HB 0963

1	A bill to be entitled
2	An act relating to the annual intangible personal property
3	tax; repealing ss. 199.012, 199.023, 199.032, 199.033,
4	199.042, 199.052, 199.057, 199.062, 199.103, 199.1055,
5	199.106, and 199.175, F.S., relating to the annual
6	intangible personal property tax; amending s. 199.303,
7	F.S.; providing additional legislative intent relating to
8	the annual intangible personal property tax; amending ss.
9	192.032, 192.042, 192.091, 193.114, 196.015, 196.199,
10	196.1993, 199.133, 199.183, 199.185, 199.232, 199.282,
11	199.292, 201.23, 212.02, 213.053, 213.054, 213.27,
12	220.1845, 288.039, 288.1045, 288.106, 288.1067, 341.840,
13	376.30781, 493.6102, 516.031, 650.05, 655.071, and
14	733.702, F.S., to conform provisions to the repeal of the
15	annual intangible personal property tax; authorizing the
16	Department of Revenue to adopt emergency implementing
17	rules for a certain time; providing effective dates.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Sections 199.012, 199.023, 199.032, 199.033,
22	199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
23	and 199.175, Florida Statutes, are repealed.
24	Section 2.  Subsections (5), (6), and (7) of section
25	192.032, Florida Statutes, are amended to read:
26	192.032  Situs of property for assessment purposes.--All
27	property shall be assessed according to its situs as follows:
28	(5)  Intangible personal property, according to the rules
29	laid down in chapter 199.
30	(5)(6)(a)  Notwithstanding the provisions of subsection
31	(2), personal property used as a marine cargo container in the
32	conduct of foreign or interstate commerce shall not be deemed to
33	have acquired a taxable situs within a county when the property
34	is temporarily halted or stored within the state for a period
35	not exceeding 180 days.
36	(b)  "Marine cargo container" means a nondisposable
37	receptacle which is of a permanent character, strong enough to
38	be suitable for repeated use; which is specifically designed to
39	facilitate the carriage of goods by one or more modes of
40	transport, one of which shall be by ocean vessel, without
41	intermediate reloading; and which is fitted with devices
42	permitting its ready handling, particularly in the transfer from
43	one transport mode to another. The term "marine cargo container"
44	includes a container when carried on a chassis but does not
45	include a vehicle or packaging.
46	(6)(7)  Notwithstanding any other provision of this
47	section, tangible personal property used in traveling shows such
48	as carnivals, ice shows, or circuses shall be deemed to be
49	physically present or habitually located or typically present
50	only to the extent the value of such property is multiplied by a
51	fraction, the numerator of which is the number of days such
52	property is present in Florida during the taxable year and the
53	denominator of which is the number of days in the taxable year.
54	However, railroad property of such traveling shows shall be
55	taxable under s. 193.085(4)(b) and not under this section.
56	Section 3.  Subsection (3) of section 192.042, Florida
57	Statutes, is amended to read:
58	192.042  Date of assessment.--All property shall be
59	assessed according to its just value as follows:
60	(3)  Intangible personal property, according to the rules
61	laid down in chapter 199.
62	Section 4.  Subsections (5) and (6) of section 192.091,
63	Florida Statutes, are amended to read:
64	192.091  Commissions of property appraisers and tax
65	collectors.--
66	(5)  Provided, that The provisions of this section shall
67	not apply to commissions on intangible property taxes or
68	drainage district or drainage subdistrict taxes.; and
69	(6)  If Provided, further, that where any property
70	appraiser or tax collector in the state is receiving
71	compensation for expenses in conducting his or her office or by
72	way of salary pursuant to any act of the Legislature other than
73	the general law fixing compensation of property appraisers, such
74	property appraiser or tax collector may file a declaration in
75	writing with the board of county commissioners of his or her
76	county electing to come under the provisions of this section,
77	and thereupon such property appraiser or tax collector shall be
78	paid compensation in accordance with the provisions hereof, and
79	shall not be entitled to the benefit of the said special or
80	local act. If such property appraiser or tax collector does not
81	so elect, he or she shall continue to be paid such compensation
82	as may now be provided by law for such property appraiser or tax
83	collector.
84	Section 5.  Subsections (4), (5), and (6) of section
85	193.114, Florida Statutes, are amended to read:
86	193.114  Preparation of assessment rolls.--
87	(4)  The department shall promulgate regulations and forms
88	for the preparation of the intangible personal property roll to
89	comply with chapter 199.
90	(4)(5)  For every change made to the assessed or taxable
91	value of a parcel on an assessment roll subsequent to the
92	mailing of the notice provided for in s. 200.069, the property
93	appraiser shall document the reason for such change in the
94	public records of the office of the property appraiser in a
95	manner acceptable to the executive director or the executive
96	director's designee. For every change that decreases the
97	assessed or taxable value of a parcel on an assessment roll
98	between the time of complete submission of the tax roll pursuant
99	to s. 193.1142(3) and mailing of the notice provided for in s.
100	200.069, the property appraiser shall document the reason for
101	such change in the public records of the office of the property
102	appraiser in a manner acceptable to the executive director or
103	the executive director's designee. Changes made by the value
104	adjustment board are not subject to the requirements of this
105	subsection.
106	(5)(6)  For proprietary purposes, including the furnishing
107	or sale of copies of the tax roll under s. 119.07(1), the
108	property appraiser is the custodian of the tax roll and the
109	copies of it which are maintained by any state agency. The
110	department or any state or local agency may use copies of the
111	tax roll received by it for official purposes and shall permit
112	inspection and examination thereof under s. 119.07(1), but is
113	not required to furnish copies of the records. A social security
114	number submitted under s. 196.011(1) is confidential and exempt
115	from s. 24(a), Art. I of the State Constitution and the
116	provisions of s. 119.07(1). A copy of documents containing the
117	numbers furnished or sold by the property appraiser, except a
118	copy furnished to the department, or a copy of documents
119	containing social security numbers provided by the department or
120	any state or local agency for inspection or examination by the
121	public, must exclude those social security numbers.
122	Section 6.  Subsection (9) of section 196.015, Florida
123	Statutes, is amended to read:
124	196.015  Permanent residency; factual determination by
125	property appraiser.--Intention to establish a permanent
126	residence in this state is a factual determination to be made,
127	in the first instance, by the property appraiser. Although any
128	one factor is not conclusive of the establishment or
129	nonestablishment of permanent residence, the following are
130	relevant factors that may be considered by the property
131	appraiser in making his or her determination as to the intent of
132	a person claiming a homestead exemption to establish a permanent
133	residence in this state:
134	(9)  The previous filing of Florida intangible tax returns
135	by the applicant.
136	Section 7.  Paragraph (b) of subsection (2) of section
137	196.199, Florida Statutes, is amended to read:
138	196.199  Government property exemption.--
139	(2)  Property owned by the following governmental units but
140	used by nongovernmental lessees shall only be exempt from
141	taxation under the following conditions:
142	(b)  Except as provided in paragraph (c), the exemption
143	provided by this subsection shall not apply to those portions of
144	a leasehold or other possessory interest in real property,
145	except for any leasehold or other possessory interest described
146	in s. 4(a), Art. VII of the State Constitution or subsection
147	(7), owned by the United States, the state, any political
148	subdivision of the state, any municipality of the state, or any
149	agency, authority, and other public body corporate of the state,
150	which are undeveloped or predominantly used for residential or
151	commercial purposes and upon which rental payments are due
152	defined by s. 199.023(1)(d), subject to the provisions of
153	subsection (7). Such leasehold or other interest shall be taxed
154	only as intangible personal property pursuant to chapter 199 if
155	rental payments are due in consideration of such leasehold or
156	other interest. If no rental payments are due pursuant to the
157	agreement creating such leasehold or other interest, the
158	leasehold or other interest shall be taxed as real property.
159	Nothing in this paragraph shall be deemed to exempt personal
160	property, buildings, or other real property improvements owned
161	by the lessee from ad valorem taxation.
