Senate Bill sb2218c1

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    Florida Senate - 2006                           CS for SB 2218

    By the Committee on Regulated Industries; and Senators Lawson,
    Bennett, Jones, Aronberg and King




    580-2426-06

  1                      A bill to be entitled

  2         An act relating to local occupational license

  3         taxes; amending ch. 205, F.S., consisting of

  4         ss. 205.013-205.1973, F.S.; changing the term

  5         "local occupational license tax" to "local

  6         business tax"; defining the term "receipt" as

  7         it relates to business taxes; amending

  8         provisions to conform; providing an effective

  9         date.

10  

11         WHEREAS, local governments impose an occupational

12  license tax for the privilege of engaging in a business or

13  profession, and

14         WHEREAS, what a particular charge is named by

15  government is not dispositive of its correct characterization,

16  and

17         WHEREAS, local governments have a bona fide interest in

18  protecting their residents from consumer fraud, and

19         WHEREAS, some unscrupulous persons present a local

20  occupational license to consumers as proof of competency to

21  perform various repairs and services, and

22         WHEREAS, local consumers are victimized by these

23  representations, and

24         WHEREAS, changing the name of the item issued by local

25  governments from occupational license tax to local business

26  tax may eliminate some fraudulent misrepresentations, and

27         WHEREAS, the Legislature seeks to change the name of

28  the "Local Occupational License Tax Act" to the "Local

29  Business Tax Act" and make related changes, NOW, THEREFORE,

30  

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

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 1         Section 1.  Section 205.013, Florida Statutes, is

 2  amended to read:

 3         205.013  Short title.--This chapter shall be known and

 4  may be cited as the "Local Business Occupational License Tax

 5  Act."

 6         Section 2.  Section 205.022, Florida Statutes, is

 7  amended to read:

 8         205.022  Definitions.--When used in this chapter, the

 9  following terms and phrases shall have the meanings ascribed

10  to them in this section, except when the context clearly

11  indicates a different meaning:

12         (1)(6)  "Business," "profession," and "occupation" do

13  not include the customary religious, charitable, or

14  educational activities of nonprofit religious, nonprofit

15  charitable, and nonprofit educational institutions in this

16  state, which institutions are more particularly defined and

17  limited as follows:

18         (a)  "Religious institutions" means churches and

19  ecclesiastical or denominational organizations or established

20  physical places for worship in this state at which nonprofit

21  religious services and activities are regularly conducted and

22  carried on, and also means church cemeteries.

23         (b)  "Educational institutions" means state

24  tax-supported or parochial, church and nonprofit private

25  schools, colleges, or universities conducting regular classes

26  and courses of study required for accreditation by or

27  membership in the Southern Association of Colleges and

28  Schools, the Department of Education, or the Florida Council

29  of Independent Schools. Nonprofit libraries, art galleries,

30  and museums open to the public are defined as educational

31  institutions and eligible for exemption.

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 1         (c)  "Charitable institutions" means only nonprofit

 2  corporations operating physical facilities in this state at

 3  which are provided charitable services, a reasonable

 4  percentage of which are without cost to those unable to pay.

 5         (2)  "Receipt" means the document that is issued by the

 6  local governing authority which bears the words "Local

 7  Business Tax Receipt" and evidences that the person in whose

 8  name the document is issued has complied with the provisions

 9  of this chapter relating to the business tax.

10         (3)(5)  "Classification" means the method by which a

11  business or group of businesses is identified by size or type,

12  or both.

13         (4)(7)  "Enterprise zone" means an area designated as

14  an enterprise zone pursuant to s. 290.0065. This subsection

15  expires on the date specified in s. 290.016 for the expiration

16  of the Florida Enterprise Zone Act.

17         (5)(1)  "Local business tax occupational license" means

18  the fees charged and the method by which a local governing

19  authority grants the privilege of engaging in or managing any

20  business, profession, or occupation within its jurisdiction.

21  It does not mean any fees or licenses paid to any board,

22  commission, or officer for permits, registration, examination,

23  or inspection. Unless otherwise provided by law, these are

24  deemed to be regulatory and in addition to, but not in lieu

25  of, any local business tax occupational license imposed under

26  the provisions of this chapter.

27         (6)(2)  "Local governing authority" means the governing

28  body of any county or incorporated municipality of this state.

29         (7)(3)  "Person" means any individual, firm,

30  partnership, joint adventure, syndicate, or other group or

31  combination acting as a unit, association, corporation,

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 1  estate, trust, business trust, trustee, executor,

 2  administrator, receiver, or other fiduciary, and includes the

 3  plural as well as the singular.

 4         (8)(4)  "Taxpayer" means any person liable for taxes

 5  imposed under the provisions of this chapter; any agent

 6  required to file and pay any taxes imposed hereunder; and the

 7  heirs, successors, assignees, and transferees of any such

 8  person or agent.

 9         Section 3.  Section 205.023, Florida Statutes, is

10  amended to read:

11         205.023  Requirement to report status of fictitious

12  name registration.--As a prerequisite to receiving a local

13  business tax receipt occupational license under this chapter

14  or transferring a business license under s. 205.033(2) or s.

15  205.043(2), the applicant or new owner must present to the

16  county or municipality that has jurisdiction to issue or

17  transfer the receipt license either:

18         (1)  A copy of the applicant's or new owner's current

19  fictitious name registration, issued by the Division of

20  Corporations of the Department of State; or

21         (2)  A written statement, signed by the applicant or

22  new owner, which sets forth the reason that the applicant or

23  new owner need not comply with the Fictitious Name Act.

