HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Needelman offered the following:
12  
13         Amendment (with title amendment) 
14         On page 1, line 14,
15  remove from the bill:  everything after the enacting clause,
16  
17  and insert in lieu thereof:  
18         Section 1.  Paragraph (a) of subsection (1) of section
19  72.011, Florida Statutes, is amended to read:
20         72.011  Jurisdiction of circuit courts in specific tax
21  matters; administrative hearings and appeals; time for
22  commencing action; parties; deposits.--
23         (1)(a)  A taxpayer may contest the legality of any
24  assessment or denial of refund of tax, fee, surcharge, permit,
25  interest, or penalty provided for under s. 125.0104, s.
26  125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
27  chapter 203, chapter 206, chapter 207, chapter 210, chapter
28  211, chapter 212, chapter 213, chapter 220, chapter 221, s.
29  370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185,
30  s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
31  chapter 563, chapter 564, chapter 565, chapter 624, or s.
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  681.117 by filing an action in circuit court; or,
 2  alternatively, the taxpayer may file a petition under the
 3  applicable provisions of chapter 120. However, once an action
 4  has been initiated under s. 120.56, s. 120.565, s. 120.569, s.
 5  120.57, or s. 120.80(14)(b), no action relating to the same
 6  subject matter may be filed by the taxpayer in circuit court,
 7  and judicial review shall be exclusively limited to appellate
 8  review pursuant to s. 120.68; and once an action has been
 9  initiated in circuit court, no action may be brought under
10  chapter 120.
11         Section 2.  Subsection (5) of section 192.091, Florida
12  Statutes, is amended to read:
13         192.091  Commissions of property appraisers and tax
14  collectors.--
15         (5)  Provided, that the provisions of this section
16  shall not apply to commissions on intangible property taxes or
17  drainage district or drainage subdistrict taxes.; and
18         Section 3.  Paragraph (b) of subsection (2) of section
19  196.199, Florida Statutes, is amended to read:
20         196.199  Government property exemption.--
21         (2)  Property owned by the following governmental units
22  but used by nongovernmental lessees shall only be exempt from
23  taxation under the following conditions:
24         (b)  Except as provided in paragraph (c), the exemption
25  provided by this subsection shall not apply to those portions
26  of a leasehold or other possessory interest in real property,
27  except for any leasehold or other possessory interest
28  described in s. 4(a), Art. VII of the State Constitution or
29  subsection (7), owned by the United States, the state, any
30  political subdivision of the state, any municipality of the
31  state, or any agency, authority, and other public body
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  corporate of the state, which are undeveloped or predominantly
 2  used for residential or commercial purposes and upon which
 3  rental payments are due defined by s. 199.023(1)(d), subject
 4  to the provisions of subsection (7).  Such leasehold or other
 5  interest shall be taxed only as intangible personal property
 6  pursuant to chapter 199 if rental payments are due in
 7  consideration of such leasehold or other interest. If no
 8  rental payments are due pursuant to the agreement creating
 9  such leasehold or other interest, the leasehold or other
10  interest shall be taxed as real property.  Nothing in this
11  paragraph shall be deemed to exempt personal property,
12  buildings, or other real property improvements owned by the
13  lessee from ad valorem taxation.
14         Section 4.  Section 196.1993, Florida Statutes, is
15  amended to read:
16         196.1993  Certain agreements with local governments for
17  use of public property; exemption.--Any agreement entered into
18  with a local governmental authority prior to January 1, 1969,
19  for use of public property, under which it was understood and
20  agreed in a written instrument or by special act that no ad
21  valorem real property taxes would be paid by the licensee or
22  lessee, shall be deemed a license or management agreement for
23  the use or management of public property. Such interest shall
24  be deemed not to convey an interest in the property and shall
25  not be subject to ad valorem real property taxation.  Nothing
26  in this section shall be deemed to exempt such licensee from
27  the ad valorem intangible tax and the ad valorem personal
28  property tax.
29         Section 5.  Subsection (4) of section 201.23, Florida
30  Statutes, is amended to read:
31         201.23  Foreign notes and other written obligations
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  exempt.--
 2         (4)(a)  The excise taxes imposed by this chapter shall
 3  not apply to the documents, notes, evidences of indebtedness,
 4  financing statements, drafts, bills of exchange, or other
 5  taxable items dealt with, made, issued, drawn upon, accepted,
 6  delivered, shipped, received, signed, executed, assigned,
 7  transferred, or sold by or to a banking organization, as
 8  defined in s. 199.023(9), in the conduct of an international
 9  banking transaction, as defined in s. 199.023(11).  Nothing in
10  this subsection shall be construed to change the application
11  of paragraph (2)(a).
12         (b)  For purposes of this subsection:
13         1.  "Banking organization" means:
14         a.  A bank organized and existing under the laws of
15  this state;
16         b.  A national bank organized and existing pursuant to
17  the provisions of the National Bank Act, 12 U.S.C. ss. 21 et
18  seq., and maintaining its principal office in this state;
19         c.  An Edge Act corporation organized pursuant to the
20  provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C.
21  ss. 611 et seq., and maintaining an office in this state;
22         d.  An international bank agency licensed pursuant to
23  the laws of this state;
24         e.  A federal agency licensed pursuant to ss. 4 and 5
25  of the International Banking Act of 1978 to maintain an office
26  in this state;
27         f.  A savings association organized and existing under
28  the laws of this state;
29         g.  A federal association organized and existing
30  pursuant to the provisions of the Home Owners' Loan Act of
31  1933, 12 U.S.C. ss. 1461 et seq., and maintaining its
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  principal office in this state; or
 2         h.  A Florida export finance corporation organized and
 3  existing pursuant to the provisions of part V of chapter 288.
 4         2.  "International banking transaction" means:
 5         a.  The financing of the exportation from, or the
 6  importation into, the United States or between jurisdictions
 7  abroad of tangible personal property or services;
 8         b.  The financing of the production, preparation,
 9  storage, or transportation of tangible personal property or
10  services which are identifiable as being directly and solely
11  for export from, or import into, the United States or between
12  jurisdictions abroad;
13         c.  The financing of contracts, projects, or activities
14  to be performed substantially abroad, except those
15  transactions secured by a mortgage, deed of trust, or other
16  lien upon real property located in the state;
17         d.  The receipt of deposits or borrowings or the
18  extensions of credit by an international banking facility,
19  except the loan or deposit of funds secured by mortgage, deed
20  of trust, or other lien upon real property located in the
21  state; or
22         e.  Entering into foreign exchange trading or hedging
23  transactions in connection with the activities described in
24  sub-subparagraph d.
25         Section 6.  Subsection (19) of section 212.02, Florida
26  Statutes, is amended to read:
27         212.02  Definitions.--The following terms and phrases
28  when used in this chapter have the meanings ascribed to them
29  in this section, except where the context clearly indicates a
30  different meaning:
31         (19)  "Tangible personal property" means and includes
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  personal property which may be seen, weighed, measured, or
 2  touched or is in any manner perceptible to the senses,
 3  including electric power or energy, boats, motor vehicles and
 4  mobile homes as defined in s. 320.01(1) and (2), aircraft as
 5  defined in s. 330.27, and all other types of vehicles.  The
 6  term "tangible personal property" does not include stocks,
 7  bonds, notes, insurance, or other obligations or securities,;
 8  intangibles as defined by the intangible tax law of the state;
 9  or pari-mutuel tickets sold or issued under the racing laws of
10  the state.