162	Section 8.  Section 196.1993, Florida Statutes, is amended
163	to read:
164	196.1993  Certain agreements with local governments for use
165	of public property; exemption.--Any agreement entered into with
166	a local governmental authority prior to January 1, 1969, for use
167	of public property, under which it was understood and agreed in
168	a written instrument or by special act that no ad valorem real
169	property taxes would be paid by the licensee or lessee, shall be
170	deemed a license or management agreement for the use or
171	management of public property. Such interest shall be deemed not
172	to convey an interest in the property and shall not be subject
173	to ad valorem real property taxation. Nothing in this section
174	shall be deemed to exempt such licensee from the ad valorem
175	intangible tax and the ad valorem personal property tax.
176	Section 9.  Subsection (2) of section 199.133, Florida
177	Statutes, is amended to read:
178	199.133  Levy of nonrecurring tax; relationship to annual
179	tax.--
180	(2)  The nonrecurring tax shall apply to a note, bond, or
181	other obligation for payment of money only to the extent it is
182	secured by mortgage, deed of trust, or other lien upon real
183	property situated in this state. Where a note, bond, or other
184	obligation is secured by personal property or by real property
185	situated outside this state, as well as by mortgage, deed of
186	trust, or other lien upon real property situated in this state,
187	then the nonrecurring tax shall apply to that portion of the
188	note, bond, or other obligation which bears the same ratio to
189	the entire principal balance of the note, bond, or other
190	obligation as the value of the real property situated in this
191	state bears to the value of all of the security; however, if the
192	security is solely made up of personal property and real
193	property situated in this state, the taxpayer may elect to
194	apportion the taxes based upon the value of the collateral, if
195	any, to which the taxpayer by law or contract must look first
196	for collection. In no event shall the portion of the note, bond,
197	or other obligation which is subject to the nonrecurring tax
198	exceed in value the value of the real property situated in this
199	state which is the security. The portion of a note, bond, or
200	other obligation which is not subject to the nonrecurring tax
201	shall be subject to the annual tax unless otherwise exempt.
202	Section 10.  Subsection (4) of section 199.183, Florida
203	Statutes, is amended to read:
204	199.183  Taxpayers exempt from annual and nonrecurring
205	taxes.--
206	(4)  Intangible personal property that is owned, managed,
207	or controlled by a trustee of a trust is exempt from annual tax
208	under this chapter. This exemption does not exempt from annual
209	tax a resident of this state who has a taxable beneficial
210	interest, as defined in s. 199.023, in a trust.
211	Section 11.  Section 199.185, Florida Statutes, is amended
212	to read:
213	199.185  Property exempted from annual and nonrecurring
214	taxes.--
215	(1)  The following intangible personal property shall be
216	exempt from the annual and nonrecurring tax taxes imposed by
217	this chapter:
218	(a)  Money.
219	(b)  Franchises.
220	(c)  Any interest as a partner in a partnership, either
221	general or limited, other than any interest as a limited partner
222	in a limited partnership registered with the Securities and
223	Exchange Commission pursuant to the Securities Act of 1933, as
224	amended.
225	(d)  Notes, bonds, and other obligations issued by the
226	State of Florida or its municipalities, counties, and other
227	taxing districts, or by the United States Government and its
228	agencies.
229	(e)  Intangible personal property held in trust pursuant to
230	any stock bonus, pension, or profit-sharing plan or any
231	individual retirement account which is qualified under s. 530,
232	s. 401, s. 408, or s. 408A of the United States Internal Revenue
233	Code, 26 U.S.C. ss. 530, 401, 408, and 408A, as amended.
234	(f)  Intangible personal property held under a retirement
235	plan of a Florida-based corporation exempt from federal income
236	tax under s. 501(c)(6) of the United States Internal Revenue
237	Code, 26 U.S.C., if the primary purpose of the corporation is to
238	support the promotion of professional sports and the retirement
239	plan is either a qualified plan under s. 457 of the United
240	States Internal Revenue Code or the contributions to the plan,
241	pursuant to a ruling by the United States Internal Revenue
242	Service, are not taxable to plan participants until actual
243	receipt or withdrawal by the participant.
244	(g)  Notes and other obligations, except bonds, to the
245	extent that such notes and obligations are secured by mortgage,
246	deed of trust, or other lien upon real property situated outside
247	the state.
248	(h)  The assets of a corporation registered under the
249	Investment Company Act of 1940, 15 U.S.C. s. 80a-1-52, as
250	amended.
251	(i)  All intangible personal property issued in or arising
252	out of any international banking transaction and owned by a
253	banking organization.
254	(j)  Units of a unit investment trust and shares or units
255	of, or other undivided interest in, a business trust organized
256	under an agreement, indenture, or declaration of trust and
257	registered under the Investment Company Act of 1940, as amended,
258	shall be exempt if at least 90 percent of the net asset value of
259	the portfolio of assets corresponding to such shares, units, or
260	undivided interests is invested in assets that are exempt from
261	the tax imposed by s. 199.032.
262	(k)  Interests in real estate securitizations, including,
263	but not limited to, real estate mortgage investment conduits
264	(REMIC) and financial asset securitization trusts (FASITS),
265	which are directly or indirectly secured by or payable from
266	notes and obligations that are in turn secured solely by a
267	mortgage, deed of trust, or other lien upon real property
268	situated in or outside the state, including, but not limited to,
269	mortgage pools, participations, and derivatives.
270	(l)  All accounts receivable arising or acquired in the
271	ordinary course of a trade or business which are owned,
272	controlled, or managed by a taxpayer. This exemption does not
273	apply to accounts receivable that arise outside the taxpayer's
274	ordinary course of trade or business. For the purposes of this
275	chapter, the term "accounts receivable" means a business debt
276	that is owed by another to the taxpayer or the taxpayer's
277	assignee in the ordinary course of trade or business and is not
278	supported by negotiable instruments. Accounts receivable
279	include, but are not limited to, credit card receivables, charge
280	card receivables, credit receivables, margin receivables,
281	inventory or other floor plan financing, lease payments past
282	due, conditional sales contracts, retail installment sales
283	agreements, financing lease contracts, and a claim against a
284	debtor usually arising from sales or services rendered and which
285	is not necessarily due or past due. The examples specified in
286	this paragraph shall be deemed not to be supported by negotiable
287	instruments. The term "negotiable instrument" means a written
288	document that is legally capable of being transferred by
289	indorsement or delivery. The term "indorsement" means the act of
290	a payee or holder in writing his or her name on the back of an
291	instrument without further qualifying words other than "pay to
292	the order of" or "pay to" whereby the property is assigned and
293	transferred to another.
294	(m)  Stock options granted to employees by their employer
295	pursuant to an incentive plan, if the employees cannot transfer,
296	sell, or mortgage the options. Stock purchased by an employee
297	from an employer pursuant to an incentive plan shall be treated
298	as a nontaxable stock option if part of the purchase price of
299	the stock is nonrecourse debt secured by the stock and the stock
300	cannot be sold, transferred, or assigned by the employee until
301	the nonrecourse debt is discharged. Such stock becomes taxable
302	stock when it can be sold, transferred, or assigned by the
303	employee.
304	(n)1.  A leasehold estate in governmental property where
305	the lessee is required to furnish space on the leasehold estate
306	for public use by governmental agencies at no charge to the
307	governmental agencies.
308	2.  The provisions of this exemption shall apply
309	retroactively. However, notwithstanding the retroactivity of the
310	exemption, it does not reopen a closed period of nonclaim under
311	s. 215.26 or any other statute or extend the period of nonclaim
312	under s. 215.26 or any other statute.
313	(2)  Every natural person is entitled each year to an
314	exemption of the first $250,000 of the value of property
315	otherwise subject to the annual tax. A husband and wife filing
316	jointly shall have an exemption of $500,000. Every taxpayer that
317	is not a natural person is entitled each year to an exemption of
318	the first $250,000 of the value of property otherwise subject to
319	the tax. Agents and fiduciaries, other than guardians and
320	custodians under a gifts-to-minors act, filing as such may not
321	claim this exemption on behalf of their principals or
322	beneficiaries; however, if the principal or beneficiary returns
323	the property held by the agent or fiduciary and is a natural
324	person, the principal or beneficiary may claim the exemption. No
325	taxpayer shall be entitled to more than one exemption under this
326	subsection. This exemption shall not apply to that intangible
327	personal property described in s. 199.023(1)(d).
