Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2578
       
       
       
       
       
       
                                Barcode 224676                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Finance and Tax (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 55.204, Florida Statutes, is amended to
    6  read:
    7         55.204 Duration and continuation of judgment lien;
    8  destruction of records.—
    9         (1) Except as provided in this section, a judgment lien
   10  acquired under s. 55.202 lapses and becomes invalid 5 years
   11  after the date of filing the judgment lien certificate.
   12         (2) Liens securing the payment of child support or tax
   13  obligations as set forth in s. 95.091(1)(b) shall not lapse
   14  until 20 years after the date of the original filing of the
   15  warrant or other document required by law to establish a lien.
   16  Liens securing the payment of unemployment tax obligations lapse
   17  10 years after the date of the original filing of the notice of
   18  lien. A No second lien based on the original filing may not be
   19  obtained.
   20         (3) At any time within 6 months before or 6 months after
   21  the scheduled lapse of a judgment lien under subsection (1), the
   22  judgment creditor may acquire a second judgment lien by filing a
   23  new judgment lien certificate. The effective date of the second
   24  judgment lien is the date and time on which the judgment lien
   25  certificate is filed. The second judgment lien is a new judgment
   26  lien and not a continuation of the original judgment lien. The
   27  second judgment lien permanently lapses and becomes invalid 5
   28  years after its filing date, and no additional liens based on
   29  the original judgment or any judgment based on the original
   30  judgment may be acquired.
   31         (4) A judgment lien continues only as to itemized property
   32  for an additional 90 days after lapse of the lien. Such judgment
   33  lien will continue only if:
   34         (a) The property had been itemized and its location
   35  described with sufficient particularity in the instructions for
   36  levy to permit the sheriff to act;
   37         (b) The instructions for the levy had been delivered to the
   38  sheriff prior to the date of lapse of the lien; and
   39         (c) The property was located in the county in which the
   40  sheriff has jurisdiction at the time of delivery of the
   41  instruction for levy. Subsequent removal of the property does
   42  not defeat the lien. A court may order continuation of the lien
   43  beyond the 90-day period on a showing that extraordinary
   44  circumstances have prevented levy.
   45         (5) The date of lapse of a judgment lien whose
   46  enforceability has been temporarily stayed or enjoined as a
   47  result of any legal or equitable proceeding is tolled until 30
   48  days after the stay or injunction is terminated.
   49         (6) If a no second judgment lien is not filed, the
   50  Department of State shall maintain each judgment lien file and
   51  all information contained therein for a minimum of 1 year after
   52  the judgment lien lapses in accordance with this section. If a
   53  second judgment lien is filed, the department shall maintain
   54  both files and all information contained in such files for a
   55  minimum of 1 year after the second judgment lien lapses.
   56         (7) Nothing in This section does not shall be construed to
   57  extend the life of a judgment lien beyond the time that the
   58  underlying judgment, order, decree, or warrant otherwise expires
   59  or becomes invalid pursuant to law.
   60         Section 2. Effective July 1, 2009, section 72.011, Florida
   61  Statutes, is amended to read:
   62         72.011 Jurisdiction of circuit courts in specific tax
   63  matters; administrative hearings and appeals; time for
   64  commencing action; parties; deposits.—
   65         (1)(a) A taxpayer may contest the legality of any
   66  assessment or denial of refund of tax, fee, surcharge, permit,
   67  interest, or penalty provided for under s. 125.0104, s.
   68  125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
   69  chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
   70  chapter 212, chapter 213, chapter 220, chapter 221, s.
   71  379.362(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
   72  538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
   73  chapter 563, chapter 564, chapter 565, chapter 624, or s.
   74  681.117 by filing an action in circuit court; or, alternatively,
   75  the taxpayer may file a petition under the applicable provisions
   76  of chapter 120. However, once an action has been initiated under
   77  s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
   78  120.80(14)(b), no action relating to the same subject matter may
   79  be filed by the taxpayer in circuit court, and judicial review
   80  shall be exclusively limited to appellate review pursuant to s.
   81  120.68; and once an action has been initiated in circuit court,
   82  no action may be brought under chapter 120.
   83         (b) A taxpayer may not file an action under paragraph (a)
   84  to contest an assessment or a denial of refund of any tax, fee,
   85  surcharge, permit, interest, or penalty relating to the statutes
   86  listed in paragraph (a) until the taxpayer complies with the
   87  applicable registration requirements contained in those statutes
   88  which apply to the tax for which the action is filed.