24         Section 4.  Section 205.0315, Florida Statutes, is

25  amended to read:

26         205.0315  Ordinance adoption after October 1,

27  1995.--Beginning October 1, 1995, a county or municipality

28  that has not adopted a business an occupational license tax

29  ordinance or resolution may adopt a business an occupational

30  license tax ordinance. The business occupational license tax

31  rate structure and classifications in the adopted ordinance

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 1  must be reasonable and based upon the rate structure and

 2  classifications prescribed in ordinances adopted by adjacent

 3  local governments that have implemented s. 205.0535. If no

 4  adjacent local government has implemented s. 205.0535, or if

 5  the governing body of the county or municipality finds that

 6  the rate structures or classifications of adjacent local

 7  governments are unreasonable, the rate structure or

 8  classifications prescribed in its ordinance may be based upon

 9  those prescribed in ordinances adopted by local governments

10  that have implemented s. 205.0535 in counties or

11  municipalities that have a comparable population.

12         Section 5.  Section 205.032, Florida Statutes, is

13  amended to read:

14         205.032  Levy; counties.--The governing body of a

15  county may levy, by appropriate resolution or ordinance, a

16  business an occupational license tax for the privilege of

17  engaging in or managing any business, profession, or

18  occupation within its jurisdiction. However, the governing

19  body must first give at least 14 days' public notice between

20  the first and last reading of the resolution or ordinance by

21  publishing a notice in a newspaper of general circulation

22  within its jurisdiction as defined by law. The public notice

23  must contain the proposed classifications and rates applicable

24  to the business occupational license tax.

25         Section 6.  Section 205.033, Florida Statutes, is

26  amended to read:

27         205.033  Conditions for levy; counties.--

28         (1)  The following conditions are imposed on the

29  authority of a county governing body to levy a business an

30  occupational license tax:

31  

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 1         (a)  The tax must be based upon reasonable

 2  classifications and must be uniform throughout any class.

 3         (b)  Unless the county implements s. 205.0535 or adopts

 4  a new business occupational license tax ordinance under s.

 5  205.0315, a business an occupational license tax levied under

 6  this subsection may not exceed the rate provided by this

 7  chapter in effect for the year beginning October 1, 1971;

 8  however, beginning October 1, 1980, the county governing body

 9  may increase business occupational license taxes authorized by

10  this chapter. The amount of the increase above the license tax

11  rate levied on October 1, 1971, for license taxes levied at a

12  flat rate may be up to 100 percent for business occupational

13  license taxes that are $100 or less; 50 percent for business

14  occupational license taxes that are between $101 and $300; and

15  25 percent for business occupational license taxes that are

16  more than $300. Beginning October 1, 1982, the increase may

17  not exceed 25 percent for license taxes levied at graduated or

18  per unit rates. Authority to increase business occupational

19  license taxes does not apply to licenses or receipts granted

20  to any utility franchised by the county for which a franchise

21  fee is paid.

22         (c)  A receipt license is not valid for more than 1

23  year, and all receipts licenses expire on September 30 of each

24  year, except as otherwise provided by law.

25         (2)  Any receipt business license may be transferred to

26  a new owner, when there is a bona fide sale of the business,

27  upon payment of a transfer fee of up to 10 percent of the

28  annual business license tax, but not less than $3 nor more

29  than $25, and presentation of the original receipt license and

30  evidence of the sale.

31  

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 1         (3)  Upon written request and presentation of the

 2  original receipt license, any receipt license may be

 3  transferred from one location to another location in the same

 4  county upon payment of a transfer fee of up to 10 percent of

 5  the annual business license tax, but not less than $3 nor more

 6  than $25.

 7         (4)  The revenues derived from the business

 8  occupational license tax, exclusive of the costs of collection

 9  and any credit given for municipal business license taxes,

10  shall be apportioned between the unincorporated area of the

11  county and the incorporated municipalities located therein by

12  a ratio derived by dividing their respective populations by

13  the population of the county. This subsection does not apply

14  to counties that have established a new rate structure under

15  s. 205.0535.

16         (5)  The revenues so apportioned shall be sent to the

17  governing authority of each municipality, according to its

18  ratio, and to the governing authority of the county, according

19  to the ratio of the unincorporated area, within 15 days

20  following the month of receipt. This subsection does not apply

21  to counties that have established a new rate structure under

22  s. 205.0535.

23         (6)(a)  Each county, as defined in s. 125.011(1), or

24  any county adjacent thereto may levy and collect, by an

25  ordinance enacted by the governing body of the county, an

26  additional business occupational license tax up to 50 percent

27  of the appropriate business license tax imposed under

28  subsection (1).

29         (b)  Subsections (4) and (5) do not apply to any

30  revenues derived from the additional tax imposed under this

31  subsection. Proceeds from the additional business license tax

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 1  must be placed in a separate interest-earning account, and the

 2  governing body of the county shall distribute this revenue,

 3  plus accrued interest, each fiscal year to an organization or

 4  agency designated by the governing body of the county to

 5  oversee and implement a comprehensive economic development

 6  strategy through advertising, promotional activities, and

 7  other sales and marketing techniques.

