House Bill hb0017

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    Florida House of Representatives - 2001                  HB 17

        By Representatives Melvin, Fasano, Murman, Maygarden,
    Wallace, Ball, Dockery, Argenziano, Trovillion, Crow, Andrews,
    Diaz-Balart, Allen, Fiorentino, Baker, Spratt, Brummer, Kyle,
    Gibson, Mayfield, Hogan, Diaz de la Portilla, Barreiro,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to intangible personal property

  3         taxes; repealing chapter 199, F.S., which

  4         provides for taxes on intangible personal

  5         property; amending ss. 72.011, 192.091,

  6         196.199, 196.1993, 201.23, 212.02, 213.015,

  7         213.05, 213.053, 213.054, 213.27, 213.31,

  8         215.555, 220.1845, 288.039, 288.1045, 288.106,

  9         288.1066, 376.30781, 440.49, 493.6102, 516.031,

10         627.311, 627.351, 650.05, 655.071, 733.604, and

11         766.105, F.S., to conform to such repeal;

12         repealing ss. 192.032(5), 192.042(3),

13         193.114(4), 196.015(9), 607.1622(1)(g), and

14         731.111(2), F.S., relating to assessment of

15         intangible personal property, the intangible

16         personal property tax roll, filing of

17         intangible tax returns as a factor in

18         determining residency, intangible tax liability

19         information in a corporation's annual report,

20         and claims against a decedent's estate for

21         intangible taxes; amending s. 192.0105, F.S.;

22         correcting a reference; providing an effective

23         date.

24

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

26

27         Section 1.  Chapter 199, Florida Statutes, consisting

28  of sections 199.012, 199.023, 199.032, 199.033, 199.042,

29  199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,

30  199.133, 199.135, 199.143, 199.145, 199.155, 199.175, 199.183,

31  199.185, 199.202, 199.212, 199.218, 199.232, 199.262, 199.272,

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  1  199.282, 199.292, and 199.303, Florida Statutes, is hereby

  2  repealed.

  3         Section 2.  If section 33 of chapter 2000-260, Laws of

  4  Florida, is repealed by section 58 of said chapter, paragraph

  5  (a) of subsection (1) of section 72.011, Florida Statutes, is

  6  amended to read:

  7         72.011  Jurisdiction of circuit courts in specific tax

  8  matters; administrative hearings and appeals; time for

  9  commencing action; parties; deposits.--

10         (1)(a)  A taxpayer may contest the legality of any

11  assessment or denial of refund of tax, fee, surcharge, permit,

12  interest, or penalty provided for under s. 125.0104, s.

13  125.0108, chapter 198, chapter 199, chapter 201, chapter 203,

14  chapter 206, chapter 207, chapter 210, chapter 211, chapter

15  212, chapter 213, chapter 220, chapter 221, s. 370.07(3),

16  chapter 376, s. 403.717, s. 403.718, s. 403.7185, s. 538.09,

17  s. 538.25, chapter 550, chapter 561, chapter 562, chapter 563,

18  chapter 564, chapter 565, chapter 624, or s. 681.117 by filing

19  an action in circuit court; or, alternatively, the taxpayer

20  may file a petition under the applicable provisions of chapter

21  120. However, once an action has been initiated under s.

22  120.56, s. 120.565, s. 120.569, s. 120.57, or s.

23  120.80(14)(b), no action relating to the same subject matter

24  may be filed by the taxpayer in circuit court, and judicial

25  review shall be exclusively limited to appellate review

26  pursuant to s. 120.68; and once an action has been initiated

27  in circuit court, no action may be brought under chapter 120.

28         Section 3.  If section 33 of chapter 2000-260, Laws of

29  Florida, is not repealed by section 58 of said chapter,

30  paragraph (a) of subsection (1) of section 72.011, Florida

31  Statutes, is amended to read:

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  1         72.011  Jurisdiction of circuit courts in specific tax

  2  matters; administrative hearings and appeals; time for

  3  commencing action; parties; deposits.--

  4         (1)(a)  A taxpayer may contest the legality of any

  5  assessment or denial of refund of tax, fee, surcharge, permit,

  6  interest, or penalty provided for under s. 125.0104, s.

  7  125.0108, chapter 198, chapter 199, chapter 201, chapter 202,

  8  chapter 203, chapter 206, chapter 207, chapter 210, chapter

  9  211, chapter 212, chapter 213, chapter 220, chapter 221, s.

10  370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185,

11  s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562,

12  chapter 563, chapter 564, chapter 565, chapter 624, or s.

13  681.117 by filing an action in circuit court; or,

14  alternatively, the taxpayer may file a petition under the

15  applicable provisions of chapter 120. However, once an action

16  has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

17  120.57, or s. 120.80(14)(b), no action relating to the same

18  subject matter may be filed by the taxpayer in circuit court,

19  and judicial review shall be exclusively limited to appellate

20  review pursuant to s. 120.68; and once an action has been

21  initiated in circuit court, no action may be brought under

22  chapter 120.

23         Section 4.  Subsection (5) of section 192.091, Florida

24  Statutes, is amended to read:

25         192.091  Commissions of property appraisers and tax

26  collectors.--

27         (5)  Provided, that the provisions of this section

28  shall not apply to commissions on intangible property taxes or

29  drainage district or drainage subdistrict taxes.; and

30         Section 5.  Paragraph (b) of subsection (2) of section

31  196.199, Florida Statutes, is amended to read:

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  1         196.199  Government property exemption.--

  2         (2)  Property owned by the following governmental units

  3  but used by nongovernmental lessees shall only be exempt from

  4  taxation under the following conditions:

  5         (b)  Except as provided in paragraph (c), the exemption

  6  provided by this subsection shall not apply to those portions

  7  of a leasehold or other interest defined by s. 199.023(1)(d),

  8  Florida Statutes, 2000, subject to the provisions of

  9  subsection (7).  Such leasehold or other interest shall be

10  taxed only as intangible personal property pursuant to chapter

11  199 if rental payments are due in consideration of such

12  leasehold or other interest. If no rental payments are due

13  pursuant to the agreement creating such leasehold or other

14  interest, the leasehold or other interest shall be taxed as

15  real property.  Nothing in this paragraph shall be deemed to

16  exempt personal property, buildings, or other real property

17  improvements owned by the lessee from ad valorem taxation.

18         Section 6.  Section 196.1993, Florida Statutes, is

19  amended to read:

20         196.1993  Certain agreements with local governments for

21  use of public property; exemption.--Any agreement entered into

22  with a local governmental authority prior to January 1, 1969,

23  for use of public property, under which it was understood and

24  agreed in a written instrument or by special act that no ad

25  valorem real property taxes would be paid by the licensee or

26  lessee, shall be deemed a license or management agreement for

27  the use or management of public property. Such interest shall

28  be deemed not to convey an interest in the property and shall

29  not be subject to ad valorem real property taxation.  Nothing

30  in this section shall be deemed to exempt such licensee from

31

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  1  the ad valorem intangible tax and the ad valorem personal

  2  property tax.

  3         Section 7.  Subsection (4) of section 201.23, Florida

  4  Statutes, is amended to read:

  5         201.23  Foreign notes and other written obligations

  6  exempt.--

  7         (4)  The excise taxes imposed by this chapter shall not

  8  apply to the documents, notes, evidences of indebtedness,

  9  financing statements, drafts, bills of exchange, or other

10  taxable items dealt with, made, issued, drawn upon, accepted,

11  delivered, shipped, received, signed, executed, assigned,

12  transferred, or sold by or to a banking organization, as

13  defined in s. 199.023(9), Florida Statutes, 2000, in the

14  conduct of an international banking transaction, as defined in

15  s. 199.023(11), Florida Statutes, 2000.  Nothing in this

16  subsection shall be construed to change the application of

17  paragraph (2)(a).

18         Section 8.  Subsection (19) of section 212.02, Florida

19  Statutes, is amended to read:

20         212.02  Definitions.--The following terms and phrases

21  when used in this chapter have the meanings ascribed to them

22  in this section, except where the context clearly indicates a

23  different meaning:

24         (19)  "Tangible personal property" means and includes

25  personal property which may be seen, weighed, measured, or

26  touched or is in any manner perceptible to the senses,

27  including electric power or energy, boats, motor vehicles and

28  mobile homes as defined in s. 320.01(1) and (2), aircraft as

29  defined in s. 330.27, and all other types of vehicles.  The

30  term "tangible personal property" does not include stocks,

31  bonds, notes, insurance, or other obligations or securities,;

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  1  intangibles as defined by the intangible tax law of the state;

  2  or pari-mutuel tickets sold or issued under the racing laws of

  3  the state.

