CS for SB 1828                            Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       20131828e2
       
    1                        A bill to be entitled                      
    2         An act relating to tax administration; amending s.
    3         125.0104, F.S.; providing an additional use for
    4         tourist development tax revenues for certain coastal
    5         counties; authorizing counties to require certain
    6         information for tax returns filed with county
    7         governments; amending s. 198.13, F.S.; deleting a
    8         requirement for filing a tax return for a decedent who
    9         dies after a certain date; amending s. 211.3103, F.S.;
   10         expanding the definition of “phosphate-related
   11         expenses” for the purpose of distributing certain tax
   12         proceeds; amending s. 212.03, F.S.; providing that
   13         charges for the storage of towed vehicles that are
   14         impounded by a local, state, or federal law
   15         enforcement agency are not taxable; amending s.
   16         212.0305, F.S.; authorizing counties to require
   17         certain information for tax returns filed with county
   18         governments; amending s. 212.07, F.S.; conforming a
   19         cross-reference to changes made by the act; providing
   20         monetary and criminal penalties for a dealer’s willful
   21         failure to collect certain taxes or fees after
   22         receiving notice of such duty to collect from the
   23         Department of Revenue; amending s. 212.12, F.S.;
   24         deleting provisions relating to the imposition of
   25         criminal penalties after department notice of
   26         requirements to register as a dealer or to collect
   27         taxes; making technical and grammatical changes to
   28         provisions specifying penalties for making a false or
   29         fraudulent return with the intent to evade payment of
   30         a tax or fee; amending s. 212.14, F.S.; modifying the
   31         definition of the term “person”; authorizing the
   32         department to adopt rules relating to requirements for
   33         a person to deposit cash, a bond, or other security
   34         with the department in order to ensure compliance with
   35         sales tax laws; making technical and grammatical
   36         changes; amending s. 212.18, F.S.; providing criminal
   37         penalties for a person who willfully fails to register
   38         as a dealer after receiving notice of such duty by the
   39         department; making technical and grammatical changes;
   40         reenacting s. 212.20, F.S., relating to the
   41         disposition of funds collected; amending s. 213.13,
   42         F.S.; revising the due date for transmitting funds
   43         collected by the clerks of court to the department;
   44         amending s. 213.21, F.S.; increasing dollar threshold
   45         of compromise authority that can be delegated to the
   46         executive director; creating s. 213.295, F.S.,
   47         relating to automated sales suppression devices;
   48         providing definitions; subjecting a person to criminal
   49         penalties and monetary penalties for knowingly selling
   50         or engaging in certain other actions involving a
   51         zapper or phantom-ware; providing that sales
   52         suppression devices and phantom-ware are contraband
   53         articles under the Florida Contraband Forfeiture Act;
   54         amending s. 288.106, F.S.; revising the criteria
   55         applicable to the definition of the term “target
   56         industry business” to specifically reference sports
   57         training or competition for the amateur athlete;
   58         amending s. 443.131, F.S.; imposing a requirement on
   59         employers to produce records for the Department of
   60         Economic Opportunity or its tax collection service
   61         provider as a prerequisite for a reduction in the rate
   62         of reemployment tax; amending s. 443.141, F.S.;
   63         providing a method to calculate the interest rate for
   64         past due contributions and reimbursements, and
   65         delinquent, erroneous, incomplete, or insufficient
   66         reports; providing effective dates.
   67  
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Present paragraphs (c) and (d) of subsection (5)
   71  of section 125.0104, Florida Statutes, are redesignated as
   72  paragraphs (d) and (e), respectively, and amended and a new
   73  paragraph (c) is added to that subsection, and paragraph (a) of
   74  subsection (10) of that section is amended to read:
   75         125.0104 Tourist development tax; procedure for levying;
   76  authorized uses; referendum; enforcement.—
   77         (5) AUTHORIZED USES OF REVENUE.—
   78         (c) Tax revenues received pursuant to this section by a
   79  coastal county that has a population of less than 250,000,
   80  excluding the inmate population, may also be used by that county
   81  to fund beach safety personnel and lifeguard operational
   82  activities in areas where there is public access. All population
   83  figures relating to this paragraph must be based on the most
   84  recent population estimates prepared pursuant to s. 186.901.
   85  These population estimates must be those in effect on April 1 of
   86  each year.
   87         (d)(c) The revenues to be derived from the tourist
   88  development tax may be pledged to secure and liquidate revenue
   89  bonds issued by the county for the purposes set forth in
   90  subparagraphs (a)1. and 4. or for the purpose of refunding bonds
   91  previously issued for such purposes, or both; however, no more
   92  than 50 percent of the revenues from the tourist development tax
   93  may be pledged to secure and liquidate revenue bonds or revenue
   94  refunding bonds issued for the purposes set forth in
   95  subparagraph (a)4. Such revenue bonds and revenue refunding
   96  bonds may be authorized and issued in such principal amounts,
   97  with such interest rates and maturity dates, and subject to such
   98  other terms, conditions, and covenants as the governing board of
   99  the county shall provide. The Legislature intends that this
  100  paragraph shall be the full and complete authority for
  101  accomplishing such purposes, but such authority shall be
  102  supplemental and additional to, and not in derogation of, any
  103  powers now existing or later conferred under law.