328	(2)(3)  Every natural person who is a widow or widower, or
329	who is blind, or who is totally and permanently disabled, is
330	entitled each year to an additional exemption of $500 of
331	property otherwise subject to the annual or nonrecurring tax.
332	This exemption is afforded by s. 3, Art. VII of the State
333	Constitution and is available only to the extent not used
334	against real property or tangible personal property taxes.
335	(4)  Charitable trusts, 95 percent of the income of which
336	is paid to organizations exempt from federal income tax pursuant
337	to s. 501(c)3 of the Internal Revenue Code, shall be exempt from
338	the tax imposed in s. 199.032.
339	(5)  Those organizations defined in s. 220.62(1), (2), (3),
340	or (4) are exempt from the tax imposed by s. 199.032.
341	(3)(6)  Every liquor distributor that is domiciled in this
342	state, that is authorized to do business under the Beverage Law,
343	and that has paid the license taxes required by s. 565.03(2) is
344	exempt from paying tax on accounts receivable owned by the
345	taxpayer which are derived from, arise out of, or are issued in
346	connection with a sale of alcoholic beverages transacted in
347	another state with a customer in another state.
348	(4)(7)  A national bank that has its principal place of
349	business in another state, processes credit card credit
350	applications in this state or performs customer service or
351	collection operations in this state, and is not a bank under 12
352	U.S.C. s. 1941(c)(2)(F), is exempt from paying tax on credit
353	card receivables owed to the bank by a credit card holder
354	domiciled outside this state.
355	(8)  Every insurer, as defined in s. 624.03, whether the
356	insurer is authorized or unauthorized as defined in s. 624.09,
357	is exempt from the tax imposed by s. 199.032.
358	Section 12.  Paragraph (a) of subsection (1) and subsection
359	(3) of section 199.232, Florida Statutes, are amended to read:
360	199.232  Powers of department.--
361	(1)(a)  The department may audit the books and records of
362	any person to determine whether an annual tax or a nonrecurring
363	tax has been properly paid.
364	(3)  With or without an audit, the department may assess
365	any tax deficiency resulting from nonpayment or underpayment of
366	the tax, as well as any applicable interest and penalties. The
367	department shall assess on the basis of the best information
368	available to it, including estimates based on the best
369	information available to it if the taxpayer fails to permit
370	inspection of the taxpayer's records, fails to file an annual
371	return, files a grossly incorrect return, or files a false and
372	fraudulent return.
373	Section 13.  Subsections (2), (3), (4), and (8) of section
374	199.282, Florida Statutes, are amended, and subsections (5),
375	(6), and (7) of said section are renumbered as subsections (4),
376	(5), and (6), respectively, to read:
377	199.282  Penalties for violation of this chapter.--
378	(2)  If any annual or nonrecurring tax is not paid by the
379	statutory due date, then despite any extension granted under s.
380	199.232(6), interest shall run on the unpaid balance from such
381	due date until paid at the rate of 12 percent per year.
382	(3)(a)  If any annual or nonrecurring tax is not paid by
383	the due date, a delinquency penalty shall be charged. The
384	delinquency penalty shall be 10 percent of the delinquent tax
385	for each calendar month or portion thereof from the due date
386	until paid, up to a limit of 50 percent of the total tax not
387	timely paid.
388	(b)  If any annual tax return required by this chapter is
389	not filed by the due date, a penalty of 10 percent of the tax
390	due with the return shall be charged for each calendar month or
391	portion thereof during which the return remains unfiled, up to a
392	limit of 50 percent of the total tax due.
393
394	For Any penalty assessed under this subsection, the combined
395	total for all penalties assessed under paragraphs (a) and (b)
396	shall not exceed 10 percent per calendar month, up to a limit of
397	50 percent of the total tax due.
398	(4)  If an annual tax return is filed and property is
399	either omitted from it or undervalued, then a specific penalty
400	shall be charged. The specific penalty shall be 10 percent of
401	the tax attributable to each omitted item or to each
402	undervaluation. No delinquency or late filing penalty shall be
403	charged with respect to any undervaluation.
404	(7)(8)  Any person who fails or refuses to file an annual
405	return, or who fails or refuses to make records available for
406	inspection, when requested to do so by the department is guilty
407	of a misdemeanor of the first degree, punishable as provided in
408	s. 775.082 or s. 775.083.
409	Section 14.  Section 199.292, Florida Statutes, is amended
410	to read:
411	199.292  Disposition of intangible personal property
412	taxes.--All intangible personal property taxes collected
413	pursuant to this chapter, except for revenues derived from the
414	annual tax on a leasehold described in s. 199.023(1)(d), shall
415	be deposited into the General Revenue Fund. Revenues derived
416	from the annual tax on a leasehold described in s. 199.023(1)(d)
417	shall be returned to the local school board for the county in
418	which the property subject to the leasehold is situated.
419	Section 15.  Subsection (3) is added to section 199.303,
420	Florida Statutes, to read:
421	199.303  Declaration of legislative intent.--
422	(3)  It is hereby declared to be the specific intent of the
423	Legislature that all annual intangible personal property taxes
424	imposed as provided by law for calendar years 2005 and prior
425	shall remain in full force and effect during the period
426	specified by s. 95.091, for the year in which the tax was due.
427	It is further the intent of the Legislature that the department
428	continue to assess and collect all taxes due to the state under
429	such provisions for all periods available for assessment, as
430	provided for the year in which tax was due by s. 95.091.
431	Section 16.  Subsection (4) of section 201.23, Florida
432	Statutes, is amended to read:
433	201.23  Foreign notes and other written obligations
434	exempt.--
435	(4)(a)  The excise taxes imposed by this chapter shall not
436	apply to the documents, notes, evidences of indebtedness,
437	financing statements, drafts, bills of exchange, or other
438	taxable items dealt with, made, issued, drawn upon, accepted,
439	delivered, shipped, received, signed, executed, assigned,
440	transferred, or sold by or to a banking organization, as defined
441	in s. 199.023(9), in the conduct of an international banking
442	transaction, as defined in s. 199.023(11). Nothing in this
443	subsection shall be construed to change the application of
444	paragraph (2)(a).
445	(b)  For purposes of this subsection:
446	1.  "Banking organization" means:
447	a.  A bank organized and existing under the laws of this
448	the state;
449	b.  A national bank organized and existing pursuant to the
450	provisions of the National Bank Act, 12 U.S.C. ss. 21 et seq.,
451	and maintaining its principal office in this state;
452	c.  An Edge Act corporation organized pursuant to the
453	provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss.
454	611 et seq., and maintaining an office in this state;
455	d.  An international bank agency licensed pursuant to the
456	laws of this state;
457	e.  A federal agency licensed pursuant to ss. 4 and 5 of
458	the International Banking Act of 1978 to maintain an office in
459	this state;
460	f.  A savings association organized and existing under the
461	laws of this state;
462	g.  A federal association organized and existing pursuant
463	to the provisions of the Home Owners' Loan Act of 1933, 12
464	U.S.C. ss. 1461 et seq., and maintaining its principal office in
465	this state; or
466	h.  A Florida export finance corporation organized and
467	existing pursuant to the provisions of part V of chapter 288.
468	2.  "International banking transaction" means:
469	a.  The financing of the exportation from, or the
470	importation into, the United States or between jurisdictions
471	abroad of tangible personal property or services;
472	b.  The financing of the production, preparation, storage,
473	or transportation of tangible personal property or services
474	which are identifiable as being directly and solely for export
475	from, or import into, the United States or between jurisdictions
476	abroad;
477	c.  The financing of contracts, projects, or activities to
478	be performed substantially abroad, except those transactions
479	secured by a mortgage, deed of trust, or other lien upon real
480	property located in the state;
481	d.  The receipt of deposits or borrowings or the extensions
482	of credit by an international banking facility, except the loan
483	or deposit of funds secured by mortgage, deed of trust, or other
484	lien upon real property located in the state; or
485	e.  Entering into foreign exchange trading or hedging
486	transactions in connection with the activities described in sub-
487	subparagraph d.