  4         Section 9.  Subsections (3), (6), and (11) of section

  5  213.015, Florida Statutes, are amended to read:

  6         213.015  Taxpayer rights.--There is created a Florida

  7  Taxpayer's Bill of Rights to guarantee that the rights,

  8  privacy, and property of Florida taxpayers are adequately

  9  safeguarded and protected during tax assessment, collection,

10  and enforcement processes administered under the revenue laws

11  of this state.  The Taxpayer's Bill of Rights compiles, in one

12  document, brief but comprehensive statements which explain, in

13  simple, nontechnical terms, the rights and obligations of the

14  Department of Revenue and taxpayers.  The rights afforded

15  taxpayers to assure that their privacy and property are

16  safeguarded and protected during tax assessment and collection

17  are available only insofar as they are implemented in other

18  parts of the Florida Statutes or rules of the Department of

19  Revenue. The rights so guaranteed Florida taxpayers in the

20  Florida Statutes and the departmental rules are:

21         (3)  The right to be represented or advised by counsel

22  or other qualified representatives at any time in

23  administrative interactions with the department, the right to

24  procedural safeguards with respect to recording of interviews

25  during tax determination or collection processes conducted by

26  the department, the right to be treated in a professional

27  manner by department personnel, and the right to have audits,

28  inspections of records, and interviews conducted at a

29  reasonable time and place except in criminal and internal

30  investigations (see ss. 198.06, 199.218, 201.11(1), 203.02,

31  206.14, 211.125(3), 211.33(3), 212.0305(3), 212.12(5)(a),

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  1  (6)(a), and (13), 212.13(5), 213.05, 213.21(1)(a) and (c), and

  2  213.34).

  3         (6)  The right to be informed of impending collection

  4  actions which require sale or seizure of property or freezing

  5  of assets, except jeopardy assessments, and the right to at

  6  least 30 days' notice in which to pay the liability or seek

  7  further review (see ss. 198.20, 199.262, 201.16, 206.075,

  8  206.24, 211.125(5), 212.03(5), 212.0305(3)(j), 212.04(7),

  9  212.14(1), 213.73(3), 213.731, and 220.739).

10         (11)  The right to procedures for requesting

11  cancellation, release, or modification of liens filed by the

12  department and for requesting that any lien which is filed in

13  error be so noted on the lien cancellation filed by the

14  department, in public notice, and in notice to any credit

15  agency at the taxpayer's request (see ss. 198.22, 199.262,

16  212.15(4), 213.733, and 220.819).

17         Section 10.  If section 34 of chapter 2000-260, Laws of

18  Florida, is repealed by section 58 of said chapter, section

19  213.05, Florida Statutes, is amended to read:

20         213.05  Department of Revenue; control and

21  administration of revenue laws.--The Department of Revenue

22  shall have only those responsibilities for ad valorem taxation

23  specified to the department in chapter 192, taxation, general

24  provisions; chapter 193, assessments; chapter 194,

25  administrative and judicial review of property taxes; chapter

26  195, property assessment administration and finance; chapter

27  196, exemption; chapter 197, tax collections, sales, and

28  liens; chapter 199, intangible personal property taxes; and

29  chapter 200, determination of millage. The Department of

30  Revenue shall have the responsibility of regulating,

31  controlling, and administering all revenue laws and performing

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  1  all duties as provided in s. 125.0104, the Local Option

  2  Tourist Development Act; s. 125.0108, tourist impact tax;

  3  chapter 198, estate taxes; chapter 201, excise tax on

  4  documents; chapter 203, gross receipts taxes; chapter 206,

  5  motor and other fuel taxes; chapter 211, tax on production of

  6  oil and gas and severance of solid minerals; chapter 212, tax

  7  on sales, use, and other transactions; chapter 220, income tax

  8  code; chapter 221, emergency excise tax; ss. 336.021 and

  9  336.025, taxes on motor fuel and special fuel; s. 370.07(3),

10  Apalachicola Bay oyster surcharge; s. 376.11, pollutant spill

11  prevention and control; s. 403.718, waste tire fees; s.

12  403.7185, lead-acid battery fees; s. 538.09, registration of

13  secondhand dealers; s. 538.25, registration of secondary

14  metals recyclers; s. 624.4621, group self-insurer's fund

15  premium tax; s. 624.5091, retaliatory tax; s. 624.475,

16  commercial self-insurance fund premium tax; ss.

17  624.509-624.511, insurance code: administration and general

18  provisions; s. 624.515, State Fire Marshal regulatory

19  assessment; s. 627.357, medical malpractice self-insurance

20  premium tax; s. 629.5011, reciprocal insurers premium tax; and

21  s. 681.117, motor vehicle warranty enforcement.

22         Section 11.  If section 34 of chapter 2000-260, Laws of

23  Florida, is not repealed by section 58 of said chapter,

24  section 213.05, Florida Statutes, is amended to read:

25         213.05  Department of Revenue; control and

26  administration of revenue laws.--The Department of Revenue

27  shall have only those responsibilities for ad valorem taxation

28  specified to the department in chapter 192, taxation, general

29  provisions; chapter 193, assessments; chapter 194,

30  administrative and judicial review of property taxes; chapter

31  195, property assessment administration and finance; chapter

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  1  196, exemption; chapter 197, tax collections, sales, and

  2  liens; chapter 199, intangible personal property taxes; and

  3  chapter 200, determination of millage. The Department of

  4  Revenue shall have the responsibility of regulating,

  5  controlling, and administering all revenue laws and performing

  6  all duties as provided in s. 125.0104, the Local Option

  7  Tourist Development Act; s. 125.0108, tourist impact tax;

  8  chapter 198, estate taxes; chapter 201, excise tax on

  9  documents; chapter 202, communications services tax; chapter

10  203, gross receipts taxes; chapter 206, motor and other fuel

11  taxes; chapter 211, tax on production of oil and gas and

12  severance of solid minerals; chapter 212, tax on sales, use,

13  and other transactions; chapter 220, income tax code; chapter

14  221, emergency excise tax; ss. 336.021 and 336.025, taxes on

15  motor fuel and special fuel; s. 370.07(3), Apalachicola Bay

16  oyster surcharge; s. 376.11, pollutant spill prevention and

17  control; s. 403.718, waste tire fees; s. 403.7185, lead-acid

18  battery fees; s. 538.09, registration of secondhand dealers;

19  s. 538.25, registration of secondary metals recyclers; s.

20  624.4621, group self-insurer's fund premium tax; s. 624.5091,

21  retaliatory tax; s. 624.475, commercial self-insurance fund

22  premium tax; ss. 624.509-624.511, insurance code:

23  administration and general provisions; s. 624.515, State Fire

24  Marshal regulatory assessment; s. 627.357, medical malpractice

25  self-insurance premium tax; s. 629.5011, reciprocal insurers

26  premium tax; and s. 681.117, motor vehicle warranty

27  enforcement.

28         Section 12.  Subsections (1) and (4), paragraphs (k)

29  and (p) of subsection (7), and paragraph (a) of subsection

30  (14) of section 213.053, Florida Statutes, are amended to

31  read:

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  1         213.053  Confidentiality and information sharing.--

  2         (1)  The provisions of this section apply to s.

  3  125.0104, county government; s. 125.0108, tourist impact tax;

  4  chapter 175, municipal firefighters' pension trust funds;

  5  chapter 185, municipal police officers' retirement trust

  6  funds; chapter 198, estate taxes; chapter 199, intangible

  7  personal property taxes; chapter 201, excise tax on documents;

  8  chapter 203, gross receipts taxes; chapter 211, tax on

  9  severance and production of minerals; chapter 212, tax on

10  sales, use, and other transactions; chapter 220, income tax

11  code; chapter 221, emergency excise tax; s. 252.372, emergency

12  management, preparedness, and assistance surcharge; s.