11         Section 7.  Subsections (3), (6), and (11) of section
12  213.015, Florida Statutes, are amended to read:
13         213.015  Taxpayer rights.--There is created a Florida
14  Taxpayer's Bill of Rights to guarantee that the rights,
15  privacy, and property of Florida taxpayers are adequately
16  safeguarded and protected during tax assessment, collection,
17  and enforcement processes administered under the revenue laws
18  of this state.  The Taxpayer's Bill of Rights compiles, in one
19  document, brief but comprehensive statements which explain, in
20  simple, nontechnical terms, the rights and obligations of the
21  Department of Revenue and taxpayers.  The rights afforded
22  taxpayers to assure that their privacy and property are
23  safeguarded and protected during tax assessment and collection
24  are available only insofar as they are implemented in other
25  parts of the Florida Statutes or rules of the Department of
26  Revenue. The rights so guaranteed Florida taxpayers in the
27  Florida Statutes and the departmental rules are:
28         (3)  The right to be represented or advised by counsel
29  or other qualified representatives at any time in
30  administrative interactions with the department, the right to
31  procedural safeguards with respect to recording of interviews
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  during tax determination or collection processes conducted by
 2  the department, the right to be treated in a professional
 3  manner by department personnel, and the right to have audits,
 4  inspections of records, and interviews conducted at a
 5  reasonable time and place except in criminal and internal
 6  investigations (see ss. 198.06, 199.218, 201.11(1), 203.02,
 7  206.14, 211.125(3), 211.33(3), 212.0305(3), 212.12(5)(a),
 8  (6)(a), and (13), 212.13(5), 213.05, 213.21(1)(a) and (c), and
 9  213.34).
10         (6)  The right to be informed of impending collection
11  actions which require sale or seizure of property or freezing
12  of assets, except jeopardy assessments, and the right to at
13  least 30 days' notice in which to pay the liability or seek
14  further review (see ss. 198.20, 199.262, 201.16, 206.075,
15  206.24, 211.125(5), 212.03(5), 212.0305(3)(j), 212.04(7),
16  212.14(1), 213.73(3), 213.731, and 220.739).
17         (11)  The right to procedures for requesting
18  cancellation, release, or modification of liens filed by the
19  department and for requesting that any lien which is filed in
20  error be so noted on the lien cancellation filed by the
21  department, in public notice, and in notice to any credit
22  agency at the taxpayer's request (see ss. 198.22, 199.262,
23  212.15(4), 213.733, and 220.819).
24         Section 8.  Section 213.05, Florida Statutes, is
25  amended to read:
26         213.05  Department of Revenue; control and
27  administration of revenue laws.--The Department of Revenue
28  shall have only those responsibilities for ad valorem taxation
29  specified to the department in chapter 192, taxation, general
30  provisions; chapter 193, assessments; chapter 194,
31  administrative and judicial review of property taxes; chapter
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  195, property assessment administration and finance; chapter
 2  196, exemption; chapter 197, tax collections, sales, and
 3  liens; chapter 199, intangible personal property taxes; and
 4  chapter 200, determination of millage. The Department of
 5  Revenue shall have the responsibility of regulating,
 6  controlling, and administering all revenue laws and performing
 7  all duties as provided in s. 125.0104, the Local Option
 8  Tourist Development Act; s. 125.0108, tourist impact tax;
 9  chapter 198, estate taxes; chapter 201, excise tax on
10  documents; chapter 202, communications services tax; chapter
11  203, gross receipts taxes; chapter 206, motor and other fuel
12  taxes; chapter 211, tax on production of oil and gas and
13  severance of solid minerals; chapter 212, tax on sales, use,
14  and other transactions; chapter 220, income tax code; chapter
15  221, emergency excise tax; ss. 336.021 and 336.025, taxes on
16  motor fuel and special fuel; s. 370.07(3), Apalachicola Bay
17  oyster surcharge; s. 376.11, pollutant spill prevention and
18  control; s. 403.718, waste tire fees; s. 403.7185, lead-acid
19  battery fees; s. 538.09, registration of secondhand dealers;
20  s. 538.25, registration of secondary metals recyclers; s.
21  624.4621, group self-insurer's fund premium tax; s. 624.5091,
22  retaliatory tax; s. 624.475, commercial self-insurance fund
23  premium tax; ss. 624.509-624.511, insurance code:
24  administration and general provisions; s. 624.515, State Fire
25  Marshal regulatory assessment; s. 627.357, medical malpractice
26  self-insurance premium tax; s. 629.5011, reciprocal insurers
27  premium tax; and s. 681.117, motor vehicle warranty
28  enforcement.
29         Section 9.  Subsections (1) and (4), paragraphs (k) and
30  (p) of subsection (7), and paragraph (a) of subsection (14) of
31  section 213.053, Florida Statutes, are amended to read:
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         213.053  Confidentiality and information sharing.--
 2         (1)(a)  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         (b)  The provisions of this section also apply to
22  chapter 202, the Communications Services Tax Simplification
23  Law. This paragraph is subject to the Open Government Sunset
24  Review Act of 1995 in accordance with s. 119.15, and shall
25  stand repealed on October 2, 2006, unless reviewed and saved
26  from repeal through reenactment by the Legislature.
27         (4)  Nothing contained in this section shall prevent
28  the department from publishing statistics so classified as to
29  prevent the identification of particular accounts, reports,
30  declarations, or returns or prevent the department from
31  disclosing to the Comptroller the names and addresses of those
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  taxpayers who have claimed an exemption pursuant to s.
 2  199.185(1)(i) or a deduction pursuant to s. 220.63(5).
 3         (7)  Notwithstanding any other provision of this
 4  section, the department may provide:
 5         (k)  Payment information relative to chapters 199, 201,
 6  212, 220, and 221 to the Office of Tourism, Trade, and
 7  Economic Development in its administration of the tax refund
 8  program for qualified defense contractors authorized by s.
 9  288.1045 and the tax refund program for qualified target
10  industry businesses authorized by s. 288.106.
11         (p)  Information relative to ss. 199.1055, 220.1845,
12  and 376.30781 to the Department of Environmental Protection in
13  the conduct of its official business.
14  
15  Disclosure of information under this subsection shall be
16  pursuant to a written agreement between the executive director
17  and the agency.  Such agencies, governmental or
18  nongovernmental, shall be bound by the same requirements of
19  confidentiality as the Department of Revenue.  Breach of
20  confidentiality is a misdemeanor of the first degree,
21  punishable as provided by s. 775.082 or s. 775.083.
22         (14)(a)  Notwithstanding any other provision of this
23  section, the department shall, subject to the safeguards
24  specified in paragraph (c), disclose to the Division of
25  Corporations of the Department of State the name, address,
26  federal employer identification number, and duration of tax
27  filings with this state of all corporate or partnership
28  entities which are not on file or have a dissolved status with
29  the Division of Corporations and which have filed tax returns
30  pursuant to either chapter 199 or chapter 220.
31         Section 10.  Section 213.054, Florida Statutes, is
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  amended to read:
 2         213.054  Persons claiming tax exemptions or deductions;
 3  annual report.--The Department of Revenue shall be responsible
 4  for monitoring the utilization of tax exemptions and tax
 5  deductions authorized pursuant to chapter 81-179, Laws of
 6  Florida.  On or before September 1 of each year, the
 7  department shall report to the Comptroller the names and
 8  addresses of all persons who have claimed an exemption
 9  pursuant to s. 199.185(1)(i) or a deduction pursuant to s.