   89         (2)(a) An action may not be brought to contest an
   90  assessment of any tax, interest, or penalty assessed under a
   91  section or chapter specified in subsection (1) if the petition
   92  is postmarked or the action is filed more than 60 days after the
   93  date the assessment becomes final. An action may not be brought
   94  to contest a denial of refund of any tax, interest, or penalty
   95  paid under a section or chapter specified in subsection (1) if
   96  the petition is postmarked or the action is filed more than 60
   97  days after the date the denial becomes final.
   98         (b) The date on which an assessment or a denial of refund
   99  becomes final and procedures by which a taxpayer must be
  100  notified of the assessment or of the denial of refund must be
  101  established:
  102         1. By rule adopted by the Department of Revenue;
  103         2. With respect to assessments or refund denials under
  104  chapter 207, by rule adopted by the Department of Highway Safety
  105  and Motor Vehicles;
  106         3. With respect to assessments or refund denials under
  107  chapters 210, 550, 561, 562, 563, 564, and 565, by rule adopted
  108  by the Department of Business and Professional Regulation; or
  109         4. With respect to taxes that a county collects or enforces
  110  under s. 125.0104(10) or s. 212.0305(5), by an ordinance that
  111  may additionally provide for informal dispute resolution
  112  procedures in accordance with s. 213.21.
  113         (c) The applicable department or county need not file or
  114  docket an assessment or a refund denial with the agency clerk or
  115  county official designated by ordinance in order for the
  116  assessment or refund denial to become final for purposes of an
  117  action initiated under this chapter or chapter 120.
  118         (3) In any action filed in circuit court contesting the
  119  legality of any tax, interest, or penalty assessed under a
  120  section or chapter specified in subsection (1), the plaintiff
  121  must:
  122         (a) Pay to the applicable department or county the amount
  123  of the tax, penalty, and accrued interest assessed by the
  124  department or county which is not being contested by the
  125  taxpayer; and either
  126         (b)1. Tender into the registry of the court with the
  127  complaint the amount of the contested assessment complained of,
  128  including penalties and accrued interest, unless this
  129  requirement is waived in writing by the executive director of
  130  the applicable department or by the county official designated
  131  by ordinance; or
  132         2. File with the complaint a cash bond or a surety bond for
  133  the amount of the contested assessment endorsed by a surety
  134  company authorized to do business in this state, or by any other
  135  security arrangement as may be approved by the court, and
  136  conditioned upon payment in full of the judgment, including the
  137  taxes, costs, penalties, and interest, unless this requirement
  138  is waived in writing by the executive director of the applicable
  139  department or by the county official designated by ordinance.
  140  
  141  The Department of Revenue, the Department of Highway Safety and
  142  Motor Vehicles, or the Department of Business and Professional
  143  Regulation may adopt rules that govern the manner and form in
  144  which a plaintiff may request a waiver from the respective
  145  agency. Failure to pay the uncontested amount as required in
  146  paragraph (a) shall result in the dismissal of the action and
  147  imposition of an additional penalty in the amount of 25 percent
  148  of the tax assessed. Provided, However, that if, at any point in
  149  the action, it is determined or discovered that a plaintiff, due
  150  to a good faith de minimis error, failed to comply with any of
  151  the requirements of paragraph (a) or paragraph (b), the
  152  plaintiff shall be given a reasonable time within which to
  153  comply before the action is dismissed. For purposes of this
  154  subsection, there shall be a rebuttable presumption that if the
  155  error involves an amount equal to or less than 5 percent of the
  156  total assessment the error is de minimis and that if the error
  157  is more than 5 percent of the total assessment the error is not
  158  de minimis.
  159         (4)(a) Except as provided in paragraph (b), an action
  160  initiated in circuit court pursuant to subsection (1) shall be
  161  filed in the Second Judicial Circuit Court in and for Leon
  162  County or in the circuit court in the county where the taxpayer
  163  resides, maintains its principal commercial domicile in this
  164  state, or, in the ordinary course of business, regularly
  165  maintains its books and records in this state.
  166         (b) Venue in an action initiated in circuit court pursuant
  167  to subsection (1) by a taxpayer that is not a resident of this
  168  state or that does not maintain a commercial domicile in this
  169  state shall be in Leon County. Venue in an action contesting the
  170  legality of an assessment or refund denial arising under chapter
  171  198 shall be in the circuit court having jurisdiction over the
  172  administration of the estate.