488	Section 17.  Subsection (19) of section 212.02, Florida
489	Statutes, is amended to read:
490	212.02  Definitions.--The following terms and phrases when
491	used in this chapter have the meanings ascribed to them in this
492	section, except where the context clearly indicates a different
493	meaning:
494	(19)  "Tangible personal property" means and includes
495	personal property which may be seen, weighed, measured, or
496	touched or is in any manner perceptible to the senses, including
497	electric power or energy, boats, motor vehicles and mobile homes
498	as defined in s. 320.01(1) and (2), aircraft as defined in s.
499	330.27, and all other types of vehicles. The term "tangible
500	personal property" does not include stocks, bonds, notes,
501	insurance, or other obligations or securities; intangibles as
502	defined by the intangible tax law of the state; or pari-mutuel
503	tickets sold or issued under the racing laws of the state.
504	Section 18.  Paragraph (p) of subsection (7) and paragraph
505	(a) of subsection (14) of section 213.053, Florida Statutes, are
506	amended to read:
507	213.053  Confidentiality and information sharing.--
508	(7)  Notwithstanding any other provision of this section,
509	the department may provide:
510	(p)  Information relative to ss. 199.1055, 220.1845, and
511	376.30781 to the Department of Environmental Protection in the
512	conduct of its official business.
513
514	Disclosure of information under this subsection shall be
515	pursuant to a written agreement between the executive director
516	and the agency. Such agencies, governmental or nongovernmental,
517	shall be bound by the same requirements of confidentiality as
518	the Department of Revenue. Breach of confidentiality is a
519	misdemeanor of the first degree, punishable as provided by s.
520	775.082 or s. 775.083.
521	(14)(a)  Notwithstanding any other provision of this
522	section, the department shall, subject to the safeguards
523	specified in paragraph (c), disclose to the Division of
524	Corporations of the Department of State the name, address,
525	federal employer identification number, and duration of tax
526	filings with this state of all corporate or partnership entities
527	which are not on file or have a dissolved status with the
528	Division of Corporations and which have filed tax returns
529	pursuant to either chapter 199 or chapter 220.
530	Section 19.  Section 213.054, Florida Statutes, is amended
531	to read:
532	213.054  Persons claiming tax exemptions or deductions;
533	annual report.--The Department of Revenue shall be responsible
534	for monitoring the utilization of tax exemptions and tax
535	deductions authorized pursuant to chapter 81-179, Laws of
536	Florida. On or before September 1 of each year, the department
537	shall report to the Chief Financial Officer the names and
538	addresses of all persons who have claimed an exemption pursuant
539	to s. 199.185(1)(i) or a deduction pursuant to s. 220.63(5).
540	Section 20.  Section 213.27, Florida Statutes, is amended
541	to read:
542	213.27  Contracts with debt collection agencies and certain
543	vendors.--
544	(1)  The Department of Revenue may, for the purpose of
545	collecting any delinquent taxes due from a taxpayer, including
546	taxes for which a bill or notice has been generated, contract
547	with any debt collection agency or attorney doing business
548	within or without this state for the collection of such
549	delinquent taxes including penalties and interest thereon. The
550	department may also share confidential information pursuant to
551	the contract necessary for the collection of delinquent taxes
552	and taxes for which a billing or notice has been generated.
553	Contracts will be made pursuant to chapter 287. The taxpayer
554	must be notified by mail by the department, its employees, or
555	its authorized representative 30 days prior to commencing any
556	litigation to recover any delinquent taxes. The taxpayer must be
557	notified by mail by the department 30 days prior to the
558	department assigning the collection of any taxes to the debt
559	collection agency.
560	(2)  The department may enter into contracts with any
561	individual or business for the purpose of identifying intangible
562	personal property tax liability. Contracts may provide for the
563	identification of assets subject to the tax on intangible
564	personal property, the determination of value of such property,
565	the requirement for filing a tax return and the collection of
566	taxes due, including applicable penalties and interest thereon.
567	The department may share confidential information pursuant to
568	the contract necessary for the identification of taxable
569	intangible personal property. Contracts shall be made pursuant
570	to chapter 287. The taxpayer must be notified by mail by the
571	department 30 days prior to the department assigning
572	identification of intangible personal property to an individual
573	or business.
574	(2)(3)  Any contract may provide, in the discretion of the
575	executive director of the Department of Revenue, the manner in
576	which the compensation for such services will be paid. Under
577	standards established by the department, such compensation shall
578	be added to the amount of the tax and collected as a part
579	thereof by the agency or deducted from the amount of tax,
580	penalty, and interest actually collected.
581	(3)(4)  All funds collected under the terms of the
582	contract, less the fees provided in the contract, shall be
583	remitted to the department within 30 days from the date of
584	collection from a taxpayer. Forms to be used for such purpose
585	shall be prescribed by the department.
586	(4)(5)  The department shall require a bond from the debt
587	collection agency or the individual or business contracted with
588	under subsection (2) not in excess of $100,000 guaranteeing
589	compliance with the terms of the contract. However, a bond of
590	$10,000 is required from a debt collection agency if the agency
591	does not actually collect and remit delinquent funds to the
592	department.
593	(5)(6)  The department may, for the purpose of ascertaining
594	the amount of or collecting any taxes due from a person doing
595	mail order business in this state, contract with any auditing
596	agency doing business within or without this state for the
597	purpose of conducting an audit of such mail order business;
598	however, such audit agency may not conduct an audit on behalf of
599	the department of any person domiciled in this state, person
600	registered for sales and use tax purposes in this state, or
601	corporation filing a Florida corporate tax return, if any such
602	person or corporation objects to such audit in writing to the
603	department and the auditing agency. The department shall notify
604	the taxpayer by mail at least 30 days before the department
605	assigns the collection of such taxes.
606	(6)(7)  Confidential information shared by the department
607	with debt collection or auditing agencies or individuals or
608	businesses with which the department has contracted under
609	subsection (2) is exempt from the provisions of s. 119.07(1),
610	and debt collection or auditing agencies and individuals or
611	businesses with which the department has contracted under
612	subsection (2) shall be bound by the same requirements of
613	confidentiality as the Department of Revenue. Breach of
614	confidentiality is a misdemeanor of the first degree, punishable
615	as provided by ss. 775.082 and 775.083.
616	(7)(8)(a)  The executive director of the department may
617	enter into contracts with private vendors to develop and
618	implement systems to enhance tax collections where compensation
619	to the vendors is funded through increased tax collections. The
620	amount of compensation paid to a vendor shall be based on a
621	percentage of increased tax collections attributable to the
622	system after all administrative and judicial appeals are
623	exhausted, and the total amount of compensation paid to a vendor
624	shall not exceed the maximum amount stated in the contract.
625	(b)  A person acting on behalf of the department under a
626	contract authorized by this subsection does not exercise any of
627	the powers of the department, except that the person is an agent
628	of the department for the purposes of developing and
629	implementing a system to enhance tax collection.
630	(c)  Disclosure of information under this subsection shall
631	be pursuant to a written agreement between the executive
632	director and the private vendors. The vendors shall be bound by
633	the same requirements of confidentiality as the department.
634	Breach of confidentiality is a misdemeanor of the first degree,
635	punishable as provided in s. 775.082 or s. 775.083.
636	Section 21.  Subsection (1) and paragraphs (b) and (c) of
637	subsection (3) of section 220.1845, Florida Statutes, are
638	amended to read:
639	220.1845  Contaminated site rehabilitation tax credit.--
640	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
641	(a)  A credit in the amount of 35 percent of the costs of
642	voluntary cleanup activity that is integral to site
643	rehabilitation at the following sites is available against any
644	tax due for a taxable year under this chapter:
645	1.  A drycleaning-solvent-contaminated site eligible for
646	state-funded site rehabilitation under s. 376.3078(3);
647	2.  A drycleaning-solvent-contaminated site at which
648	cleanup is undertaken by the real property owner pursuant to s.
649	376.3078(11), if the real property owner is not also, and has
650	never been, the owner or operator of the drycleaning facility
651	where the contamination exists; or
652	3.  A brownfield site in a designated brownfield area under
653	s. 376.80.
