Senate Bill sb3068

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    Florida Senate - 2004                                  SB 3068

    By Senator Haridopolos





    26-1101-04

  1                      A bill to be entitled

  2         An act relating to the tax on intangible

  3         personal property; amending s. 199.032, F.S.;

  4         reducing the annual rate of the tax; amending

  5         s. 199.202, F.S.; authorizing the executive

  6         director of the Department of Revenue to adopt

  7         emergency rules; amending s. 199.303, F.S.;

  8         providing legislative intent that the taxes

  9         imposed for specified years remain in effect

10         and remain collectible as specified; providing

11         for the future repeal of ss. 199.012, 199.023,

12         199.032, 199.033, 199.042, 199.052, 199.057,

13         199.062, 199.103, 199.1055, 199.106, 199.175,

14         and 199.185, F.S., which provide for annual

15         taxes on intangible personal property; amending

16         ss. 192.032, 192.042, 192.091, 193.114,

17         196.015, 196.199, 196.1993, 201.23, 212.02,

18         213.053, 213.054, 213.27, 213.31, 215.555,

19         220.1845, 288.039, 288.1045, 288.106,

20         376.30781, 493.6102, 516.031, 627.311, 627.351,

21         650.05, 655.071, 733.702, and 766.105, F.S., to

22         conform to such repeal; providing an effective

23         date.

24  

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

26  

27         Section 1.  Section 199.032, Florida Statutes, is

28  amended to read:

29         199.032  Levy of annual tax.--

30         (1)(a)  Beginning January 1, 2005, an annual tax of .66

31  1 mill is imposed on each dollar of the just valuation of all

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 1  intangible personal property that has a taxable situs in this

 2  state, except for notes and other obligations for the payment

 3  of money, other than bonds, which are secured by mortgage,

 4  deed of trust, or other lien upon real property situated in

 5  the state.

 6         (b)  Beginning January 1, 2006, an annual tax of .33

 7  mill is imposed on each dollar of the just valuation of the

 8  intangible personal property described in paragraph (a).

 9         (2)  The tax imposed under this section This tax shall

10  be assessed and collected as provided in this chapter.

11         Section 2.  Section 199.202, Florida Statutes, is

12  amended to read:

13         199.202  Administration of law; rules.--

14         (1)  The department shall administer and enforce the

15  assessment and collection of the taxes, interest, and

16  penalties imposed by this chapter. It may by rule prescribe

17  the form and content of all returns and reports. It has

18  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

19  to enforce the provisions of this chapter.

20         (2)  The executive director of the department may adopt

21  emergency rules under ss. 120.536(1) and 120.54 to administer

22  this chapter. The Legislature declares that all conditions to

23  adopting such emergency rules under those provisions have been

24  met. Notwithstanding any other law, such emergency rules shall

25  remain in effect for 6 months after the date of their adoption

26  and may be renewed during the pendency of procedures to adopt

27  rules addressing the subject of the emergency rules.

28         Section 3.  Effective January 1, 2007, subsection (3)

29  is added to section 199.303, Florida Statutes, to read:

30         199.303  Declaration of legislative intent.--

31  

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 1         (3)  It is the specific legislative intent that all

 2  annual intangible personal property taxes imposed under the

 3  Florida Statutes for the calendar years 2006 and earlier

 4  remain in full force and effect, during the period specified

 5  by s. 95.091, for the year in which the tax was due. It is the

 6  further legislative intent that the department continue to

 7  assess and collect all taxes due the state under these

 8  provisions for all periods available for assessment, as

 9  provided for the year in which the tax was due by s. 95.091.

10         Section 4.  Effective January 1, 2007, sections

11  199.012, 199.023, 199.032, 199.033, 199.042, 199.052, 199.057,

12  199.062, 199.103, 199.1055, 199.106, 199.175, and 199.185,

13  Florida Statutes, are repealed.

14         Section 5.  Effective January 1, 2007, subsection (5)

15  of section 192.032, Florida Statutes, is repealed.

16         Section 6.  Effective January 1, 2007, subsection (3)

17  of section 192.042, Florida Statutes, is repealed.