  173         (5) The requirements of subsections (1), (2), and (3) are
  174  jurisdictional.
  175         (6) Any action brought under this chapter is not subject to
  176  the provisions of chapter 45 as amended by chapter 87-249, Laws
  177  of Florida, relating to offers of settlement.
  178         Section 3. Subsection (1) of section 95.091, Florida
  179  Statutes, is amended to read:
  180         95.091 Limitation on actions to collect taxes.—
  181         (1)(a) Except in the case of taxes for which certificates
  182  have been sold, taxes enumerated in ss. 72.011 and 443.141 s.
  183  72.011, or tax liens issued under s. 196.161, any tax lien
  184  granted by law to the state or any of its political
  185  subdivisions, any municipality, any public corporation or body
  186  politic, or any other entity having authority to levy and
  187  collect taxes shall expire 5 years after the date the tax is
  188  assessed or becomes delinquent, whichever is later. No action
  189  may be begun to collect any tax after the expiration of the lien
  190  securing the payment of the tax.
  191         (b) Any tax lien granted by law to the state or any of its
  192  political subdivisions for any tax enumerated in s. 72.011 or
  193  any tax lien imposed under s. 196.161 shall expire 20 years
  194  after the last date the tax may be assessed, after the tax
  195  becomes delinquent, or after the filing of a tax warrant,
  196  whichever is later. An action to collect any tax enumerated in
  197  s. 72.011 may not be commenced after the expiration of the lien
  198  securing the payment of the tax.
  199         Section 4. Subsection (1) of section 202.125, Florida
  200  Statutes, is amended to read:
  201         202.125 Sales of communications services; specified
  202  exemptions.—
  203         (1) The separately stated sales price of communications
  204  services sold to residential households is exempt from the tax
  205  imposed by s. 202.12. This exemption shall not apply to any
  206  residence that constitutes all or part of a transient public
  207  lodging establishment as defined in chapter 509, any mobile
  208  communications service, any cable service, or any direct-to-home
  209  satellite service.
  210         Section 5. Subsections (1) and (3) of section 212.07,
  211  Florida Statutes, are amended to read:
  212         212.07 Sales, storage, use tax; tax added to purchase
  213  price; dealer not to absorb; liability of purchasers who cannot
  214  prove payment of the tax; penalties; general exemptions.—
  215         (1)(a) The privilege tax herein levied measured by retail
  216  sales shall be collected by the dealers from the purchaser or
  217  consumer.
  218         (b) A resale must be in strict compliance with s. 212.18
  219  and the rules and regulations, and any dealer who makes a sale
  220  for resale which is not in strict compliance with s. 212.18 and
  221  the rules and regulations shall himself or herself be liable for
  222  and pay the tax. Any dealer who makes a sale for resale shall
  223  document the exempt nature of the transaction, as established by
  224  rules promulgated by the department, by retaining a copy of the
  225  purchaser’s resale certificate. In lieu of maintaining a copy of
  226  the certificate, a dealer may document, prior to the time of
  227  sale, an authorization number provided telephonically or
  228  electronically by the department, or by such other means
  229  established by rule of the department. The dealer may rely on a
  230  resale certificate issued pursuant to s. 212.18(3)(d) s.
  231  212.18(3)(c), valid at the time of receipt from the purchaser,
  232  without seeking annual verification of the resale certificate if
  233  the dealer makes recurring sales to a purchaser in the normal
  234  course of business on a continual basis. For purposes of this
  235  paragraph, “recurring sales to a purchaser in the normal course
  236  of business” refers to a sale in which the dealer extends credit
  237  to the purchaser and records the debt as an account receivable,
  238  or in which the dealer sells to a purchaser who has an
  239  established cash or C.O.D. account, similar to an open credit
  240  account. For purposes of this paragraph, purchases are made from
  241  a selling dealer on a continual basis if the selling dealer
  242  makes, in the normal course of business, sales to the purchaser
  243  no less frequently than once in every 12-month period. A dealer
  244  may, through the informal protest provided for in s. 213.21 and
  245  the rules of the Department of Revenue, provide the department
  246  with evidence of the exempt status of a sale. Consumer
  247  certificates of exemption executed by those exempt entities that
  248  were registered with the department at the time of sale, resale
  249  certificates provided by purchasers who were active dealers at
  250  the time of sale, and verification by the department of a
  251  purchaser’s active dealer status at the time of sale in lieu of
  252  a resale certificate shall be accepted by the department when
  253  submitted during the protest period, but may not be accepted in
  254  any proceeding under chapter 120 or any circuit court action
  255  instituted under chapter 72.