  104         (e)(d) Any use of the local option tourist development tax
  105  revenues collected pursuant to this section for a purpose not
  106  expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
  107  paragraph (a), paragraph (b), or paragraph (c), or paragraph (d)
  108  of this subsection is expressly prohibited.
  109         (10) LOCAL ADMINISTRATION OF TAX.—
  110         (a) A county levying a tax under this section or s.
  111  125.0108 may be exempted from the requirements of the respective
  112  section that:
  113         1. The tax collected be remitted to the Department of
  114  Revenue before being returned to the county; and
  115         2. The tax be administered according to chapter 212,
  116  
  117  if the county adopts an ordinance providing for the local
  118  collection and administration of the tax. If authorized by
  119  ordinance, the county may require that a return required to be
  120  filed with the county include, for each rental property, the
  121  names of the owners; the address of the property, including the
  122  unit number; the number of days rented; the taxable rent; and
  123  the amount of tax payable.
  124         Section 2. Operating retroactively to January 1, 2013,
  125  subsection (4) of section 198.13, Florida Statutes, is amended
  126  to read:
  127         198.13 Tax return to be made in certain cases; certificate
  128  of nonliability.—
  129         (4) Notwithstanding any other provisions of this section
  130  and applicable to the estate of a decedent who dies after
  131  December 31, 2004, if, upon the death of the decedent, a state
  132  death tax credit or a generation-skipping transfer credit is not
  133  allowable pursuant to the Internal Revenue Code of 1986, as
  134  amended:
  135         (a) The personal representative of the estate is not
  136  required to file a return under subsection (1) in connection
  137  with the estate.
  138         (b) The person who would otherwise be required to file a
  139  return reporting a generation-skipping transfer under subsection
  140  (3) is not required to file such a return in connection with the
  141  estate.
  142  
  143  The provisions of this subsection do not apply to estates of
  144  decedents dying after December 31, 2012.
  145         Section 3. Paragraph (c) of subsection (6) of section
  146  211.3103, Florida Statutes, is amended to read:
  147         211.3103 Levy of tax on severance of phosphate rock; rate,
  148  basis, and distribution of tax.—
  149         (6)
  150         (c) As used in For purposes of this subsection section, the
  151  term “phosphate-related expenses” means those expenses that
  152  provide for infrastructure or services in support of the
  153  phosphate industry, including environmental education,
  154  reclamation or restoration of phosphate lands, maintenance and
  155  restoration of reclaimed lands and county-owned environmental
  156  lands that were formerly phosphate lands, and community
  157  infrastructure on such reclaimed lands and county-owned
  158  environmental lands that were formerly phosphate lands, and
  159  similar expenses directly related to support of the industry.
  160         Section 4. Subsection (6) of section 212.03, Florida
  161  Statutes, is amended to read:
  162         212.03 Transient rentals tax; rate, procedure, enforcement,
  163  exemptions.—
  164         (6) It is the legislative intent that every person is
  165  engaging in a taxable privilege who leases or rents parking or
  166  storage spaces for motor vehicles in parking lots or garages,
  167  including storage facilities for towed vehicles; who leases or
  168  rents docking or storage spaces for boats in boat docks or
  169  marinas;, or who leases or rents tie-down or storage space for
  170  aircraft at airports is engaging in a taxable privilege.
  171         (a) For the exercise of this privilege, a tax is hereby
  172  levied at the rate of 6 percent on the total rental charged.
  173         (b) Charges for parking, docking, tie-down, or storage
  174  arising from a lawful impoundment are not taxable. As used in
  175  this paragraph, the term “lawful impoundment” means the storing
  176  of or having custody over an aircraft, boat, or motor vehicle by
  177  or at the direction of a local, state, or federal law
  178  enforcement agency which the owner or the owner’s representative
  179  is not authorized to enter upon, have access to, or remove
  180  without the consent of the law enforcement agency.
  181         Section 5. Paragraph (a) of subsection (5) of section
  182  212.0305, Florida Statutes, is amended to read:
  183         212.0305 Convention development taxes; intent;
  184  administration; authorization; use of proceeds.—
  185         (5) LOCAL ADMINISTRATION OF TAX.—
  186         (a) A county levying a tax under the provisions of this
  187  section may be exempt from the requirements of this section that
  188  the tax collected be remitted to the Department of Revenue
  189  before being returned to the county and that such tax be
  190  administered according to the provisions of this chapter, if the
  191  county adopts an ordinance providing for the collection and
  192  administration of the tax on a local basis. If authorized by
  193  ordinance, the county may require that a return required to be
  194  filed with the county include, for each rental property, the
  195  names of the owners; the address of the property, including the
  196  unit number; the number of days rented; the taxable rent; and
  197  the amount of tax payable.