 8         (c)  An ordinance that levies an additional business

 9  occupational license tax under this subsection may not be

10  adopted after January 1, 1995.

11         (7)  Notwithstanding any other provisions of this

12  chapter, the revenue received from a county business

13  occupational license tax may be used for overseeing and

14  implementing a comprehensive economic development strategy

15  through advertising, promotional activities, and other sales

16  and marketing techniques.

17         Section 7.  Section 205.042, Florida Statutes, is

18  amended to read:

19         205.042  Levy; municipalities.--The governing body of

20  an incorporated municipality may levy, by appropriate

21  resolution or ordinance, a business an occupational license

22  tax for the privilege of engaging in or managing any business,

23  profession, or occupation within its jurisdiction. However,

24  the governing body must first give at least 14 days' public

25  notice between the first and last reading of the resolution or

26  ordinance by publishing the notice in a newspaper of general

27  circulation within its jurisdiction as defined by law. The

28  notice must contain the proposed classifications and rates

29  applicable to the business occupational license tax. The

30  business occupational license tax may be levied on:

31  

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 1         (1)  Any person who maintains a permanent business

 2  location or branch office within the municipality, for the

 3  privilege of engaging in or managing any business within its

 4  jurisdiction.

 5         (2)  Any person who maintains a permanent business

 6  location or branch office within the municipality, for the

 7  privilege of engaging in or managing any profession or

 8  occupation within its jurisdiction.

 9         (3)  Any person who does not qualify under subsection

10  (1) or subsection (2) and who transacts any business or

11  engages in any occupation or profession in interstate

12  commerce, if the business license tax is not prohibited by s.

13  8, Art. I of the United States Constitution.

14         Section 8.  Section 205.043, Florida Statutes, is

15  amended to read:

16         205.043  Conditions for levy; municipalities.--

17         (1)  The following conditions are imposed on the

18  authority of a municipal governing body to levy a business an

19  occupational license tax:

20         (a)  The tax must be based upon reasonable

21  classifications and must be uniform throughout any class.

22         (b)  Unless the municipality implements s. 205.0535 or

23  adopts a new business occupational license tax ordinance under

24  s. 205.0315, a business an occupational license tax levied

25  under this subsection may not exceed the rate in effect in the

26  municipality for the year beginning October 1, 1971; however,

27  beginning October 1, 1980, the municipal governing body may

28  increase business occupational license taxes authorized by

29  this chapter. The amount of the increase above the license tax

30  rate levied on October 1, 1971, for license taxes levied at a

31  flat rate may be up to 100 percent for business occupational

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 1  license taxes that are $100 or less; 50 percent for business

 2  occupational license taxes that are between $101 and $300; and

 3  25 percent for business occupational license taxes that are

 4  more than $300. Beginning October 1, 1982, an increase may not

 5  exceed 25 percent for license taxes levied at graduated or per

 6  unit rates. Authority to increase business occupational

 7  license taxes does not apply to receipts or licenses granted

 8  to any utility franchised by the municipality for which a

 9  franchise fee is paid.

10         (c)  A receipts license is not valid for more than 1

11  year and all receipts licenses expire on September 30 of each

12  year, except as otherwise provided by law.

13         (2)  Any business receipt license may be transferred to

14  a new owner, when there is a bona fide sale of the business,

15  upon payment of a transfer fee of up to 10 percent of the

16  annual license tax, but not less than $3 nor more than $25,

17  and presentation of the original receipt license and evidence

18  of the sale.

19         (3)  Upon written request and presentation of the

20  original receipt license, any receipt license may be

21  transferred from one location to another location in the same

22  municipality upon payment of a transfer fee of up to 10

23  percent of the annual license tax, but not less than $3 nor

24  more than $25.

25         (4)  If the governing body of the county in which the

26  municipality is located has levied a business an occupational

27  license tax or subsequently levies such a tax, the collector

28  of the county tax may issue the receipt license and collect

29  the tax thereon.

30         Section 9.  Section 205.045, Florida Statutes, is

31  amended to read:

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 1         205.045  Transfer of administrative duties.--The

 2  governing body of a municipality that levies a business an

 3  occupational license tax may request that the county in which

 4  the municipality is located issue the municipal receipt

 5  license and collect the tax thereon. The governing body of a

 6  county that levies a business an occupational license tax may

 7  request that municipalities within the county issue the county

 8  receipt license and collect the tax thereon. Before any local

 9  government may issue receipts occupational licenses on behalf

10  of another local government, appropriate agreements must be

11  entered into by the affected local governments.

12         Section 10.  Section 205.053, Florida Statutes, is

13  amended to read:

14         205.053  Business tax receipts Occupational licenses;

15  dates due and delinquent; penalties.--

16         (1)  All business tax receipts licenses shall be sold

17  by the appropriate tax collector beginning August 1 of each

18  year, are due and payable on or before September 30 of each

19  year, and expire on September 30 of the succeeding year. If

20  September 30 falls on a weekend or holiday, the tax is due and

21  payable on or before the first working day following September

22  30. Provisions for partial receipts licenses may be made in

23  the resolution or ordinance authorizing such receipts

24  licenses. Receipts Licenses that are not renewed when due and

25  payable are delinquent and subject to a delinquency penalty of

26  10 percent for the month of October, plus an additional 5

27  percent penalty for each subsequent month of delinquency until

28  paid. However, the total delinquency penalty may not exceed 25

29  percent of the business occupational license tax for the

30  delinquent establishment.