  256         (c) Unless the purchaser of tangible personal property that
  257  is incorporated into tangible personal property manufactured,
  258  produced, compounded, processed, or fabricated for one’s own use
  259  and subject to the tax imposed under s. 212.06(1)(b) or is
  260  purchased for export under s. 212.06(5)(a)1. extends a
  261  certificate in compliance with the rules of the department, the
  262  dealer shall himself or herself be liable for and pay the tax.
  263         (3)(a)A Any dealer who fails, neglects, or refuses to
  264  collect the tax or fees imposed under this chapter herein
  265  provided, either by himself or herself or through the dealer’s
  266  agents or employees, is, in addition to the penalty of being
  267  liable for and paying the tax himself or herself, commits guilty
  268  of a misdemeanor of the first degree, punishable as provided in
  269  s. 775.082 or s. 775.083.
  270         (b)A dealer who willfully fails to collect a tax or fees
  271  after the department provides notice of the duty to collect the
  272  tax or fees is liable for a specific penalty of 100 percent of
  273  the uncollected tax or fees. This penalty is in addition to any
  274  other penalty that may be imposed by law. A dealer who willfully
  275  fails to collect taxes or fees totaling:
  276         1.Less than $300:
  277         a.For a first offense commits a misdemeanor of the second
  278  degree, punishable as provided in s. 775.082 or s. 775.083.
  279         b.For the second offense commits a misdemeanor of the
  280  first degree, punishable as provided in s. 775.082 or s.
  281  775.083.
  282         c.For the third and subsequent offenses commits a felony
  283  of the third degree, punishable as provided in s. 775.082, s.
  284  775.083, or s. 775.084.
  285         2.Three hundred dollars or more, but less than $20,000,
  286  commits a felony of the third degree, punishable as provided in
  287  s. 775.082, s. 775.083, or s. 775.084.
  288         3.Twenty thousand dollars or more, but less than $100,000,
  289  commits a felony of the second degree, punishable as provided in
  290  s. 775.082, s. 775.083, or s. 775.084.
  291         4.One hundred thousand dollars or more, commits a felony
  292  of the first degree, punishable as provided in s. 775.082, s.
  293  775.083, or s. 775.084.
  294         (c)As used in this subsection, the term “willful” means a
  295  voluntary and intentional violation of a known legal duty.
  296         (d)The department shall give written notice of the duty to
  297  collect taxes or fees to the dealer by personal service; by
  298  sending notice to the dealer’s last known address by registered
  299  mail; or by both personal service and mail.
  300         Section 6. Subsection (1) and paragraph (g) of subsection
  301  (5) of section 212.08, Florida Statutes, are amended to read:
  302         212.08 Sales, rental, use, consumption, distribution, and
  303  storage tax; specified exemptions.—The sale at retail, the
  304  rental, the use, the consumption, the distribution, and the
  305  storage to be used or consumed in this state of the following
  306  are hereby specifically exempt from the tax imposed by this
  307  chapter.
  308         (1) EXEMPTIONS; GENERAL GROCERIES.—
  309         (a) Food products for human consumption are exempt from the
  310  tax imposed by this chapter.
  311         (b) For the purpose of this chapter, as used in this
  312  subsection, the term “food products” means edible commodities,
  313  whether processed, cooked, raw, canned, or in any other form,
  314  which are generally regarded as food. This includes, but is not
  315  limited to, all of the following:
  316         1. Cereals and cereal products, baked goods, oleomargarine,
  317  meat and meat products, fish and seafood products, frozen foods
  318  and dinners, poultry, eggs and egg products, vegetables and
  319  vegetable products, fruit and fruit products, spices, salt,
  320  sugar and sugar products, milk and dairy products, and products
  321  intended to be mixed with milk.
  322         2. Natural fruit or vegetable juices or their concentrates
  323  or reconstituted natural concentrated fruit or vegetable juices,
  324  whether frozen or unfrozen, dehydrated, powdered, granulated,
  325  sweetened or unsweetened, seasoned with salt or spice, or
  326  unseasoned; coffee, coffee substitutes, or cocoa; and tea,
  327  unless it is sold in a liquid form.
  328         3. Bakery products sold by bakeries, pastry shops, or like
  329  establishments that do not have eating facilities.
