| 1 | A bill to be entitled |
| 2 | An act relating to late-night business security; |
| 3 | providing a short title; creating s. 812.177, F.S.; |
| 4 | providing legislative intent; providing definitions; |
| 5 | requiring specified late-night businesses to have |
| 6 | digital video security camera systems; providing |
| 7 | requirements for such systems; requiring any rate filing |
| 8 | for liability insurance for properties or businesses |
| 9 | subjects to these requirements to include certain |
| 10 | discounts, credits, or other rate differentials; |
| 11 | requiring maintenance of specified records; providing |
| 12 | that records are not admissible in specified court |
| 13 | proceedings; providing exceptions; providing for |
| 14 | enforcement of requirements; providing for civil fines; |
| 15 | providing for disposition of fine proceeds; providing |
| 16 | for injunctions in certain circumstances; providing for |
| 17 | agreements between the Department of Business and |
| 18 | Professional Regulation and local governments for |
| 19 | enforcement assistance; providing for rulemaking; |
| 20 | creating s. 812.1775, F.S.; requiring an Internet- |
| 21 | accessible information database to assist businesses |
| 22 | needing to purchase specified compliance equipment; |
| 23 | authorizing programs to assist businesses in purchasing |
| 24 | compliance equipment; creating s. 205.1955, F.S.; |
| 25 | providing for a tax credit against local occupational |
| 26 | license taxes for costs of digital video security camera |
| 27 | system compliance; providing for limits on credit; |
| 28 | creating s. 220.194, F.S.; providing for a corporate |
| 29 | income tax credit for certain costs of digital video |
| 30 | security camera system compliance; providing for |
| 31 | carryover of unused credit; providing for transfer of |
| 32 | unused credits in certain circumstances; providing for |
| 33 | recovery of deficiencies following audit; providing for |
| 34 | net income effect of claimed credits; providing for |
| 35 | rulemaking; amending s. 220.02, F.S.; conforming a |
| 36 | provision to provide for carryover of unused credits; |
| 37 | providing an effective date. |
| 38 |
|
| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
|
| 41 | Section 1. This act may be cited as the "Sergeant Chris |
| 42 | Reyka Memorial Crime Prevention Act." |
| 43 | Section 2. Section 812.177, Florida Statutes, is created |
| 44 | to read: |
| 45 | 812.177 Late-night businesses; surveillance cameras.-- |
| 46 | (1) PURPOSE.--The purpose of this section is to require |
| 47 | businesses regularly remaining open from 11 p.m. to 5 a.m. at |
| 48 | which a felony has occurred to install surveillance camera |
| 49 | systems in their parking lots. The presence of these |
| 50 | surveillance camera systems may serve to prevent crime and |
| 51 | assist law enforcement agencies in the event that crimes |
| 52 | occur. The Legislature also recognizes that it is proper to |
| 53 | provide incentives to those who bear the expense of installing |
| 54 | and maintaining such surveillance cameras to reduce the cost |
| 55 | of compliance with this section. |
| 56 | (2) DEFINITIONS.--For purposes of this section and s. |
| 57 | 812.1775, the term |
| 58 | (a) "Department" means the Department of Business and |
| 59 | Professional Regulation. |
| 60 | (b) "Late-night business" means a retail or other |
| 61 | business that is open to the general public between the hours |
| 62 | of 11 p.m. and 5 a.m. on a regular basis. |
| 63 | (c) "Regular basis" means a minimum of 200 days per |
| 64 | year. |
| 65 | (3) DIGITAL VIDEO SECURITY CAMERA SYSTEM REQUIRED; |
| 66 | SPECIFICATIONS.-- |
| 67 | (a) If a felony as defined by Florida Statutes occurs or |
| 68 | has occurred at a late-night business since January 1, 2008, |
| 69 | that late-night business shall install a digital video |
| 70 | security camera system to record activity at the premises of |
| 71 | that late-night business. The digital video security camera |
| 72 | system for a free-standing business shall include a minimum of |
| 73 | four cameras and, for a business that is not free-standing, |
| 74 | the system shall have cameras covering as many of the |
| 75 | surveillance areas listed below as feasible. The digital video |
| 76 | security camera system shall include recording equipment. All |
| 77 | cameras and equipment shall meet the minimum performance |
| 78 | standards in this subsection. The department may adopt rules |
| 79 | setting forth technical specifications for equipment necessary |
| 80 | to comply with the performance standards of this subsection. |
| 81 | Three camera surveillance areas shall be located outside the |