31  

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 1         (2)  Any person who engages in or manages any business,

 2  occupation, or profession without first obtaining a local

 3  business tax receipt occupational license, if required, is

 4  subject to a penalty of 25 percent of the tax license due, in

 5  addition to any other penalty provided by law or ordinance.

 6         (3)  Any person who engages in any business,

 7  occupation, or profession covered by this chapter, who does

 8  not pay the required business occupational license tax within

 9  150 days after the initial notice of tax due, and who does not

10  obtain the required receipt occupational license is subject to

11  civil actions and penalties, including court costs, reasonable

12  attorneys' fees, additional administrative costs incurred as a

13  result of collection efforts, and a penalty of up to $250.

14         Section 11.  Section 205.0532, Florida Statutes, is

15  amended to read:

16         205.0532  Revocation or refusal to renew; doing

17  business with Cuba.--Any local governing authority issuing a

18  business tax receipt an occupational license to any

19  individual, business, or entity under this chapter may revoke

20  or refuse to renew such receipt license if the individual,

21  business, or entity, or parent company of such individual,

22  business, or entity, is doing business with Cuba.

23         Section 12.  Section 205.0535, Florida Statutes, is

24  amended to read:

25         205.0535  Reclassification and rate structure

26  revisions.--

27         (1)  By October 1, 1995, any municipality or county

28  may, by ordinance, reclassify businesses, professions, and

29  occupations and may establish new rate structures, if the

30  conditions specified in subsections (2) and (3) are met. A

31  person who is engaged in the business of providing local

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 1  exchange telephone service or a pay telephone service in a

 2  municipality or in the unincorporated area of a county and who

 3  pays the business occupational license tax under the category

 4  designated for telephone companies or a pay telephone service

 5  provider certified pursuant to s. 364.3375 is deemed to have

 6  but one place of business or business location in each

 7  municipality or unincorporated area of a county. Pay telephone

 8  service providers may not be assessed a business an

 9  occupational license tax on a per-instrument basis.

10         (2)  Before adopting a reclassification and revision

11  ordinance, the municipality or county must establish an equity

12  study commission and appoint its members. Each member of the

13  study commission must be a representative of the business

14  community within the local government's jurisdiction. Each

15  equity study commission shall recommend to the appropriate

16  local government a classification system and rate structure

17  for business local occupational license taxes.

18         (3)(a)  After the reclassification and rate structure

19  revisions have been transmitted to and considered by the

20  appropriate local governing body, it may adopt by majority

21  vote a new business occupational license tax ordinance. Except

22  that a minimum license tax of up to $25 is permitted, the

23  reclassification may shall not increase the occupational

24  license tax by more than the following: for receipts licenses

25  costing $150 or less, 200 percent; for receipts licenses

26  costing more than $150 but not more than $500, 100 percent;

27  for receipts licenses costing more than $500 but not more than

28  $2,500, 75 percent; for receipts licenses costing more than

29  $2,500 but not more than $10,000, 50 percent; and for receipts

30  licenses costing more than $10,000, 10 percent; however, in no

31  

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 1  case may the tax on any receipt license be increased more than

 2  $5,000.

 3         (b)  The total annual revenue generated by the new rate

 4  structure for the fiscal year following the fiscal year during

 5  which the rate structure is adopted may not exceed:

 6         1.  For municipalities, the sum of the revenue base and

 7  10 percent of that revenue base. The revenue base is the sum

 8  of the business occupational license tax revenue generated by

 9  receipts licenses issued for the most recently completed local

10  fiscal year or the amount of revenue that would have been

11  generated from the authorized increases under s.

12  205.043(1)(b), whichever is greater, plus any revenue received

13  from the county under s. 205.033(4).

14         2.  For counties, the sum of the revenue base, 10

15  percent of that revenue base, and the amount of revenue

16  distributed by the county to the municipalities under s.

17  205.033(4) during the most recently completed local fiscal

18  year. The revenue base is the business occupational license

19  tax revenue generated by receipts licenses issued for the most

20  recently completed local fiscal year or the amount of revenue

21  that would have been generated from the authorized increases

22  under s. 205.033(1)(b), whichever is greater, but may not

23  include any revenues distributed to municipalities under s.

24  205.033(4).

25         (c)  In addition to the revenue increases authorized by

26  paragraph (b), revenue increases attributed to the increases

27  in the number of receipts licenses issued are authorized.

28         (4)  After the conditions specified in subsections (2)

29  and (3) are met, municipalities and counties may, every other

30  year thereafter, increase by ordinance the rates of business

31  local occupational license taxes by up to 5 percent. The

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 1  increase, however, may not be enacted by less than a majority

 2  plus one vote of the governing body.

 3         (5)  A receipt may not No license shall be issued

 4  unless the federal employer identification number or social

 5  security number is obtained from the person to be taxed

 6  licensed.