  198         Section 6. Paragraph (b) of subsection (1) and subsection
  199  (3) of section 212.07, Florida Statutes, are amended to read:
  200         212.07 Sales, storage, use tax; tax added to purchase
  201  price; dealer not to absorb; liability of purchasers who cannot
  202  prove payment of the tax; penalties; general exemptions.—
  203         (1)
  204         (b) A resale must be in strict compliance with s. 212.18
  205  and the rules and regulations, and any dealer who makes a sale
  206  for resale which is not in strict compliance with s. 212.18 and
  207  the rules and regulations shall himself or herself be liable for
  208  and pay the tax. Any dealer who makes a sale for resale shall
  209  document the exempt nature of the transaction, as established by
  210  rules adopted promulgated by the department, by retaining a copy
  211  of the purchaser’s resale certificate. In lieu of maintaining a
  212  copy of the certificate, a dealer may document, before prior to
  213  the time of sale, an authorization number provided
  214  telephonically or electronically by the department, or by such
  215  other means established by rule of the department. The dealer
  216  may rely on a resale certificate issued pursuant to s.
  217  212.18(3)(d) 212.18(3)(c), valid at the time of receipt from the
  218  purchaser, without seeking annual verification of the resale
  219  certificate if the dealer makes recurring sales to a purchaser
  220  in the normal course of business on a continual basis. For
  221  purposes of this paragraph, “recurring sales to a purchaser in
  222  the normal course of business” refers to a sale in which the
  223  dealer extends credit to the purchaser and records the debt as
  224  an account receivable, or in which the dealer sells to a
  225  purchaser who has an established cash or C.O.D. account, similar
  226  to an open credit account. For purposes of this paragraph,
  227  purchases are made from a selling dealer on a continual basis if
  228  the selling dealer makes, in the normal course of business,
  229  sales to the purchaser no less frequently than once in every 12
  230  month period. A dealer may, through the informal protest
  231  provided for in s. 213.21 and the rules of the department of
  232  Revenue, provide the department with evidence of the exempt
  233  status of a sale. Consumer certificates of exemption executed by
  234  those exempt entities that were registered with the department
  235  at the time of sale, resale certificates provided by purchasers
  236  who were active dealers at the time of sale, and verification by
  237  the department of a purchaser’s active dealer status at the time
  238  of sale in lieu of a resale certificate shall be accepted by the
  239  department when submitted during the protest period, but may not
  240  be accepted in any proceeding under chapter 120 or any circuit
  241  court action instituted under chapter 72.
  242         (3)(a)A Any dealer who fails, neglects, or refuses to
  243  collect the tax or fees imposed under this chapter herein
  244  provided, either by himself or herself or through the dealer’s
  245  agents or employees, is, in addition to the penalty of being
  246  liable for and paying the tax himself or herself, commits guilty
  247  of a misdemeanor of the first degree, punishable as provided in
  248  s. 775.082 or s. 775.083.
  249         (b)A dealer who willfully fails to collect a tax or fee
  250  after the department provides notice of the duty to collect the
  251  tax or fee is liable for a specific penalty of 100 percent of
  252  the uncollected tax or fee. This penalty is in addition to any
  253  other penalty that may be imposed by law. A dealer who willfully
  254  fails to collect taxes or fees totaling:
  255         1.Less than $300:
  256         a.For a first offense, commits a misdemeanor of the second
  257  degree, punishable as provided in s. 775.082 or s. 775.083.
  258         b.For a second offense, commits a misdemeanor of the first
  259  degree, punishable as provided in s. 775.082 or s. 775.083.
  260         c.For a third or subsequent offense, commits a felony of
  261  the third degree, punishable as provided in s. 775.082, s.
  262  775.083, or s. 775.084.
  263         2.An amount equal to $300 or more, but less than $20,000,
  264  commits a felony of the third degree, punishable as provided in
  265  s. 775.082, s. 775.083, or s. 775.084.
  266         3.An amount equal to $20,000 or more, but less than
  267  $100,000, commits a felony of the second degree, punishable as
  268  provided in s. 775.082, s. 775.083, or s. 775.084.
  269         4.An amount equal to $100,000 or more, commits a felony of
  270  the first degree, punishable as provided in s. 775.082, s.
  271  775.083, or s. 775.084.
  272         (c)The department shall give written notice of the duty to
  273  collect taxes or fees to the dealer by personal service, by
  274  sending notice to the dealer’s last known address by registered
  275  mail, or by both personal service and registered mail.
