Senate Bill 1648e1

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    CS for SB 1648                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to tax on sales, use, and other

  3         transactions; amending s. 212.12, F.S.;

  4         providing that, when a dealer's records are

  5         adequate but voluminous and the Department of

  6         Revenue samples those records to determine the

  7         dealer's tax liability, overpayments shall be

  8         projected over the entire audit period, and the

  9         tax liability reduced or refund made as

10         necessary; providing intent; providing for a

11         refund of certain taxes paid; amending s.

12         212.20, F.S.; providing a lump-sum payment to

13         the International Game Fish Association World

14         Center; reducing the maximum number of monthly

15         distributions to account for the lump-sum

16         payment; providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Paragraph (c) of subsection (6) of section

21  212.12, Florida Statutes, is amended to read:

22         212.12  Dealer's credit for collecting tax; penalties

23  for noncompliance; powers of Department of Revenue in dealing

24  with delinquents; brackets applicable to taxable transactions;

25  records required.--

26         (6)

27         (c)1.  If the records of a dealer are adequate but

28  voluminous in nature and substance, the department may

29  statistically sample such records, except for fixed assets,

30  and project the audit findings derived therefrom over the

31  entire audit period to determine the proportion that taxable


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    CS for SB 1648                                 First Engrossed



  1  retail sales bear to total retail sales or the proportion that

  2  taxable purchases bear to total purchases.  In order to

  3  conduct such a sample, the department must first make a good

  4  faith effort to reach an agreement with the dealer, which

  5  agreement provides for the means and methods to be used in the

  6  sampling process.  In the event that no agreement is reached,

  7  the dealer is entitled to a review by the executive director.

  8         2.  For the purposes of sampling pursuant to

  9  subparagraph 1. the department shall project any deficiencies

10  and overpayments derived therefrom over the entire audit

11  period. In determining the dealer's compliance, the department

12  shall reduce any tax deficiency as derived from the sample by

13  the amount of any overpayment derived from the sample. If the

14  department determines from the sample results that the dealer

15  has a net tax overpayment, the department shall provide the

16  findings of this overpayment to the Comptroller for repayment

17  of funds paid into the State Treasury through error pursuant

18  to s. 215.26.

19         Section 2.  It is the intent of the Legislature that

20  this act clarify rather than change existing law. Further,

21  this act shall apply to all tax periods that are still open

22  for assessment or refund when this act takes effect, including

23  tax periods that are the subject of assessment or refund

24  claims that are pending in administrative or judicial

25  proceedings when this act takes effect.

26         Section 3.  For the period July 1, 1998, through June

27  30, 1999, every business classified under Industry Group

28  Number 212, which has collected and paid tax imposed by

29  chapter 212, Florida Statutes, on charges for steam or

30  electrical energy used in the manner provided by section

31  212.08(7)(ii), Florida Statutes, shall qualify for a refund of


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    CS for SB 1648                                 First Engrossed



  1  said taxes pursuant to sections 213.255 and 215.26, Florida

  2  Statutes, or shall be relieved of the requirement to pay such

  3  taxes if those taxes have not been collected and paid. It is

  4  the intent of the Legislature that this provision shall be

  5  applied as if Industry Group Number 212 had never been

  6  excluded from this exemption. As used in this section, the

  7  term "SIC" means those classifications contained in the

  8  Standard Industrial Classification Manual, 1987, as published

  9  by the Office of Management and Budget, Executive Office of

10  the President.

11         Section 4.  Paragraph (f) of subsection (6) of section

12  212.20, Florida Statutes, is amended to read:

13         212.20  Funds collected, disposition; additional powers

14  of department; operational expense; refund of taxes

15  adjudicated unconstitutionally collected.--

16         (6)  Distribution of all proceeds under this chapter

17  shall be as follows:

18         (f)  The proceeds of all other taxes and fees imposed

19  pursuant to this chapter shall be distributed as follows:

20         1.  In any fiscal year, the greater of $500 million,

21  minus an amount equal to 4.6 percent of the proceeds of the

22  taxes collected pursuant to chapter 201, or 5 percent of all

23  other taxes and fees imposed pursuant to this chapter shall be

24  deposited in monthly installments into the General Revenue

25  Fund.

26         2.  Two-tenths of one percent shall be transferred to

27  the Solid Waste Management Trust Fund.

28         3.  After the distribution under subparagraphs 1. and

29  2., 9.653 percent of the amount remitted by a sales tax dealer

30  located within a participating county pursuant to s. 218.61

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    CS for SB 1648                                 First Engrossed



  1  shall be transferred into the Local Government Half-cent Sales

  2  Tax Clearing Trust Fund.

  3         4.  After the distribution under subparagraphs 1., 2.,

  4  and 3., 0.054 percent shall be transferred to the Local

  5  Government Half-cent Sales Tax Clearing Trust Fund and

  6  distributed pursuant to s. 218.65.

  7         5.  Of the remaining proceeds:

  8         a.  Beginning July 1, 1992, $166,667 shall be

  9  distributed monthly by the department to each applicant that

10  has been certified as a "facility for a new professional

11  sports franchise" or a "facility for a retained professional

12  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

13  distributed monthly by the department to each applicant that

14  has been certified as a "new spring training franchise

15  facility" pursuant to s. 288.1162. Distributions shall begin

16  60 days following such certification and shall continue for 30

17  years. Nothing contained herein shall be construed to allow an

18  applicant certified pursuant to s. 288.1162 to receive more in

19  distributions than actually expended by the applicant for the

20  public purposes provided for in s. 288.1162(7). However, a

21  certified applicant shall receive distributions up to the

22  maximum amount allowable and undistributed under this section

23  for additional renovations and improvements to the facility

24  for the franchise without additional certification.

25         b.  Beginning 30 days after notice by the Office of

26  Tourism, Trade, and Economic Development to the Department of

27  Revenue that an applicant has been certified as the

28  professional golf hall of fame pursuant to s. 288.1168 and is

29  open to the public, $166,667 shall be distributed monthly, for

30  up to 300 months, to the applicant.

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    CS for SB 1648                                 First Engrossed



  1         c.  Beginning 30 days after notice by the Office of

  2  Tourism, Trade, and Economic Development Department of

  3  Commerce to the Department of Revenue that the applicant has

  4  been certified as the International Game Fish Association

  5  World Center facility pursuant to s. 288.1169, and the

  6  facility is open to the public, $83,333 shall be distributed

  7  monthly, for up to 168 180 months, to the applicant.  This

  8  distribution is subject to reduction pursuant to s. 288.1169.

  9  A lump-sum payment of $999,996 shall be made after

10  certification and before July 1, 2000.

11         6.  All other proceeds shall remain with the General

12  Revenue Fund.

13         Section 5.  This act shall take effect upon becoming a

14  law.

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