18         Section 7.  Effective January 1, 2007, subsections (5)

19  and (6) of section 192.091, Florida Statutes, are amended to

20  read:

21         192.091  Commissions of property appraisers and tax

22  collectors.--

23         (5)  Provided, that the provisions of This section does

24  shall not apply to commissions on intangible property taxes or

25  drainage district or drainage subdistrict taxes.; and

26         (6)  If a Provided, further, that where any property

27  appraiser or tax collector in the state is receiving

28  compensation for expenses in conducting his or her office or

29  by way of salary pursuant to any act of the Legislature other

30  than the general law fixing compensation of property

31  appraisers, the such property appraiser or tax collector may

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 1  file a declaration in writing with the board of county

 2  commissioners of his or her county electing to come under the

 3  provisions of this section, and thereupon the such property

 4  appraiser or tax collector shall be paid compensation in

 5  accordance with this section the provisions hereof, and shall

 6  not be entitled to the benefit of the said special or local

 7  act. If the such property appraiser or tax collector does not

 8  so elect, he or she shall continue to be paid such

 9  compensation as is may now be provided by law for such a

10  property appraiser or tax collector.

11         Section 8.  Effective January 1, 2007, subsection (4)

12  of section 193.114, Florida Statutes, is repealed.

13         Section 9.  Effective January 1, 2007, subsection (9)

14  of section 196.015, Florida Statutes, is repealed.

15         Section 10.  Effective January 1, 2007, paragraph (b)

16  of subsection (2) of section 196.199, Florida Statutes, is

17  amended to read:

18         196.199  Government property exemption.--

19         (2)  Property owned by the following governmental units

20  but used by nongovernmental lessees shall only be exempt from

21  taxation under the following conditions:

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

23  provided by this subsection shall not apply to those portions

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

25  Florida Statutes 2003, subject to the provisions of subsection

26  (7).  Such leasehold or other interest shall be taxed only as

27  intangible personal property pursuant to chapter 199 if rental

28  payments are due in consideration of such leasehold or other

29  interest.  If no rental payments are due pursuant to the

30  agreement creating such leasehold or other interest, the

31  leasehold or other interest shall be taxed as real property.

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 1  Nothing in This paragraph does not shall be deemed to exempt

 2  personal property, buildings, or other real property

 3  improvements owned by the lessee from ad valorem taxation.

 4         Section 11.  Effective January 1, 2007, section

 5  196.1993, Florida Statutes, is amended to read:

 6         196.1993  Certain agreements with local governments for

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

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

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

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

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

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

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

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

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

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

17  the ad valorem intangible tax and the ad valorem personal

18  property tax.

19         Section 12.  Effective January 1, 2007, subsection (4)

20  of section 201.23, Florida Statutes, is amended to read:

21         201.23  Foreign notes and other written obligations

22  exempt.--

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

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

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

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

27  delivered, shipped, received, signed, executed, assigned,

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

29  defined in s. 199.023(9), Florida Statutes 2003, in the

30  conduct of an international banking transaction, as defined in

31  s. 199.023(11), Florida Statutes 2003.  Nothing in This

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 1  subsection does not shall be construed to change the

 2  application of paragraph (2)(a).

 3         Section 13.  Effective January 1, 2007, subsection (19)

 4  of section 212.02, Florida Statutes, is amended to read:

 5         212.02  Definitions.--The following terms and phrases

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

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

 8  different meaning:

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

10  personal property that can which may be seen, weighed,

11  measured, or touched or is in any manner perceptible to the

12  senses, including electric power or energy, boats, motor

13  vehicles and mobile homes as defined in s. 320.01(1) and (2),

14  aircraft as defined in s. 330.27, and all other types of

15  vehicles.  The term "tangible personal property" does not

16  include stocks, bonds, notes, insurance, or other obligations

17  or securities,; intangibles as defined by the intangible tax

18  law of the state; or pari-mutuel tickets sold or issued under

19  the racing laws of the state.

20         Section 14.  Effective January 1, 2007, subsection (4),

21  paragraphs (k) and (p) of subsection (7), and paragraph (a) of

22  subsection (14) of section 213.053, Florida Statutes, are

23  amended to read:

24         213.053  Confidentiality and information sharing.--

25         (4)  Nothing contained in This section does not shall

26  prevent the department from publishing statistics so

27  classified as to prevent the identification of particular

28  accounts, reports, declarations, or returns or prevent the

29  department from disclosing to the Chief Financial Officer the

30  names and addresses of those taxpayers who have claimed an

31  

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

 2  to s. 220.63(5).

 3         (7)  Notwithstanding any other provision of this

 4  section, the department may provide:

 5         (k)1.  Payment information relative to chapters 199,

 6  201, 212, 220, 221, and 624 to the Office of Tourism, Trade,

 7  and Economic Development, or its employees or agents that are

 8  identified in writing by the office to the department, in the

 9  administration of the tax refund program for qualified defense

10  contractors authorized by s. 288.1045 and the tax refund

11  program for qualified target industry businesses authorized by

12  s. 288.106.

