Florida Senate - 2017                                    SB 1442
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01037A-17                                           20171442__
    1                        A bill to be entitled                      
    2         An act relating to fee and surcharge reductions;
    3         amending s. 113.01, F.S.; deleting the fee for a
    4         commission of an elected officer by the Governor;
    5         amending s. 206.41, F.S.; deleting the fee for a claim
    6         for refund of the tax on motor fuel; amending s.
    7         212.18, F.S.; deleting a registration fee for certain
    8         dealers or businesses; amending s. 319.32, F.S.;
    9         exempting a surviving spouse from the fee to transfer
   10         a motor vehicle title; amending ss. 322.051 and
   11         322.14, F.S.; deleting fees for adding the word
   12         “Veteran” to an identification card or driver license;
   13         amending s. 322.21, F.S.; exempting veterans from the
   14         fee for an original commercial driver license;
   15         exempting certain persons from the fee for an
   16         identification card; amending s. 455.271, F.S.;
   17         revising provisions relating to imposition and amount
   18         of a delinquency fee for licensees regulated by the
   19         Department of Business and Professional Regulation;
   20         amending s. 488.03, F.S.; reducing fees for
   21         application, licensure, and renewal of licensure to
   22         operate a driver school; amending s. 553.721, F.S.;
   23         reducing the amount of the surcharge assessed by the
   24         department on Florida Building Code permit fees;
   25         amending ss. 15.09, 212.0596, and 319.28, F.S.;
   26         conforming provisions to changes made by the act;
   27         providing effective dates.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (3) of section 15.09, Florida
   32  Statutes, is amended to read:
   33         15.09 Fees.—
   34         (3) All fees arising from certificates of election or
   35  appointment to office and from commissions to officers shall be
   36  paid to the Chief Financial Officer for deposit in the General
   37  Revenue Fund.
   38         Section 2. Section 113.01, Florida Statutes, is amended to
   39  read:
   40         113.01 Fee for commissions issued by Governor.—A fee of $10
   41  is prescribed for the issuance of each commission issued by the
   42  Governor of the state and attested by the Secretary of State for
   43  an elected officer or a notary public.
   44         Section 3. Effective January 1, 2018, paragraph (c) of
   45  subsection (5) of section 206.41, Florida Statutes, is amended
   46  to read:
   47         206.41 State taxes imposed on motor fuel.—
   48         (5)
   49         (c)1. No refund may be authorized unless a sworn
   50  application therefor containing such information as the
   51  department may determine is filed with the department not later
   52  than the last day of the month following the quarter for which
   53  the refund is claimed. However, when a justified excuse for late
   54  filing is presented to the department and the last preceding
   55  claim was filed on time, the deadline for filing may be extended
   56  an additional month. No refund will be authorized unless the
   57  amount due is for $5 or more for any refund period and unless
   58  application is made upon forms prescribed by the department.
   59         2. Claims made for refunds provided pursuant to subsection
   60  (4) shall be paid quarterly. The department shall deduct a fee
   61  of $2 for each claim, which fee shall be deposited in the
   62  General Revenue Fund.
   63         Section 4. Effective January 1, 2018, subsection (7) of
   64  section 212.0596, Florida Statutes, is amended to read:
   65         212.0596 Taxation of mail order sales.—
   66         (7) The department may establish by rule procedures for
   67  collecting the use tax from unregistered persons who but for
   68  their mail order purchases would not be required to remit sales
   69  or use tax directly to the department. The procedures may
   70  provide for waiver of registration and registration fees,
   71  provisions for irregular remittance of tax, elimination of the
   72  collection allowance, and nonapplication of local option
   73  surtaxes.
   74         Section 5. Effective January 1, 2018, paragraphs (a) and
   75  (c) of subsection (3) of section 212.18, Florida Statutes, are
   76  amended to read:
   77         212.18 Administration of law; registration of dealers;
   78  rules.—
   79         (3)(a) A person desiring to engage in or conduct business
   80  in this state as a dealer, or to lease, rent, or let or grant
   81  licenses in living quarters or sleeping or housekeeping
   82  accommodations in hotels, apartment houses, roominghouses, or
   83  tourist or trailer camps that are subject to tax under s.