  330         (c) The exemption provided by this subsection does not
  331  apply:
  332         1. When the food products are sold as meals for consumption
  333  on or off the premises of the dealer.
  334         2. When the food products are furnished, prepared, or
  335  served for consumption at tables, chairs, or counters or from
  336  trays, glasses, dishes, or other tableware, whether provided by
  337  the dealer or by a person with whom the dealer contracts to
  338  furnish, prepare, or serve food products to others.
  339         3. When the food products are ordinarily sold for immediate
  340  consumption on the seller’s premises or near a location at which
  341  parking facilities are provided primarily for the use of patrons
  342  in consuming the products purchased at the location, even though
  343  such products are sold on a “take out” or “to go” order and are
  344  actually packaged or wrapped and taken from the premises of the
  345  dealer.
  346         4. To sandwiches sold ready for immediate consumption on or
  347  off the seller’s premises.
  348         5. When the food products are sold ready for immediate
  349  consumption within a place, the entrance to which is subject to
  350  an admission charge.
  351         6. When the food products are sold as hot prepared food
  352  products.
  353         7. To soft drinks, which include, but are not limited to,
  354  any nonalcoholic beverage, any preparation or beverage commonly
  355  referred to as a “soft drink,” or any noncarbonated drink made
  356  from milk derivatives or tea, when sold in cans or similar
  357  containers.
  358         8. To ice cream, frozen yogurt, and similar frozen dairy or
  359  nondairy products in cones, small cups, or pints, popsicles,
  360  frozen fruit bars, or other novelty items, whether or not sold
  361  separately.
  362         9. To food prepared, whether on or off the premises, and
  363  sold for immediate consumption. This does not apply to food
  364  prepared off the premises and sold in the original sealed
  365  container, or the slicing of products into smaller portions.
  366         10. When the food products are sold through a vending
  367  machine, pushcart, motor vehicle, or any other form of vehicle.
  368         11. To candy and any similar product regarded as candy or
  369  confection, based on its normal use, as indicated on the label
  370  or advertising thereof.
  371         12. To bakery products sold by bakeries, pastry shops, or
  372  like establishments that have eating facilities, except when
  373  sold for consumption off the seller’s premises.
  374         13. When food products are served, prepared, or sold in or
  375  by restaurants, lunch counters, cafeterias, hotels, taverns, or
  376  other like places of business.
  377         (d) As used in this subsection, the term:
  378         1. “For consumption off the seller’s premises” means that
  379  the food or drink is intended by the customer to be consumed at
  380  a place away from the dealer’s premises.
  381         2. “For consumption on the seller’s premises” means that
  382  the food or drink sold may be immediately consumed on the
  383  premises where the dealer conducts his or her business. In
  384  determining whether an item of food is sold for immediate
  385  consumption, there shall be considered the customary consumption
  386  practices prevailing at the selling facility.
  387         3. “Premises” shall be construed broadly, and means, but is
  388  not limited to, the lobby, aisle, or auditorium of a theater;
  389  the seating, aisle, or parking area of an arena, rink, or
  390  stadium; or the parking area of a drive-in or outdoor theater.
  391  The premises of a caterer with respect to catered meals or
  392  beverages shall be the place where such meals or beverages are
  393  served.
  394         4. “Hot prepared food products” means those products,
  395  items, or components which have been prepared for sale in a
  396  heated condition and which are sold at any temperature that is
  397  higher than the air temperature of the room or place where they
  398  are sold. “Hot prepared food products,” for the purposes of this
  399  subsection, includes a combination of hot and cold food items or
  400  components where a single price has been established for the
  401  combination and the food products are sold in such combination,
  402  such as a hot meal, a hot specialty dish or serving, or a hot
  403  sandwich or hot pizza, including cold components or side items.
  404         (e)1. Food or drinks not exempt under paragraphs (a), (b),
  405  (c), and (d) shall be exempt, notwithstanding those paragraphs,
  406  when purchased with food coupons or Special Supplemental Food
  407  Program for Women, Infants, and Children vouchers issued under
  408  authority of federal law.
  409         2. This paragraph is effective only while federal law
  410  prohibits a state’s participation in the federal food coupon
  411  program or Special Supplemental Food Program for Women, Infants,
  412  and Children if there is an official determination that state or
  413  local sales taxes are collected within that state on purchases
  414  of food or drinks with such coupons.
  415         3. This paragraph shall not apply to any food or drinks on
  416  which federal law shall permit sales taxes without penalty, such
  417  as termination of the state’s participation.