 7         Section 13.  Section 205.0536, Florida Statutes, is

 8  amended to read:

 9         205.0536  Distribution of county revenues.--A county

10  that establishes a new rate structure under s. 205.0535 shall

11  retain all business occupational license tax revenues

12  collected from businesses, professions, or occupations whose

13  places of business are located within the unincorporated

14  portions of the county. Any business occupational license tax

15  revenues collected by a county that establishes a new rate

16  structure under s. 205.0535 from businesses, professions, or

17  occupations whose places of business are located within a

18  municipality, exclusive of the costs of collection, must be

19  apportioned between the unincorporated area of the county and

20  the incorporated municipalities located therein by a ratio

21  derived by dividing their respective populations by the

22  population of the county. As used in this section, the term

23  "population" means the latest official state estimate of

24  population certified under s. 186.901. The revenues so

25  apportioned shall be sent to the governing authority of each

26  municipality, according to its ratio, and to the governing

27  authority of the county, according to the ratio of the

28  unincorporated area, within 15 days after the month of

29  receipt.

30         Section 14.  Section 205.0537, Florida Statutes, is

31  amended to read:

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 1         205.0537  Vending and amusement machines.--The business

 2  premises where a coin-operated or token-operated vending

 3  machine that dispenses products, merchandise, or services or

 4  where an amusement or game machine is operated must assure

 5  that any required municipal or county business tax receipt

 6  occupational license for the machine is secured. The term

 7  "vending machine" does not include coin-operated telephone

 8  sets owned by persons who are in the business of providing

 9  local exchange telephone service and who pay the business tax

10  occupational license under the category designated for

11  telephone companies in the municipality or county or a pay

12  telephone service provider certified pursuant to s. 364.3375.

13  The business license tax for vending and amusement machines

14  must be assessed based on the highest number of machines

15  located on the business premises on any single day during the

16  previous receipted licensing year or, in the case of new

17  businesses, be based on an estimate for the current year.

18  Replacement of one vending machine with another machine during

19  a receipted licensing year does not affect the tax assessment

20  for that year, unless the replacement machine belongs to a

21  business an occupational license tax classification that

22  requires a higher tax rate. For the first year in which a

23  municipality or county assesses a business an occupational

24  license tax on vending machines, each business owning machines

25  located in the municipality or county must notify the

26  municipality or county, upon request, of the location of such

27  machines. Each business owning machines must provide notice of

28  the provisions of this section to each affected business

29  premises where the machines are located. The business premises

30  must secure the receipt license if it is not otherwise

31  secured.

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 1         Section 15.  Section 205.054, Florida Statutes, is

 2  amended to read:

 3         205.054  Business Occupational license tax; partial

 4  exemption for engaging in business or occupation in enterprise

 5  zone.--

 6         (1)  Notwithstanding the provisions of s. 205.033(1)(a)

 7  or s. 205.043(1)(a), the governing body of a county or

 8  municipality may authorize by appropriate resolution or

 9  ordinance, adopted pursuant to the procedure established in s.

10  205.032 or s. 205.042, the exemption of 50 percent of the

11  business occupational license tax levied for the privilege of

12  engaging in or managing any business, profession, or

13  occupation in the respective jurisdiction of the county or

14  municipality when such privilege is exercised at a permanent

15  business location or branch office located in an enterprise

16  zone.

17         (2)  Such exemption applies to each classification for

18  which a business tax receipt an occupational license is

19  required in the jurisdiction. Classifications shall be the

20  same in an enterprise zone as elsewhere in the jurisdiction.

21  Each county or municipal business tax receipt occupational

22  license issued with the exemption authorized in this section

23  shall be in the same general form as the other county or

24  municipal business tax receipts occupational licenses and

25  shall expire at the same time as those other receipts licenses

26  expire as fixed by law. Any receipt license issued with the

27  exemption authorized in this section is nontransferable. The

28  exemption authorized in this section does not apply to any

29  penalty authorized in s. 205.053.

30         (3)  Each tax collecting authority of a county or

31  municipality which provides the exemption authorized in this

                                  17

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 1  section shall issue to each person who may be entitled to the

 2  exemption a receipt license pursuant to the provisions

 3  contained in this section. Before a receipt license with such

 4  exemption is issued to an applicant, the tax collecting

 5  authority must, in each case, be provided proof that the

 6  applicant is entitled to such exemption. Such proof shall be

 7  made by means of a statement filed under oath with the tax

 8  collecting authority, which statement indicates that the

 9  permanent business location or branch office of the applicant

10  is located in an enterprise zone of a jurisdiction which has

11  authorized the exemption permitted in this section.

12         (4)  Any receipt license obtained with the exemption

13  authorized in this subsection by the commission of fraud upon

14  the issuing authority is shall be deemed null and void. Any

15  person who has fraudulently obtained such exemption and

16  thereafter engages, under color of the receipt license, in any

17  business, profession, or occupation requiring the business tax

18  receipt license is subject to prosecution for engaging in a

19  business, profession, or occupation without having the

20  required receipt license under the laws of the state.

21         (5)  If In the event an area nominated as an enterprise

22  zone pursuant to s. 290.0055 has not yet been designated

23  pursuant to s. 290.0065, the governing body of a county or

24  municipality may enact the appropriate ordinance or resolution

25  authorizing the exemption permitted in this section; however,

26  such ordinance or resolution will not be effective until such

27  area is designated pursuant to s. 290.0065.

28         (6)  This section expires on the date specified in s.

29  290.016 for the expiration of the Florida Enterprise Zone Act;

30  and a receipt may not no license shall be issued with the

31  

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 1  exemption authorized in this section for any period beginning

 2  on or after that date.