13         2.  Information relative to tax credits taken by a

14  business under s. 220.191 and exemptions or tax refunds

15  received by a business under s. 212.08(5)(j) to the Office of

16  Tourism, Trade, and Economic Development, or its employees or

17  agents that are identified in writing by the office to the

18  department, in the administration and evaluation of the

19  capital investment tax credit program authorized in s. 220.191

20  and the semiconductor, defense, and space tax exemption

21  program authorized in s. 212.08(5)(j).

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

23  and 376.30781 to the Department of Environmental Protection in

24  the conduct of its official business.

25  

26  Disclosure of information under this subsection shall be

27  pursuant to a written agreement between the executive director

28  and the agency.  Such agencies, governmental or

29  nongovernmental, shall be bound by the same requirements of

30  confidentiality as the Department of Revenue.  Breach of

31  

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 1  confidentiality is a misdemeanor of the first degree,

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

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

 4  section, the department shall, subject to the safeguards

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

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

 7  federal employer identification number, and duration of tax

 8  filings with this state of all corporate or partnership

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

10  the Division of Corporations and which have filed tax returns

11  pursuant to either chapter 199 or chapter 220.

12         Section 15.  Effective January 1, 2007, section

13  213.054, Florida Statutes, is amended to read:

14         213.054  Persons claiming tax exemptions or deductions;

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

16  for monitoring the utilization of tax exemptions and tax

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

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

19  department shall report to the Chief Financial Officer the

20  names and addresses of all persons who have claimed an

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

22  to s. 220.63(5).

23         Section 16.  Effective January 1, 2007, section 213.27,

24  Florida Statutes, is amended to read:

25         213.27  Contracts with debt collection agencies and

26  certain vendors.--

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

28  collecting any delinquent taxes due from a taxpayer, including

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

30  with any debt collection agency or attorney doing business

31  within or without this state for the collection of such

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 1  delinquent taxes including penalties and interest thereon. The

 2  department may also share confidential information pursuant to

 3  the contract necessary for the collection of delinquent taxes

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

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

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

 7  its authorized representative 30 days prior to commencing any

 8  litigation to recover any delinquent taxes.  The taxpayer must

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

10  department assigning the collection of any taxes to the debt

11  collection agency.

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

13  individual or business for the purpose of identifying

14  intangible personal property tax liability.  Contracts may

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

16  intangible personal property, the determination of value of

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

18  collection of taxes due, including applicable penalties and

19  interest thereon. The department may share confidential

20  information pursuant to the contract necessary for the

21  identification of taxable intangible personal property.

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

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

24  the department assigning identification of intangible personal

25  property to an individual or business.

26         (2)(3)  Any contract may provide, in the discretion of

27  the executive director of the Department of Revenue, the

28  manner in which the compensation for such services will be

29  paid.  Under standards established by the department, such

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

31  

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

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

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

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

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

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

 7  shall be prescribed by the department.

 8         (4)(5)  The department shall require a bond from the

 9  debt collection agency or the individual or business

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

11  guaranteeing compliance with the terms of the contract.

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

13  agency if the agency does not actually collect and remit

14  delinquent funds to the department.

15         (5)(6)  The department may, for the purpose of

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

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

18  any auditing agency doing business within or without this

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

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

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

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

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

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

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

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

27  days before the department assigns the collection of such

28  taxes.

29         (6)(7)  Confidential information shared by the

30  department with debt collection or auditing agencies or

31  individuals or businesses with which the department has

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

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

 3  and individuals or businesses with which the department has

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

 5  requirements of confidentiality as the Department of Revenue.

 6  Breach of confidentiality is a misdemeanor of the first

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

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

 9  enter into contracts with private vendors to develop and

10  implement systems to enhance tax collections where

11  compensation to the vendors is funded through increased tax

12  collections.  The amount of compensation paid to a vendor

13  shall be based on a percentage of increased tax collections

14  attributable to the system after all administrative and

15  judicial appeals are exhausted, and the total amount of

16  compensation paid to a vendor shall not exceed the maximum

17  amount stated in the contract.

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

19  a contract authorized by this subsection does not exercise any

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

21  agent of the department for the purposes of developing and

22  implementing a system to enhance tax collection.

23         (c)  Disclosure of information under this subsection

24  shall be pursuant to a written agreement between the executive

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

26  by the same requirements of confidentiality as the department.

27  Breach of confidentiality is a misdemeanor of the first

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

29         Section 17.  Effective January 1, 2007, section 213.31,

30  Florida Statutes, is amended to read:

31  

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 1         213.31  Corporation Tax Administration Trust

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

 3  Corporation Tax Administration Trust Fund.  Moneys in the fund

 4  are hereby appropriated to the Department of Revenue for the

 5  administration of taxes levied upon corporations, including,

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

 7  220, or chapter 221.

