Florida Senate - 2019                                     SB 868
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01341-19                                             2019868__
    1                        A bill to be entitled                      
    2         An act relating to local business taxes; amending s.
    3         205.032, F.S.; revising the authority of a governing
    4         body of a county to levy business taxes; providing
    5         retroactive applicability; specifying a limit on such
    6         taxes; deleting procedures for levying business taxes;
    7         amending s. 205.033, F.S.; reducing the maximum fees
    8         for certain receipt transfers; deleting exceptions
    9         from certain apportionment and distribution
   10         requirements for certain counties; deleting provisions
   11         authorizing certain counties to levy and collect
   12         additional business taxes; conforming provisions to
   13         changes made by the act; amending s. 205.042, F.S.;
   14         revising the authority of a governing body of an
   15         incorporated municipality to levy business taxes;
   16         providing retroactive applicability; specifying a
   17         limit on such taxes; deleting procedures for levying
   18         business taxes; amending s. 205.043, F.S.; reducing
   19         the maximum fees for certain receipt transfers;
   20         conforming a provision to changes made by the act;
   21         amending ss. 205.0535 and 205.054, F.S.; conforming
   22         provisions to changes made by the act; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 205.032, Florida Statutes, is amended to
   28  read:
   29         205.032 Levy; counties.—The governing body of a county may
   30  continue to levy, by appropriate resolution or ordinance, a
   31  business tax for the privilege of engaging in or managing any
   32  business, profession, or occupation within its jurisdiction if
   33  an appropriate resolution or ordinance was adopted before
   34  January 1, 2019. The business tax imposed on a taxpayer may not
   35  exceed $25 However, the governing body must first give at least
   36  14 days’ public notice between the first and last reading of the
   37  resolution or ordinance by publishing a notice in a newspaper of
   38  general circulation within its jurisdiction as defined by law.
   39  The public notice must contain the proposed classifications and
   40  rates applicable to the business tax.
   41         Section 2. Section 205.033, Florida Statutes, is amended to
   42  read:
   43         205.033 Conditions for levy; counties.—
   44         (1) The following conditions are imposed on the authority
   45  of a county governing body to levy a business tax:
   46         (a) The tax must be based upon reasonable classifications
   47  and must be uniform throughout any class.
   48         (b)Unless the county implements s. 205.0535 or adopts a
   49  new business tax ordinance under s. 205.0315, a business tax
   50  levied under this subsection may not exceed the rate provided by
   51  this chapter in effect for the year beginning October 1, 1971;
   52  however, beginning October 1, 1980, the county governing body
   53  may increase business taxes authorized by this chapter. The
   54  amount of the increase above the tax rate levied on October 1,
   55  1971, for taxes levied at a flat rate may be up to 100 percent
   56  for business taxes that are $100 or less; 50 percent for
   57  business taxes that are between $101 and $300; and 25 percent
   58  for business taxes that are more than $300. Beginning October 1,
   59  1982, the increase may not exceed 25 percent for taxes levied at
   60  graduated or per unit rates. Authority to increase business
   61  taxes does not apply to licenses or receipts granted to any
   62  utility franchised by the county for which a franchise fee is
   63  paid.
   64         (b)(c) A receipt is not valid for more than 1 year, and all
   65  receipts expire on September 30 of each year, except as
   66  otherwise provided by law.
   67         (2) A Any receipt may be transferred to a new owner, when
   68  there is a bona fide sale of the business, upon payment of a
   69  transfer fee of up to 10 percent of the annual business tax, but
   70  not less than $3 nor more than $25, and presentation of the
   71  original receipt and evidence of the sale. Such transfer fee
   72  must be at least $3 but not more than $10.
   73         (3) Upon written request and presentation of the original
   74  receipt, a any receipt may be transferred from one location to
   75  another location in the same county upon payment of a transfer
   76  fee of up to 10 percent of the annual business tax. Such
   77  transfer fee must be at least $3 but not more than $10,but not
   78  less than $3 nor more than $25.
   79         (4) The revenues derived from the business tax, exclusive
   80  of the costs of collection and any credit given for municipal
   81  business taxes, shall be apportioned between the unincorporated
   82  area of the county and the incorporated municipalities located
   83  therein by a ratio derived by dividing their respective
   84  populations by the population of the county. This subsection
   85  does not apply to counties that have established a new rate
   86  structure under s. 205.0535.