654	(b)  A tax credit applicant, or multiple tax credit
655	applicants working jointly to clean up a single site, may not be
656	granted more than $250,000 per year in tax credits for each site
657	voluntarily rehabilitated. Multiple tax credit applicants shall
658	be granted tax credits in the same proportion as their
659	contribution to payment of cleanup costs. Subject to the same
660	conditions and limitations as provided in this section, a
661	municipality, county, or other tax credit applicant which
662	voluntarily rehabilitates a site may receive not more than
663	$250,000 per year in tax credits which it can subsequently
664	transfer subject to the provisions in paragraph (g)(h).
665	(c)  If the credit granted under this section is not fully
666	used in any one year because of insufficient tax liability on
667	the part of the corporation, the unused amount may be carried
668	forward for a period not to exceed 5 years. The carryover credit
669	may be used in a subsequent year when the tax imposed by this
670	chapter for that year exceeds the credit for which the
671	corporation is eligible in that year under this section after
672	applying the other credits and unused carryovers in the order
673	provided by s. 220.02(8). Five years after the date a credit is
674	granted under this section, such credit expires and may not be
675	used. However, if during the 5-year period the credit is
676	transferred, in whole or in part, pursuant to paragraph (g)(h),
677	each transferee has 5 years after the date of transfer to use
678	its credit.
679	(d)  A taxpayer that files a consolidated return in this
680	state as a member of an affiliated group under s. 220.131(1) may
681	be allowed the credit on a consolidated return basis up to the
682	amount of tax imposed upon the consolidated group.
683	(e)  A taxpayer that receives credit under s. 199.1055 is
684	ineligible to receive credit under this section in a given tax
685	year.
686	(e)(f)  A tax credit applicant that receives state-funded
687	site rehabilitation under s. 376.3078(3) for rehabilitation of a
688	drycleaning-solvent-contaminated site is ineligible to receive
689	credit under this section for costs incurred by the tax credit
690	applicant in conjunction with the rehabilitation of that site
691	during the same time period that state-administered site
692	rehabilitation was underway.
693	(f)(g)  The total amount of the tax credits which may be
694	granted under this section and s. 199.1055 is $2 million
695	annually.
696	(g)(h)1.  Tax credits that may be available under this
697	section to an entity eligible under s. 376.30781 may be
698	transferred after a merger or acquisition to the surviving or
699	acquiring entity and used in the same manner and with the same
700	limitations.
701	2.  The entity or its surviving or acquiring entity as
702	described in subparagraph 1., may transfer any unused credit in
703	whole or in units of no less than 25 percent of the remaining
704	credit. The entity acquiring such credit may use it in the same
705	manner and with the same limitation as described in this
706	section. Such transferred credits may not be transferred again
707	although they may succeed to a surviving or acquiring entity
708	subject to the same conditions and limitations as described in
709	this section.
710	3.  In the event the credit provided for under this section
711	is reduced either as a result of a determination by the
712	Department of Environmental Protection or an examination or
713	audit by the Department of Revenue, such tax deficiency shall be
714	recovered from the first entity, or the surviving or acquiring
715	entity, to have claimed such credit up to the amount of credit
716	taken. Any subsequent deficiencies shall be assessed against any
717	entity acquiring and claiming such credit, or in the case of
718	multiple succeeding entities in the order of credit succession.
719	(h)(i)  In order to encourage completion of site
720	rehabilitation at contaminated sites being voluntarily cleaned
721	up and eligible for a tax credit under this section, the tax
722	credit applicant may claim an additional 10 percent of the total
723	cleanup costs, not to exceed $50,000, in the final year of
724	cleanup as evidenced by the Department of Environmental
725	Protection issuing a "No Further Action" order for that site.
726	(3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
727	FORFEITURE.--
728	(b)  In addition to its existing audit and investigation
729	authority relating to chapter 199 and this chapter, the
730	Department of Revenue may perform any additional financial and
731	technical audits and investigations, including examining the
732	accounts, books, or records of the tax credit applicant, which
733	are necessary to verify the site rehabilitation costs included
734	in a tax credit return and to ensure compliance with this
735	section. The Department of Environmental Protection shall
736	provide technical assistance, when requested by the Department
737	of Revenue, on any technical audits performed pursuant to this
738	section.
739	(c)  It is grounds for forfeiture of previously claimed and
740	received tax credits if the Department of Revenue determines, as
741	a result of either an audit or information received from the
742	Department of Environmental Protection, that a taxpayer received
743	tax credits pursuant to this section to which the taxpayer was
744	not entitled. In the case of fraud, the taxpayer shall be
745	prohibited from claiming any future tax credits under this
746	section or s. 199.1055.
747	1.  The taxpayer is responsible for returning forfeited tax
748	credits to the Department of Revenue, and such funds shall be
749	paid into the General Revenue Fund of the state.
750	2.  The taxpayer shall file with the Department of Revenue
751	an amended tax return or such other report as the Department of
752	Revenue prescribes by rule and shall pay any required tax within
753	60 days after the taxpayer receives notification from the
754	Department of Environmental Protection pursuant to s. 376.30781
755	that previously approved tax credits have been revoked or
756	modified, if uncontested, or within 60 days after a final order
757	is issued following proceedings involving a contested revocation
758	or modification order.
759	3.  A notice of deficiency may be issued by the Department
760	of Revenue at any time within 5 years after the date the
761	taxpayer receives notification from the Department of
762	Environmental Protection pursuant to s. 376.30781 that
763	previously approved tax credits have been revoked or modified.
764	If a taxpayer fails to notify the Department of Revenue of any
765	change in its tax credit claimed, a notice of deficiency may be
766	issued at any time. In either case, the amount of any proposed
767	assessment set forth in such notice of deficiency shall be
768	limited to the amount of any deficiency resulting under this
769	section from the recomputation of the taxpayer's tax for the
770	taxable year.
771	4.  Any taxpayer that fails to report and timely pay any
772	tax due as a result of the forfeiture of its tax credit is in
773	violation of this section and is subject to applicable penalty
774	and interest.
775	Section 22.  Paragraph (b) of subsection (2) of section
776	288.039, Florida Statutes, is amended to read:
777	288.039  Employing and Training our Youths (ENTRY).--
778	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
779	(b)  After entering into an employment/tax refund agreement
780	under subsection (3), an eligible business may receive refunds
781	for the following taxes or fees due and paid by that business:
782	1.  Taxes on sales, use, and other transactions under
783	chapter 212.
784	2.  Corporate income taxes under chapter 220.
785	3.  Intangible personal property taxes under chapter 199.
786	3.4.  Emergency excise taxes under chapter 221.
787	4.5.  Excise taxes on documents under chapter 201.
788	5.6.  Ad valorem taxes paid, as defined in s. 220.03(1).
789	6.7.  Insurance premium taxes under s. 624.509.
790	7.8.  Occupational license fees under chapter 205.
791
792	However, an eligible business may not receive a refund under
793	this section for any amount of credit, refund, or exemption
794	granted to that business for any of such taxes or fees. If a
795	refund for such taxes or fees is provided by the office, which
796	taxes or fees are subsequently adjusted by the application of
797	any credit, refund, or exemption granted to the eligible
798	business other than as provided in this section, the business
799	shall reimburse the office for the amount of that credit,
800	refund, or exemption. An eligible business shall notify and
801	tender payment to the office within 20 days after receiving any
802	credit, refund, or exemption other than the one provided in this
803	section.
804	Section 23.  Paragraph (f) of subsection (2) and paragraphs
805	(b), (c), and (d) of subsection (3) of section 288.1045, Florida
806	Statutes, are amended to read:
807	288.1045  Qualified defense contractor tax refund
808	program.--
809	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
810	(f)  After entering into a tax refund agreement pursuant to
811	subsection (4), a qualified applicant may receive refunds from
812	the Economic Development Trust Fund for the following taxes due
813	and paid by the qualified applicant beginning with the
814	applicant's first taxable year that begins after entering into
815	the agreement:
816	1.  Taxes on sales, use, and other transactions paid
817	pursuant to chapter 212.
818	2.  Corporate income taxes paid pursuant to chapter 220.