13  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

14  pollutant spill prevention and control; s. 403.718, waste tire

15  fees; s. 403.7185, lead-acid battery fees; s. 538.09,

16  registration of secondhand dealers; s. 538.25, registration of

17  secondary metals recyclers; ss. 624.501 and 624.509-624.515,

18  insurance code; s. 681.117, motor vehicle warranty

19  enforcement; and s. 896.102, reports of financial transactions

20  in trade or business.

21         (4)  Nothing contained in this section shall prevent

22  the department from publishing statistics so classified as to

23  prevent the identification of particular accounts, reports,

24  declarations, or returns or prevent the department from

25  disclosing to the Comptroller the names and addresses of those

26  taxpayers who have claimed an exemption pursuant to s.

27  199.185(1)(i) or a deduction pursuant to s. 220.63(5).

28         (7)  Notwithstanding any other provision of this

29  section, the department may provide:

30         (k)  Payment information relative to chapters 199, 201,

31  212, 220, and 221 to the Office of Tourism, Trade, and

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  1  Economic Development in its administration of the tax refund

  2  program for qualified defense contractors authorized by s.

  3  288.1045 and the tax refund program for qualified target

  4  industry businesses authorized by s. 288.106.

  5         (p)  Information relative to ss. 199.1055, 220.1845,

  6  and 376.30781 to the Department of Environmental Protection in

  7  the conduct of its official business.

  8

  9  Disclosure of information under this subsection shall be

10  pursuant to a written agreement between the executive director

11  and the agency.  Such agencies, governmental or

12  nongovernmental, shall be bound by the same requirements of

13  confidentiality as the Department of Revenue.  Breach of

14  confidentiality is a misdemeanor of the first degree,

15  punishable as provided by s. 775.082 or s. 775.083.

16         (14)(a)  Notwithstanding any other provision of this

17  section, the department shall, subject to the safeguards

18  specified in paragraph (c), disclose to the Division of

19  Corporations of the Department of State the name, address,

20  federal employer identification number, and duration of tax

21  filings with this state of all corporate or partnership

22  entities which are not on file or have a dissolved status with

23  the Division of Corporations and which have filed tax returns

24  pursuant to either chapter 199 or chapter 220.

25         Section 13.  Section 213.054, Florida Statutes, is

26  amended to read:

27         213.054  Persons claiming tax exemptions or deductions;

28  annual report.--The Department of Revenue shall be responsible

29  for monitoring the utilization of tax exemptions and tax

30  deductions authorized pursuant to chapter 81-179, Laws of

31  Florida.  On or before September 1 of each year, the

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  1  department shall report to the Comptroller the names and

  2  addresses of all persons who have claimed an exemption

  3  pursuant to s. 199.185(1)(i) or a deduction pursuant to s.

  4  220.63(5).

  5         Section 14.  Section 213.27, Florida Statutes, is

  6  amended to read:

  7         213.27  Contracts with debt collection agencies and

  8  certain vendors.--

  9         (1)  The Department of Revenue may, for the purpose of

10  collecting any delinquent taxes due from a taxpayer, including

11  taxes for which a bill or notice has been generated, contract

12  with any debt collection agency or attorney doing business

13  within or without this state for the collection of such

14  delinquent taxes including penalties and interest thereon. The

15  department may also share confidential information pursuant to

16  the contract necessary for the collection of delinquent taxes

17  and taxes for which a billing or notice has been generated.

18  Contracts will be made pursuant to chapter 287.  The taxpayer

19  must be notified by mail by the department, its employees, or

20  its authorized representative 30 days prior to commencing any

21  litigation to recover any delinquent taxes.  The taxpayer must

22  be notified by mail by the department 30 days prior to the

23  department assigning the collection of any taxes to the debt

24  collection agency.

25         (2)  The department may enter into contracts with any

26  individual or business for the purpose of identifying

27  intangible personal property tax liability.  Contracts may

28  provide for the identification of assets subject to the tax on

29  intangible personal property, the determination of value of

30  such property, the requirement for filing a tax return and the

31  collection of taxes due, including applicable penalties and

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  1  interest thereon. The department may share confidential

  2  information pursuant to the contract necessary for the

  3  identification of taxable intangible personal property.

  4  Contracts shall be made pursuant to chapter 287.  The taxpayer

  5  must be notified by mail by the department 30 days prior to

  6  the department assigning identification of intangible personal

  7  property to an individual or business.

  8         (2)(3)  Any contract may provide, in the discretion of

  9  the executive director of the Department of Revenue, the

10  manner in which the compensation for such services will be

11  paid.  Under standards established by the department, such

12  compensation shall be added to the amount of the tax and

13  collected as a part thereof by the agency or deducted from the

14  amount of tax, penalty, and interest actually collected.

15         (3)(4)  All funds collected under the terms of the

16  contract, less the fees provided in the contract, shall be

17  remitted to the department within 30 days from the date of

18  collection from a taxpayer.  Forms to be used for such purpose

19  shall be prescribed by the department.

20         (4)(5)  The department shall require a bond from the

21  debt collection agency or the individual or business

22  contracted with under subsection (2) not in excess of $100,000

23  guaranteeing compliance with the terms of the contract.

24  However, a bond of $10,000 is required from a debt collection

25  agency if the agency does not actually collect and remit

26  delinquent funds to the department.

27         (5)(6)  The department may, for the purpose of

28  ascertaining the amount of or collecting any taxes due from a

29  person doing mail order business in this state, contract with

30  any auditing agency doing business within or without this

31  state for the purpose of conducting an audit of such mail

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  1  order business; however, such audit agency may not conduct an

  2  audit on behalf of the department of any person domiciled in

  3  this state, person registered for sales and use tax purposes

  4  in this state, or corporation filing a Florida corporate tax

  5  return, if any such person or corporation objects to such

  6  audit in writing to the department and the auditing agency.

  7  The department shall notify the taxpayer by mail at least 30

  8  days before the department assigns the collection of such

  9  taxes.

10         (6)(7)  Confidential information shared by the

11  department with debt collection or auditing agencies or

12  individuals or businesses with which the department has

13  contracted under subsection (2) is exempt from the provisions

14  of s. 119.07(1), and debt collection or auditing agencies and

15  individuals or businesses with which the department has

16  contracted under subsection (2) shall be bound by the same

17  requirements of confidentiality as the Department of Revenue.

18  Breach of confidentiality is a misdemeanor of the first

19  degree, punishable as provided by ss. 775.082 and 775.083.

20         (7)(8)(a)  The executive director of the department may

21  enter into contracts with private vendors to develop and

22  implement systems to enhance tax collections where

23  compensation to the vendors is funded through increased tax

24  collections.  The amount of compensation paid to a vendor

25  shall be based on a percentage of increased tax collections

26  attributable to the system after all administrative and

27  judicial appeals are exhausted, and the total amount of

28  compensation paid to a vendor shall not exceed the maximum

29  amount stated in the contract.

30         (b)  A person acting on behalf of the department under

31  a contract authorized by this subsection does not exercise any

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  1  of the powers of the department, except that the person is an

  2  agent of the department for the purposes of developing and

  3  implementing a system to enhance tax collection.

  4         (c)  Disclosure of information under this subsection

  5  shall be pursuant to a written agreement between the executive

  6  director and the private vendors. The vendors shall be bound

  7  by the same requirements of confidentiality as the department.

  8  Breach of confidentiality is a misdemeanor of the first

  9  degree, punishable as provided in s. 775.082 or s. 775.083.

10         (8)(9)(a)  The department may enter into contracts with

11  public or private vendors to develop and implement a voluntary

12  system for sales and use tax collection and administration.

13  The amount of compensation paid to vendors shall be

14  established by the executive director of the department and

15  shall be based upon a percentage of the sales and use tax

16  collections made through the system or on a per transaction

17  basis; however, if the amount of compensation is based upon a

18  percentage of the sales and use tax collections made through

19  the system, the percentage shall not exceed the negotiated

20  percentage provided in s. 212.12(1). The department shall

21  provide quarterly reports to the Speaker of the House of

22  Representatives, Minority Leader of the House of

23  Representatives, President of the Senate, and Minority Leader

24  of the Senate on the amount of compensation paid pursuant to

25  these contracts. The system shall have the capability to

26  determine the taxability of a transaction, the appropriate tax

27  rate to be applied to a taxable transaction, and the total tax

28  due on a transaction, and shall provide a method for remitting

29  the tax to the department. The department shall be responsible

30  for testing and certifying the accuracy of the system.