 8         Section 18.  Effective January 1, 2007, paragraph (c)

 9  of subsection (6) of section 215.555, Florida Statutes, is

10  amended to read:

11         215.555  Florida Hurricane Catastrophe Fund.--

12         (6)  REVENUE BONDS.--

13         (c)  Florida Hurricane Catastrophe Fund Finance

14  Corporation.--

15         1.  In addition to the findings and declarations in

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

17         a.  The public benefits corporation created under this

18  paragraph will provide a mechanism necessary for the

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

20  will eliminate unnecessary costs in the bond issuance process,

21  thereby increasing the amounts available to pay reimbursement

22  for losses to property sustained as a result of hurricane

23  damage.

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

25  through the Florida Hurricane Catastrophe Fund to pay for the

26  costs of construction, reconstruction, repair, restoration,

27  and other costs associated with damage to properties of

28  policyholders of covered policies due to the occurrence of a

29  hurricane.

30         c.  The efficacy of the financing mechanism will be

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

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 1  the insulation of the assessments from possible bankruptcy

 2  proceedings, and by covenants of the state with the

 3  corporation's bondholders.

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

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

 6  Florida Hurricane Catastrophe Fund Finance Corporation.

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

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

 9  the Chief Financial Officer or a designee, the Attorney

10  General or a designee, the director of the Division of Bond

11  Finance of the State Board of Administration, and the senior

12  employee of the State Board of Administration responsible for

13  operations of the Florida Hurricane Catastrophe Fund.

14         c.  The corporation has all of the powers of

15  corporations under chapter 607 and under chapter 617, subject

16  only to the provisions of this subsection.

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

18  other financial transactions as are necessary to provide

19  sufficient funds to achieve the purposes of this section.

20         e.  The corporation may invest in any of the

21  investments authorized under s. 215.47.

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

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

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

25  the performance of their duties under this paragraph.

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

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

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

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

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

31  of the Second Judicial Circuit.

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

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

 3  power of the board to direct the Office of Insurance

 4  Regulation to levy the assessments and to collect the proceeds

 5  of the revenues pledged to the payment of such bonds as long

 6  as any such bonds remain outstanding unless adequate provision

 7  has been made for the payment of such bonds pursuant to the

 8  documents authorizing the issuance of such bonds.

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

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

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

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

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

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

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

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

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

18  corporation; the transactions and operations of the

19  corporation and the income from such transactions and

20  operations; and all bonds issued under this paragraph and

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

22  and any political subdivision, including the intangibles tax

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

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

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

26  corporations other than the Florida Hurricane Catastrophe Fund

27  Finance Corporation.

28         b.  All bonds of the corporation shall be and

29  constitute legal investments without limitation for all public

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

31  banks, savings associations, savings and loan associations,

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 1  and investment companies; for all administrators, executors,

 2  trustees, and other fiduciaries; for all insurance companies

 3  and associations and other persons carrying on an insurance

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

 5  hereafter be authorized to invest in bonds or other

 6  obligations of the state and shall be and constitute eligible

 7  securities to be deposited as collateral for the security of

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

 9  sub-subparagraph shall be considered as additional and

10  supplemental authority and shall not be limited without

11  specific reference to this sub-subparagraph.

12         6.  The corporation and its corporate existence shall

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

14  take effect as long as the corporation has bonds outstanding

15  unless adequate provision has been made for the payment of

16  such bonds pursuant to the documents authorizing the issuance

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

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

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

20         Section 19.  Effective January 1, 2007, section

21  220.1845, Florida Statutes, is amended to read:

22         220.1845  Contaminated site rehabilitation tax

23  credit.--

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

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

26  of voluntary cleanup activity that is integral to site

27  rehabilitation at the following sites is available against any

28  tax due for a taxable year under this chapter:

29         1.  A drycleaning-solvent-contaminated site eligible

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

31  

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

 2  cleanup is undertaken by the real property owner pursuant to

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

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

 5  facility where the contamination exists; or

 6         3.  A brownfield site in a designated brownfield area

 7  under s. 376.80.

 8         (b)  A tax credit applicant, or multiple tax credit

 9  applicants working jointly to clean up a single site, may not

10  be granted more than $250,000 per year in tax credits for each

11  site voluntarily rehabilitated. Multiple tax credit applicants

12  shall be granted tax credits in the same proportion as their

13  contribution to payment of cleanup costs. Subject to the same

14  conditions and limitations as provided in this section, a

15  municipality, county, or other tax credit applicant which

16  voluntarily rehabilitates a site may receive not more than

17  $250,000 per year in tax credits which it can subsequently

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

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

20  fully used in any one year because of insufficient tax

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

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

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

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

25  which the corporation is eligible in that year under this

26  section after applying the other credits and unused carryovers

27  in the order provided by s. 220.02(8). Five years after the

28  date a credit is granted under this section, such credit

29  expires and may not be used. However, if during the 5-year

30  period the credit is transferred, in whole or in part,

31  

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 1  pursuant to paragraph (g) (h), each transferee has 5 years

 2  after the date of transfer to use its credit.