819	3.  Intangible personal property taxes paid pursuant to
820	chapter 199.
821	3.4.  Emergency excise taxes paid pursuant to chapter 221.
822	4.5.  Excise taxes paid on documents pursuant to chapter
823	201.
824	5.6.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
825	on June 1, 1996.
826
827	However, a qualified applicant may not receive a tax refund
828	pursuant to this section for any amount of credit, refund, or
829	exemption granted such contractor for any of such taxes. If a
830	refund for such taxes is provided by the office, which taxes are
831	subsequently adjusted by the application of any credit, refund,
832	or exemption granted to the qualified applicant other than that
833	provided in this section, the qualified applicant shall
834	reimburse the Economic Development Trust Fund for the amount of
835	such credit, refund, or exemption. A qualified applicant must
836	notify and tender payment to the office within 20 days after
837	receiving a credit, refund, or exemption, other than that
838	provided in this section.
839	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
840	DETERMINATION.--
841	(b)  Applications for certification based on the
842	consolidation of a Department of Defense contract or a new
843	Department of Defense contract must be submitted to the office
844	as prescribed by the office and must include, but are not
845	limited to, the following information:
846	1.  The applicant's federal employer identification number,
847	the applicant's Florida sales tax registration number, and a
848	notarized signature of an officer of the applicant.
849	2.  The permanent location of the manufacturing,
850	assembling, fabricating, research, development, or design
851	facility in this state at which the project is or is to be
852	located.
853	3.  The Department of Defense contract numbers of the
854	contract to be consolidated, the new Department of Defense
855	contract number, or the "RFP" number of a proposed Department of
856	Defense contract.
857	4.  The date the contract was executed or is expected to be
858	executed, and the date the contract is due to expire or is
859	expected to expire.
860	5.  The commencement date for project operations under the
861	contract in this state.
862	6.  The number of net new full-time equivalent Florida jobs
863	included in the project as of December 31 of each year and the
864	average wage of such jobs.
865	7.  The total number of full-time equivalent employees
866	employed by the applicant in this state.
867	8.  The percentage of the applicant's gross receipts
868	derived from Department of Defense contracts during the 5
869	taxable years immediately preceding the date the application is
870	submitted.
871	9.  The amount of:
872	a.  Taxes on sales, use, and other transactions paid
873	pursuant to chapter 212;
874	b.  Corporate income taxes paid pursuant to chapter 220;
875	c.  Intangible personal property taxes paid pursuant to
876	chapter 199;
877	c.d.  Emergency excise taxes paid pursuant to chapter 221;
878	d.e.  Excise taxes paid on documents pursuant to chapter
879	201; and
880	e.f.  Ad valorem taxes paid
881
882	during the 5 fiscal years immediately preceding the date of the
883	application, and the projected amounts of such taxes to be due
884	in the 3 fiscal years immediately following the date of the
885	application.
886	10.  The estimated amount of tax refunds to be claimed for
887	each fiscal year.
888	11.  A brief statement concerning the applicant's need for
889	tax refunds, and the proposed uses of such refunds by the
890	applicant.
891	12.  A resolution adopted by the county commissioners of
892	the county in which the project will be located, which
893	recommends the applicant be approved as a qualified applicant,
894	and which indicates that the necessary commitments of local
895	financial support for the applicant exist. Prior to the adoption
896	of the resolution, the county commission may review the proposed
897	public or private sources of such support and determine whether
898	the proposed sources of local financial support can be provided
899	or, for any applicant whose project is located in a county
900	designated by the Rural Economic Development Initiative, a
901	resolution adopted by the county commissioners of such county
902	requesting that the applicant's project be exempt from the local
903	financial support requirement.
904	13.  Any additional information requested by the office.
905	(c)  Applications for certification based on the conversion
906	of defense production jobs to nondefense production jobs must be
907	submitted to the office as prescribed by the office and must
908	include, but are not limited to, the following information:
909	1.  The applicant's federal employer identification number,
910	the applicant's Florida sales tax registration number, and a
911	notarized signature of an officer of the applicant.
912	2.  The permanent location of the manufacturing,
913	assembling, fabricating, research, development, or design
914	facility in this state at which the project is or is to be
915	located.
916	3.  The Department of Defense contract numbers of the
917	contract under which the defense production jobs will be
918	converted to nondefense production jobs.
919	4.  The date the contract was executed, and the date the
920	contract is due to expire or is expected to expire, or was
921	canceled.
922	5.  The commencement date for the nondefense production
923	operations in this state.
924	6.  The number of net new full-time equivalent Florida jobs
925	included in the nondefense production project as of December 31
926	of each year and the average wage of such jobs.
927	7.  The total number of full-time equivalent employees
928	employed by the applicant in this state.
929	8.  The percentage of the applicant's gross receipts
930	derived from Department of Defense contracts during the 5
931	taxable years immediately preceding the date the application is
932	submitted.
933	9.  The amount of:
934	a.  Taxes on sales, use, and other transactions paid
935	pursuant to chapter 212;
936	b.  Corporate income taxes paid pursuant to chapter 220;
937	c.  Intangible personal property taxes paid pursuant to
938	chapter 199;
939	c.d.  Emergency excise taxes paid pursuant to chapter 221;
940	d.e.  Excise taxes paid on documents pursuant to chapter
941	201; and
942	e.f.  Ad valorem taxes paid
943
944	during the 5 fiscal years immediately preceding the date of the
945	application, and the projected amounts of such taxes to be due
946	in the 3 fiscal years immediately following the date of the
947	application.
948	10.  The estimated amount of tax refunds to be claimed for
949	each fiscal year.
950	11.  A brief statement concerning the applicant's need for
951	tax refunds, and the proposed uses of such refunds by the
952	applicant.
953	12.  A resolution adopted by the county commissioners of
954	the county in which the project will be located, which
955	recommends the applicant be approved as a qualified applicant,
956	and which indicates that the necessary commitments of local
957	financial support for the applicant exist. Prior to the adoption
958	of the resolution, the county commission may review the proposed
959	public or private sources of such support and determine whether
960	the proposed sources of local financial support can be provided
961	or, for any applicant whose project is located in a county
962	designated by the Rural Economic Development Initiative, a
963	resolution adopted by the county commissioners of such county
964	requesting that the applicant's project be exempt from the local
965	financial support requirement.
966	13.  Any additional information requested by the office.
967	(d)  Applications for certification based on a contract for
968	reuse of a defense-related facility must be submitted to the
969	office as prescribed by the office and must include, but are not
970	limited to, the following information:
971	1.  The applicant's Florida sales tax registration number
972	and a notarized signature of an officer of the applicant.
973	2.  The permanent location of the manufacturing,
974	assembling, fabricating, research, development, or design
975	facility in this state at which the project is or is to be
976	located.
977	3.  The business entity holding a valid Department of
978	Defense contract or branch of the Armed Forces of the United
979	States that previously occupied the facility, and the date such
980	entity last occupied the facility.
981	4.  A copy of the contract to reuse the facility, or such
982	alternative proof as may be prescribed by the office that the
983	applicant is seeking to contract for the reuse of such facility.
984	5.  The date the contract to reuse the facility was
985	executed or is expected to be executed, and the date the
986	contract is due to expire or is expected to expire.
987	6.  The commencement date for project operations under the
988	contract in this state.
989	7.  The number of net new full-time equivalent Florida jobs
990	included in the project as of December 31 of each year and the
991	average wage of such jobs.
992	8.  The total number of full-time equivalent employees
993	employed by the applicant in this state.
994	9.  The amount of:
995	a.  Taxes on sales, use, and other transactions paid
996	pursuant to chapter 212.
997	b.  Corporate income taxes paid pursuant to chapter 220.
998	c.  Intangible personal property taxes paid pursuant to
999	chapter 199.
1000	c.d.  Emergency excise taxes paid pursuant to chapter 221.
1001	d.e.  Excise taxes paid on documents pursuant to chapter
1002	201.
1003	e.f.  Ad valorem taxes paid during the 5 fiscal years
1004	immediately preceding the date of the application, and the
1005	projected amounts of such taxes to be due in the 3 fiscal years
1006	immediately following the date of the application.