| 82 | business and one inside. Additional cameras may be required, |
| 83 | as needed, to provide the coverage as described in this |
| 84 | paragraph. The surveillance areas and types of cameras shall |
| 85 | be as follows: |
| 86 | 1. Surveillance area one shall be outside the business |
| 87 | entry and provide a broad view of the entry of the late-night |
| 88 | business with a clear view of who is entering and leaving the |
| 89 | late-night business. This area shall be covered by a high |
| 90 | resolution day/night camera. |
| 91 | 2. Surveillance area two shall be inside the business to |
| 92 | view patrons entering the late-night business through the |
| 93 | entry door with a view of the front cash register and sales |
| 94 | transaction area, if possible, and shall be covered by a |
| 95 | camera with wide dynamic range, backlight compensation, and |
| 96 | image correction. If only one camera is used and a view of the |
| 97 | entry door and the front cash register and sales transaction |
| 98 | area is not possible, then the camera covering surveillance |
| 99 | area two shall be positioned to show the front cash register |
| 100 | and sales transaction area. |
| 101 | 3. Surveillance area three shall be outside the building |
| 102 | with the camera positioned to give the best possible coverage |
| 103 | for incidents that may occur and shall be covered by an |
| 104 | infrared illuminated day/night camera with a 3.3 to 12 mm |
| 105 | varifocal auto iris lens. |
| 106 | 4. Surveillance area four shall be outside the building |
| 107 | with the camera positioned to give the best possible coverage |
| 108 | for incidents that may occur on the opposite side of the |
| 109 | building from surveillance area three. This area shall be |
| 110 | covered by a camera meeting the same requirements as the |
| 111 | camera used for surveillance area three. |
| 112 | (b) Each camera shall have a clear view of at least 50 |
| 113 | feet for identification purposes. The cameras shall record to |
| 114 | a digital recorder with a minimum resolution of 640 x 480 |
| 115 | pixels. |
| 116 | (c) The digital recorder shall be capable of recording |
| 117 | at 60 frames per second with MPEG-1 compression. The recorder |
| 118 | must be housed in a clean, locked room with adequate |
| 119 | ventilation and accessible to only managers of the late-night |
| 120 | business. The digital recorder shall be capable of retrieving |
| 121 | a still image or archived video on CD or DVD formats to assist |
| 122 | in offender identification and apprehension. The digital video |
| 123 | security camera system must be capable of storing a minimum of |
| 124 | 72 hours of activity from all cameras used at the business. |
| 125 | (4) INCENTIVES.--A late-night business may receive the |
| 126 | following incentives for the installation and maintenance of a |
| 127 | digital video security camera system as required in subsection |
| 128 | (3): |
| 129 | (a) Any rate filing for liability insurance for |
| 130 | commercial properties or businesses covered by this section |
| 131 | must include actuarially reasonable discounts, credits, or |
| 132 | other rate differentials, or appropriate reductions in |
| 133 | deductibles, for properties or businesses that are in |
| 134 | compliance with this section. |
| 135 | (b) A reduction in occupational license taxes as |
| 136 | provided in s. 205.1955. |
| 137 | (c) A corporation tax credit as provided in s. 220.194. |
| 138 | (5) RECORDKEEPING.-- |
| 139 | (a)1. As required by the department, a late-night |
| 140 | business shall maintain records of the cost of installation of |
| 141 | the digital video security camera system and records |
| 142 | indicating that all necessary maintenance of the system has |
| 143 | been performed to keep the system in working order. |
| 144 | 2. A late-night business may also maintain any |
| 145 | additional records necessary for any incentive claimed under |
| 146 | subsection (4). Such records shall be maintained for the time |
| 147 | period required for income tax records provided under s. |
| 148 | 213.35 and shall be provided to the relevant taxing agency or |
| 149 | insurer on request. |
| 150 | (b) Records maintained under paragraph (a) are not |
| 151 | admissible in an action founded in tort against the property |
| 152 | owner or late-night business to prove negligence or other |
| 153 | culpable conduct in connection with an event. This paragraph |
| 154 | does not require the exclusion of evidence when offered for |
| 155 | another purpose, such as proving ownership or control or |
| 156 | impeachment. |
| 157 | (6) ENFORCEMENT.-- |
| 158 | (a) A statement verifying the existence and operation of |