  276         Section 7. Paragraph (d) of subsection (2) of section
  277  212.12, Florida Statutes, is amended to read:
  278         212.12 Dealer’s credit for collecting tax; penalties for
  279  noncompliance; powers of Department of Revenue in dealing with
  280  delinquents; brackets applicable to taxable transactions;
  281  records required.—
  282         (2)
  283         (d) A Any person who makes a false or fraudulent return and
  284  who has with a willful intent to evade payment of any tax or fee
  285  imposed under this chapter is; any person who, after the
  286  department’s delivery of a written notice to the person’s last
  287  known address specifically alerting the person of the
  288  requirement to register the person’s business as a dealer,
  289  intentionally fails to register the business; and any person
  290  who, after the department’s delivery of a written notice to the
  291  person’s last known address specifically alerting the person of
  292  the requirement to collect tax on specific transactions,
  293  intentionally fails to collect such tax, shall, in addition to
  294  the other penalties provided by law, be liable for a specific
  295  penalty of 100 percent of any unreported or any uncollected tax
  296  or fee. This penalty is in addition to any other penalty
  297  provided by law. A person who makes a false or fraudulent return
  298  with a willful intent to evade payment of taxes or fees
  299  totaling:
  300         1. Less than $300:
  301         a. For a first offense, commits a misdemeanor of the second
  302  degree, punishable as provided in s. 775.082 or s. 775.083.
  303         b. For a second offense, commits a misdemeanor of the first
  304  degree, punishable as provided in s. 775.082 or s. 775.083.
  305         c. For a third or subsequent offense, commits a felony of
  306  the third degree, punishable as provided in s. 775.082, s.
  307  775.083, or s. 775.084.
  308         2. An amount equal to $300 or more, but less than $20,000,
  309  commits a felony of the third degree, punishable as provided in
  310  s. 775.082, s. 775.083, or s. 775.084.
  311         3. An amount equal to $20,000 or more, but less than
  312  $100,000, commits a felony of the second degree, punishable as
  313  provided in s. 775.082, s. 775.083, or s. 775.084.
  314         4. An amount equal to $100,000 or more, commits a felony of
  315  the first degree, punishable and, upon conviction, for fine and
  316  punishment as provided in s. 775.082, s. 775.083, or s. 775.084.
  317  Delivery of written notice may be made by certified mail, or by
  318  the use of such other method as is documented as being necessary
  319  and reasonable under the circumstances. The civil and criminal
  320  penalties imposed herein for failure to comply with a written
  321  notice alerting the person of the requirement to register the
  322  person’s business as a dealer or to collect tax on specific
  323  transactions shall not apply if the person timely files a
  324  written challenge to such notice in accordance with procedures
  325  established by the department by rule or the notice fails to
  326  clearly advise that failure to comply with or timely challenge
  327  the notice will result in the imposition of the civil and
  328  criminal penalties imposed herein.
  329         1. If the total amount of unreported or uncollected taxes
  330  or fees is less than $300, the first offense resulting in
  331  conviction is a misdemeanor of the second degree, the second
  332  offense resulting in conviction is a misdemeanor of the first
  333  degree, and the third and all subsequent offenses resulting in
  334  conviction is a misdemeanor of the first degree, and the third
  335  and all subsequent offenses resulting in conviction are felonies
  336  of the third degree.
  337         2. If the total amount of unreported or uncollected taxes
  338  or fees is $300 or more but less than $20,000, the offense is a
  339  felony of the third degree.
  340         3. If the total amount of unreported or uncollected taxes
  341  or fees is $20,000 or more but less than $100,000, the offense
  342  is a felony of the second degree.
  343         4. If the total amount of unreported or uncollected taxes
  344  or fees is $100,000 or more, the offense is a felony of the
  345  first degree.
  346         Section 8. Effective July 1, 2013, subsection (4) of
  347  section 212.14, Florida Statutes, is amended to read:
  348         212.14 Departmental powers; hearings; distress warrants;
  349  bonds; subpoenas and subpoenas duces tecum.—
  350         (4)  In all cases where it is necessary to ensure
  351  compliance with the provisions of this chapter, the department
  352  shall require a cash deposit, bond, or other security as a
  353  condition to a person obtaining or retaining a dealer’s
  354  certificate of registration under this chapter. Such bond must
  355  shall be in the form and such amount as the department deems
  356  appropriate under the particular circumstances. A Every person
  357  failing to produce such cash deposit, bond, or other security is
  358  as provided for herein shall not be entitled to obtain or retain
  359  a dealer’s certificate of registration under this chapter, and
  360  the Department of Legal Affairs is hereby authorized to proceed
  361  by injunction, if when so requested by the Department of
  362  Revenue, to prevent such person from doing business subject to
  363  the provisions of this chapter until such cash deposit, bond, or
  364  other security is posted with the department, and any temporary
  365  injunction for this purpose may be granted by any judge or
  366  chancellor authorized by law to grant injunctions. Any security
  367  required to be deposited may be sold by the department at public
  368  sale if it becomes necessary so to do in order to recover any
  369  tax, interest, or penalty due. Notice of such sale may be served
  370  personally or by mail upon the person who deposited the such
  371  security. If by mail, notice sent to the last known address as
  372  it the same appears on the records of the department is shall be
  373  sufficient for the purpose of this requirement. Upon such sale,
  374  the surplus, if any, above the amount due under this chapter
  375  shall be returned to the person who deposited the security. The
  376  department may adopt rules necessary to administer this
  377  subsection. For the purpose of the cash deposit, bond, or other
  378  security required by this subsection, the term “person” includes
  379  those entities defined in s. 212.02(12), as well as:
  380         (a)An individual or entity owning a controlling interest
  381  in an entity;
  382         (b)An individual or entity that has acquired an ownership
  383  interest or a controlling interest in a business that would
  384  otherwise be liable for posting a cash deposit, bond, or other
  385  security, unless the department has determined that the
  386  individual or entity is not liable for taxes, interest, or
  387  penalties as set forth in s. 213.758; or
  388         (c)An individual or entity seeking to obtain a dealer’s
  389  certificate of registration for a business that will be operated
  390  at the same location as a previous business that would otherwise
  391  have been liable for posting a cash deposit, bond, or other
  392  security, if the individual or entity fails to provide evidence
  393  that the business was acquired for consideration in an arms
  394  length transaction.