31

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  1         (b)  A seller of goods or services subject to sales and

  2  use tax who utilizes the system for purposes of computation

  3  and remittance of sales and use tax shall not be subject to

  4  the reporting and remittance requirements of ss. 212.11 and

  5  212.15(1) for those transactions handled through the system

  6  and shall not be entitled to the credit provided in s.

  7  212.12(1). A seller of goods or services subject to sales and

  8  use tax who utilizes the system for purposes of computation

  9  and remittance of sales and use tax shall not be subject to

10  audit for those transactions handled through the system,

11  unless there are indicia that fraud has been committed by the

12  seller.

13         (c)  Disclosure of information necessary under this

14  subsection shall be pursuant to a written agreement between

15  the executive director of the department and the vendor. The

16  vendor shall be bound by the same requirements of

17  confidentiality as the department. Breach of confidentiality

18  is a misdemeanor of the first degree, punishable as provided

19  in s. 775.082 or s. 775.083.

20         (d)  On or before January 1 annually, the department

21  shall provide recommendations to the Speaker of the House of

22  Representatives, Minority Leader of the House of

23  Representatives, President of the Senate, and Minority Leader

24  of the Senate for provisions to be adopted for inclusion

25  within the system that will make sales and use tax collection

26  and administration simplified and uniform.

27         Section 15.  Section 213.31, Florida Statutes, is

28  amended to read:

29         213.31  Corporation Tax Administration Trust

30  Fund.--There is hereby created in the State Treasury the

31  Corporation Tax Administration Trust Fund.  Moneys in the fund

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  1  are hereby appropriated to the Department of Revenue for the

  2  administration of taxes levied upon corporations, including,

  3  but not limited to, those imposed under chapter 199, chapter

  4  220, or chapter 221.

  5         Section 16.  Paragraph (c) of subsection (6) of section

  6  215.555, Florida Statutes, is amended to read:

  7         215.555  Florida Hurricane Catastrophe Fund.--

  8         (6)  REVENUE BONDS.--

  9         (c)  Florida Hurricane Catastrophe Fund Finance

10  Corporation.--

11         1.  In addition to the findings and declarations in

12  subsection (1), the Legislature also finds and declares that:

13         a.  The public benefits corporation created under this

14  paragraph will provide a mechanism necessary for the

15  cost-effective and efficient issuance of bonds. This mechanism

16  will eliminate unnecessary costs in the bond issuance process,

17  thereby increasing the amounts available to pay reimbursement

18  for losses to property sustained as a result of hurricane

19  damage.

20         b.  The purpose of such bonds is to fund reimbursements

21  through the Florida Hurricane Catastrophe Fund to pay for the

22  costs of construction, reconstruction, repair, restoration,

23  and other costs associated with damage to properties of

24  policyholders of covered policies due to the occurrence of a

25  hurricane.

26         c.  The efficacy of the financing mechanism will be

27  enhanced by the corporation's ownership of the assessments, by

28  the insulation of the assessments from possible bankruptcy

29  proceedings, and by covenants of the state with the

30  corporation's bondholders.

31

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  1         2.a.  There is created a public benefits corporation,

  2  which is an instrumentality of the state, to be known as the

  3  Florida Hurricane Catastrophe Fund Finance Corporation.

  4         b.  The corporation shall operate under a five-member

  5  board of directors consisting of the Governor or a designee,

  6  the Comptroller or a designee, the Treasurer or a designee,

  7  the director of the Division of Bond Finance of the State

  8  Board of Administration, and the chief operating officer of

  9  the Florida Hurricane Catastrophe Fund.

10         c.  The corporation has all of the powers of

11  corporations under chapter 607 and under chapter 617, subject

12  only to the provisions of this subsection.

13         d.  The corporation may issue bonds and engage in such

14  other financial transactions as are necessary to provide

15  sufficient funds to achieve the purposes of this section.

16         e.  The corporation may invest in any of the

17  investments authorized under s. 215.47.

18         f.  There shall be no liability on the part of, and no

19  cause of action shall arise against, any board members or

20  employees of the corporation for any actions taken by them in

21  the performance of their duties under this paragraph.

22         3.a.  In actions under chapter 75 to validate any bonds

23  issued by the corporation, the notice required by s. 75.06

24  shall be published only in Leon County and in two newspapers

25  of general circulation in the state, and the complaint and

26  order of the court shall be served only on the State Attorney

27  of the Second Judicial Circuit.

28         b.  The state hereby covenants with holders of bonds of

29  the corporation that the state will not repeal or abrogate the

30  power of the board to direct the Department of Insurance to

31  levy the assessments and to collect the proceeds of the

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  1  revenues pledged to the payment of such bonds as long as any

  2  such bonds remain outstanding unless adequate provision has

  3  been made for the payment of such bonds pursuant to the

  4  documents authorizing the issuance of such bonds.

  5         4.  The bonds of the corporation are not a debt of the

  6  state or of any political subdivision, and neither the state

  7  nor any political subdivision is liable on such bonds. The

  8  corporation does not have the power to pledge the credit, the

  9  revenues, or the taxing power of the state or of any political

10  subdivision. The credit, revenues, or taxing power of the

11  state or of any political subdivision shall not be deemed to

12  be pledged to the payment of any bonds of the corporation.

13         5.a.  The property, revenues, and other assets of the

14  corporation; the transactions and operations of the

15  corporation and the income from such transactions and

16  operations; and all bonds issued under this paragraph and

17  interest on such bonds are exempt from taxation by the state

18  and any political subdivision, including the intangibles tax

19  under chapter 199 and the income tax under chapter 220. This

20  exemption does not apply to any tax imposed by chapter 220 on

21  interest, income, or profits on debt obligations owned by

22  corporations other than the Florida Hurricane Catastrophe Fund

23  Finance Corporation.

24         b.  All bonds of the corporation shall be and

25  constitute legal investments without limitation for all public

26  bodies of this state; for all banks, trust companies, savings

27  banks, savings associations, savings and loan associations,

28  and investment companies; for all administrators, executors,

29  trustees, and other fiduciaries; for all insurance companies

30  and associations and other persons carrying on an insurance

31  business; and for all other persons who are now or may

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  1  hereafter be authorized to invest in bonds or other

  2  obligations of the state and shall be and constitute eligible

  3  securities to be deposited as collateral for the security of

  4  any state, county, municipal, or other public funds. This

  5  sub-subparagraph shall be considered as additional and

  6  supplemental authority and shall not be limited without

  7  specific reference to this sub-subparagraph.

  8         6.  The corporation and its corporate existence shall

  9  continue until terminated by law; however, no such law shall

10  take effect as long as the corporation has bonds outstanding

11  unless adequate provision has been made for the payment of

12  such bonds pursuant to the documents authorizing the issuance

13  of such bonds. Upon termination of the existence of the

14  corporation, all of its rights and properties in excess of its

15  obligations shall pass to and be vested in the state.

16         Section 17.  Section 220.1845, Florida Statutes, is

17  amended to read:

18         220.1845  Contaminated site rehabilitation tax

19  credit.--

20         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

21         (a)  A credit in the amount of 35 percent of the costs

22  of voluntary cleanup activity that is integral to site

23  rehabilitation at the following sites is allowed against any

24  tax due for a taxable year under this chapter:

25         1.  A drycleaning-solvent-contaminated site eligible

26  for state-funded site rehabilitation under s. 376.3078(3);

27         2.  A drycleaning-solvent-contaminated site at which

28  cleanup is undertaken by the real property owner pursuant to

29  s. 376.3078(11), if the real property owner is not also, and

30  has never been, the owner or operator of the drycleaning

31  facility where the contamination exists; or

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  1         3.  A brownfield site in a designated brownfield area

  2  under s. 376.80.

  3         (b)  A taxpayer, or multiple taxpayers working jointly

  4  to clean up a single site, may not receive more than $250,000

  5  per year in tax credits for each site voluntarily

  6  rehabilitated. Multiple taxpayers shall receive tax credits in

  7  the same proportion as their contribution to payment of

  8  cleanup costs. Subject to the same conditions and limitations

  9  as provided in this section, a municipality or county which

10  voluntarily rehabilitates a site may receive not more than

11  $250,000 per year in tax credits which it can subsequently

12  transfer subject to the provisions in paragraph (g)(h).