10  220.63(5).
11         Section 11.  Subsection (2) of section 213.13, Florida
12  Statutes, is amended to read:
13         213.13  Electronic remittance and distribution of funds
14  collected by clerks of the court.--
15         (2)  The funds to be remitted electronically by the
16  clerks include proceeds from the taxes imposed by chapter 199,
17  chapter 201, and all other fees, fines, reimbursements, court
18  costs, or other court-related funds that the clerks must remit
19  to the state pursuant to law. At a minimum, these electronic
20  remittance procedures must include:
21         (a)  The prescribed reporting frequency and time period
22  for the clerks to remit such funds and the prescribed time
23  period in which the department must electronically deposit the
24  funds received to the appropriate state and local funds and
25  accounts;
26         (b)  The electronic format and type of debit remittance
27  system to be used by the clerks to remit the funds to the
28  department;
29         (c)  The means of communication used to transmit the
30  required information; and
31         (d)  The information that must be submitted with such
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  remittance.
 2         Section 12.  Section 213.27, Florida Statutes, is
 3  amended to read:
 4         213.27  Contracts with debt collection agencies and
 5  certain vendors.--
 6         (1)  The Department of Revenue may, for the purpose of
 7  collecting any delinquent taxes due from a taxpayer, including
 8  taxes for which a bill or notice has been generated, contract
 9  with any debt collection agency or attorney doing business
10  within or without this state for the collection of such
11  delinquent taxes including penalties and interest thereon. The
12  department may also share confidential information pursuant to
13  the contract necessary for the collection of delinquent taxes
14  and taxes for which a billing or notice has been generated.
15  Contracts will be made pursuant to chapter 287.  The taxpayer
16  must be notified by mail by the department, its employees, or
17  its authorized representative 30 days prior to commencing any
18  litigation to recover any delinquent taxes.  The taxpayer must
19  be notified by mail by the department 30 days prior to the
20  department assigning the collection of any taxes to the debt
21  collection agency.
22         (2)  The department may enter into contracts with any
23  individual or business for the purpose of identifying
24  intangible personal property tax liability.  Contracts may
25  provide for the identification of assets subject to the tax on
26  intangible personal property, the determination of value of
27  such property, the requirement for filing a tax return and the
28  collection of taxes due, including applicable penalties and
29  interest thereon. The department may share confidential
30  information pursuant to the contract necessary for the
31  identification of taxable intangible personal property.
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  Contracts shall be made pursuant to chapter 287.  The taxpayer
 2  must be notified by mail by the department 30 days prior to
 3  the department assigning identification of intangible personal
 4  property to an individual or business.
 5         (2)(3)  Any contract may provide, in the discretion of
 6  the executive director of the Department of Revenue, the
 7  manner in which the compensation for such services will be
 8  paid.  Under standards established by the department, such
 9  compensation shall be added to the amount of the tax and
10  collected as a part thereof by the agency or deducted from the
11  amount of tax, penalty, and interest actually collected.
12         (3)(4)  All funds collected under the terms of the
13  contract, less the fees provided in the contract, shall be
14  remitted to the department within 30 days from the date of
15  collection from a taxpayer.  Forms to be used for such purpose
16  shall be prescribed by the department.
17         (4)(5)  The department shall require a bond from the
18  debt collection agency or the individual or business
19  contracted with under subsection (2) not in excess of $100,000
20  guaranteeing compliance with the terms of the contract.
21  However, a bond of $10,000 is required from a debt collection
22  agency if the agency does not actually collect and remit
23  delinquent funds to the department.
24         (5)(6)  The department may, for the purpose of
25  ascertaining the amount of or collecting any taxes due from a
26  person doing mail order business in this state, contract with
27  any auditing agency doing business within or without this
28  state for the purpose of conducting an audit of such mail
29  order business; however, such audit agency may not conduct an
30  audit on behalf of the department of any person domiciled in
31  this state, person registered for sales and use tax purposes
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  in this state, or corporation filing a Florida corporate tax
 2  return, if any such person or corporation objects to such
 3  audit in writing to the department and the auditing agency.
 4  The department shall notify the taxpayer by mail at least 30
 5  days before the department assigns the collection of such
 6  taxes.
 7         (6)(7)  Confidential information shared by the
 8  department with debt collection or auditing agencies or
 9  individuals or businesses with which the department has
10  contracted under subsection (2) is exempt from the provisions
11  of s. 119.07(1), and debt collection or auditing agencies and
12  individuals or businesses with which the department has
13  contracted under subsection (2) shall be bound by the same
14  requirements of confidentiality as the Department of Revenue.
15  Breach of confidentiality is a misdemeanor of the first
16  degree, punishable as provided by ss. 775.082 and 775.083.
17         (7)(8)(a)  The executive director of the department may
18  enter into contracts with private vendors to develop and
19  implement systems to enhance tax collections where
20  compensation to the vendors is funded through increased tax
21  collections.  The amount of compensation paid to a vendor
22  shall be based on a percentage of increased tax collections
23  attributable to the system after all administrative and
24  judicial appeals are exhausted, and the total amount of
25  compensation paid to a vendor shall not exceed the maximum
26  amount stated in the contract.
27         (b)  A person acting on behalf of the department under
28  a contract authorized by this subsection does not exercise any
29  of the powers of the department, except that the person is an
30  agent of the department for the purposes of developing and
31  implementing a system to enhance tax collection.
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         (c)  Disclosure of information under this subsection
 2  shall be pursuant to a written agreement between the executive
 3  director and the private vendors. The vendors shall be bound
 4  by the same requirements of confidentiality as the department.
 5  Breach of confidentiality is a misdemeanor of the first
 6  degree, punishable as provided in s. 775.082 or s. 775.083.
 7         Section 13.  Section 213.31, Florida Statutes, is
 8  amended to read:
 9         213.31  Corporation Tax Administration Trust
10  Fund.--There is hereby created in the State Treasury the
11  Corporation Tax Administration Trust Fund.  Moneys in the fund
12  are hereby appropriated to the Department of Revenue for the
13  administration of taxes levied upon corporations, including,
14  but not limited to, those imposed under chapter 199, chapter
15  220, or chapter 221.
16         Section 14.  Paragraph (c) of subsection (6) of section
17  215.555, Florida Statutes, is amended to read:
18         215.555  Florida Hurricane Catastrophe Fund.--
19         (6)  REVENUE BONDS.--
20         (c)  Florida Hurricane Catastrophe Fund Finance
21  Corporation.--
22         1.  In addition to the findings and declarations in
23  subsection (1), the Legislature also finds and declares that:
24         a.  The public benefits corporation created under this
25  paragraph will provide a mechanism necessary for the
26  cost-effective and efficient issuance of bonds. This mechanism
27  will eliminate unnecessary costs in the bond issuance process,
28  thereby increasing the amounts available to pay reimbursement
29  for losses to property sustained as a result of hurricane
30  damage.
31         b.  The purpose of such bonds is to fund reimbursements
                                  15
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  through the Florida Hurricane Catastrophe Fund to pay for the
 2  costs of construction, reconstruction, repair, restoration,
 3  and other costs associated with damage to properties of
 4  policyholders of covered policies due to the occurrence of a
 5  hurricane.
 6         c.  The efficacy of the financing mechanism will be
 7  enhanced by the corporation's ownership of the assessments, by
 8  the insulation of the assessments from possible bankruptcy
 9  proceedings, and by covenants of the state with the
10  corporation's bondholders.