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

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

 5  220.131(1) may be allowed the credit on a consolidated return

 6  basis up to the amount of tax imposed upon the consolidated

 7  group.

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

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

10  tax year.

11         (e)(f)  A tax credit applicant that receives

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

13  rehabilitation of a drycleaning-solvent-contaminated site is

14  ineligible to receive credit under this section for costs

15  incurred by the tax credit applicant in conjunction with the

16  rehabilitation of that site during the same time period that

17  state-administered site rehabilitation was underway.

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

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

20  annually.

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

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

23  transferred after a merger or acquisition to the surviving or

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

25  limitations.

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

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

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

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

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

31  in this section. Such transferred credits may not be

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 1  transferred again although they may succeed to a surviving or

 2  acquiring entity subject to the same conditions and

 3  limitations as described in this section.

 4         3.  If In the event the credit provided for under this

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

 6  the Department of Environmental Protection or an examination

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

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

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

10  of credit taken. Any subsequent deficiencies shall be assessed

11  against any entity acquiring and claiming such credit, or in

12  the case of multiple succeeding entities in the order of

13  credit succession.

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

15  rehabilitation at contaminated sites being voluntarily cleaned

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

17  credit applicant may claim an additional 10 percent of the

18  total cleanup costs, not to exceed $50,000, in the final year

19  of cleanup as evidenced by the Department of Environmental

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

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

22  to obtain credit under this section must submit with its

23  return a tax credit certificate approving partial tax credits

24  issued by the Department of Environmental Protection under s.

25  376.30781.

26         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

27  FORFEITURE.--

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

29  prescribe any necessary forms required to claim a tax credit

30  under this section and to provide the administrative

31  guidelines and procedures required to administer this section.

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 1         (b)  In addition to its existing audit and

 2  investigation authority relating to chapter 199 and this

 3  chapter, the Department of Revenue may perform any additional

 4  financial and technical audits and investigations, including

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

 6  applicant, which are necessary to verify the site

 7  rehabilitation costs included in a tax credit return and to

 8  ensure compliance with this section. The Department of

 9  Environmental Protection shall provide technical assistance,

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

11  audits performed pursuant to this section.

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

13  and received tax credits if the Department of Revenue

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

15  received from the Department of Environmental Protection, that

16  a taxpayer received tax credits pursuant to this section to

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

18  taxpayer shall be prohibited from claiming any future tax

19  credits under this section or s. 199.1055.

20         1.  The taxpayer is responsible for returning forfeited

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

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

23         2.  The taxpayer shall file with the Department of

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

25  Department of Revenue prescribes by rule and shall pay any

26  required tax within 60 days after the taxpayer receives

27  notification from the Department of Environmental Protection

28  pursuant to s. 376.30781 that previously approved tax credits

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

30  days after a final order is issued following proceedings

31  involving a contested revocation or modification order.

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

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

 3  date the taxpayer receives notification from the Department of

 4  Environmental Protection pursuant to s. 376.30781 that

 5  previously approved tax credits have been revoked or modified.

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

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

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

 9  proposed assessment set forth in such notice of deficiency

10  shall be limited to the amount of any deficiency resulting

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

12  tax for the taxable year.

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

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

15  in violation of this section and is subject to applicable

16  penalty and interest.

17         Section 20.  Effective January 1, 2007, paragraph (b)

18  of subsection (2) of section 288.039, Florida Statutes, is

19  amended to read:

20         288.039  Employing and Training our Youths (ENTRY).--

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

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

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

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

25  by that business:

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

27  chapter 212.

28         2.  Corporate income taxes under chapter 220.

29         3.  Intangible personal property taxes under chapter

30  199.

31         3.4.  Emergency excise taxes under chapter 221.

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 1         4.5.  Excise taxes on documents under chapter 201.

 2         5.6.  Ad valorem taxes paid, as defined in s.

 3  220.03(1).

 4         6.7.  Insurance premium taxes under s. 624.509.

 5         7.8.  Occupational license fees under chapter 205.

 6  

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

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

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

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

11  taxes or fees are subsequently adjusted by the application of

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

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

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

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

16  tender payment to the office within 20 days after receiving

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

18  in this section.