13         (c)  If the credit granted under this section is not

14  fully used in any one year because of insufficient tax

15  liability on the part of the corporation, the unused amount

16  may be carried forward for a period not to exceed 5 years. The

17  carryover credit may be used in a subsequent year when the tax

18  imposed by this chapter for that year exceeds the credit for

19  which the corporation is eligible in that year under this

20  section after applying the other credits and unused carryovers

21  in the order provided by s. 220.02(8).

22         (d)  A taxpayer that files a consolidated return in

23  this state as a member of an affiliated group under s.

24  220.131(1) may be allowed the credit on a consolidated return

25  basis up to the amount of tax imposed upon and paid by the

26  taxpayer that incurred the rehabilitation costs.

27         (e)  A taxpayer that receives credit under s. 199.1055

28  is ineligible to receive credit under this section in a given

29  tax year.

30         (e)(f)  A taxpayer that receives state-funded site

31  rehabilitation under s. 376.3078(3) for rehabilitation of a

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  1  drycleaning-solvent-contaminated site is ineligible to receive

  2  credit under this section for costs incurred by the taxpayer

  3  in conjunction with the rehabilitation of that site during the

  4  same time period that state-administered site rehabilitation

  5  was underway.

  6         (f)(g)  The total amount of the tax credits which may

  7  be granted under this section and s. 199.1055 is $2 million

  8  annually.

  9         (g)(h)1.  Tax credits that may be available under this

10  section to an entity eligible under s. 376.30781 may be

11  transferred after a merger or acquisition to the surviving or

12  acquiring entity and used in the same manner and with the same

13  limitations.

14         2.  The entity or its surviving or acquiring entity as

15  described in subparagraph 1., may transfer any unused credit

16  in whole or in units of no less than 25 percent of the

17  remaining credit.  The entity acquiring such credit may use it

18  in the same manner and with the same limitation as described

19  in this section. Such transferred credits may not be

20  transferred again although they may succeed to a surviving or

21  acquiring entity subject to the same conditions and

22  limitations as described in this section.

23         3.  In the event the credit provided for under this

24  section is reduced either as a result of a determination by

25  the Department of Environmental Protection or an examination

26  or audit by the Department of Revenue, such tax deficiency

27  shall be recovered from the first entity, or the surviving or

28  acquiring entity, to have claimed such credit up to the amount

29  of credit taken.  Any subsequent deficiencies shall be

30  assessed against any entity acquiring and claiming such

31

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  1  credit, or in the case of multiple succeeding entities in the

  2  order of credit succession.

  3         (h)(i)  In order to encourage completion of site

  4  rehabilitation at contaminated sites being voluntarily cleaned

  5  up and eligible for a tax credit under this section, the

  6  taxpayer may claim an additional 10 percent of the total

  7  cleanup costs, not to exceed $50,000, in the final year of

  8  cleanup as evidenced by the Department of Environmental

  9  Protection issuing a "No Further Action" order for that site.

10         (2)  FILING REQUIREMENTS.--Any corporation that wishes

11  to obtain credit under this section must submit with its

12  return a tax credit certificate approving partial tax credits

13  issued by the Department of Environmental Protection under s.

14  376.30781.

15         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

16  FORFEITURE.--

17         (a)  The Department of Revenue may adopt rules to

18  prescribe any necessary forms required to claim a tax credit

19  under this section and to provide the administrative

20  guidelines and procedures required to administer this section.

21         (b)  In addition to its existing audit and

22  investigation authority relating to chapter 199 and this

23  chapter, the Department of Revenue may perform any additional

24  financial and technical audits and investigations, including

25  examining the accounts, books, or records of the tax credit

26  applicant, which are necessary to verify the site

27  rehabilitation costs included in a tax credit return and to

28  ensure compliance with this section. The Department of

29  Environmental Protection shall provide technical assistance,

30  when requested by the Department of Revenue, on any technical

31  audits performed pursuant to this section.

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  1         (c)  It is grounds for forfeiture of previously claimed

  2  and received tax credits if the Department of Revenue

  3  determines, as a result of either an audit or information

  4  received from the Department of Environmental Protection, that

  5  a taxpayer received tax credits pursuant to this section to

  6  which the taxpayer was not entitled. In the case of fraud, the

  7  taxpayer shall be prohibited from claiming any future tax

  8  credits under this section or s. 199.1055.

  9         1.  The taxpayer is responsible for returning forfeited

10  tax credits to the Department of Revenue, and such funds shall

11  be paid into the General Revenue Fund of the state.

12         2.  The taxpayer shall file with the Department of

13  Revenue an amended tax return or such other report as the

14  Department of Revenue prescribes by rule and shall pay any

15  required tax within 60 days after the taxpayer receives

16  notification from the Department of Environmental Protection

17  pursuant to s. 376.30781 that previously approved tax credits

18  have been revoked or modified, if uncontested, or within 60

19  days after a final order is issued following proceedings

20  involving a contested revocation or modification order.

21         3.  A notice of deficiency may be issued by the

22  Department of Revenue at any time within 5 years after the

23  date the taxpayer receives notification from the Department of

24  Environmental Protection pursuant to s. 376.30781 that

25  previously approved tax credits have been revoked or modified.

26  If a taxpayer fails to notify the Department of Revenue of any

27  change in its tax credit claimed, a notice of deficiency may

28  be issued at any time. In either case, the amount of any

29  proposed assessment set forth in such notice of deficiency

30  shall be limited to the amount of any deficiency resulting

31

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  1  under this section from the recomputation of the taxpayer's

  2  tax for the taxable year.

  3         4.  Any taxpayer that fails to report and timely pay

  4  any tax due as a result of the forfeiture of its tax credit is

  5  in violation of this section and is subject to applicable

  6  penalty and interest.

  7         Section 18.  Paragraph (b) of subsection (2) of section

  8  288.039, Florida Statutes, is amended to read:

  9         288.039  Employing and Training our Youths (ENTRY).--

10         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

11         (b)  After entering into an employment/tax refund

12  agreement under subsection (3), an eligible business may

13  receive refunds for the following taxes or fees due and paid

14  by that business:

15         1.  Taxes on sales, use, and other transactions under

16  chapter 212.

17         2.  Corporate income taxes under chapter 220.

18         3.  Intangible personal property taxes under chapter

19  199.

20         3.4.  Emergency excise taxes under chapter 221.

21         4.5.  Excise taxes on documents under chapter 201.

22         5.6.  Ad valorem taxes paid, as defined in s.

23  220.03(1).

24         6.7.  Insurance premium taxes under s. 624.509.

25         7.8.  Occupational license fees under chapter 205.

26

27  However, an eligible business may not receive a refund under

28  this section for any amount of credit, refund, or exemption

29  granted to that business for any of such taxes or fees.  If a

30  refund for such taxes or fees is provided by the office, which

31  taxes or fees are subsequently adjusted by the application of

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  1  any credit, refund, or exemption granted to the eligible

  2  business other than as provided in this section, the business

  3  shall reimburse the office for the amount of that credit,

  4  refund, or exemption.  An eligible business shall notify and

  5  tender payment to the office within 20 days after receiving

  6  any credit, refund, or exemption other than the one provided

  7  in this section.

  8         Section 19.  Paragraph (f) of subsection (2) and

  9  paragraphs (b), (c), and (d) of subsection (3) of section

10  288.1045, Florida Statutes, are amended to read:

11         288.1045  Qualified defense contractor tax refund

12  program.--

13         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

14         (f)  After entering into a tax refund agreement

15  pursuant to subsection (4), a qualified applicant may receive

16  refunds from the Economic Development Trust Fund for the

17  following taxes due and paid by the qualified applicant

18  beginning with the applicant's first taxable year that begins

19  after entering into the agreement:

20         1.  Taxes on sales, use, and other transactions paid

21  pursuant to chapter 212.

22         2.  Corporate income taxes paid pursuant to chapter

23  220.

24         3.  Intangible personal property taxes paid pursuant to

25  chapter 199.