1007	10.  The estimated amount of tax refunds to be claimed for
1008	each fiscal year.
1009	11.  A brief statement concerning the applicant's need for
1010	tax refunds, and the proposed uses of such refunds by the
1011	applicant.
1012	12.  A resolution adopted by the county commissioners of
1013	the county in which the project will be located, which
1014	recommends the applicant be approved as a qualified applicant,
1015	and which indicates that the necessary commitments of local
1016	financial support for the applicant exist. Prior to the adoption
1017	of the resolution, the county commission may review the proposed
1018	public or private sources of such support and determine whether
1019	the proposed sources of local financial support can be provided
1020	or, for any applicant whose project is located in a county
1021	designated by the Rural Economic Development Initiative, a
1022	resolution adopted by the county commissioners of such county
1023	requesting that the applicant's project be exempt from the local
1024	financial support requirement.
1025	13.  Any additional information requested by the office.
1026	Section 24.  Paragraph (c) of subsection (2) of section
1027	288.106, Florida Statutes, is amended to read:
1028	288.106  Tax refund program for qualified target industry
1029	businesses.--
1030	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
1031	(c)  After entering into a tax refund agreement under
1032	subsection (4), a qualified target industry business may:
1033	1.  Receive refunds from the account for the following
1034	taxes due and paid by that business beginning with the first
1035	taxable year of the business which begins after entering into
1036	the agreement:
1037	a.  Corporate income taxes under chapter 220.
1038	b.  Insurance premium tax under s. 624.509.
1039	2.  Receive refunds from the account for the following
1040	taxes due and paid by that business after entering into the
1041	agreement:
1042	a.  Taxes on sales, use, and other transactions under
1043	chapter 212.
1044	b.  Intangible personal property taxes under chapter 199.
1045	b.c.  Emergency excise taxes under chapter 221.
1046	c.d.  Excise taxes on documents under chapter 201.
1047	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
1048	Section 25.  Paragraph (g) of subsection (1) of section
1049	288.1067, Florida Statutes, is amended to read:
1050	288.1067  Confidentiality of records.--
1051	(1)  The following information held by the Office of
1052	Tourism, Trade, and Economic Development, Enterprise Florida,
1053	Inc., or county or municipal governmental entities, and their
1054	employees or agents, pursuant to the incentive programs for
1055	qualified businesses as provided in s. 220.191, s. 288.1045, s.
1056	288.106, s. 288.108, or s. 288.1088 is confidential and exempt
1057	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
1058	State Constitution, for a period not to exceed the duration of
1059	the relevant tax refund, tax credit, or incentive agreement:
1060	(g)  The amount of:
1061	1.  Taxes on sales, use, and other transactions paid
1062	pursuant to chapter 212;
1063	2.  Corporate income taxes paid pursuant to chapter 220;
1064	3.  Intangible personal property taxes paid pursuant to
1065	chapter 199;
1066	3.4.  Emergency excise taxes paid pursuant to chapter 221;
1067	4.5.  Insurance premium taxes paid pursuant to chapter 624;
1068	5.6.  Excise taxes paid on documents pursuant to chapter
1069	201; or
1070	6.7.  Ad valorem taxes paid, as defined in s. 220.03(1),
1071
1072	which the qualified business reports on its application for
1073	certification or reports during the term of the tax refund
1074	agreement, and for which the qualified business claims a tax
1075	refund under s. 288.1045 or s. 288.106, and any such information
1076	held as evidence of the achievement or nonachievement of
1077	performance items contained in the tax refund agreement.
1078	Section 26.  Paragraph (a) of subsection (2) and
1079	subsections (6) and (7) of section 341.840, Florida Statutes,
1080	are amended to read:
1081	341.840  Tax exemption.--
1082	(2)(a)  For the purposes of this section, the term
1083	"authority" does not include agents of the authority other than
1084	contractors who qualify as such pursuant to subsection (6)(7).
1085	(6)  A leasehold interest held by the authority is not
1086	subject to intangible tax. However, if a leasehold interest held
1087	by the authority is subleased to a nongovernmental lessee, such
1088	subleasehold interest shall be deemed to be an interest
1089	described in s. 199.023(1)(d), and is subject to the intangible
1090	tax.
1091	(6)(7)(a)  In order to be considered an agent of the
1092	authority for purposes of the exemption from sales and use tax
1093	granted by subsection (3) for tangible personal property
1094	incorporated into the high-speed rail system, a contractor of
1095	the authority that purchases or fabricates such tangible
1096	personal property must be certified by the authority as provided
1097	in this subsection.
1098	(b)1.  A contractor must apply for a renewal of the
1099	exemption not later than December 1 of each calendar year.
1100	2.  A contractor must apply to the authority on the
1101	application form adopted by the authority, which shall develop
1102	the form in consultation with the Department of Revenue.
1103	3.  The authority shall review each submitted application
1104	and determine whether it is complete. The authority shall notify
1105	the applicant of any deficiencies in the application within 30
1106	days. Upon receipt of a completed application, the authority
1107	shall evaluate the application for exemption under this
1108	subsection and issue a certification that the contractor is
1109	qualified to act as an agent of the authority for purposes of
1110	this section or a denial of such certification within 30 days.
1111	The authority shall provide the Department of Revenue with a
1112	copy of each certification issued upon approval of an
1113	application. Upon receipt of a certification from the authority,
1114	the Department of Revenue shall issue an exemption permit to the
1115	contractor.
1116	(c)1.  The contractor may extend a copy of its exemption
1117	permit to its vendors in lieu of paying sales tax on purchases
1118	of tangible personal property qualifying for exemption under
1119	this section. Possession of a copy of the exemption permit
1120	relieves the seller of the responsibility of collecting tax on
1121	the sale, and the Department of Revenue shall look solely to the
1122	contractor for recovery of tax upon a determination that the
1123	contractor was not entitled to the exemption.
1124	2.  The contractor may extend a copy of its exemption
1125	permit to real property subcontractors supplying and installing
1126	tangible personal property that is exempt under subsection (3).
1127	Any such subcontractor is authorized to extend a copy of the
1128	permit to the subcontractor's vendors in order to purchase
1129	qualifying tangible personal property tax-exempt. If the
1130	subcontractor uses the exemption permit to purchase tangible
1131	personal property that is determined not to qualify for
1132	exemption under subsection (3), the Department of Revenue may
1133	assess and collect any tax, penalties, and interest that are due
1134	from either the contractor holding the exemption permit or the
1135	subcontractor that extended the exemption permit to the seller.
1136	(d)  Any contractor authorized to act as an agent of the
1137	authority under this section shall maintain the necessary books
1138	and records to document the exempt status of purchases and
1139	fabrication costs made or incurred under the permit. In
1140	addition, an authorized contractor extending its exemption
1141	permit to its subcontractors shall maintain a copy of the
1142	subcontractor's books, records, and invoices indicating all
1143	purchases made by the subcontractor under the authorized
1144	contractor's permit. If, in an audit conducted by the Department
1145	of Revenue, it is determined that tangible personal property
1146	purchased or fabricated claiming exemption under this section
1147	does not meet the criteria for exemption, the amount of taxes
1148	not paid at the time of purchase or fabrication shall be
1149	immediately due and payable to the Department of Revenue,
1150	together with the appropriate interest and penalty, computed
1151	from the date of purchase, in the manner prescribed by chapter
1152	212.
1153	(e)  If a contractor fails to apply for a high-speed rail
1154	system exemption permit, or if a contractor initially determined
1155	by the authority to not qualify for exemption is subsequently
1156	determined to be eligible, the contractor shall receive the
1157	benefit of the exemption in this subsection through a refund of
1158	previously paid taxes for transactions that otherwise would have
1159	been exempt. A refund may not be made for such taxes without the
1160	issuance of a certification by the authority that the contractor
1161	was authorized to make purchases tax-exempt and a determination
1162	by the Department of Revenue that the purchases qualified for
1163	the exemption.
1164	(f)  The authority may adopt rules governing the
1165	application process for exemption of a contractor as an
1166	authorized agent of the authority.