11         2.a.  There is created a public benefits corporation,
12  which is an instrumentality of the state, to be known as the
13  Florida Hurricane Catastrophe Fund Finance Corporation.
14         b.  The corporation shall operate under a five-member
15  board of directors consisting of the Governor or a designee,
16  the Comptroller or a designee, the Treasurer or a designee,
17  the director of the Division of Bond Finance of the State
18  Board of Administration, and the chief operating officer of
19  the Florida Hurricane Catastrophe Fund.
20         c.  The corporation has all of the powers of
21  corporations under chapter 607 and under chapter 617, subject
22  only to the provisions of this subsection.
23         d.  The corporation may issue bonds and engage in such
24  other financial transactions as are necessary to provide
25  sufficient funds to achieve the purposes of this section.
26         e.  The corporation may invest in any of the
27  investments authorized under s. 215.47.
28         f.  There shall be no liability on the part of, and no
29  cause of action shall arise against, any board members or
30  employees of the corporation for any actions taken by them in
31  the performance of their duties under this paragraph.
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         3.a.  In actions under chapter 75 to validate any bonds
 2  issued by the corporation, the notice required by s. 75.06
 3  shall be published only in Leon County and in two newspapers
 4  of general circulation in the state, and the complaint and
 5  order of the court shall be served only on the State Attorney
 6  of the Second Judicial Circuit.
 7         b.  The state hereby covenants with holders of bonds of
 8  the corporation that the state will not repeal or abrogate the
 9  power of the board to direct the Department of Insurance to
10  levy the assessments and to collect the proceeds of the
11  revenues pledged to the payment of such bonds as long as any
12  such bonds remain outstanding unless adequate provision has
13  been made for the payment of such bonds pursuant to the
14  documents authorizing the issuance of such bonds.
15         4.  The bonds of the corporation are not a debt of the
16  state or of any political subdivision, and neither the state
17  nor any political subdivision is liable on such bonds. The
18  corporation does not have the power to pledge the credit, the
19  revenues, or the taxing power of the state or of any political
20  subdivision. The credit, revenues, or taxing power of the
21  state or of any political subdivision shall not be deemed to
22  be pledged to the payment of any bonds of the corporation.
23         5.a.  The property, revenues, and other assets of the
24  corporation; the transactions and operations of the
25  corporation and the income from such transactions and
26  operations; and all bonds issued under this paragraph and
27  interest on such bonds are exempt from taxation by the state
28  and any political subdivision, including the intangibles tax
29  under chapter 199 and the income tax under chapter 220. This
30  exemption does not apply to any tax imposed by chapter 220 on
31  interest, income, or profits on debt obligations owned by
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  corporations other than the Florida Hurricane Catastrophe Fund
 2  Finance Corporation.
 3         b.  All bonds of the corporation shall be and
 4  constitute legal investments without limitation for all public
 5  bodies of this state; for all banks, trust companies, savings
 6  banks, savings associations, savings and loan associations,
 7  and investment companies; for all administrators, executors,
 8  trustees, and other fiduciaries; for all insurance companies
 9  and associations and other persons carrying on an insurance
10  business; and for all other persons who are now or may
11  hereafter be authorized to invest in bonds or other
12  obligations of the state and shall be and constitute eligible
13  securities to be deposited as collateral for the security of
14  any state, county, municipal, or other public funds. This
15  sub-subparagraph shall be considered as additional and
16  supplemental authority and shall not be limited without
17  specific reference to this sub-subparagraph.
18         6.  The corporation and its corporate existence shall
19  continue until terminated by law; however, no such law shall
20  take effect as long as the corporation has bonds outstanding
21  unless adequate provision has been made for the payment of
22  such bonds pursuant to the documents authorizing the issuance
23  of such bonds. Upon termination of the existence of the
24  corporation, all of its rights and properties in excess of its
25  obligations shall pass to and be vested in the state.
26         Section 15.  Section 220.1845, Florida Statutes, is
27  amended to read:
28         220.1845  Contaminated site rehabilitation tax
29  credit.--
30         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
31         (a)  A credit in the amount of 35 percent of the costs
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  of voluntary cleanup activity that is integral to site
 2  rehabilitation at the following sites is allowed against any
 3  tax due for a taxable year under this chapter:
 4         1.  A drycleaning-solvent-contaminated site eligible
 5  for state-funded site rehabilitation under s. 376.3078(3);
 6         2.  A drycleaning-solvent-contaminated site at which
 7  cleanup is undertaken by the real property owner pursuant to
 8  s. 376.3078(11), if the real property owner is not also, and
 9  has never been, the owner or operator of the drycleaning
10  facility where the contamination exists; or
11         3.  A brownfield site in a designated brownfield area
12  under s. 376.80.
13         (b)  A taxpayer, or multiple taxpayers working jointly
14  to clean up a single site, may not receive more than $250,000
15  per year in tax credits for each site voluntarily
16  rehabilitated. Multiple taxpayers shall receive tax credits in
17  the same proportion as their contribution to payment of
18  cleanup costs. Subject to the same conditions and limitations
19  as provided in this section, a municipality or county which
20  voluntarily rehabilitates a site may receive not more than
21  $250,000 per year in tax credits which it can subsequently
22  transfer subject to the provisions in paragraph (g) (h).
23         (c)  If the credit granted under this section is not
24  fully used in any one year because of insufficient tax
25  liability on the part of the corporation, the unused amount
26  may be carried forward for a period not to exceed 5 years. The
27  carryover credit may be used in a subsequent year when the tax
28  imposed by this chapter for that year exceeds the credit for
29  which the corporation is eligible in that year under this
30  section after applying the other credits and unused carryovers
31  in the order provided by s. 220.02(8).
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         (d)  A taxpayer that files a consolidated return in
 2  this state as a member of an affiliated group under s.
 3  220.131(1) may be allowed the credit on a consolidated return
 4  basis up to the amount of tax imposed upon and paid by the
 5  taxpayer that incurred the rehabilitation costs.
 6         (e)  A taxpayer that receives credit under s. 199.1055
 7  is ineligible to receive credit under this section in a given
 8  tax year.
 9         (e)(f)  A taxpayer that receives state-funded site
10  rehabilitation under s. 376.3078(3) for rehabilitation of a
11  drycleaning-solvent-contaminated site is ineligible to receive
12  credit under this section for costs incurred by the taxpayer
13  in conjunction with the rehabilitation of that site during the
14  same time period that state-administered site rehabilitation
15  was underway.
16         (f)(g)  The total amount of the tax credits which may
17  be granted under this section and s. 199.1055 is $2 million
18  annually.
19         (g)(h)1.  Tax credits that may be available under this
20  section to an entity eligible under s. 376.30781 may be
21  transferred after a merger or acquisition to the surviving or
22  acquiring entity and used in the same manner and with the same
23  limitations.
24         2.  The entity or its surviving or acquiring entity as
25  described in subparagraph 1., may transfer any unused credit
26  in whole or in units of no less than 25 percent of the
27  remaining credit.  The entity acquiring such credit may use it
28  in the same manner and with the same limitation as described
29  in this section. Such transferred credits may not be
30  transferred again although they may succeed to a surviving or
31  acquiring entity subject to the same conditions and
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  limitations as described in this section.