  395         Section 9. Subsection (3) of section 212.18, Florida
  396  Statutes, is amended to read:
  397         212.18 Administration of law; registration of dealers;
  398  rules.—
  399         (3)(a) A Every person desiring to engage in or conduct
  400  business in this state as a dealer, as defined in this chapter,
  401  or to lease, rent, or let or grant licenses in living quarters
  402  or sleeping or housekeeping accommodations in hotels, apartment
  403  houses, roominghouses, or tourist or trailer camps that are
  404  subject to tax under s. 212.03, or to lease, rent, or let or
  405  grant licenses in real property, as defined in this chapter, and
  406  every person who sells or receives anything of value by way of
  407  admissions, must file with the department an application for a
  408  certificate of registration for each place of business. The
  409  application must include, showing the names of the persons who
  410  have interests in such business and their residences, the
  411  address of the business, and such other data reasonably required
  412  by as the department may reasonably require. However, owners and
  413  operators of vending machines or newspaper rack machines are
  414  required to obtain only one certificate of registration for each
  415  county in which such machines are located. The department, by
  416  rule, may authorize a dealer that uses independent sellers to
  417  sell its merchandise to remit tax on the retail sales price
  418  charged to the ultimate consumer in lieu of having the
  419  independent seller register as a dealer and remit the tax. The
  420  department may appoint the county tax collector as the
  421  department’s agent to accept applications for registrations. The
  422  application must be submitted made to the department before the
  423  person, firm, copartnership, or corporation may engage in such
  424  business, and it must be accompanied by a registration fee of
  425  $5. However, a registration fee is not required to accompany an
  426  application to engage in or conduct business to make mail order
  427  sales. The department may waive the registration fee for
  428  applications submitted through the department’s Internet
  429  registration process.
  430         (b) The department, upon receipt of such application, shall
  431  will grant to the applicant a separate certificate of
  432  registration for each place of business, which certificate may
  433  be canceled by the department or its designated assistants for
  434  any failure by the certificateholder to comply with any of the
  435  provisions of this chapter. The certificate is not assignable
  436  and is valid only for the person, firm, copartnership, or
  437  corporation to which issued. The certificate must be placed in a
  438  conspicuous place in the business or businesses for which it is
  439  issued and must be displayed at all times. Except as provided in
  440  this subsection, a no person may not shall engage in business as
  441  a dealer or in leasing, renting, or letting of or granting
  442  licenses in living quarters or sleeping or housekeeping
  443  accommodations in hotels, apartment houses, roominghouses,
  444  tourist or trailer camps, or real property, or as hereinbefore
  445  defined, nor shall any person sell or receive anything of value
  446  by way of admissions, without a valid first having obtained such
  447  a certificate. A or after such certificate has been canceled; no
  448  person may not shall receive a any license from any authority
  449  within the state to engage in any such business without a valid
  450  certificate first having obtained such a certificate or after
  451  such certificate has been canceled. A person may not engage The
  452  engaging in the business of selling or leasing tangible personal
  453  property or services or as a dealer; engage, as defined in this
  454  chapter, or the engaging in leasing, renting, or letting of or
  455  granting licenses in living quarters or sleeping or housekeeping
  456  accommodations in hotels, apartment houses, roominghouses, or
  457  tourist or trailer camps that are taxable under this chapter, or
  458  real property;, or engage the engaging in the business of
  459  selling or receiving anything of value by way of admissions,
  460  without a valid such certificate first being obtained or after
  461  such certificate has been canceled by the department, is
  462  prohibited.
  463         (c)1.A The failure or refusal of any person who engages in
  464  acts requiring a certificate of registration under this
  465  subsection who fails or refuses to register commits, firm,
  466  copartnership, or corporation to so qualify when required
  467  hereunder is a misdemeanor of the first degree, punishable as
  468  provided in s. 775.082 or s. 775.083. Such acts are, or subject
  469  to injunctive proceedings as provided by law. A person who
  470  engages in acts requiring a certificate of registration and who
  471  fails or refuses to register is also subject Such failure or
  472  refusal also subjects the offender to a $100 initial
  473  registration fee in lieu of the $5 registration fee required by
  474  authorized in paragraph (a). However, the department may waive
  475  the increase in the registration fee if it finds is determined
  476  by the department that the failure to register was due to
  477  reasonable cause and not to willful negligence, willful neglect,
  478  or fraud.
