shall have at least 60 days to provide the requested
  552  work records before the employer is assigned the standard rate;
  553  and
  554         3.2. The employer entitled to a rate reduction must have at
  555  least one annual payroll as defined in subparagraph (b)1. unless
  556  the employer is eligible for additional credit under the Federal
  557  Unemployment Tax Act. If the Federal Unemployment Tax Act is
  558  amended or repealed in a manner affecting credit under the
  559  federal act, this section applies only to the extent that
  560  additional credit is allowed against the payment of the tax
  561  imposed by the Federal Unemployment Tax act.
  562  
  563  The tax collection service provider shall assign an earned
  564  contribution rate to an employer for under subparagraph 1. the
  565  quarter immediately after the quarter in which all
  566  contributions, reimbursements, interest, and penalties are paid
  567  in full and all work records requested pursuant to s. 443.171(5)
  568  have been produced for inspection and copying to the Department
  569  of Economic Opportunity or the tax collection service provider.
  570         Section 12. Effective January 1, 2014, paragraph (a) of
  571  subsection (1) of section 443.141, Florida Statutes, is amended
  572  to read:
  573         443.141 Collection of contributions and reimbursements.—
  574         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  575  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  576         (a) Interest.—Contributions or reimbursements unpaid on the
  577  date due bear interest at the rate of 1 percent per month
  578  through December 31, 2013. Beginning January 1, 2014, the
  579  interest rate shall be calculated in accordance with s. 213.235,
  580  except that the rate of interest may not exceed 1 percent per
  581  month from and after the that date due until payment plus
  582  accrued interest is received by the tax collection service
  583  provider, unless the service provider finds that the employing
  584  unit has good reason for failing to pay the contributions or
  585  reimbursements when due. Interest collected under this
  586  subsection must be paid into the Special Employment Security
  587  Administration Trust Fund.
  588         Section 13. Except as otherwise expressly provided in this
  589  act, this act shall take effect upon becoming a law.