   84  212.03, or to lease, rent, or let or grant licenses in real
   85  property, and a person who sells or receives anything of value
   86  by way of admissions, must file with the department an
   87  application for a certificate of registration for each place of
   88  business. The application must include the names of the persons
   89  who have interests in such business and their residences, the
   90  address of the business, and other data reasonably required by
   91  the department. However, owners and operators of vending
   92  machines or newspaper rack machines are required to obtain only
   93  one certificate of registration for each county in which such
   94  machines are located. The department, by rule, may authorize a
   95  dealer that uses independent sellers to sell its merchandise to
   96  remit tax on the retail sales price charged to the ultimate
   97  consumer in lieu of having the independent seller register as a
   98  dealer and remit the tax. The department may appoint the county
   99  tax collector as the department’s agent to accept applications
  100  for registrations. The application must be submitted to the
  101  department before the person, firm, copartnership, or
  102  corporation may engage in such business, and it must be
  103  accompanied by a registration fee of $5. However, a registration
  104  fee is not required to accompany an application to engage in or
  105  conduct business to make mail order sales. The department may
  106  waive the registration fee for applications submitted through
  107  the department’s Internet registration process.
  108         (c)1. A person who engages in acts requiring a certificate
  109  of registration under this subsection and who fails or refuses
  110  to register commits a misdemeanor of the first degree,
  111  punishable as provided in s. 775.082 or s. 775.083. Such acts
  112  are subject to injunctive proceedings as provided by law. A
  113  person who engages in acts requiring a certificate of
  114  registration and who fails or refuses to register is also
  115  subject to a $100 initial registration fee in lieu of the $5
  116  registration fee required by paragraph (a). However, the
  117  department may waive the increase in the registration fee if it
  118  finds that the failure to register was due to reasonable cause
  119  and not to willful negligence, willful neglect, or fraud.
  120         2.a. A person who willfully fails to register after the
  121  department provides notice of the duty to register as a dealer
  122  commits a felony of the third degree, punishable as provided in
  123  s. 775.082, s. 775.083, or s. 775.084.
  124         b. The department shall provide written notice of the duty
  125  to register to the person by personal service or by sending
  126  notice by registered mail to the person’s last known address.
  127  The department may provide written notice by both methods
  128  described in this sub-subparagraph.
  129         Section 6. Paragraph (a) of subsection (1) of section
  130  319.28, Florida Statutes, is amended to read:
  131         319.28 Transfer of ownership by operation of law.—
  132         (1)(a) In the event of the transfer of ownership of a motor
  133  vehicle or mobile home by operation of law as upon inheritance,
  134  devise or bequest, order in bankruptcy, insolvency, replevin,
  135  attachment, execution, or other judicial sale or whenever the
  136  engine of a motor vehicle is replaced by another engine or
  137  whenever a motor vehicle is sold to satisfy storage or repair
  138  charges or repossession is had upon default in performance of
  139  the terms of a security agreement, chattel mortgage, conditional
  140  sales contract, trust receipt, or other like agreement, and upon
  141  the surrender of the prior certificate of title or, when that is
  142  not possible, presentation of satisfactory proof to the
  143  department of ownership and right of possession to such motor
  144  vehicle or mobile home, and upon payment of the fee prescribed
  145  by law, except as provided in s. 319.32(1)(d), and presentation
  146  of an application for certificate of title, the department may
  147  issue to the applicant a certificate of title thereto.
  148         Section 7. Subsection (1) of section 319.32, Florida
  149  Statutes, is amended to read:
  150         319.32 Fees; service charges; disposition.—
  151         (1)(a) The department shall charge a fee of $70 for each
  152  original certificate of title, except for a certificate of title
  153  for a motor vehicle for hire registered under s. 320.08(6) for
  154  which the title fee shall be $49; $70 for each duplicate copy of
  155  a certificate of title, except for a certificate of title for a
  156  motor vehicle for hire registered under s. 320.08(6) for which
  157  the title fee shall be $49; $2 for each salvage certificate of
  158  title; and $3 for each assignment by a lienholder. The
  159  department shall also charge a fee of $2 for noting a lien on a
  160  title certificate, which fee includes the services for the
  161  subsequent issuance of a corrected certificate or cancellation
  162  of lien when that lien is satisfied.
  163         (b) If an application for a certificate of title is for a
  164  vehicle that is required by s. 319.14(1)(b) to have a physical
  165  examination, the department shall charge an additional fee of
  166  $40 for the initial examination and $20 for each subsequent
  167  examination. The initial examination fee shall be deposited into
  168  the General Revenue Fund, and each subsequent examination fee
  169  shall be deposited into the Highway Safety Operating Trust Fund.
  170  The physical examination of the vehicle includes, but is not
  171  limited to, verification of the vehicle identification number
  172  and verification of the bill of sale or title for major
  173  components.