19         Section 21.  Effective January 1, 2007, paragraph (f)

20  of subsection (2) and paragraphs (b), (c), and (d) of

21  subsection (3) of section 288.1045, Florida Statutes, are

22  amended to read:

23         288.1045  Qualified defense contractor tax refund

24  program.--

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

26         (f)  After entering into a tax refund agreement

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

28  refunds from the Economic Development Trust Fund for the

29  following taxes due and paid by the qualified applicant

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

31  after entering into the agreement:

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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.

 9         4.5.  Excise taxes paid on documents pursuant to

10  chapter 201.

11         5.6.  Ad valorem taxes paid, as defined in s.

12  220.03(1)(a) on June 1, 1996.

13  

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

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

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

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

18  are subsequently adjusted by the application of any credit,

19  refund, or exemption granted to the qualified applicant other

20  than that provided in this section, the qualified applicant

21  shall reimburse the Economic Development Trust Fund for the

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

23  applicant must notify and tender payment to the office within

24  20 days after receiving a credit, refund, or exemption, other

25  than that provided in this section.

26         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

27  DETERMINATION.--

28         (b)  Applications for certification based on the

29  consolidation of a Department of Defense contract or a new

30  Department of Defense contract must be submitted to the office

31  

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

 2  limited to, the following information:

 3         1.  The applicant's federal employer identification

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

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

 6         2.  The permanent location of the manufacturing,

 7  assembling, fabricating, research, development, or design

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

 9  located.

10         3.  The Department of Defense contract numbers of the

11  contract to be consolidated, the new Department of Defense

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

13  of Defense contract.

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

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

16  is expected to expire.

17         5.  The commencement date for project operations under

18  the contract in this state.

19         6.  The number of net new full-time equivalent Florida

20  jobs included in the project as of December 31 of each year

21  and the average wage of such jobs.

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

23  employed by the applicant in this state.

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

25  derived from Department of Defense contracts during the 5

26  taxable years immediately preceding the date the application

27  is submitted.

28         9.  The amount of:

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

30  pursuant to chapter 212;

31  

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 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  for 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

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 1  project be exempt from the local financial support

 2  requirement.

 3         13.  Any additional information requested by the

 4  office.

 5         (c)  Applications for certification based on the

 6  conversion of defense production jobs to nondefense production

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

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

 9  information:

10         1.  The applicant's federal employer identification

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

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

13         2.  The permanent location of the manufacturing,

14  assembling, fabricating, research, development, or design

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

16  located.

17         3.  The Department of Defense contract numbers of the

18  contract under which the defense production jobs will be

19  converted to nondefense production jobs.

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

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

22  canceled.

23         5.  The commencement date for the nondefense production

24  operations in this state.

25         6.  The number of net new full-time equivalent Florida

26  jobs included in the nondefense production project as of

27  December 31 of each year and the average wage of such jobs.

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

29  employed by the applicant in this state.

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

31  derived from Department of Defense contracts during the 5

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 1  taxable years immediately preceding the date the application

 2  is submitted.

 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; and

14         e.f.  Ad valorem taxes paid

15  

16  during the 5 fiscal years immediately preceding the date of

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

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

19  the application.

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

21  for each fiscal year.

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

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

24  applicant.

25         12.  A resolution adopted by the county commissioners

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

27  recommends the applicant be approved as a qualified applicant,

28  and which indicates that the necessary commitments of local

29  financial support for the applicant exist. Prior to the

30  adoption of the resolution, the county commission may review

31  the proposed public or private sources of such support and

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 1  determine whether the proposed sources of local financial

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

 3  located in a county designated by the Rural Economic

 4  Development Initiative, a resolution adopted by the county

 5  commissioners of such county requesting that the applicant's

 6  project be exempt from the local financial support

 7  requirement.

 8         13.  Any additional information requested by the

 9  office.

10         (d)  Applications for certification based on a contract

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

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

13  are not limited to, the following information:

14         1.  The applicant's Florida sales tax registration

15  number and a notarized signature of an officer of the

16  applicant.

17         2.  The permanent location of the manufacturing,

18  assembling, fabricating, research, development, or design

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

20  located.

21         3.  The business entity holding a valid Department of

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

23  States that previously occupied the facility, and the date

24  such entity last occupied the facility.

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

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

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

28  facility.

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

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

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

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 1         6.  The commencement date for project operations under

 2  the contract in this state.

 3         7.  The number of net new full-time equivalent Florida

 4  jobs included in the project as of December 31 of each year

 5  and the average wage of such jobs.

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

 7  employed by the applicant in this state.

 8         9.  The amount of:

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

10  pursuant to chapter 212.

11         b.  Corporate income taxes paid pursuant to chapter

12  220.