 2         3.  In the event the credit provided for under this
 3  section is reduced either as a result of a determination by
 4  the Department of Environmental Protection or an examination
 5  or audit by the Department of Revenue, such tax deficiency
 6  shall be recovered from the first entity, or the surviving or
 7  acquiring entity, to have claimed such credit up to the amount
 8  of credit taken.  Any subsequent deficiencies shall be
 9  assessed against any entity acquiring and claiming such
10  credit, or in the case of multiple succeeding entities in the
11  order of credit succession.
12         (h)(i)  In order to encourage completion of site
13  rehabilitation at contaminated sites being voluntarily cleaned
14  up and eligible for a tax credit under this section, the
15  taxpayer may claim an additional 10 percent of the total
16  cleanup costs, not to exceed $50,000, in the final year of
17  cleanup as evidenced by the Department of Environmental
18  Protection issuing a "No Further Action" order for that site.
19         (2)  FILING REQUIREMENTS.--Any corporation that wishes
20  to obtain credit under this section must submit with its
21  return a tax credit certificate approving partial tax credits
22  issued by the Department of Environmental Protection under s.
23  376.30781.
24         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
25  FORFEITURE.--
26         (a)  The Department of Revenue may adopt rules to
27  prescribe any necessary forms required to claim a tax credit
28  under this section and to provide the administrative
29  guidelines and procedures required to administer this section.
30         (b)  In addition to its existing audit and
31  investigation authority relating to chapter 199 and this
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  chapter, the Department of Revenue may perform any additional
 2  financial and technical audits and investigations, including
 3  examining the accounts, books, or records of the tax credit
 4  applicant, which are necessary to verify the site
 5  rehabilitation costs included in a tax credit return and to
 6  ensure compliance with this section. The Department of
 7  Environmental Protection shall provide technical assistance,
 8  when requested by the Department of Revenue, on any technical
 9  audits performed pursuant to this section.
10         (c)  It is grounds for forfeiture of previously claimed
11  and received tax credits if the Department of Revenue
12  determines, as a result of either an audit or information
13  received from the Department of Environmental Protection, that
14  a taxpayer received tax credits pursuant to this section to
15  which the taxpayer was not entitled. In the case of fraud, the
16  taxpayer shall be prohibited from claiming any future tax
17  credits under this section or s. 199.1055.
18         1.  The taxpayer is responsible for returning forfeited
19  tax credits to the Department of Revenue, and such funds shall
20  be paid into the General Revenue Fund of the state.
21         2.  The taxpayer shall file with the Department of
22  Revenue an amended tax return or such other report as the
23  Department of Revenue prescribes by rule and shall pay any
24  required tax within 60 days after the taxpayer receives
25  notification from the Department of Environmental Protection
26  pursuant to s. 376.30781 that previously approved tax credits
27  have been revoked or modified, if uncontested, or within 60
28  days after a final order is issued following proceedings
29  involving a contested revocation or modification order.
30         3.  A notice of deficiency may be issued by the
31  Department of Revenue at any time within 5 years after the
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  date the taxpayer receives notification from the Department of
 2  Environmental Protection pursuant to s. 376.30781 that
 3  previously approved tax credits have been revoked or modified.
 4  If a taxpayer fails to notify the Department of Revenue of any
 5  change in its tax credit claimed, a notice of deficiency may
 6  be issued at any time. In either case, the amount of any
 7  proposed assessment set forth in such notice of deficiency
 8  shall be limited to the amount of any deficiency resulting
 9  under this section from the recomputation of the taxpayer's
10  tax for the taxable year.
11         4.  Any taxpayer that fails to report and timely pay
12  any tax due as a result of the forfeiture of its tax credit is
13  in violation of this section and is subject to applicable
14  penalty and interest.
15         Section 16.  Paragraph (b) of subsection (2) of section
16  288.039, Florida Statutes, is amended to read:
17         288.039  Employing and Training our Youths (ENTRY).--
18         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--
19         (b)  After entering into an employment/tax refund
20  agreement under subsection (3), an eligible business may
21  receive refunds for the following taxes or fees due and paid
22  by that business:
23         1.  Taxes on sales, use, and other transactions under
24  chapter 212.
25         2.  Corporate income taxes under chapter 220.
26         3.  Intangible personal property taxes under chapter
27  199.
28         3.4.  Emergency excise taxes under chapter 221.
29         4.5.  Excise taxes on documents under chapter 201.
30         5.6.  Ad valorem taxes paid, as defined in s.
31  220.03(1).
                                  23
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         6.7.  Insurance premium taxes under s. 624.509.
 2         7.8.  Occupational license fees under chapter 205.
 3  
 4  However, an eligible business may not receive a refund under
 5  this section for any amount of credit, refund, or exemption
 6  granted to that business for any of such taxes or fees.  If a
 7  refund for such taxes or fees is provided by the office, which
 8  taxes or fees are subsequently adjusted by the application of
 9  any credit, refund, or exemption granted to the eligible
10  business other than as provided in this section, the business
11  shall reimburse the office for the amount of that credit,
12  refund, or exemption.  An eligible business shall notify and
13  tender payment to the office within 20 days after receiving
14  any credit, refund, or exemption other than the one provided
15  in this section.
16         Section 17.  Paragraph (f) of subsection (2) and
17  paragraphs (b), (c), and (d) of subsection (3) of section
18  288.1045, Florida Statutes, are amended to read:
19         288.1045  Qualified defense contractor tax refund
20  program.--
21         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
22         (f)  After entering into a tax refund agreement
23  pursuant to subsection (4), a qualified applicant may receive
24  refunds from the Economic Development Trust Fund for the
25  following taxes due and paid by the qualified applicant
26  beginning with the applicant's first taxable year that begins
27  after entering into the agreement:
28         1.  Taxes on sales, use, and other transactions paid
29  pursuant to chapter 212.
30         2.  Corporate income taxes paid pursuant to chapter
31  220.
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         3.  Intangible personal property taxes paid pursuant to
 2  chapter 199.
 3         3.4.  Emergency excise taxes paid pursuant to chapter
 4  221.
 5         4.5.  Excise taxes paid on documents pursuant to
 6  chapter 201.
 7         5.6.  Ad valorem taxes paid, as defined in s.
 8  220.03(1)(a) on June 1, 1996.
 9  
10  However, a qualified applicant may not receive a tax refund
11  pursuant to this section for any amount of credit, refund, or
12  exemption granted such contractor for any of such taxes. If a
13  refund for such taxes is provided by the office, which taxes
14  are subsequently adjusted by the application of any credit,
15  refund, or exemption granted to the qualified applicant other
16  than that provided in this section, the qualified applicant
17  shall reimburse the Economic Development Trust Fund for the
18  amount of such credit, refund, or exemption. A qualified
19  applicant must notify and tender payment to the office within
20  20 days after receiving a credit, refund, or exemption, other
21  than that provided in this section.
22         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
23  DETERMINATION.--
24         (b)  Applications for certification based on the
25  consolidation of a Department of Defense contract or a new
26  Department of Defense contract must be submitted to the office
27  as prescribed by the office and must include, but are not
28  limited to, the following information:
29         1.  The applicant's federal employer identification
30  number, the applicant's Florida sales tax registration number,
31  and a notarized signature of an officer of the applicant.
                                  25
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         2.  The permanent location of the manufacturing,
 2  assembling, fabricating, research, development, or design
 3  facility in this state at which the project is or is to be
 4  located.
 5         3.  The Department of Defense contract numbers of the
 6  contract to be consolidated, the new Department of Defense
 7  contract number, or the "RFP" number of a proposed Department
 8  of Defense contract.