 3         Section 16.  Section 205.063, Florida Statutes, is

 4  amended to read:

 5         205.063  Exemptions; motor vehicles.--Vehicles used by

 6  any person receipted licensed under this chapter for the sale

 7  and delivery of tangible personal property at either wholesale

 8  or retail from his or her place of business on which a

 9  business tax license is paid may shall not be construed to be

10  separate places of business, and a business tax no license may

11  not be levied on such vehicles or the operators thereof as

12  salespersons or otherwise by a county or incorporated

13  municipality, any other law to the contrary notwithstanding.

14         Section 17.  Section 205.064, Florida Statutes, is

15  amended to read:

16         205.064  Farm, aquacultural, grove, horticultural,

17  floricultural, tropical piscicultural, and tropical fish farm

18  products; certain exemptions.--

19         (1)  A No local business tax receipt is not

20  occupational license shall be required of any natural person

21  for the privilege of engaging in the selling of farm,

22  aquacultural, grove, horticultural, floricultural, tropical

23  piscicultural, or tropical fish farm products, or products

24  manufactured therefrom, except intoxicating liquors, wine, or

25  beer, when such products were grown or produced by such

26  natural person in the state.

27         (2)  A wholesale farmers' produce market may shall have

28  the right to pay a tax of not more than $200 for a receipt

29  license that will entitle the market's stall tenants to engage

30  in the selling of agricultural and horticultural products

31  therein, in lieu of such tenants being required to obtain

                                  19

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 1  individual local business tax receipts occupational licenses

 2  to so engage.

 3         Section 18.  Section 205.065, Florida Statutes, is

 4  amended to read:

 5         205.065  Exemption; nonresident persons regulated by

 6  the Department of Business and Professional Regulation.--If

 7  any person engaging in or managing a business, profession, or

 8  occupation regulated by the Department of Business and

 9  Professional Regulation has paid a business an occupational

10  license tax for the current year to the county or municipality

11  in the state where the person's permanent business location or

12  branch office is maintained, no other local governing

13  authority may levy a business an occupational license tax, or

14  any registration or regulatory fee equivalent to the business

15  occupational license tax, on the person for performing work or

16  services on a temporary or transitory basis in another

17  municipality or county. In no event shall any Work or services

18  performed in a place other than the county or municipality

19  where the permanent business location or branch office is

20  maintained may not be construed as creating a separate

21  business location or branch office of that person for the

22  purposes of this chapter. Any properly licensed contractor

23  asserting an exemption under this section who is unlawfully

24  required by the local governing authority to pay a business an

25  occupational license tax, or any registration or regulatory

26  fee equivalent to a business the occupational license tax, has

27  shall have standing to challenge the propriety of the local

28  government's actions, and the prevailing party in such a

29  challenge is entitled to recover a reasonable attorney's fee.

30         Section 19.  Section 205.162, Florida Statutes, is

31  amended to read:

                                  20

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 1         205.162  Exemption allowed certain disabled persons,

 2  the aged, and widows with minor dependents.--

 3         (1)  All disabled persons physically incapable of

 4  manual labor, widows with minor dependents, and persons 65

 5  years of age or older, with not more than one employee or

 6  helper, and who use their own capital only, not in excess of

 7  $1,000, may shall be allowed to engage in any business or

 8  occupation in counties in which they live without being

 9  required to pay for a business tax license. The exemption

10  provided by this section shall be allowed only upon the

11  certificate of the county physician, or other reputable

12  physician, that the applicant claiming the exemption is

13  disabled, the nature and extent of the disability being

14  specified therein, and in case the exemption is claimed by a

15  widow with minor dependents, or a person over 65 years of age,

16  proof of the right to the exemption shall be made. Any person

17  entitled to the exemption provided by this section shall, upon

18  application and furnishing of the necessary proof as

19  aforesaid, be issued a receipt license which shall have

20  plainly stamped or written across the face thereof the fact

21  that it is issued under this section, and the reason for the

22  exemption shall be written thereon.

23         (2)  Neither In no event under this nor or any other

24  law exempts shall any person, veteran or otherwise, be allowed

25  any exemption whatsoever from the payment of any amount

26  required by law for the issuance of a license to sell

27  intoxicating liquors or malt and vinous beverages.

28         Section 20.  Section 205.171, Florida Statutes, is

29  amended to read:

30         205.171  Exemptions allowed disabled veterans of any

31  war or their unremarried spouses.--

                                  21

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 1         (1)  Any bona fide, permanent resident elector of the

 2  state who served as an officer or enlisted person during any

 3  of the periods specified in s. 1.01(14) in the Armed Forces of

 4  the United States, National Guard, or United States Coast

 5  Guard or Coast Guard Reserve, or any temporary member thereof,

 6  who has actually been, or may hereafter be, reassigned by the

 7  air force, army, navy, coast guard, or marines to active duty

 8  during any war, declared or undeclared, armed conflicts,

 9  crises, etc., who was honorably discharged from the service of

10  the United States, and who at the time of his or her

11  application for a business tax receipt is license as

12  hereinafter mentioned shall be disabled from performing manual

13  labor shall, upon sufficient identification, proof of being a

14  permanent resident elector in the state, and production of an

15  honorable discharge from the service of the United States:

16         (a)  Be granted a receipt license to engage in any

17  business or occupation in the state which may be carried on

18  mainly through the personal efforts of the receiptholder

19  licensee as a means of livelihood and for which the state

20  license or, county, or municipal receipt license does not

21  exceed the sum of $50 for each without payment of any business

22  license tax otherwise provided for by law; or

23         (b)  Be entitled to an exemption to the extent of $50

24  on any receipt license to engage in any business or occupation

25  in the state which may be carried on mainly through the

26  personal efforts of the receiptholder licensee as a means of

27  livelihood when the state license or, county, or municipal

28  receipt license for such business or occupation is shall be

29  more than $50. The exemption heretofore referred to shall

30  extend to and include the right of the receiptholder licensee

31  to operate an automobile-for-hire of not exceeding

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 1  five-passenger capacity, including the driver, when it shall

 2  be made to appear that such automobile is bona fide owned or

 3  contracted to be purchased by the receiptholder licensee and

 4  is being operated by him or her as a means of livelihood and

 5  that the proper business license tax for the operation of such

 6  motor vehicle for private use has been applied for and

 7  attached to the said motor vehicle and the proper fees

 8  therefor paid by the receiptholder licensee.

 9         (2)  When any such person applies shall apply for a

10  receipt license to conduct any business or occupation for

11  which either the county or municipal business license tax

12  exceeds as fixed by law shall exceed the sum of $50, the

13  remainder of such license tax in excess of $50 shall be paid

14  in cash.

15         (3)  Each and every tax collecting authority of this

16  state and of each county thereof and each municipality therein

17  shall issue to such persons as may be entitled hereunder a

18  receipt license pursuant to the foregoing provision and

19  subject to the conditions thereof. Such receipt license when

20  issued shall be marked across the face thereof "Veterans

21  Exempt Receipt License"--"Not Transferable." Before issuing

22  the receipt same, proof shall be duly made in each case that

23  the applicant is entitled under the conditions of this law to

24  receive the exemption herein provided for. The proof may be

25  made by establishing to the satisfaction of such tax

26  collecting authority by means of certificate of honorable

27  discharge or certified copy thereof that the applicant is a

28  veteran within the purview of this section and by exhibiting:

29         (a)  A certificate of government-rated disability to an

30  extent of 10 percent or more;

31  

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    Florida Senate - 2006                           CS for SB 2218
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 1         (b)  The affidavit or testimony of a reputable

 2  physician who personally knows the applicant and who makes

 3  oath that the applicant is disabled from performing manual

 4  labor as a means of livelihood;

 5         (c)  The certificate of the veteran's service officer

 6  of the county in which applicant lives, duly executed under

 7  the hand and seal of the chief officer and secretary thereof,

 8  attesting the fact that the applicant is disabled and entitled

 9  to receive a receipt license within the meaning and intent of

10  this section;

11         (d)  A pension certificate issued to him or her by the

12  United States by reason of such disability; or

13         (e)  Such other reasonable proof as may be required by

14  the tax collecting authority to establish the fact that such

15  applicant is so disabled.

16  

17  All receipts licenses issued under this section shall be in

18  the same general form as other state, county, and municipal

19  licenses and shall expire at the same time as such other

20  licenses are fixed by law to expire.

21         (4)  Receipts All licenses obtained under the

22  provisions of this section by the commission of fraud upon any

23  issuing authority are shall be deemed null and void. Any

24  person who has fraudulently obtained a receipt any such

25  license, or who has fraudulently received any transfer of a

26  receipt license issued to another, and has thereafter engaged

27  in any business or occupation requiring a receipt license

28  under color thereof is shall be subject to prosecution as for

29  engaging in a business or occupation without having the

30  required receipt license under the laws of the state. Such

31  receipt may license shall not be issued in any county other

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 1  than the county where the wherein said veteran is a bona fide

 2  resident citizen elector, unless such veteran produces

 3  applying therefor shall produce to the tax collecting

 4  authority in such county a certificate of the tax collector of

 5  his or her home county to the effect that no exemption from

 6  taxation license has been granted to such veteran in his or

 7  her home county under the authority of this section.

 8         (5)  Neither In no event, under this nor or any other

 9  law exempts, shall any person, veteran or otherwise, be

10  allowed any exemption whatsoever from the payment of any

11  amount required by law for the issuance of a license to sell

12  intoxicating liquors or malt and vinous beverages.

13         (6)  The unremarried spouse of a the deceased disabled

14  veteran of any war in which the United States Armed Forces

15  participated is will be entitled to the same exemptions as the

16  disabled veteran.

17         Section 21.  Section 205.191, Florida Statutes, is

18  amended to read:

19         205.191  Religious tenets; exemption.--Nothing in This

20  chapter does not shall be construed to require a business tax

21  receipt license for practicing the religious tenets of any

22  church.

23         Section 22.  Section 205.192, Florida Statutes, is

24  amended to read:

25         205.192  Charitable, etc., organizations; occasional

26  sales, fundraising; exemption.--A business tax receipt is not

27  No occupational license shall be required of any charitable,

28  religious, fraternal, youth, civic, service, or other similar

29  such organization that when the organization makes occasional

30  sales or engages in fundraising projects that when the

31  projects are performed exclusively by the members, thereof and

                                  25

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 1  when the proceeds derived from the activities are used

 2  exclusively in the charitable, religious, fraternal, youth,

 3  civic, and service activities of the organization.