| 159 | a digital video security camera system required by this |
| 160 | section and performance of necessary maintenance must be filed |
| 161 | at least annually with the department as prescribed by rule. |
| 162 | The violation of any provision of this section by any late- |
| 163 | night business shall result in a notice of violation from the |
| 164 | department. Violators shall have 30 days after receipt of the |
| 165 | notice to provide proof of compliance to the department. If |
| 166 | the violation continues after the 30-day period, the |
| 167 | department may impose a civil fine not to exceed $10,000. The |
| 168 | department may make inspections of recording systems for the |
| 169 | purpose of determining that the provisions of this section are |
| 170 | being met and may investigate any alleged violation. The |
| 171 | department may compromise any alleged violation by accepting |
| 172 | from the owner or principal operator an amount not to exceed |
| 173 | $10,000. The department may suspend the imposition of any fine |
| 174 | conditioned upon terms the department in its discretion deems |
| 175 | appropriate. Notices of violation and civil fines shall be |
| 176 | subject to the provisions of chapter 120. |
| 177 | (b) Moneys received by the department pursuant to this |
| 178 | section shall be deposited in the General Revenue Fund. |
| 179 | (c) The department may petition for an injunction when |
| 180 | it is determined that the health, safety, and public welfare |
| 181 | is threatened by continued operation of a late-night business |
| 182 | in violation of this section. In any action for injunction, |
| 183 | the department may seek a civil penalty not to exceed $10,000 |
| 184 | per violation, plus attorney's fees and costs. |
| 185 | (d) The department may enter into agreements with local |
| 186 | governments to assist in the enforcement of this section. Such |
| 187 | agreements may include the provisions for reimbursement of |
| 188 | investigative and enforcement costs incurred by such local |
| 189 | governments. |
| 190 | (6) RULEMAKING.--The department may adopt rules pursuant |
| 191 | to ss. 120.536(1) and 120.54 as necessary to implement the |
| 192 | provisions of this section. |
| 193 | Section 3. Section 812.1775, Florida Statutes, is |
| 194 | created to read: |
| 195 | 812.1775 Equipment purchase assistance.-- |
| 196 | (1) The department shall maintain an Internet-accessible |
| 197 | database of equipment that may be used to comply with the |
| 198 | requirements of s. 812.177, including vendor contact |
| 199 | information and, where available, pricing information. |
| 200 | (2) The department may, in conjunction with any other |
| 201 | state agency, develop a program combining private orders for |
| 202 | equipment that may be used to comply with the requirements of |
| 203 | s. 812.177 and, when feasible, state orders for similar |
| 204 | equipment to obtain a lower price for equipment than available |
| 205 | for purchase by individual late-night businesses. |
| 206 | (3) The department may also develop any other program |
| 207 | that may lower purchase prices for such equipment to late- |
| 208 | night businesses as long as the program does not directly use |
| 209 | state funds to subsidize the purchase of such equipment. |
| 210 | Section 4. Section 205.1955, Florida Statutes, is |
| 211 | created to read: |
| 212 | 205.1955 Tax credit for late-night business digital |
| 213 | video security camera systems.--An annual credit against the |
| 214 | tax imposed by a county or municipality under this chapter, up |
| 215 | to the amount of tax assessed by the county or municipality, |
| 216 | shall be allowed to a taxpayer based on the taxpayer's |
| 217 | expenditures to comply with the installation and maintenance |
| 218 | of a digital video security camera system required under s. |
| 219 | 812.177 for a late-night business. The tax credit shall first |
| 220 | be applied to any municipal tax due, if any. The remaining |
| 221 | available tax credit, if any, shall then be applied to the |
| 222 | county tax due, if any. The total tax credit available to be |
| 223 | applied to county and municipal taxes due from a taxpayer in |
| 224 | any one year shall not exceed the total amount spent by the |
| 225 | taxpayer during that year to comply with s. 812.177. This |
| 226 | section does not relieve a business from an obligation to |
| 227 | obtain a receipt otherwise required by this chapter. Tax |
| 228 | credit unused in one year shall not be carried forward to a |
| 229 | future year. |
| 230 | Section 5. Section 220.194, Florida Statutes, is created |
| 231 | to read: |