 9         4.  The date the contract was executed or is expected
10  to be executed, and the date the contract is due to expire or
11  is expected to expire.
12         5.  The commencement date for project operations under
13  the contract in this state.
14         6.  The number of full-time equivalent jobs in this
15  state which are or will be dedicated to the project during the
16  year and the average wage of such jobs.
17         7.  The total number of full-time equivalent employees
18  employed by the applicant in this state.
19         8.  The percentage of the applicant's gross receipts
20  derived from Department of Defense contracts during the 5
21  taxable years immediately preceding the date the application
22  is submitted.
23         9.  The amount of:
24         a.  Taxes on sales, use, and other transactions paid
25  pursuant to chapter 212;
26         b.  Corporate income taxes paid pursuant to chapter
27  220;
28         c.  Intangible personal property taxes paid pursuant to
29  chapter 199;
30         c.d.  Emergency excise taxes paid pursuant to chapter
31  221;
                                  26
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         d.e.  Excise taxes paid on documents pursuant to
 2  chapter 201; and
 3         e.f.  Ad valorem taxes paid
 4  
 5  during the 5 fiscal years immediately preceding the date of
 6  the application, and the projected amounts of such taxes to be
 7  due in the 3 fiscal years immediately following the date of
 8  the application.
 9         10.  The estimated amount of tax refunds to be claimed
10  in each fiscal year.
11         11.  A brief statement concerning the applicant's need
12  for tax refunds, and the proposed uses of such refunds by the
13  applicant.
14         12.  A resolution adopted by the county commissioners
15  of the county in which the project will be located, which
16  recommends the applicant be approved as a qualified applicant,
17  and which indicates that the necessary commitments of local
18  financial support for the applicant exist. Prior to the
19  adoption of the resolution, the county commission may review
20  the proposed public or private sources of such support and
21  determine whether the proposed sources of local financial
22  support can be provided or, for any applicant whose project is
23  located in a county designated by the Rural Economic
24  Development Initiative, a resolution adopted by the county
25  commissioners of such county requesting that the applicant's
26  project be exempt from the local financial support
27  requirement.
28         13.  Any additional information requested by the
29  office.
30         (c)  Applications for certification based on the
31  conversion of defense production jobs to nondefense production
                                  27
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  jobs must be submitted to the office as prescribed by the
 2  office and must include, but are not limited to, the following
 3  information:
 4         1.  The applicant's federal employer identification
 5  number, the applicant's Florida sales tax registration number,
 6  and a notarized signature of an officer of the applicant.
 7         2.  The permanent location of the manufacturing,
 8  assembling, fabricating, research, development, or design
 9  facility in this state at which the project is or is to be
10  located.
11         3.  The Department of Defense contract numbers of the
12  contract under which the defense production jobs will be
13  converted to nondefense production jobs.
14         4.  The date the contract was executed, and the date
15  the contract is due to expire or is expected to expire, or was
16  canceled.
17         5.  The commencement date for the nondefense production
18  operations in this state.
19         6.  The number of full-time equivalent jobs in this
20  state which are or will be dedicated to the nondefense
21  production project during the year and the average wage of
22  such jobs.
23         7.  The total number of full-time equivalent employees
24  employed by the applicant in this state.
25         8.  The percentage of the applicant's gross receipts
26  derived from Department of Defense contracts during the 5
27  taxable years immediately preceding the date the application
28  is submitted.
29         9.  The amount of:
30         a.  Taxes on sales, use, and other transactions paid
31  pursuant to chapter 212;
                                  28
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         b.  Corporate income taxes paid pursuant to chapter
 2  220;
 3         c.  Intangible personal property taxes paid pursuant to
 4  chapter 199;
 5         c.d.  Emergency excise taxes paid pursuant to chapter
 6  221;
 7         d.e.  Excise taxes paid on documents pursuant to
 8  chapter 201; and
 9         e.f.  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         10.  The estimated amount of tax refunds to be claimed
16  in each fiscal year.
17         11.  A brief statement concerning the applicant's need
18  for tax refunds, and the proposed uses of such refunds by the
19  applicant.
20         12.  A resolution adopted by the county commissioners
21  of the county in which the project will be located, which
22  recommends the applicant be approved as a qualified applicant,
23  and which indicates that the necessary commitments of local
24  financial support for the applicant exist. Prior to the
25  adoption of the resolution, the county commission may review
26  the proposed public or private sources of such support and
27  determine whether the proposed sources of local financial
28  support can be provided or, for any applicant whose project is
29  located in a county designated by the Rural Economic
30  Development Initiative, a resolution adopted by the county
31  commissioners of such county requesting that the applicant's
                                  29
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  project be exempt from the local financial support
 2  requirement.
 3         13.  Any additional information requested by the
 4  office.
 5         (d)  Applications for certification based on a contract
 6  for reuse of a defense-related facility must be submitted to
 7  the office as prescribed by the office and must include, but
 8  are not limited to, the following information:
 9         1.  The applicant's Florida sales tax registration
10  number and a notarized signature of an officer of the
11  applicant.
12         2.  The permanent location of the manufacturing,
13  assembling, fabricating, research, development, or design
14  facility in this state at which the project is or is to be
15  located.
16         3.  The business entity holding a valid Department of
17  Defense contract or branch of the Armed Forces of the United
18  States that previously occupied the facility, and the date
19  such entity last occupied the facility.
20         4.  A copy of the contract to reuse the facility, or
21  such alternative proof as may be prescribed by the office that
22  the applicant is seeking to contract for the reuse of such
23  facility.
24         5.  The date the contract to reuse the facility was
25  executed or is expected to be executed, and the date the
26  contract is due to expire or is expected to expire.
27         6.  The commencement date for project operations under
28  the contract in this state.
29         7.  The number of full-time equivalent jobs in this
30  state which are or will be dedicated to the project during the
31  year and the average wage of such jobs.
                                  30
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         8.  The total number of full-time equivalent employees
 2  employed by the applicant in this state.
 3         9.  The amount of:
 4         a.  Taxes on sales, use, and other transactions paid
 5  pursuant to chapter 212.
 6         b.  Corporate income taxes paid pursuant to chapter
 7  220.
 8         c.  Intangible personal property taxes paid pursuant to
 9  chapter 199.
10         c.d.  Emergency excise taxes paid pursuant to chapter
11  221.
12         d.e.  Excise taxes paid on documents pursuant to
13  chapter 201.
14         e.f.  Ad valorem taxes paid during the 5 fiscal years
15  immediately preceding the date of the application, and the
16  projected amounts of such taxes to be due in the 3 fiscal
17  years immediately following the date of the application.
18         10.  The estimated amount of tax refunds to be claimed
19  in each fiscal year.
20         11.  A brief statement concerning the applicant's need
21  for tax refunds, and the proposed uses of such refunds by the
22  applicant.
23         12.  A resolution adopted by the county commissioners
24  of the county in which the project will be located, which
25  recommends the applicant be approved as a qualified applicant,
26  and which indicates that the necessary commitments of local
27  financial support for the applicant exist. Prior to the
28  adoption of the resolution, the county commission may review
29  the proposed public or private sources of such support and
30  determine whether the proposed sources of local financial
31  support can be provided or, for any applicant whose project is
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  located in a county designated by the Rural Economic
 2  Development Initiative, a resolution adopted by the county
 3  commissioners of such county requesting that the applicant's
 4  project be exempt from the local financial support
 5  requirement.