13         c.  Intangible personal property taxes paid pursuant to

14  chapter 199.

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

16  221.

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

18  chapter 201.

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

20  immediately preceding the date of the application, and the

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

22  years immediately following the date of the application.

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

24  for each fiscal year.

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

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

27  applicant.

28         12.  A resolution adopted by the county commissioners

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

30  recommends the applicant be approved as a qualified applicant,

31  and which indicates that the necessary commitments of local

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 1  financial support for the applicant exist. Prior to the

 2  adoption of the resolution, the county commission may review

 3  the proposed public or private sources of such support and

 4  determine whether the proposed sources of local financial

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

 6  located in a county designated by the Rural Economic

 7  Development Initiative, a resolution adopted by the county

 8  commissioners of such county requesting that the applicant's

 9  project be exempt from the local financial support

10  requirement.

11         13.  Any additional information requested by the

12  office.

13         Section 22.  Effective January 1, 2007, paragraph (c)

14  of subsection (2) of section 288.106, Florida Statutes, is

15  amended to read:

16         288.106  Tax refund program for qualified target

17  industry businesses.--

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

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

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

21         1.  Receive refunds from the account for the following

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

23  taxable year of the business which begins after entering into

24  the agreement:

25         a.  Corporate income taxes under chapter 220.

26         b.  Insurance premium tax under s. 624.509.

27         2.  Receive refunds from the account for the following

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

29  agreement:

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

31  chapter 212.

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 1         b.  Intangible personal property taxes under chapter

 2  199.

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

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

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

 6  220.03(1).

 7         Section 23.  Effective January 1, 2007, paragraph (a)

 8  of subsection (2) and subsections (3) and (12) of section

 9  376.30781, Florida Statutes, are amended to read:

10         376.30781  Partial tax credits for rehabilitation of

11  drycleaning-solvent-contaminated sites and brownfield sites in

12  designated brownfield areas; application process; rulemaking

13  authority; revocation authority.--

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

15  costs of voluntary cleanup activity that is integral to site

16  rehabilitation at the following sites is allowed pursuant to

17  s. ss. 199.1055 and 220.1845:

18         1.  A drycleaning-solvent-contaminated site eligible

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

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

21  cleanup is undertaken by the real property owner pursuant to

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

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

24  facility where the contamination exists; or

25         3.  A brownfield site in a designated brownfield area

26  under s. 376.80.

27         (3)  The Department of Environmental Protection shall

28  be responsible for allocating the tax credits provided for in

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

30  million in tax credits annually.

31  

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 1         (12)  A tax credit applicant who receives state-funded

 2  site rehabilitation under s. 376.3078(3) for rehabilitation of

 3  a drycleaning-solvent-contaminated site is ineligible to

 4  receive a tax credit under s. 199.1055 or s. 220.1845 for

 5  costs incurred by the tax credit applicant in conjunction with

 6  the rehabilitation of that site during the same time period

 7  that state-administered site rehabilitation was underway.

 8         Section 24.  Effective January 1, 2007, subsection (13)

 9  of section 493.6102, Florida Statutes, is amended to read:

10         493.6102  Inapplicability of this chapter.--This

11  chapter shall not apply to:

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

13  a church or ecclesiastical or denominational organization

14  having an established physical place of worship in this state

15  at which nonprofit religious services and activities are

16  regularly conducted or by a church cemetery religious

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

18  on the institution property of the organization or cemetery,

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

20  duties.

21         Section 25.  Effective January 1, 2007, paragraph (a)

22  of subsection (3) of section 516.031, Florida Statutes, is

23  amended to read:

24         516.031  Finance charge; maximum rates.--

25         (3)  OTHER CHARGES.--

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

27  insurance charges herein provided for, no further or other

28  charges or amount whatsoever for any examination, service,

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

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

31  to the grant of a loan, except:

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

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

 3  person applying for the loan;

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

 5  each line-of-credit account;

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

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

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

 9  third party and supported by an actual expenditure;

10         4.  Intangible personal property tax on the loan note

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

12         4.5.  The documentary excise tax and lawful fees, if

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

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

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

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

17         5.6.  The premium payable for any insurance in lieu of

18  perfecting any security interest otherwise required by the

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

20  exceed the fees which would otherwise be payable, which

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

22  thereafter;

23         6.7.  Actual and reasonable attorney's fees and court

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

25         7.8.  Actual and commercially reasonable expenses of

26  repossession, storing, repairing and placing in condition for

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

28         8.9.  A delinquency charge not to exceed $10 for each

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

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

31  before imposing the charge.