| 232 | 220.194 Tax credit for late-night business digital video |
| 233 | security camera systems.-- |
| 234 | (1) As used in this section, the term: |
| 235 | (a) "Late-night business" has the same meaning as |
| 236 | provided in s. 812.177. |
| 237 | (b) "Digital video security camera system" means a |
| 238 | system in compliance with s. 812.177. |
| 239 | (2) An annual credit against the tax imposed by this |
| 240 | chapter shall be allowed to a taxpayer, based on the |
| 241 | taxpayer's expenditures to comply with the installation and |
| 242 | maintenance of a digital video security camera system required |
| 243 | under s. 812.177 for a late-night business, less the amount of |
| 244 | any tax credit claimed by the taxpayer under s. 205.1955 for |
| 245 | any tax due under chapter 205 during that year. |
| 246 | (3) If the tax credit granted pursuant to this section |
| 247 | is not fully used in one year because of insufficient tax |
| 248 | liability on the part of the taxpayer, the unused amount may |
| 249 | be carried forward for a period not to exceed 5 years. The |
| 250 | carryover credit may be used in a subsequent year when the tax |
| 251 | imposed by this chapter for such year exceeds the credit for |
| 252 | such year, after applying the other credits and unused credit |
| 253 | carryovers in the order provided in s. 220.02(8). |
| 254 | (4) A taxpayer that files a consolidated return in this |
| 255 | state as a member of an affiliated group under s. 220.131(1) |
| 256 | may be allowed the credit on a consolidated return basis up to |
| 257 | the amount of tax imposed upon the consolidated group. |
| 258 | (5)(a) Tax credits that may be available under this |
| 259 | section to an entity eligible under this section may be |
| 260 | transferred after a merger or acquisition to the surviving or |
| 261 | acquiring entity and used in the same manner with the same |
| 262 | limitations. |
| 263 | (b) The entity or its surviving or acquiring entity as |
| 264 | described in paragraph (a) may transfer any unused credit in |
| 265 | whole or in units of no less than 25 percent of the remaining |
| 266 | credit. The entity acquiring such credit may use it in the |
| 267 | same manner and with the same limitations under this section. |
| 268 | Such transferred credits may not be transferred again although |
| 269 | they may succeed to a surviving or acquiring entity subject to |
| 270 | the same conditions and limitations as described in this |
| 271 | section. |
| 272 | (c) In the event the credit provided for under this |
| 273 | section is reduced as a result of an examination or audit by |
| 274 | the department, such tax deficiency shall be recovered from |
| 275 | the first entity or the surviving or acquiring entity to have |
| 276 | claimed such credit up to the amount of credit taken. Any |
| 277 | subsequent deficiencies shall be assessed against any entity |
| 278 | acquiring and claiming such credit or, in the case of multiple |
| 279 | succeeding entities, in the order of credit succession. |
| 280 | (6) A taxpayer claiming a credit under this section |
| 281 | shall be required to add back to net income that portion of |
| 282 | its business deductions claimed on its federal return paid or |
| 283 | incurred for the taxable year which is equal to the amount of |
| 284 | the credit allowable for the taxable year under this section. |
| 285 | (7) The department may adopt rules pursuant to ss. |
| 286 | 120.536(1) and 120.54 to implement and administer this |
| 287 | section, including rules prescribing forms, the documentation |
| 288 | needed to substantiate a claim for the tax credit, and the |
| 289 | specific procedures and guidelines for claiming the credit. |
| 290 | Section 6. Subsection (8) of section 220.02, Florida |
| 291 | Statutes, is amended to read: |
| 292 | 220.02 Legislative intent.-- |
| 293 | (8) It is the intent of the Legislature that credits |
| 294 | against either the corporate income tax or the franchise tax |
| 295 | be applied in the following order: those enumerated in s. |
| 296 | 631.828, those enumerated in s. 220.191, those enumerated in |
| 297 | s. 220.181, those enumerated in s. 220.183, those enumerated |
| 298 | in s. 220.182, those enumerated in s. 220.1895, those |
| 299 | enumerated in s. 221.02, those enumerated in s. 220.184, those |
| 300 | enumerated in s. 220.186, those enumerated in s. 220.1845, |
| 301 | those enumerated in s. 220.19, those enumerated in s. 220.185, |
| 302 | those enumerated in s. 220.187, those enumerated in s. |
| 303 | 220.192, and those enumerated in s. 220.193, and those |
| 304 | enumerated in s. 220.194. |
| 305 | Section 7. This act shall take effect January 1, 2009. |