 6         13.  Any additional information requested by the
 7  office.
 8         Section 18.  Paragraph (c) of subsection (2) of section
 9  288.106, Florida Statutes, is amended to read:
10         288.106  Tax refund program for qualified target
11  industry businesses.--
12         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--
13         (c)  After entering into a tax refund agreement under
14  subsection (4), a qualified target industry business may:
15         1.  Receive refunds from the account for the following
16  taxes due and paid by that business beginning with the first
17  taxable year of the business which begins after entering into
18  the agreement:
19         a.  Corporate income taxes under chapter 220.
20         b.  Insurance premium tax under s. 624.509.
21         2.  Receive refunds from the account for the following
22  taxes due and paid by that business after entering into the
23  agreement:
24         a.  Taxes on sales, use, and other transactions under
25  chapter 212.
26         b.  Intangible personal property taxes under chapter
27  199.
28         b.c.  Emergency excise taxes under chapter 221.
29         c.d.  Excise taxes on documents under chapter 201.
30         d.e.  Ad valorem taxes paid, as defined in s.
31  220.03(1).
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         Section 19.  Paragraph (c) of subsection (1) and
 2  paragraph (d) of subsection (2) of section 288.1066, Florida
 3  Statutes, are amended to read:
 4         288.1066  Confidentiality of records.--
 5         (1)  The following information when received by the
 6  Office of Tourism, Trade, and Economic Development; Enterprise
 7  Florida, Inc.; or county or municipal governmental entities
 8  and their employees pursuant to the qualified defense
 9  contractor tax refund program as required by s. 288.1045 is
10  confidential and exempt from the provisions of s. 119.07(1)
11  and s. 24(a), Art. I of the State Constitution for a period
12  not to exceed the duration of the tax refund agreement or 10
13  years, whichever is earlier:
14         (c)  The amount of:
15         1.  Taxes on sales, use, and other transactions paid
16  pursuant to chapter 212;
17         2.  Corporate income taxes paid pursuant to chapter
18  220;
19         3.  Intangible personal property taxes paid pursuant to
20  chapter 199;
21         3.4.  Emergency excise taxes paid pursuant to chapter
22  221; and
23         4.5.  Ad valorem taxes paid
24  
25  during the 5 fiscal years immediately preceding the date of
26  the application, and the projected amounts of such taxes to be
27  due in the 3 fiscal years immediately following the date of
28  the application.
29         (2)  The following information when received by the
30  Office of Tourism, Trade, and Economic Development; Enterprise
31  Florida, Inc.; or county or municipal governmental entities
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  and their employees pursuant to the qualified target industry
 2  tax refund program as required by s. 288.106 is confidential
 3  and exempt from the provisions of s. 119.07(1) and s. 24(a),
 4  Art. I of the State Constitution for a period not to exceed
 5  the duration of the tax refund agreement or 10 years,
 6  whichever is earlier:
 7         (d)  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         Section 20.  Paragraph (a) of subsection (2) and
23  subsections (3) and (12) of section 376.30781, Florida
24  Statutes, are amended to read:
25         376.30781  Partial tax credits for rehabilitation of
26  drycleaning-solvent-contaminated sites and brownfield sites in
27  designated brownfield areas; application process; rulemaking
28  authority; revocation authority.--
29         (2)(a)  A credit in the amount of 35 percent of the
30  costs of voluntary cleanup activity that is integral to site
31  rehabilitation at the following sites is allowed pursuant to
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  s. ss. 199.1055 and 220.1845:
 2         1.  A drycleaning-solvent-contaminated site eligible
 3  for state-funded site rehabilitation under s. 376.3078(3);
 4         2.  A drycleaning-solvent-contaminated site at which
 5  cleanup is undertaken by the real property owner pursuant to
 6  s. 376.3078(11), if the real property owner is not also, and
 7  has never been, the owner or operator of the drycleaning
 8  facility where the contamination exists; or
 9         3.  A brownfield site in a designated brownfield area
10  under s. 376.80.
11         (3)  The Department of Environmental Protection shall
12  be responsible for allocating the tax credits provided for in
13  s. ss. 199.1055 and 220.1845, not to exceed a total of $2
14  million in tax credits annually.
15         (12)  An owner, operator, or real property owner who
16  receives state-funded site rehabilitation under s. 376.3078(3)
17  for rehabilitation of a drycleaning-solvent-contaminated site
18  is ineligible to receive a tax credit under s. 199.1055 or s.
19  220.1845 for costs incurred by the taxpayer in conjunction
20  with the rehabilitation of that site during the same time
21  period that state-administered site rehabilitation was
22  underway.
23         Section 21.  Subsection (13) of section 493.6102,
24  Florida Statutes, is amended to read:
25         493.6102  Inapplicability of parts I through IV of this
26  chapter.--This chapter shall not apply to:
27         (13)  Any individual employed as a security officer by
28  a church or ecclesiastical or denominational organization
29  having an established physical place of worship in this state
30  at which nonprofit religious services and activities are
31  regularly conducted or by a church cemetery religious
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  institution as defined in s. 199.183(2)(a) to provide security
 2  on the institution property of the organization or cemetery,
 3  and who does not carry a firearm in the course of her or his
 4  duties.
 5         Section 22.  Paragraph (a) of subsection (3) of section
 6  516.031, Florida Statutes, is amended to read:
 7         516.031  Finance charge; maximum rates.--
 8         (3)  OTHER CHARGES.--
 9         (a)  In addition to the interest, delinquency, and
10  insurance charges herein provided for, no further or other
11  charges or amount whatsoever for any examination, service,
12  commission, or other thing or otherwise shall be directly or
13  indirectly charged, contracted for, or received as a condition
14  to the grant of a loan, except:
15         1.  An amount not to exceed $10 to reimburse a portion
16  of the costs for investigating the character and credit of the
17  person applying for the loan;
18         2.  An annual fee of $25 on the anniversary date of
19  each line-of-credit account;
20         3.  Charges paid for brokerage fee on a loan or line of
21  credit of more than $10,000, title insurance, and the
22  appraisal of real property offered as security when paid to a
23  third party and supported by an actual expenditure;
24         4.  Intangible personal property tax on the loan note
25  or obligation when secured by a lien on real property;
26         4.5.  The documentary excise tax and lawful fees, if
27  any, actually and necessarily paid out by the licensee to any
28  public officer for filing, recording, or releasing in any
29  public office any instrument securing the loan, which fees may
30  be collected when the loan is made or at any time thereafter;
31         5.6.  The premium payable for any insurance in lieu of
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  perfecting any security interest otherwise required by the
 2  licensee in connection with the loan, if the premium does not
 3  exceed the fees which would otherwise be payable, which
 4  premium may be collected when the loan is made or at any time
 5  thereafter;
 6         6.7.  Actual and reasonable attorney's fees and court
 7  costs as determined by the court in which suit is filed;
 8         7.8.  Actual and commercially reasonable expenses of
 9  repossession, storing, repairing and placing in condition for
10  sale, and selling of any property pledged as security; or
11         8.9.  A delinquency charge not to exceed $10 for each
12  payment in default for a period of not less than 10 days, if
13  the charge is agreed upon, in writing, between the parties
14  before imposing the charge.