   87         (5) The revenues so apportioned shall be sent to the
   88  governing authority of each municipality, according to its
   89  ratio, and to the governing authority of the county, according
   90  to the ratio of the unincorporated area, within 15 days after
   91  following the month of receipt. This subsection does not apply
   92  to counties that have established a new rate structure under s.
   93  205.0535.
   94         (6)(a)Each county, as defined in s. 125.011(1), or any
   95  county adjacent thereto may levy and collect, by an ordinance
   96  enacted by the governing body of the county, an additional
   97  business tax up to 50 percent of the appropriate business tax
   98  imposed under subsection (1).
   99         (b)Subsections (4) and (5) do not apply to any revenues
  100  derived from the additional tax imposed under this subsection.
  101  Proceeds from the additional business tax must be placed in a
  102  separate interest-earning account, and the governing body of the
  103  county shall distribute this revenue, plus accrued interest,
  104  each fiscal year to an organization or agency designated by the
  105  governing body of the county to oversee and implement a
  106  comprehensive economic development strategy through advertising,
  107  promotional activities, and other sales and marketing
  108  techniques.
  109         (c)An ordinance that levies an additional business tax
  110  under this subsection may not be adopted after January 1, 1995.
  111         (6)(7) Notwithstanding any other provisions of this
  112  chapter, the revenue received from a county business tax may be
  113  used for overseeing and implementing a comprehensive economic
  114  development strategy through advertising, promotional
  115  activities, and other sales and marketing techniques.
  116         Section 3. Section 205.042, Florida Statutes, is amended to
  117  read:
  118         205.042 Levy; municipalities.—The governing body of an
  119  incorporated municipality may continue to levy, by appropriate
  120  resolution or ordinance, a business tax for the privilege of
  121  engaging in or managing any business, profession, or occupation
  122  within its jurisdiction if an appropriate resolution or
  123  ordinance was adopted before January 1, 2019. The business tax
  124  imposed on a taxpayer may not exceed $25. However, the governing
  125  body must first give at least 14 days’ public notice between the
  126  first and last reading of the resolution or ordinance by
  127  publishing the notice in a newspaper of general circulation
  128  within its jurisdiction as defined by law. The notice must
  129  contain the proposed classifications and rates applicable to the
  130  business tax. The business tax may be levied on:
  131         (1) A Any person who maintains a permanent business
  132  location or branch office within the municipality, for the
  133  privilege of engaging in or managing any business within its
  134  jurisdiction.
  135         (2) A Any person who maintains a permanent business
  136  location or branch office within the municipality, for the
  137  privilege of engaging in or managing any profession or
  138  occupation within its jurisdiction.
  139         (3) A Any person who does not qualify under subsection (1)
  140  or subsection (2) and who transacts any business or engages in
  141  any occupation or profession in interstate commerce, if the
  142  business tax is not prohibited by s. 8, Art. I of the United
  143  States Constitution.
  144         Section 4. Subsections (1), (2), and (3) of section
  145  205.043, Florida Statutes, are amended to read:
  146         205.043 Conditions for levy; municipalities.—
  147         (1) The following conditions are imposed on the authority
  148  of a municipal governing body to levy a business tax:
  149         (a) The tax must be based upon reasonable classifications
  150  and must be uniform throughout any class.
  151         (b)Unless the municipality implements s. 205.0535 or
  152  adopts a new business tax ordinance under s. 205.0315, a
  153  business tax levied under this subsection may not exceed the
  154  rate in effect in the municipality for the year beginning
  155  October 1, 1971; however, beginning October 1, 1980, the
  156  municipal governing body may increase business taxes authorized
  157  by this chapter. The amount of the increase above the tax rate
  158  levied on October 1, 1971, for taxes levied at a flat rate may
  159  be up to 100 percent for business taxes that are $100 or less;
  160  50 percent for business taxes that are between $101 and $300;
  161  and 25 percent for business taxes that are more than $300.