  479         2.a.A person who willfully fails to register after the
  480  department provides notice of the duty to register as a dealer
  481  commits a felony of the third degree, punishable as provided in
  482  s. 775.082, s. 775.083, or s. 775.084.
  483         b.The department shall provide written notice of the duty
  484  to register to the person by personal service, by sending notice
  485  by registered mail to the person’s last known address, or by
  486  both personal service and registered mail.
  487         (d)(c) In addition to the certificate of registration, the
  488  department shall provide to each newly registered dealer an
  489  initial resale certificate that will be valid for the remainder
  490  of the period of issuance. The department shall provide each
  491  active dealer with an annual resale certificate. For purposes of
  492  this section, the term “active dealer” means a person who is
  493  currently registered with the department and who is required to
  494  file at least once during each applicable reporting period.
  495         (e)(d) The department may revoke a any dealer’s certificate
  496  of registration if when the dealer fails to comply with this
  497  chapter. Before Prior to revocation of a dealer’s certificate of
  498  registration, the department must schedule an informal
  499  conference at which the dealer may present evidence regarding
  500  the department’s intended revocation or enter into a compliance
  501  agreement with the department. The department must notify the
  502  dealer of its intended action and the time, place, and date of
  503  the scheduled informal conference by written notification sent
  504  by United States mail to the dealer’s last known address of
  505  record furnished by the dealer on a form prescribed by the
  506  department. The dealer is required to attend the informal
  507  conference and present evidence refuting the department’s
  508  intended revocation or enter into a compliance agreement with
  509  the department which resolves the dealer’s failure to comply
  510  with this chapter. The department shall issue an administrative
  511  complaint under s. 120.60 if the dealer fails to attend the
  512  department’s informal conference, fails to enter into a
  513  compliance agreement with the department resolving the dealer’s
  514  noncompliance with this chapter, or fails to comply with the
  515  executed compliance agreement.
  516         (f)(e) As used in this paragraph, the term “exhibitor”
  517  means a person who enters into an agreement authorizing the
  518  display of tangible personal property or services at a
  519  convention or a trade show. The following provisions apply to
  520  the registration of exhibitors as dealers under this chapter:
  521         1. An exhibitor whose agreement prohibits the sale of
  522  tangible personal property or services subject to the tax
  523  imposed in this chapter is not required to register as a dealer.
  524         2. An exhibitor whose agreement provides for the sale at
  525  wholesale only of tangible personal property or services subject
  526  to the tax imposed under in this chapter must obtain a resale
  527  certificate from the purchasing dealer but is not required to
  528  register as a dealer.
  529         3. An exhibitor whose agreement authorizes the retail sale
  530  of tangible personal property or services subject to the tax
  531  imposed under in this chapter must register as a dealer and
  532  collect the tax imposed under this chapter on such sales.
  533         4. An Any exhibitor who makes a mail order sale pursuant to
  534  s. 212.0596 must register as a dealer.
  535  
  536  A Any person who conducts a convention or a trade show must make
  537  his or her their exhibitor’s agreements available to the
  538  department for inspection and copying.
  539         Section 10. For the purpose of incorporating the amendment
  540  made by this act to subsection (3) of section 212.18, Florida
  541  Statutes, in a reference thereto, paragraph (c) of subsection
  542  (6) of section 212.20, Florida Statutes, is reenacted to read:
  543         212.20 Funds collected, disposition; additional powers of
  544  department; operational expense; refund of taxes adjudicated
  545  unconstitutionally collected.—
  546         (6) Distribution of all proceeds under this chapter and s.
  547  202.18(1)(b) and (2)(b) shall be as follows:
  548         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
  549  and 212.18(3) shall remain with the General Revenue Fund.
  550         Section 11. Subsection (5) of section 213.13, Florida
  551  Statutes, is amended to read:
  552         213.13 Electronic remittance and distribution of funds
  553  collected by clerks of the court.—
  554         (5) All court-related collections, including fees, fines,
  555  reimbursements, court costs, and other court-related funds that
  556  the clerks must remit to the state pursuant to law, must be
  557  transmitted electronically by the 10th 20th day of the month
  558  immediately following the month in which the funds are
  559  collected.