  174         (c) In addition to all other fees charged, a sum of $1
  175  shall be paid for the issuance of an original or duplicate
  176  certificate of title to cover the cost of materials used for
  177  security purposes. A service fee of $2.50, to be deposited into
  178  the Highway Safety Operating Trust Fund, shall be charged for
  179  shipping and handling for each paper title mailed by the
  180  department.
  181         (d)The surviving spouse of a deceased motor vehicle owner
  182  who applies for a transfer of title in his or her own name is
  183  exempt from the fees imposed under this subsection.
  184         Section 8. Paragraph (b) of subsection (8) of section
  185  322.051, Florida Statutes, is amended to read:
  186         322.051 Identification cards.—
  187         (8)
  188         (b) The word “Veteran” shall be exhibited on the
  189  identification card of a veteran upon the payment of an
  190  additional $1 fee for the identification card and the
  191  presentation of a copy of the person’s DD Form 214, issued by
  192  the United States Department of Defense, or another acceptable
  193  form specified by the Department of Veterans’ Affairs. Until a
  194  veteran’s identification card is next renewed, the veteran may
  195  have the word “Veteran” added to his or her identification card
  196  upon surrender of his or her current identification card,
  197  payment of a $2 fee to be deposited into the Highway Safety
  198  Operating Trust Fund, and presentation of a copy of his or her
  199  DD Form 214 or another acceptable form specified by the
  200  Department of Veterans’ Affairs. If the applicant is not
  201  conducting any other transaction affecting the identification
  202  card, a replacement identification card shall be issued with the
  203  word “Veteran” without payment of the fee required in s.
  204  322.21(1)(f)3.
  205         Section 9. Paragraph (d) of subsection (1) of section
  206  322.14, Florida Statutes, is amended to read:
  207         322.14 Licenses issued to drivers.—
  208         (1)
  209         (d) The word “Veteran” shall be exhibited on the driver
  210  license of a veteran upon the payment of an additional $1 fee
  211  for the license and the presentation of a copy of the person’s
  212  DD Form 214, issued by the United States Department of Defense,
  213  or another acceptable form specified by the Department of
  214  Veterans’ Affairs. Until a veteran’s license is next renewed,
  215  the veteran may have the word “Veteran” added to his or her
  216  license upon surrender of his or her current license, payment of
  217  a $2 fee to be deposited into the Highway Safety Operating Trust
  218  Fund, and presentation of a copy of his or her DD Form 214 or
  219  another acceptable form specified by the Department of Veterans’
  220  Affairs. If the applicant is not conducting any other
  221  transaction affecting the driver license, a replacement license
  222  shall be issued with the word “Veteran” without payment of the
  223  fee required in s. 322.21(1)(e).
  224         Section 10. Paragraphs (a) and (f) of subsection (1) of
  225  section 322.21, Florida Statutes, are amended to read:
  226         322.21 License fees; procedure for handling and collecting
  227  fees.—
  228         (1) Except as otherwise provided herein, the fee for:
  229         (a) An original or renewal commercial driver license is
  230  $75, which shall include the fee for driver education provided
  231  by s. 1003.48. However, if an applicant has completed training
  232  and is applying for employment or is currently employed in a
  233  public or nonpublic school system that requires the commercial
  234  license, the fee is the same as for a Class E driver license. A
  235  delinquent fee of $15 shall be added for a renewal within 12
  236  months after the license expiration date. A veteran is exempt
  237  from the fee for an original commercial driver license upon
  238  presentation of his or her DD Form 214, issued by the United
  239  States Department of Defense, or another acceptable form
  240  specified by the Department of Veterans’ Affairs.
  241         (f) An original, renewal, or replacement identification
  242  card issued pursuant to s. 322.051 is $25, except that an
  243  applicant who presents evidence satisfactory to the department
  244  that he or she is homeless as defined in s. 414.0252(7); his or
  245  her annual income is at or below 100 percent of the federal
  246  poverty level; or he or she is a juvenile offender who is in the
  247  custody or under the supervision of the Department of Juvenile
  248  Justice, is receiving services pursuant to s. 985.461, and whose
  249  identification card is issued by the department’s mobile issuing
  250  units; or he or she is 80 years of age or older is exempt from
  251  such fee. Funds collected from fees for original, renewal, or
  252  replacement identification cards shall be distributed as
  253  follows:
  254         1. For an original identification card issued pursuant to
  255  s. 322.051, the fee shall be deposited into the General Revenue
  256  Fund.
  257         2. For a renewal identification card issued pursuant to s.