26         3.4.  Emergency excise taxes paid pursuant to chapter

27  221.

28         4.5.  Excise taxes paid on documents pursuant to

29  chapter 201.

30         5.6.  Ad valorem taxes paid, as defined in s.

31  220.03(1)(a) on June 1, 1996.

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  1

  2  However, a qualified applicant may not receive a tax refund

  3  pursuant to this section for any amount of credit, refund, or

  4  exemption granted such contractor for any of such taxes. If a

  5  refund for such taxes is provided by the office, which taxes

  6  are subsequently adjusted by the application of any credit,

  7  refund, or exemption granted to the qualified applicant other

  8  than that provided in this section, the qualified applicant

  9  shall reimburse the Economic Development Trust Fund for the

10  amount of such credit, refund, or exemption. A qualified

11  applicant must notify and tender payment to the office within

12  20 days after receiving a credit, refund, or exemption, other

13  than that provided in this section.

14         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

15  DETERMINATION.--

16         (b)  Applications for certification based on the

17  consolidation of a Department of Defense contract or a new

18  Department of Defense contract must be submitted to the office

19  as prescribed by the office and must include, but are not

20  limited to, the following information:

21         1.  The applicant's federal employer identification

22  number, the applicant's Florida sales tax registration number,

23  and a notarized signature of an officer of the applicant.

24         2.  The permanent location of the manufacturing,

25  assembling, fabricating, research, development, or design

26  facility in this state at which the project is or is to be

27  located.

28         3.  The Department of Defense contract numbers of the

29  contract to be consolidated, the new Department of Defense

30  contract number, or the "RFP" number of a proposed Department

31  of Defense contract.

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  1         4.  The date the contract was executed or is expected

  2  to be executed, and the date the contract is due to expire or

  3  is expected to expire.

  4         5.  The commencement date for project operations under

  5  the contract in this state.

  6         6.  The number of full-time equivalent jobs in this

  7  state which are or will be dedicated to the project during the

  8  year and the average wage of such jobs.

  9         7.  The total number of full-time equivalent employees

10  employed by the applicant in this state.

11         8.  The percentage of the applicant's gross receipts

12  derived from Department of Defense contracts during the 5

13  taxable years immediately preceding the date the application

14  is submitted.

15         9.  The amount of:

16         a.  Taxes on sales, use, and other transactions paid

17  pursuant to chapter 212;

18         b.  Corporate income taxes paid pursuant to chapter

19  220;

20         c.  Intangible personal property taxes paid pursuant to

21  chapter 199;

22         c.d.  Emergency excise taxes paid pursuant to chapter

23  221;

24         d.e.  Excise taxes paid on documents pursuant to

25  chapter 201; and

26         e.f.  Ad valorem taxes paid

27

28  during the 5 fiscal years immediately preceding the date of

29  the application, and the projected amounts of such taxes to be

30  due in the 3 fiscal years immediately following the date of

31  the application.

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  1         10.  The estimated amount of tax refunds to be claimed

  2  in each fiscal year.

  3         11.  A brief statement concerning the applicant's need

  4  for tax refunds, and the proposed uses of such refunds by the

  5  applicant.

  6         12.  A resolution adopted by the county commissioners

  7  of the county in which the project will be located, which

  8  recommends the applicant be approved as a qualified applicant,

  9  and which indicates that the necessary commitments of local

10  financial support for the applicant exist. Prior to the

11  adoption of the resolution, the county commission may review

12  the proposed public or private sources of such support and

13  determine whether the proposed sources of local financial

14  support can be provided or, for any applicant whose project is

15  located in a county designated by the Rural Economic

16  Development Initiative, a resolution adopted by the county

17  commissioners of such county requesting that the applicant's

18  project be exempt from the local financial support

19  requirement.

20         13.  Any additional information requested by the

21  office.

22         (c)  Applications for certification based on the

23  conversion of defense production jobs to nondefense production

24  jobs must be submitted to the office as prescribed by the

25  office and must include, but are not limited to, the following

26  information:

27         1.  The applicant's federal employer identification

28  number, the applicant's Florida sales tax registration number,

29  and a notarized signature of an officer of the applicant.

30         2.  The permanent location of the manufacturing,

31  assembling, fabricating, research, development, or design

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  1  facility in this state at which the project is or is to be

  2  located.

  3         3.  The Department of Defense contract numbers of the

  4  contract under which the defense production jobs will be

  5  converted to nondefense production jobs.

  6         4.  The date the contract was executed, and the date

  7  the contract is due to expire or is expected to expire, or was

  8  canceled.

  9         5.  The commencement date for the nondefense production

10  operations in this state.

11         6.  The number of full-time equivalent jobs in this

12  state which are or will be dedicated to the nondefense

13  production project during the year and the average wage of

14  such jobs.

15         7.  The total number of full-time equivalent employees

16  employed by the applicant in this state.

17         8.  The percentage of the applicant's gross receipts

18  derived from Department of Defense contracts during the 5

19  taxable years immediately preceding the date the application

20  is submitted.

21         9.  The amount of:

22         a.  Taxes on sales, use, and other transactions paid

23  pursuant to chapter 212;

24         b.  Corporate income taxes paid pursuant to chapter

25  220;

26         c.  Intangible personal property taxes paid pursuant to

27  chapter 199;

28         c.d.  Emergency excise taxes paid pursuant to chapter

29  221;

30         d.e.  Excise taxes paid on documents pursuant to

31  chapter 201; and

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  1         e.f.  Ad valorem taxes paid

  2

  3  during the 5 fiscal years immediately preceding the date of

  4  the application, and the projected amounts of such taxes to be

  5  due in the 3 fiscal years immediately following the date of

  6  the application.

  7         10.  The estimated amount of tax refunds to be claimed

  8  in each fiscal year.

  9         11.  A brief statement concerning the applicant's need

10  for tax refunds, and the proposed uses of such refunds by the

11  applicant.

12         12.  A resolution adopted by the county commissioners

13  of the county in which the project will be located, which

14  recommends the applicant be approved as a qualified applicant,

15  and which indicates that the necessary commitments of local

16  financial support for the applicant exist. Prior to the

17  adoption of the resolution, the county commission may review

18  the proposed public or private sources of such support and

19  determine whether the proposed sources of local financial

20  support can be provided or, for any applicant whose project is

21  located in a county designated by the Rural Economic

22  Development Initiative, a resolution adopted by the county

23  commissioners of such county requesting that the applicant's

24  project be exempt from the local financial support

25  requirement.

26         13.  Any additional information requested by the

27  office.

28         (d)  Applications for certification based on a contract

29  for reuse of a defense-related facility must be submitted to

30  the office as prescribed by the office and must include, but

31  are not limited to, the following information:

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  1         1.  The applicant's Florida sales tax registration

  2  number and a notarized signature of an officer of the

  3  applicant.

  4         2.  The permanent location of the manufacturing,

  5  assembling, fabricating, research, development, or design

  6  facility in this state at which the project is or is to be

  7  located.

  8         3.  The business entity holding a valid Department of

  9  Defense contract or branch of the Armed Forces of the United

10  States that previously occupied the facility, and the date

11  such entity last occupied the facility.

12         4.  A copy of the contract to reuse the facility, or

13  such alternative proof as may be prescribed by the office that

14  the applicant is seeking to contract for the reuse of such

15  facility.

16         5.  The date the contract to reuse the facility was

17  executed or is expected to be executed, and the date the

18  contract is due to expire or is expected to expire.

19         6.  The commencement date for project operations under

20  the contract in this state.

21         7.  The number of full-time equivalent jobs in this

22  state which are or will be dedicated to the project during the

23  year and the average wage of such jobs.

24         8.  The total number of full-time equivalent employees

25  employed by the applicant in this state.

26         9.  The amount of:

27         a.  Taxes on sales, use, and other transactions paid

28  pursuant to chapter 212.

29         b.  Corporate income taxes paid pursuant to chapter

30  220.

31

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  1         c.  Intangible personal property taxes paid pursuant to

  2  chapter 199.

  3         c.d.  Emergency excise taxes paid pursuant to chapter

  4  221.

  5         d.e.  Excise taxes paid on documents pursuant to

  6  chapter 201.