 4         Section 23.  Section 205.193, Florida Statutes, is

 5  amended to read:

 6         205.193  Mobile home setup operations; local business

 7  tax receipt license prohibited; exception.--A No county,

 8  municipality, or other unit of local government may not

 9  require a duly licensed mobile home dealer or a duly licensed

10  mobile home manufacturer, or an employee of a such dealer or

11  manufacturer, who performs setup operations as defined in s.

12  320.822 to be a business tax receiptholder licensed to engage

13  in such operations. However, such dealer or manufacturer must

14  shall be required to obtain a local receipt occupational

15  license for his or her permanent business location or branch

16  office, which receipt license shall not require for its

17  issuance any conditions other than those required by chapter

18  320.

19         Section 24.  Section 205.194, Florida Statutes, is

20  amended to read:

21         205.194  Prohibition of local business tax receipt

22  occupational licensure without exhibition of state license or

23  registration.--

24         (1)  Any person applying for or renewing a local

25  business tax receipt occupational license for the licensing

26  period beginning October 1, 1985, to practice any profession

27  regulated by the Department of Business and Professional

28  Regulation, or any board or commission thereof, must exhibit

29  an active state certificate, registration, or license, or

30  proof of copy of the same, before such local receipt

31  occupational license may be issued. Thereafter, only persons

                                  26

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 1  applying for the first time for a receipt local occupational

 2  license must exhibit such certification, registration, or

 3  license.

 4         (2)  The Department of Business and Professional

 5  Regulation shall, by August 1 of each year, supply to the

 6  local official who issues local business tax receipts

 7  occupational licenses a current list of professions it

 8  regulates and information regarding those persons for whom

 9  receipts local occupational licenses should not be renewed due

10  to the suspension, revocation, or inactivation of such

11  person's state license, certificate, or registration. The

12  official who issues local business tax receipts occupational

13  licenses shall not renew such license unless such person can

14  exhibit an active state certificate, registration, or license.

15         (3)  This section shall not apply to s. 489.113, s.

16  489.117, s. 489.119, s. 489.131, s. 489.511, s. 489.513, s.

17  489.521, or s. 489.537.

18         Section 25.  Section 205.196, Florida Statutes, is

19  amended to read:

20         205.196  Pharmacies and pharmacists.--A No state,

21  county, or municipal licensing agency may not shall issue a

22  business tax receipt an occupational license to operate a

23  pharmacy unless the applicant produces shall first exhibit a

24  current permit issued by the Board of Pharmacy; however, no

25  such receipt is occupational license shall be required in

26  order to practice the profession of pharmacy.

27         Section 26.  Section 205.1965, Florida Statutes, is

28  amended to read:

29         205.1965  Assisted living facilities.--A county or

30  municipality may not issue a business tax receipt an

31  occupational license for the operation of an assisted living

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 1  facility pursuant to part III of chapter 400 without first

 2  ascertaining that the applicant has been licensed by the

 3  Agency for Health Care Administration to operate such facility

 4  at the specified location or locations. The Agency for Health

 5  Care Administration shall furnish to local agencies

 6  responsible for issuing business tax receipts occupational

 7  licenses sufficient instructions for making the above required

 8  determinations.

 9         Section 27.  Section 205.1967, Florida Statutes, is

10  amended to read:

11         205.1967  Prerequisite for issuance of pest control

12  business tax receipt occupational license.--A municipality or

13  county may not issue a business tax receipt an occupational

14  license to any pest control business regulated coming under

15  chapter 482, unless a current license has been procured from

16  the Department of Agriculture and Consumer Services for each

17  of its business locations in that municipality or county. Upon

18  presentation of the requisite licenses from the department and

19  the required fee, a business tax receipt an occupational

20  license shall be issued by the municipality or county in which

21  application is made.

22         Section 28.  Section 205.1969, Florida Statutes, is

23  amended to read:

24         205.1969  Health studios; consumer protection.--A No

25  county or municipality may not shall issue or renew a business

26  tax receipt an occupational license for the operation of a

27  health studio pursuant to ss. 501.012-501.019 or ballroom

28  dance studio pursuant to s. 501.143, unless such business

29  exhibits a current license, registration, or letter of

30  exemption from the Department of Agriculture and Consumer

31  Services.

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 1         Section 29.  Section 205.1971, Florida Statutes, is

 2  amended to read:

 3         205.1971  Sellers of travel; consumer protection.--A No

 4  county or municipality may not shall issue or renew a business

 5  tax receipt an occupational license to engage in business as a

 6  seller of travel pursuant to part XI of chapter 559 unless

 7  such business exhibits a current registration or letter of

 8  exemption from the Department of Agriculture and Consumer

 9  Services.

10         Section 30.  Section 205.1973, Florida Statutes, is

11  amended to read:

12         205.1973  Telemarketing businesses; consumer

13  protection.--A county or municipality may not issue or renew a

14  business tax receipt an occupational license for the operation

15  of a telemarketing business under ss. 501.604 and 501.608,

16  unless such business exhibits a current license or

17  registration from the Department of Agriculture and Consumer

18  Services or a current affidavit of exemption.

19         Section 31.  This act shall take effect January 1,

20  2007.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 2218

24                                 

25  The CS incorporates whereas clauses in the bill and changes
    references from business tax "certificate" to business tax
26  "receipt" in order to clarify that a person who pays
    occupational business taxes receives only a receipt for
27  payment, not a certificate.  The CS also changes the effective
    date of the bill from July 1, 2006 to January 1, 2007.
28  

29  

30  

31  

                                  29

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