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 1  

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

 3  total of all charges authorized and permitted by this chapter

 4  constitute a violation of chapter 687 governing interest and

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

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

 7  borrower with the amount of the overcharge immediately but

 8  within 20 days from the discovery of such error.

 9         Section 26.  Effective January 1, 2007, paragraph (m)

10  of subsection (5) of section 627.311, Florida Statutes, is

11  amended to read:

12         627.311  Joint underwriters and joint reinsurers;

13  public records and public meetings exemptions.--

14         (5)

15         (m)  Each joint underwriting plan or association

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

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

18  the joint underwriting plan is a political subdivision of the

19  state and is exempt from the corporate income tax.

20         Section 27.  Effective January 1, 2007, paragraph (j)

21  of subsection (6) of section 627.351, Florida Statutes, is

22  amended to read:

23         627.351  Insurance risk apportionment plans.--

24         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

25         (j)  For the purposes of s. 199.183(1), The corporation

26  shall be considered a political subdivision of the state and

27  shall be exempt from the corporate income tax. The premiums,

28  assessments, investment income, and other revenue of the

29  corporation are funds received for providing property

30  insurance coverage as required by this subsection, paying

31  claims for Florida citizens insured by the corporation,

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 1  securing and repaying debt obligations issued by the

 2  corporation, and conducting all other activities of the

 3  corporation, and shall not be considered taxes, fees,

 4  licenses, or charges for services imposed by the Legislature

 5  on individuals, businesses, or agencies outside state

 6  government. Bonds and other debt obligations issued by or on

 7  behalf of the corporation are not to be considered "state

 8  bonds" within the meaning of s. 215.58(8). The corporation is

 9  not subject to the procurement provisions of chapter 287, and

10  policies and decisions of the corporation relating to

11  incurring debt, levying of assessments and the sale, issuance,

12  continuation, terms and claims under corporation policies, and

13  all services relating thereto, are not subject to the

14  provisions of chapter 120. The corporation is not required to

15  obtain or to hold a certificate of authority issued by the

16  office, nor is it required to participate as a member insurer

17  of the Florida Insurance Guaranty Association. However, the

18  corporation is required to pay, in the same manner as an

19  authorized insurer, assessments pledged by the Florida

20  Insurance Guaranty Association to secure bonds issued or other

21  indebtedness incurred to pay covered claims arising from

22  insurer insolvencies caused by, or proximately related to,

23  hurricane losses. It is the intent of the Legislature that the

24  tax exemptions provided in this paragraph will augment the

25  financial resources of the corporation to better enable the

26  corporation to fulfill its public purposes. Any bonds issued

27  by the corporation, their transfer, and the income therefrom,

28  including any profit made on the sale thereof, shall at all

29  times be free from taxation of every kind by the state and any

30  political subdivision or local unit or other instrumentality

31  thereof; however, this exemption does not apply to any tax

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 1  imposed by chapter 220 on interest, income, or profits on debt

 2  obligations owned by corporations other than the corporation.

 3         Section 28.  Effective January 1, 2007, paragraph (b)

 4  of subsection (6) of section 650.05, Florida Statutes, is

 5  amended to read:

 6         650.05  Plans for coverage of employees of political

 7  subdivisions.--

 8         (6)

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

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

11  minimum foundation program grants to public school districts

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

13  cigarette, racing, and insurance premium taxes distributed to

14  political subdivisions; and amounts specifically appropriated

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

16  mosquito control programs.

17         Section 29.  Effective January 1, 2007, subsection (1)

18  of section 655.071, Florida Statutes, is amended to read:

19         655.071  International banking facilities; definitions;

20  notice before establishment.--

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

22  asset and liability accounts segregated on the books and

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

24  s. 199.023, Florida Statutes 2003, that includes only

25  international banking facility deposits, borrowings, and

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

27  commission pursuant to subsection (2).

28         Section 30.  Effective January 1, 2007, subsection (5)

29  of section 733.702, Florida Statutes, is repealed.

30  

31  

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 1         Section 31.  Effective January 1, 2007, paragraph (a)

 2  of subsection (1) of section 766.105, Florida Statutes, is

 3  amended to read:

 4         766.105  Florida Patient's Compensation Fund.--

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

 6  the interpretation and enforcement of this section:

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

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

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

10  the fund shall be considered a political subdivision of this

11  state.

12         Section 32.  Except as otherwise expressly provided in

13  this act, this act shall take effect January 1, 2005.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Provides for the gradual reduction of the annual rate of
      the tax on intangible personal property. Provides for the
18    repeal of the tax effective January 1, 2007. Provides
      that the taxes levied for calendar year 2006 and before
19    remain in effect and collectible. Authorizes the
      executive director of the Department of Revenue to adopt
20    emergency rules.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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