  560         Section 12. Paragraph (a) of subsection (2) of section
  561  213.21, Florida Statutes, is amended to read:
  562         213.21 Informal conferences; compromises.—
  563         (2)(a) The executive director of the department or his or
  564  her designee is authorized to enter into closing agreements with
  565  any taxpayer settling or compromising the taxpayer’s liability
  566  for any tax, interest, or penalty assessed under any of the
  567  chapters specified in s. 72.011(1). Such agreements must shall
  568  be in writing if when the amount of tax, penalty, or interest
  569  compromised exceeds $30,000, or for lesser amounts, if when the
  570  department deems it appropriate or if when requested by the
  571  taxpayer. When a written closing agreement has been approved by
  572  the department and signed by the executive director or his or
  573  her designee and the taxpayer, it shall be final and conclusive;
  574  and, except upon a showing of fraud or misrepresentation of
  575  material fact or except as to adjustments pursuant to ss. 198.16
  576  and 220.23, no additional assessment may be made by the
  577  department against the taxpayer for the tax, interest, or
  578  penalty specified in the closing agreement for the time period
  579  specified in the closing agreement, and the taxpayer is shall
  580  not be entitled to institute any judicial or administrative
  581  proceeding to recover any tax, interest, or penalty paid
  582  pursuant to the closing agreement. The department is authorized
  583  to delegate to the executive director the authority to approve
  584  any such closing agreement resulting in a tax reduction of
  585  $500,000 $250,000 or less.
  586         Section 13. Section 213.295, Florida Statutes, is created
  587  to read:
  588         213.295Automated sales suppression devices.—
  589         (1) As used in this section, the term:
  590         (a) “Automated sales suppression device” or “zapper” means
  591  a software program that falsifies the electronic records of
  592  electronic cash registers or other point-of-sale systems,
  593  including, but not limited to, transaction data and transaction
  594  reports. The term includes the software program, any device that
  595  carries the software program, or an Internet link to the
  596  software program.
  597         (b) “Electronic cash register” means a device that keeps a
  598  register or supporting documents through the use of an
  599  electronic device or computer system designed to record
  600  transaction data for the purpose of computing, compiling, or
  601  processing retail sales transaction data in whatever manner.
  602         (c) “Phantom-ware” means a hidden programming option
  603  embedded in the operating system of an electronic cash register
  604  or hardwired into the electronic cash register which may be used
  605  to create a second set of records or eliminate or manipulate
  606  transaction records, which may or may not be preserved in
  607  digital formats, to represent the true or manipulated record of
  608  transactions in the electronic cash register.
  609         (d) “Transaction data” includes items purchased by a
  610  customer; the price for each item; a taxability determination
  611  for each item; a segregated tax amount for each of the taxed
  612  items; the amount of cash or credit tendered; the net amount
  613  returned to the customer in change; the date and time of the
  614  purchase; the name, address, and identification number of the
  615  vendor; and the receipt or invoice number of the transaction.
  616         (e) “Transaction report” means a report that documents, but
  617  is not limited to documenting, the sales, taxes, or fees
  618  collected, media totals, and discount voids at an electronic
  619  cash register which is printed on a cash register tape at the
  620  end of a day or a shift, or a report that documents every action
  621  at an electronic cash register and which is stored
  622  electronically.
  623         (2) A person may not knowingly sell, purchase, install,
  624  transfer, possess, use, or access any automated sales
  625  suppression device, zapper, or phantom-ware.
  626         (3) A person who violates this section:
  627         (a) Commits a felony of the third degree, punishable as
  628  provided in s. 775.082, s. 775.083, or s. 775.084.
  629         (b) Is liable for all taxes, fees, penalties, and interest
  630  due the state as a result of the use of an automated sales
  631  suppression device, zapper, or phantom-ware and shall forfeit to
  632  the state as an additional penalty all profits associated with
  633  the sale or use of an automated sales suppression device,
  634  zapper, or phantom-ware.
  635         (4) An automated sales suppression device, zapper, phantom
  636  ware, or any device containing such device or software is a
  637  contraband article under ss. 932.701-932.706, the Florida
  638  Contraband Forfeiture Act.
  639         Section 14. Paragraph (q) of subsection (2) of section
  640  288.106, Florida Statutes, is amended to read:
  641         288.106 Tax refund program for qualified target industry
  642  businesses.—
  643         (2) DEFINITIONS.—As used in this section:
  644         (q) “Target industry business” means a corporate
  645  headquarters business or a any business that is engaged in one
  646  of the target industries identified pursuant to the following
  647  criteria developed by the department in consultation with
  648  Enterprise Florida, Inc.:
  649         1. Future growth.—Industry forecasts should indicate strong
  650  expectation for future growth in both employment and output,
  651  according to the most recent available data. Special
  652  consideration should be given to businesses that export goods
  653  to, or provide services in, international markets and businesses
  654  that replace domestic and international imports of goods or
  655  services.
  656         2. Stability.—The industry should not be subject to
  657  periodic layoffs, whether due to seasonality or sensitivity to
  658  volatile economic variables such as weather. The industry should
  659  also be relatively resistant to recession, so that the demand
  660  for products of the this industry is not typically subject to
  661  decline during an economic downturn.
  662         3. High wage.—The industry should pay relatively high wages
  663  compared to statewide or area averages.
  664         4. Market and resource independent.—The location of
  665  industry businesses should not be dependent on Florida markets
  666  or resources as indicated by industry analysis, except for
  667  businesses in the renewable energy industry.