  258  322.051, $6 shall be deposited into the Highway Safety Operating
  259  Trust Fund, and $19 shall be deposited into the General Revenue
  260  Fund.
  261         3. For a replacement identification card issued pursuant to
  262  s. 322.051, $9 shall be deposited into the Highway Safety
  263  Operating Trust Fund, and $16 shall be deposited into the
  264  General Revenue Fund. Beginning July 1, 2015, or upon completion
  265  of the transition of the driver license issuance services, if
  266  the replacement identification card is issued by the tax
  267  collector, the tax collector shall retain the $9 that would
  268  otherwise be deposited into the Highway Safety Operating Trust
  269  Fund and the remaining revenues shall be deposited into the
  270  General Revenue Fund.
  271         Section 11. Subsection (7) of section 455.271, Florida
  272  Statutes, is amended to read:
  273         455.271 Inactive and delinquent status.—
  274         (7) Notwithstanding the provisions of the professional
  275  practice acts administered by the department, each board, or the
  276  department when there is no board, shall, by rule, impose an
  277  additional delinquency fee of $25, not to exceed the biennial
  278  renewal fee for an active status license, on a delinquent status
  279  licensee when such licensee applies for active or inactive
  280  status.
  281         Section 12. Section 488.03, Florida Statutes, is amended to
  282  read:
  283         488.03 License; application; expiration; renewal; fees.—An
  284  application for a license shall be made in the form prescribed
  285  by the Department of Highway Safety and Motor Vehicles. Every
  286  application for an original license must be accompanied by an
  287  application fee of $25 $50, which fee may not be refunded. If
  288  the application is approved, a further fee of $100 $200 must be
  289  paid before the license may be issued. The license shall be
  290  valid for a period of 1 year from the date of issuance and is
  291  not transferable. In the event of any change in ownership or
  292  interest in the business, an application for a new license,
  293  together with all instructors’ certificates issued thereunder,
  294  must be surrendered to the department before a license will be
  295  issued to a new owner of the business. The fee for the annual
  296  renewal of a license is $50 $100.
  297         Section 13. Section 553.721, Florida Statutes, is amended
  298  to read:
  299         553.721 Surcharge.—In order for the Department of Business
  300  and Professional Regulation to administer and carry out the
  301  purposes of this part and related activities, there is created a
  302  surcharge, to be assessed at the rate of 1 1.5 percent of the
  303  permit fees associated with enforcement of the Florida Building
  304  Code as defined by the uniform account criteria and specifically
  305  the uniform account code for building permits adopted for local
  306  government financial reporting pursuant to s. 218.32. The
  307  minimum amount collected on any permit issued shall be $2. The
  308  unit of government responsible for collecting a permit fee
  309  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  310  surcharge and electronically remit the funds collected to the
  311  department on a quarterly calendar basis for the preceding
  312  quarter and continuing each third month thereafter. The unit of
  313  government shall retain 10 percent of the surcharge collected to
  314  fund the participation of building departments in the national
  315  and state building code adoption processes and to provide
  316  education related to enforcement of the Florida Building Code.
  317  All funds remitted to the department pursuant to this section
  318  shall be deposited in the Professional Regulation Trust Fund.
  319  Funds collected from the surcharge shall be allocated to fund
  320  the Florida Building Commission and the Florida Building Code
  321  Compliance and Mitigation Program under s. 553.841. Funds
  322  allocated to the Florida Building Code Compliance and Mitigation
  323  Program shall be $925,000 each fiscal year. The Florida Building
  324  Code Compliance and Mitigation Program shall fund the
  325  recommendations made by the Building Code System Uniform
  326  Implementation Evaluation Workgroup, dated April 8, 2013, from
  327  existing resources, not to exceed $30,000 in the 2016-2017
  328  fiscal year. Funds collected from the surcharge shall also be
  329  used to fund Florida Fire Prevention Code informal
  330  interpretations managed by the State Fire Marshal and shall be
  331  limited to $15,000 each fiscal year. The State Fire Marshal
  332  shall adopt rules to address the implementation and expenditure
  333  of the funds allocated to fund the Florida Fire Prevention Code
  334  informal interpretations under this section. The funds collected
  335  from the surcharge may not be used to fund research on
  336  techniques for mitigation of radon in existing buildings. Funds
  337  used by the department as well as funds to be transferred to the
  338  Department of Health and the State Fire Marshal shall be as
  339  prescribed in the annual General Appropriations Act. The
  340  department shall adopt rules governing the collection and
  341  remittance of surcharges pursuant to chapter 120.
  342         Section 14. Except as otherwise expressly provided in this
  343  act, this act shall take effect July 1, 2017.