  162  Beginning October 1, 1982, an increase may not exceed 25 percent
  163  for taxes levied at graduated or per unit rates. Authority to
  164  increase business taxes does not apply to receipts or licenses
  165  granted to any utility franchised by the municipality for which
  166  a franchise fee is paid.
  167         (b)(c) A receipt is not valid for more than 1 year and all
  168  receipts expire on September 30 of each year, except as
  169  otherwise provided by law.
  170         (2) A Any business receipt may be transferred to a new
  171  owner, when there is a bona fide sale of the business, upon
  172  payment of a transfer fee of up to 10 percent of the annual tax,
  173  but not less than $3 nor more than $25, and presentation of the
  174  original receipt and evidence of the sale. Such transfer fee
  175  must be at least $3 but not more than $10.
  176         (3) Upon written request and presentation of the original
  177  receipt, a any receipt may be transferred from one location to
  178  another location in the same municipality upon payment of a
  179  transfer fee of up to 10 percent of the annual tax. Such
  180  transfer fee must be at least $3 but not more than $10, but not
  181  less than $3 nor more than $25.
  182         Section 5. Paragraphs (a) and (b) of subsection (3) of
  183  section 205.0535, Florida Statutes, are amended to read:
  184         205.0535 Reclassification and rate structure revisions.—
  185         (3)(a) After the reclassification and rate structure
  186  revisions have been transmitted to and considered by the
  187  appropriate local governing body, it may adopt by majority vote
  188  a new business tax ordinance. The business tax imposed on a
  189  taxpayer may not exceed $25 Except that a minimum tax of up to
  190  $25 is permitted, the reclassification may not increase the tax
  191  by more than the following: for receipts costing $150 or less,
  192  200 percent; for receipts costing more than $150 but not more
  193  than $500, 100 percent; for receipts costing more than $500 but
  194  not more than $2,500, 75 percent; for receipts costing more than
  195  $2,500 but not more than $10,000, 50 percent; and for receipts
  196  costing more than $10,000, 10 percent; however, in no case may
  197  the tax on any receipt be increased more than $5,000.
  198         (b) The total annual revenue generated by the new rate
  199  structure for the fiscal year following the fiscal year during
  200  which the rate structure is adopted may not exceed:
  201         1. For municipalities, the sum of the revenue base and 10
  202  percent of that revenue base. The revenue base is the sum of the
  203  business tax revenue generated by receipts issued for the most
  204  recently completed local fiscal year or the amount of revenue
  205  that would have been generated from the authorized increases
  206  under s. 205.043(1)(b), whichever is greater, plus any revenue
  207  received from the county under s. 205.033(4).
  208         2. For counties, the sum of the revenue base, 10 percent of
  209  that revenue base, and the amount of revenue distributed by the
  210  county to the municipalities under s. 205.033(4) during the most
  211  recently completed local fiscal year. The revenue base is the
  212  business tax revenue generated by receipts issued for the most
  213  recently completed local fiscal year or the amount of revenue
  214  that would have been generated from the authorized increases
  215  under s. 205.033(1)(b), whichever is greater, but may not
  216  include any revenues distributed to municipalities under s.
  217  205.033(4).
  218         Section 6. Subsection (1) of section 205.054, Florida
  219  Statutes, is amended to read:
  220         205.054 Business tax; partial exemption for engaging in
  221  business or occupation in enterprise zone.—
  222         (1) Notwithstanding the provisions of s. 205.033(1)(a) or
  223  s. 205.043(1)(a), the governing body of a county or municipality
  224  may authorize by appropriate resolution or ordinance, adopted
  225  pursuant to the procedure established in s. 205.032 or s.
  226  205.042, the exemption of 50 percent of the business tax levied
  227  for the privilege of engaging in or managing any business,
  228  profession, or occupation in the respective jurisdiction of the
  229  county or municipality when such privilege is exercised at a
  230  permanent business location or branch office located in an
  231  enterprise zone. In adopting the resolution or ordinance, the
  232  governing body must first give at least 14 days’ public notice
  233  between the first and last reading of the resolution or
  234  ordinance by publishing a notice in a newspaper of general
  235  circulation within its jurisdiction as defined by law. The
  236  public notice must contain the proposed classifications and
  237  rates applicable to the business tax.
  238         Section 7. This act shall take effect July 1, 2019.