15  
16  Any charges, including interest, in excess of the combined
17  total of all charges authorized and permitted by this chapter
18  constitute a violation of chapter 687 governing interest and
19  usury, and the penalties of that chapter apply. In the event
20  of a bona fide error, the licensee shall refund or credit the
21  borrower with the amount of the overcharge immediately but
22  within 20 days from the discovery of such error.
23         Section 23.  Paragraph (m) of subsection (4) of section
24  627.311, Florida Statutes, is amended to read:
25         627.311  Joint underwriters and joint reinsurers.--
26         (4)
27         (m)  Each joint underwriting plan or association
28  created under this section is not a state agency, board, or
29  commission. However, for the purposes of s. 199.183(1) only,
30  the joint underwriting plan is a political subdivision of the
31  state and is exempt from the corporate income tax.
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         Section 24.  Paragraph (j) of subsection (6) of section
 2  627.351, Florida Statutes, is amended to read:
 3         627.351  Insurance risk apportionment plans.--
 4         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT
 5  UNDERWRITING ASSOCIATION.--
 6         (j)  The Residential Property and Casualty Joint
 7  Underwriting Association is not a state agency, board, or
 8  commission. However, for the purposes of s. 199.183(1), the
 9  Residential Property and Casualty Joint Underwriting
10  Association shall be considered a political subdivision of the
11  state and shall be exempt from the corporate income tax.
12         Section 25.  Paragraph (b) of subsection (6) of section
13  650.05, Florida Statutes, is amended to read:
14         650.05  Plans for coverage of employees of political
15  subdivisions.--
16         (6)
17         (b)  The grants-in-aid and other revenue referred to in
18  paragraph (a) specifically include, but are not limited to,
19  minimum foundation program grants to public school districts
20  and community colleges; gasoline, motor fuel, intangible,
21  cigarette, racing, and insurance premium taxes distributed to
22  political subdivisions; and amounts specifically appropriated
23  as grants-in-aid for mental health, mental retardation, and
24  mosquito control programs.
25         Section 26.  Subsection (1) of section 655.071, Florida
26  Statutes, is amended to read:
27         655.071  International banking facilities; definitions;
28  notice before establishment.--
29         (1)  "International banking facility" means a set of
30  asset and liability accounts segregated on the books and
31  records of a banking organization, as that term is defined in
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  s. 201.23 199.023, that includes only international banking
 2  facility deposits, borrowings, and extensions of credit, as
 3  those terms shall be defined by the department pursuant to
 4  subsection (2).
 5         Section 27.  Paragraph (a) of subsection (1) of section
 6  766.105, Florida Statutes, is amended to read:
 7         766.105  Florida Patient's Compensation Fund.--
 8         (1)  DEFINITIONS.--The following definitions apply in
 9  the interpretation and enforcement of this section:
10         (a)  The term "fund" means the Florida Patient's
11  Compensation Fund.  The fund is not a state agency, board, or
12  commission.  However, for the purposes of s. 199.183(1) only,
13  the fund shall be considered a political subdivision of this
14  state.
15         Section 28.  Paragraph (a) of subsection (4) of section
16  192.0105, Florida Statutes, is amended to read:
17         192.0105  Taxpayer rights.--There is created a Florida
18  Taxpayer's Bill of Rights for property taxes and assessments
19  to guarantee that the rights, privacy, and property of the
20  taxpayers of this state are adequately safeguarded and
21  protected during tax levy, assessment, collection, and
22  enforcement processes administered under the revenue laws of
23  this state. The Taxpayer's Bill of Rights compiles, in one
24  document, brief but comprehensive statements that summarize
25  the rights and obligations of the property appraisers, tax
26  collectors, clerks of the court, local governing boards, the
27  Department of Revenue, and taxpayers. The rights afforded
28  taxpayers to assure that their privacy and property are
29  safeguarded and protected during tax levy, assessment, and
30  collection are available only insofar as they are implemented
31  in other parts of the Florida Statutes or rules of the
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  Department of Revenue. The rights so guaranteed to state
 2  taxpayers in the Florida Statutes and the departmental rules
 3  include:
 4         (4)  THE RIGHT TO CONFIDENTIALITY.--
 5         (a)  The right to have information kept confidential,
 6  including federal tax information, ad valorem tax returns,
 7  social security numbers, all financial records produced by the
 8  taxpayer, Form DR-219 returns for documentary stamp tax
 9  information, and sworn statements of gross income, copies of
10  federal income tax returns for the prior year, wage and
11  earnings statements (W-2 forms), and other documents (see ss.
12  192.105, 193.074, 193.114(5)(6), 195.027(3) and (6), and
13  196.101(4)(c)).
14         Section 29.  (1)  Sections 199.012, 199.023, 199.032,
15  199.033, 199.042, 199.052, 199.057, 199.062, 199.103,
16  199.1055, 199.106, 199.133, 199.135, 199.143, 199.145,
17  199.155, 199.175, 199.183, 199.185, 199.202, 199.212, 199.218,
18  199.232, 199.262, 199.272, 199.282, 199.292, and 199.303,
19  Florida Statutes, are repealed.
20         (2)  Subsection (5) of section 192.032, subsection (3)
21  of section 192.042, subsection (4) of section 193.114,
22  subsection (9) of section 196.015, paragraph (g) of subsection
23  (1) of section 607.1622, and subsection (5) of section
24  733.702, Florida Statutes, are repealed.
25         (3)  Effective upon this act becoming a law but if it
26  becomes a law after December 31, 2001, operating retroactively
27  to December 31, 2001, section 1 of chapter 2001-225, Laws of
28  Florida, is repealed.
29         Section 30.  Except as otherwise provided herein, this
30  act shall take effect July 1, 2003.
31  
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 1, lines 2-11,
 4  remove from the title of the bill:  all of said lines,
 5  
 6  and insert in lieu thereof:
 7         An act relating to intangible personal property
 8         taxes; amending ss. 72.011, 192.091, 196.199,
 9         196.1993, 201.23, 212.02, 213.015, 213.05,
10         213.053, 213.054, 213.13, 213.27, 213.31,
11         215.555, 220.1845, 288.039, 288.1045, 288.106,
12         288.1066, 376.30781, 493.6102, 516.031,
13         627.311, 627.351, 650.05, 655.071, and 766.105,
14         F.S., to conform to the repeal of intangible
15         personal property taxes; amending s. 192.0105,
16         F.S.; correcting a reference; repealing ss.
17         199.012, 199.023, 199.032, 199.033, 199.042,
18         199.052, 199.057, 199.062, 199.103, 199.1055,
19         199.106, 199.133, 199.135, 199.143, 199.145,
20         199.155, 199.175, 199.183, 199.185, 199.202,
21         199.212, 199.218, 199.232, 199.262, 199.272,
22         199.282, 199.292, and 199.303, F.S., relating
23         to intangible personal property taxes;
24         repealing ss. 192.032(5), 192.042(3),
25         193.114(4), 196.015(9), 607.1622(1)(g), and
26         733.702(5), F.S., relating to assessment of
27         intangible personal property, the intangible
28         personal property tax roll, filing of
29         intangible tax returns as a factor in
30         determining residency, intangible tax liability
31         information in a corporation's annual report,
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                                                   HOUSE AMENDMENT
                                                   Bill No. HB 9-C
    Amendment No. ___ (for drafter's use only)
 1         and claims against a decedent's estate for
 2         intangible taxes; repealing s. 1 of ch.
 3         2001-225, Laws of Florida, relating to exempt
 4         values of property subject to the intangible
 5         personal property tax; providing effective
 6         dates.
 7  
 8  
 9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
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