1167	(g)  The Department of Revenue may adopt rules governing
1168	the issuance and form of high-speed rail system exemption
1169	permits, the audit of contractors and subcontractors using such
1170	permits, the recapture of taxes on nonqualified purchases, and
1171	the manner and form of refund applications.
1172	Section 27.  Paragraph (a) of subsection (2) and
1173	subsections (3), (8), and (12) of section 376.30781, Florida
1174	Statutes, are amended to read:
1175	376.30781  Partial tax credits for rehabilitation of
1176	drycleaning-solvent-contaminated sites and brownfield sites in
1177	designated brownfield areas; application process; rulemaking
1178	authority; revocation authority.--
1179	(2)(a)  A credit in the amount of 35 percent of the costs
1180	of voluntary cleanup activity that is integral to site
1181	rehabilitation at the following sites is allowed pursuant to s.
1182	ss. 199.1055 and 220.1845:
1183	1.  A drycleaning-solvent-contaminated site eligible for
1184	state-funded site rehabilitation under s. 376.3078(3);
1185	2.  A drycleaning-solvent-contaminated site at which
1186	cleanup is undertaken by the real property owner pursuant to s.
1187	376.3078(11), if the real property owner is not also, and has
1188	never been, the owner or operator of the drycleaning facility
1189	where the contamination exists; or
1190	3.  A brownfield site in a designated brownfield area under
1191	s. 376.80.
1192	(3)  The Department of Environmental Protection shall be
1193	responsible for allocating the tax credits provided for in s.
1194	ss. 199.1055 and 220.1845, not to exceed a total of $2 million
1195	in tax credits annually.
1196	(8)  On or before March 1, the Department of Environmental
1197	Protection shall inform each eligible tax credit applicant of
1198	the amount of its partial tax credit and provide each eligible
1199	tax credit applicant with a tax credit certificate that must be
1200	submitted with its tax return to the Department of Revenue to
1201	claim the tax credit or be transferred pursuant to s.
1202	199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in
1203	the payment of refunds if total credits exceed the amount of tax
1204	owed.
1205	(12)  A tax credit applicant who receives state-funded site
1206	rehabilitation under s. 376.3078(3) for rehabilitation of a
1207	drycleaning-solvent-contaminated site is ineligible to receive a
1208	tax credit under s. 199.1055 or s. 220.1845 for costs incurred
1209	by the tax credit applicant in conjunction with the
1210	rehabilitation of that site during the same time period that
1211	state-administered site rehabilitation was underway.
1212	Section 28.  Subsection (13) of section 493.6102, Florida
1213	Statutes, is amended to read:
1214	493.6102  Inapplicability of this chapter.--This chapter
1215	shall not apply to:
1216	(13)  Any individual employed as a security officer by a
1217	church or ecclesiastical or denominational organization having
1218	an established physical place of worship in this state at which
1219	nonprofit religious services and activities are regularly
1220	conducted or by a church cemetery religious institution as
1221	defined in s. 199.183(2)(a) to provide security on the
1222	institution property of the organization or cemetery, and who
1223	does not carry a firearm in the course of her or his duties.
1224	Section 29.  Paragraph (a) of subsection (3) of section
1225	516.031, Florida Statutes, is amended to read:
1226	516.031  Finance charge; maximum rates.--
1227	(3)  OTHER CHARGES.--
1228	(a)  In addition to the interest, delinquency, and
1229	insurance charges herein provided for, no further or other
1230	charges or amount whatsoever for any examination, service,
1231	commission, or other thing or otherwise shall be directly or
1232	indirectly charged, contracted for, or received as a condition
1233	to the grant of a loan, except:
1234	1.  An amount not to exceed $10 to reimburse a portion of
1235	the costs for investigating the character and credit of the
1236	person applying for the loan;
1237	2.  An annual fee of $25 on the anniversary date of each
1238	line-of-credit account;
1239	3.  Charges paid for brokerage fee on a loan or line of
1240	credit of more than $10,000, title insurance, and the appraisal
1241	of real property offered as security when paid to a third party
1242	and supported by an actual expenditure;
1243	4.  Intangible personal property tax on the loan note or
1244	obligation when secured by a lien on real property;
1245	4.5.  The documentary excise tax and lawful fees, if any,
1246	actually and necessarily paid out by the licensee to any public
1247	officer for filing, recording, or releasing in any public office
1248	any instrument securing the loan, which fees may be collected
1249	when the loan is made or at any time thereafter;
1250	5.6.  The premium payable for any insurance in lieu of
1251	perfecting any security interest otherwise required by the
1252	licensee in connection with the loan, if the premium does not
1253	exceed the fees which would otherwise be payable, which premium
1254	may be collected when the loan is made or at any time
1255	thereafter;
1256	6.7.  Actual and reasonable attorney's fees and court costs
1257	as determined by the court in which suit is filed;
1258	7.8.  Actual and commercially reasonable expenses of
1259	repossession, storing, repairing and placing in condition for
1260	sale, and selling of any property pledged as security; or
1261	8.9.  A delinquency charge not to exceed $10 for each
1262	payment in default for a period of not less than 10 days, if the
1263	charge is agreed upon, in writing, between the parties before
1264	imposing the charge.
1265
1266	Any charges, including interest, in excess of the combined total
1267	of all charges authorized and permitted by this chapter
1268	constitute a violation of chapter 687 governing interest and
1269	usury, and the penalties of that chapter apply. In the event of
1270	a bona fide error, the licensee shall refund or credit the
1271	borrower with the amount of the overcharge immediately but
1272	within 20 days from the discovery of such error.
1273	Section 30.  Paragraph (b) of subsection (4) of section
1274	650.05, Florida Statutes, is amended to read:
1275	650.05  Plans for coverage of employees of political
1276	subdivisions.--
1277	(4)
1278	(b)  The grants-in-aid and other revenue referred to in
1279	paragraph (a) specifically include, but are not limited to,
1280	minimum foundation program grants to public school districts and
1281	community colleges; gasoline, motor fuel, intangible, cigarette,
1282	racing, and insurance premium taxes distributed to political
1283	subdivisions; and amounts specifically appropriated as grants-
1284	in-aid for mental health, mental retardation, and mosquito
1285	control programs.
1286	Section 31.  Subsection (1) of section 655.071, Florida
1287	Statutes, is amended to read:
1288	655.071  International banking facilities; definitions;
1289	notice before establishment.--
1290	(1)  "International banking facility" means a set of asset
1291	and liability accounts segregated on the books and records of a
1292	banking organization, as that term is defined in s. 201.23
1293	199.023, that includes only international banking facility
1294	deposits, borrowings, and extensions of credit, as those terms
1295	shall be defined by the commission pursuant to subsection (2).
1296	Section 32.  Subsections (5) and (6) of section 733.702,
1297	Florida Statutes, are amended to read:
1298	733.702  Limitations on presentation of claims.--
1299	(5)  The Department of Revenue may file a claim against the
1300	estate of a decedent for taxes due under chapter 199 after the
1301	expiration of the time for filing claims provided in subsection
1302	(1), if the department files its claim within 30 days after the
1303	service of the inventory. Upon filing of the estate tax return
1304	with the department as provided in s. 198.13, or to the extent
1305	the inventory or estate tax return is amended or supplemented,
1306	the department has the right to file a claim or to amend its
1307	previously filed claim within 30 days after service of the
1308	estate tax return, or an amended or supplemented inventory or
1309	filing of an amended or supplemental estate tax return, as to
1310	the additional information disclosed.
1311	(5)(6)  Nothing in this section shall extend the
1312	limitations period set forth in s. 733.710.
1313	Section 33.  Effective upon this act becoming a law, the
1314	executive director of the Department of Revenue may, and all
1315	conditions are deemed met, adopt emergency rules under ss.
1316	120.536(1) and 120.54, Florida Statutes, to implement chapter
1317	199, Florida Statutes. Notwithstanding any other provision of
1318	law, such emergency rules shall remain effective for 6 months
1319	after the date of adoption and may be renewed during the
1320	pendency of procedures to adopt rules addressing the subject of
1321	the emergency rules.
1322	Section 34.  Except as otherwise provided herein, this act
1323	shall take effect January 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.