  668         5. Industrial base diversification and strengthening.—The
  669  industry should contribute toward expanding or diversifying the
  670  state’s or area’s economic base, as indicated by analysis of
  671  employment and output shares compared to national and regional
  672  trends. Special consideration should be given to industries that
  673  strengthen regional economies by adding value to basic products
  674  or building regional industrial clusters as indicated by
  675  industry analysis, including, but not limited to, sports
  676  training or competition for the amateur athlete. Special
  677  consideration should also be given to the development of strong
  678  industrial clusters that include defense and homeland security
  679  businesses.
  680         6. Positive economic impact.—The industry is expected to
  681  have strong positive economic impacts on or benefits to the
  682  state or regional economies. Special consideration should be
  683  given to industries that facilitate the development of the state
  684  as a hub for domestic and global trade and logistics.
  685  
  686  The term does not include any business engaged in retail
  687  industry activities; any electrical utility company as defined
  688  in s. 366.02(2); any phosphate or other solid minerals
  689  severance, mining, or processing operation; any oil or gas
  690  exploration or production operation; or any business subject to
  691  regulation by the Division of Hotels and Restaurants of the
  692  Department of Business and Professional Regulation. Any business
  693  within NAICS code 5611 or 5614, office administrative services
  694  and business support services, respectively, may be considered a
  695  target industry business only after the local governing body and
  696  Enterprise Florida, Inc., make a determination that the
  697  community where the business may locate has conditions affecting
  698  the fiscal and economic viability of the local community or
  699  area, including but not limited to, factors such as low per
  700  capita income, high unemployment, high underemployment, and a
  701  lack of year-round stable employment opportunities, and such
  702  conditions may be improved by the location of such a business to
  703  the community. By January 1 of every 3rd year, beginning January
  704  1, 2011, the department, in consultation with Enterprise
  705  Florida, Inc., economic development organizations, the State
  706  University System, local governments, employee and employer
  707  organizations, market analysts, and economists, shall review
  708  and, as appropriate, revise the list of such target industries
  709  and submit the list to the Governor, the President of the
  710  Senate, and the Speaker of the House of Representatives.
  711         Section 15. Paragraph (h) of subsection (3) of section
  712  443.131, Florida Statutes, is amended to read:
  713         443.131 Contributions.—
  714         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  715  EXPERIENCE.—
  716         (h) Additional conditions for variation from the standard
  717  rate.—An employer’s contribution rate may not be reduced below
  718  the standard rate under this section unless:
  719         1. All contributions, reimbursements, interest, and
  720  penalties incurred by the employer for wages paid by him or her
  721  in all previous calendar quarters, except the 4 calendar
  722  quarters immediately preceding the calendar quarter or calendar
  723  year for which the benefit ratio is computed, are paid; and
  724         2. The employer has produced for inspection and copying all
  725  work records in his or her possession, custody, or control which
  726  were requested by the Department of Economic Opportunity or its
  727  tax collection service provider pursuant to s. 443.171(5). An
  728  employer shall have at least 60 days to provide the requested
  729  work records before the employer is assigned the standard rate;
  730  and
  731         3.2. The employer entitled to a rate reduction must have at
  732  least one annual payroll as defined in subparagraph (b)1. unless
  733  the employer is eligible for additional credit under the Federal
  734  Unemployment Tax Act. If the Federal Unemployment Tax Act is
  735  amended or repealed in a manner affecting credit under the
  736  federal act, this section applies only to the extent that
  737  additional credit is allowed against the payment of the tax
  738  imposed by the Federal Unemployment Tax act.
  739  
  740  The tax collection service provider shall assign an earned
  741  contribution rate to an employer for under subparagraph 1. the
  742  quarter immediately after the quarter in which all
  743  contributions, reimbursements, interest, and penalties are paid
  744  in full and all work records requested pursuant to s. 443.171(5)
  745  have been produced for inspection and copying to the Department
  746  of Economic Opportunity or the tax collection service provider.
  747         Section 16. Effective January 1, 2014, paragraph (a) of
  748  subsection (1) of section 443.141, Florida Statutes, is amended
  749  to read:
  750         443.141 Collection of contributions and reimbursements.—
  751         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  752  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  753         (a) Interest.—Contributions or reimbursements unpaid on the
  754  date due bear interest at the rate of 1 percent per month
  755  through December 31, 2013. Beginning January 1, 2014, the
  756  interest rate shall be calculated in accordance with s. 213.235,
  757  except that the rate of interest may not exceed 1 percent per
  758  month from and after the that date due until payment plus
  759  accrued interest is received by the tax collection service
  760  provider, unless the service provider finds that the employing
  761  unit has good reason for failing to pay the contributions or
  762  reimbursements when due. Interest collected under this
  763  subsection must be paid into the Special Employment Security
  764  Administration Trust Fund.
  765         Section 17. Except as otherwise expressly provided in this
  766  act, this act shall take effect upon becoming a law.