  7         e.f.  Ad valorem taxes paid during the 5 fiscal years

  8  immediately preceding the date of the application, and the

  9  projected amounts of such taxes to be due in the 3 fiscal

10  years immediately following the date of the application.

11         10.  The estimated amount of tax refunds to be claimed

12  in each fiscal year.

13         11.  A brief statement concerning the applicant's need

14  for tax refunds, and the proposed uses of such refunds by the

15  applicant.

16         12.  A resolution adopted by the county commissioners

17  of the county in which the project will be located, which

18  recommends the applicant be approved as a qualified applicant,

19  and which indicates that the necessary commitments of local

20  financial support for the applicant exist. Prior to the

21  adoption of the resolution, the county commission may review

22  the proposed public or private sources of such support and

23  determine whether the proposed sources of local financial

24  support can be provided or, for any applicant whose project is

25  located in a county designated by the Rural Economic

26  Development Initiative, a resolution adopted by the county

27  commissioners of such county requesting that the applicant's

28  project be exempt from the local financial support

29  requirement.

30         13.  Any additional information requested by the

31  office.

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  1         Section 20.  Paragraph (c) of subsection (2) of section

  2  288.106, Florida Statutes, is amended to read:

  3         288.106  Tax refund program for qualified target

  4  industry businesses.--

  5         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

  6         (c)  After entering into a tax refund agreement under

  7  subsection (4), a qualified target industry business may:

  8         1.  Receive refunds from the account for the following

  9  taxes due and paid by that business beginning with the first

10  taxable year of the business which begins after entering into

11  the agreement:

12         a.  Corporate income taxes under chapter 220.

13         b.  Insurance premium tax under s. 624.509.

14         2.  Receive refunds from the account for the following

15  taxes due and paid by that business after entering into the

16  agreement:

17         a.  Taxes on sales, use, and other transactions under

18  chapter 212.

19         b.  Intangible personal property taxes under chapter

20  199.

21         b.c.  Emergency excise taxes under chapter 221.

22         c.d.  Excise taxes on documents under chapter 201.

23         d.e.  Ad valorem taxes paid, as defined in s.

24  220.03(1).

25         Section 21.  Paragraph (c) of subsection (1) and

26  paragraph (d) of subsection (2) of section 288.1066, Florida

27  Statutes, are amended to read:

28         288.1066  Confidentiality of records.--

29         (1)  The following information when received by the

30  Department of Commerce; the Office of Tourism, Trade, and

31  Economic Development; Enterprise Florida, Inc.; or county or

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  1  municipal governmental entities and their employees pursuant

  2  to the qualified defense contractor tax refund program as

  3  required by s. 288.1045 is confidential and exempt from the

  4  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  5  Constitution for a period not to exceed the duration of the

  6  tax refund agreement or 10 years, whichever is earlier:

  7         (c)  The amount of:

  8         1.  Taxes on sales, use, and other transactions paid

  9  pursuant to chapter 212;

10         2.  Corporate income taxes paid pursuant to chapter

11  220;

12         3.  Intangible personal property taxes paid pursuant to

13  chapter 199;

14         3.4.  Emergency excise taxes paid pursuant to chapter

15  221; and

16         4.5.  Ad valorem taxes paid

17

18  during the 5 fiscal years immediately preceding the date of

19  the application, and the projected amounts of such taxes to be

20  due in the 3 fiscal years immediately following the date of

21  the application.

22         (2)  The following information when received by the

23  Department of Commerce; the Office of Tourism, Trade, and

24  Economic Development; Enterprise Florida, Inc.; or county or

25  municipal governmental entities and their employees pursuant

26  to the qualified target industry tax refund program as

27  required by s. 288.106 is confidential and exempt from the

28  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

29  Constitution for a period not to exceed the duration of the

30  tax refund agreement or 10 years, whichever is earlier:

31         (d)  The amount of:

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  1         1.  Taxes on sales, use, and other transactions paid

  2  pursuant to chapter 212;

  3         2.  Corporate income taxes paid pursuant to chapter

  4  220;

  5         3.  Intangible personal property taxes paid pursuant to

  6  chapter 199;

  7         3.4.  Emergency excise taxes paid pursuant to chapter

  8  221; and

  9         4.5.  Ad valorem taxes paid

10

11  during the 5 fiscal years immediately preceding the date of

12  the application, and the projected amounts of such taxes to be

13  due in the 3 fiscal years immediately following the date of

14  the application.

15         Section 22.  Paragraph (a) of subsection (2) and

16  subsections (3) and (12) of section 376.30781, Florida

17  Statutes, are amended to read:

18         376.30781  Partial tax credits for rehabilitation of

19  drycleaning-solvent-contaminated sites and brownfield sites in

20  designated brownfield areas; application process; rulemaking

21  authority; revocation authority.--

22         (2)(a)  A credit in the amount of 35 percent of the

23  costs of voluntary cleanup activity that is integral to site

24  rehabilitation at the following sites is allowed pursuant to

25  s. ss. 199.1055 and 220.1845:

26         1.  A drycleaning-solvent-contaminated site eligible

27  for state-funded site rehabilitation under s. 376.3078(3);

28         2.  A drycleaning-solvent-contaminated site at which

29  cleanup is undertaken by the real property owner pursuant to

30  s. 376.3078(11), if the real property owner is not also, and

31

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  1  has never been, the owner or operator of the drycleaning

  2  facility where the contamination exists; or

  3         3.  A brownfield site in a designated brownfield area

  4  under s. 376.80.

  5         (3)  The Department of Environmental Protection shall

  6  be responsible for allocating the tax credits provided for in

  7  s. ss. 199.1055 and 220.1845, not to exceed a total of $2

  8  million in tax credits annually.

  9         (12)  An owner, operator, or real property owner who

10  receives state-funded site rehabilitation under s. 376.3078(3)

11  for rehabilitation of a drycleaning-solvent-contaminated site

12  is ineligible to receive a tax credit under s. 199.1055 or s.

13  220.1845 for costs incurred by the taxpayer in conjunction

14  with the rehabilitation of that site during the same time

15  period that state-administered site rehabilitation was

16  underway.

17         Section 23.  Paragraph (e) of subsection (14) of

18  section 440.49, Florida Statutes, is amended to read:

19         440.49  Limitation of liability for subsequent injury

20  through Special Disability Trust Fund.--

21         (14)  FLORIDA SPECIAL DISABILITY TRUST FUND FINANCING

22  CORPORATION.--

23         (e)1.  The funds, credit, property, or taxing power of

24  the state or political subdivisions of the state shall not be

25  pledged for the payment of such bonds. The bonds of the

26  corporation are not a debt of the state or of any political

27  subdivision, and neither the state nor any political

28  subdivision is liable on such bonds. The corporation does not

29  have the power to pledge the credit, the revenues, or the

30  taxing power of the state or of any political subdivision. The

31  credit, revenues, or taxing power of the state or of any

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  1  political subdivision shall not be deemed to be pledged to the

  2  payment of any bonds of the corporation. However, bonds issued

  3  under this subsection are declared to be for an essential

  4  public and governmental purpose.

  5         2.  The property, revenues, and other assets of the

  6  corporation; the transactions and operations of the

  7  corporation and the income from such transactions and

  8  operations; and all bonds issued under this paragraph and the

  9  interest on such bonds, which is exempt from income taxes of

10  the United States, are exempt from taxation by the state and

11  any political subdivision, including, but not limited to, the

12  intangibles tax under chapter 199, the income tax under

13  chapter 220, and the premium tax under the Florida Insurance

14  Code. This exemption does not apply to any tax imposed by

15  chapter 220 on interest income or profits on debt obligations

16  owned by corporations other than the Special Disability Trust

17  Fund Financing Corporation. The corporation is not subject to

18  the reporting requirements mandated by the Florida Insurance

19  Code.

20         Section 24.  Subsection (13) of section 493.6102,

21  Florida Statutes, is amended to read:

22         493.6102  Inapplicability of parts I through IV of this

23  chapter.--This chapter shall not apply to:

24         (13)  Any individual employed as a security officer by

25  a church or ecclesiastical or denominational organization

26  having an established physical place of worship in this state

27  at which nonprofit religious services and activities are

28  regularly conducted or by a church cemetery religious

29  institution as defined in s. 199.183(2)(a) to provide security

30  on the institution property of the organization or cemetery,

31

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  1  and who does not carry a firearm in the course of her or his

  2  duties.

  3         Section 25.  Paragraph (a) of subsection (3) of section

  4  516.031, Florida Statutes, is amended to read:

  5         516.031  Finance charge; maximum rates.--

  6         (3)  OTHER CHARGES.--

  7         (a)  In addition to the interest, delinquency, and

  8  insurance charges herein provided for, no further or other

  9  charges or amount whatsoever for any examination, service,

10  commission, or other thing or otherwise shall be directly or

11  indirectly charged, contracted for, or received as a condition

12  to the grant of a loan, except:

13         1.  An amount not to exceed $10 to reimburse a portion

14  of the costs for investigating the character and credit of the

15  person applying for the loan;

16         2.  An annual fee of $25 on the anniversary date of

17  each line-of-credit account;

18         3.  Charges paid for brokerage fee on a loan or line of

19  credit of more than $10,000, title insurance, and the

20  appraisal of real property offered as security when paid to a

21  third party and supported by an actual expenditure;

22         4.  Intangible personal property tax on the loan note

23  or obligation when secured by a lien on real property;

24         4.5.  The documentary excise tax and lawful fees, if

25  any, actually and necessarily paid out by the licensee to any

26  public officer for filing, recording, or releasing in any

27  public office any instrument securing the loan, which fees may

28  be collected when the loan is made or at any time thereafter;

29         5.6.  The premium payable for any insurance in lieu of

30  perfecting any security interest otherwise required by the

31  licensee in connection with the loan, if the premium does not

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  1  exceed the fees which would otherwise be payable, which

  2  premium may be collected when the loan is made or at any time

  3  thereafter;

  4         6.7.  Actual and reasonable attorney's fees and court

  5  costs as determined by the court in which suit is filed;

  6         7.8.  Actual and commercially reasonable expenses of

  7  repossession, storing, repairing and placing in condition for

  8  sale, and selling of any property pledged as security; or

  9         8.9.  A delinquency charge not to exceed $10 for each

10  payment in default for a period of not less than 10 days, if

11  the charge is agreed upon, in writing, between the parties

12  before imposing the charge.

13

14  Any charges, including interest, in excess of the combined

15  total of all charges authorized and permitted by this chapter

16  constitute a violation of chapter 687 governing interest and

17  usury, and the penalties of that chapter apply. In the event

18  of a bona fide error, the licensee shall refund or credit the

19  borrower with the amount of the overcharge immediately but

20  within 20 days from the discovery of such error.

21         Section 26.  Paragraph (m) of subsection (4) of section

22  627.311, Florida Statutes, is amended to read:

23         627.311  Joint underwriters and joint reinsurers.--

24         (4)

25         (m)  Each joint underwriting plan or association

26  created under this section is not a state agency, board, or

27  commission. However, for the purposes of s. 199.183(1) only,

28  the joint underwriting plan is a political subdivision of the

29  state and is exempt from the corporate income tax.

30         Section 27.  Paragraph (j) of subsection (6) of section

31  627.351, Florida Statutes, is amended to read:

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  1         627.351  Insurance risk apportionment plans.--

  2         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT

  3  UNDERWRITING ASSOCIATION.--

  4         (j)  The Residential Property and Casualty Joint

  5  Underwriting Association is not a state agency, board, or

  6  commission. However, for the purposes of s. 199.183(1), the

  7  Residential Property and Casualty Joint Underwriting

  8  Association shall be considered a political subdivision of the

  9  state and shall be exempt from the corporate income tax.

10         Section 28.  Paragraph (b) of subsection (6) of section

11  650.05, Florida Statutes, is amended to read:

12         650.05  Plans for coverage of employees of political

13  subdivisions.--

14         (6)

15         (b)  The grants-in-aid and other revenue referred to in

16  paragraph (a) specifically include, but are not limited to,

17  minimum foundation program grants to public school districts

18  and community colleges; gasoline, motor fuel, intangible,

19  cigarette, racing, and insurance premium taxes distributed to

20  political subdivisions; and amounts specifically appropriated

21  as grants-in-aid for mental health, mental retardation, and

22  mosquito control programs.

23         Section 29.  Subsection (1) of section 655.071, Florida

24  Statutes, is amended to read:

25         655.071  International banking facilities; definitions;

26  notice before establishment.--

27         (1)  "International banking facility" means a set of

28  asset and liability accounts segregated on the books and

29  records of a banking organization, as that term is defined in

30  s. 199.023, Florida Statutes, 2000, that includes only

31  international banking facility deposits, borrowings, and

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  1  extensions of credit, as those terms shall be defined by the

  2  department pursuant to subsection (2).

  3         Section 30.  Subsection (2) of section 733.604, Florida

  4  Statutes, is amended to read:

  5         733.604  Inventory.--

  6         (2)  The personal representative shall serve a copy of

  7  the inventory on the Department of Revenue, as provided in s.

  8  199.062(4), the surviving spouse, each heir at law in an

  9  intestate estate, each residuary beneficiary in a testate

10  estate, and any other interested person who may request it;

11  and the personal representative shall file proof of such

12  service. The inventory shall be verified by the personal

13  representative.

14         Section 31.  Paragraph (a) of subsection (1) of section

15  766.105, Florida Statutes, is amended to read:

16         766.105  Florida Patient's Compensation Fund.--

17         (1)  DEFINITIONS.--The following definitions apply in

18  the interpretation and enforcement of this section:

19         (a)  The term "fund" means the Florida Patient's

20  Compensation Fund.  The fund is not a state agency, board, or

21  commission.  However, for the purposes of s. 199.183(1) only,

22  the fund shall be considered a political subdivision of this

23  state.

24         Section 32.  Subsection (5) of section 192.032,

25  subsection (3) of section 192.042, subsection (4) of section

26  193.114, subsection (9) of section 196.015, paragraph (g) of

27  subsection (1) of section 607.1622, and subsection (2) of

28  section 731.111, all Florida Statutes, are hereby repealed.

29         Section 33.  Paragraph (a) of subsection (4) of section

30  192.0105, Florida Statutes, is amended to read:

31

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  1         192.0105  Taxpayer rights.--There is created a Florida

  2  Taxpayer's Bill of Rights for property taxes and assessments

  3  to guarantee that the rights, privacy, and property of the

  4  taxpayers of this state are adequately safeguarded and

  5  protected during tax levy, assessment, collection, and

  6  enforcement processes administered under the revenue laws of

  7  this state. The Taxpayer's Bill of Rights compiles, in one

  8  document, brief but comprehensive statements that summarize

  9  the rights and obligations of the property appraisers, tax

10  collectors, clerks of the court, local governing boards, the

11  Department of Revenue, and taxpayers. The rights afforded

12  taxpayers to assure that their privacy and property are

13  safeguarded and protected during tax levy, assessment, and

14  collection are available only insofar as they are implemented

15  in other parts of the Florida Statutes or rules of the

16  Department of Revenue. The rights so guaranteed to state

17  taxpayers in the Florida Statutes and the departmental rules

18  include:

19         (4)  THE RIGHT TO CONFIDENTIALITY.--

20         (a)  The right to have information kept confidential,

21  including federal tax information, ad valorem tax returns,

22  social security numbers, all financial records produced by the

23  taxpayer, Form DR-219 returns for documentary stamp tax

24  information, and sworn statements of gross income, copies of

25  federal income tax returns for the prior year, wage and

26  earnings statements (W-2 forms), and other documents (see ss.

27  192.105, 193.074, 193.114(5)(6), 195.027(3) and (6), and

28  196.101(4)(c)).

29         Section 34.  This act shall take effect January 1,

30  2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Repeals the taxes on intangible personal property.
  4

  5

  6
              *****************************************
  7
                         ADDITIONAL SPONSORS
  8
    Clarke, Alexander, Bowen, Green, Kottkamp, Harrington, Farkas,
  9  Kilmer, Baxley, Hart, Bennett, Goodlette, Negron, Flanagan,
    Attkisson, Bense, Bean, Pickens, Brown, Mealor, Harrell,
10  Greenstein, Atwater, Cantens, Garcia, Stansel, Needelman,
    Ryan, Prieguez, Jordan, Mack, Betancourt and Davis
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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