  418         (f)The application of the tax on a package that contains
  419  exempt food products and taxable nonfood products depends upon
  420  the essential character of the complete package.
  421         1.If the taxable items represent more than 25 percent of
  422  the cost of the complete package and a single charge is made,
  423  the entire sales price of the package is taxable. If the taxable
  424  items are separately stated, the separate charge for the taxable
  425  items is subject to tax.
  426         2.If the taxable items represent 25 percent or less of the
  427  cost of the complete package and a single charge is made, the
  428  entire sales price of the package is exempt from tax. The person
  429  preparing the package is liable for the tax on the cost of the
  430  taxable items going into the complete package. If the taxable
  431  items are separately stated, the separate charge is subject to
  432  tax.
  433         (5) EXEMPTIONS; ACCOUNT OF USE.—
  434         (g) Building materials used in the rehabilitation of real
  435  property located in an enterprise zone.—
  436         1. Building materials used in the rehabilitation of real
  437  property located in an enterprise zone shall be exempt from the
  438  tax imposed by this chapter upon an affirmative showing to the
  439  satisfaction of the department that the items have been used for
  440  the rehabilitation of real property located in an enterprise
  441  zone. Except as provided in subparagraph 2., this exemption
  442  inures to the owner, lessee, or lessor at the time of the
  443  rehabilitated real property is rehabilitated, but located in an
  444  enterprise zone only through a refund of previously paid taxes.
  445  To receive a refund pursuant to this paragraph, the owner,
  446  lessee, or lessor of the rehabilitated real property located in
  447  an enterprise zone must file an application under oath with the
  448  governing body or enterprise zone development agency having
  449  jurisdiction over the enterprise zone where the business is
  450  located, as applicable. A single application for a refund may be
  451  submitted for multiple, contiguous parcels that were part of a
  452  single parcel that was divided as part of the rehabilitation of
  453  the property. All other requirements of this paragraph apply to
  454  each parcel on an individual basis. The application must
  455  include, which includes:
  456         a. The name and address of the person claiming the refund.
  457         b. An address and assessment roll parcel number of the
  458  rehabilitated real property in an enterprise zone for which a
  459  refund of previously paid taxes is being sought.
  460         c. A description of the improvements made to accomplish the
  461  rehabilitation of the real property.
  462         d. A copy of a valid the building permit issued by the
  463  county or municipal building department for the rehabilitation
  464  of the real property.
  465         e. A sworn statement, under the penalty of perjury, from
  466  the general contractor licensed in this state with whom the
  467  applicant contracted to make the improvements necessary to
  468  rehabilitate accomplish the rehabilitation of the real property,
  469  which statement lists the building materials used to
  470  rehabilitate in the rehabilitation of the real property, the
  471  actual cost of the building materials, and the amount of sales
  472  tax paid in this state on the building materials. If In the
  473  event that a general contractor has not been used, the applicant
  474  shall provide this information in a sworn statement, under the
  475  penalty of perjury. Copies of the invoices which evidence the
  476  purchase of the building materials used in the such
  477  rehabilitation and the payment of sales tax on the building
  478  materials shall be attached to the sworn statement provided by
  479  the general contractor or by the applicant. Unless the actual
  480  cost of building materials used in the rehabilitation of real
  481  property and the payment of sales taxes due thereon is
  482  documented by a general contractor or by the applicant in this
  483  manner, the cost of the such building materials shall be an
  484  amount equal to 40 percent of the increase in assessed value for
  485  ad valorem tax purposes.
  486         f. The identifying number assigned pursuant to s. 290.0065
  487  to the enterprise zone in which the rehabilitated real property
  488  is located.
  489         g. A certification by the local building code inspector
  490  that the improvements necessary to rehabilitate accomplish the
  491  rehabilitation of the real property are substantially completed.
  492         h. A statement of whether the business is a small business
  493  as defined by s. 288.703(1).
  494         i. If applicable, the name and address of each permanent
  495  employee of the business, including, for each employee who is a
  496  resident of an enterprise zone, the identifying number assigned
  497  pursuant to s. 290.0065 to the enterprise zone in which the
  498  employee resides.
  499         2. This exemption inures to a municipality city, county,
  500  other governmental unit or agency, or nonprofit community-based
  501  organization through a refund of previously paid taxes if the
  502  building materials used in the rehabilitation of real property
  503  located in an enterprise zone are paid for from the funds of a
  504  community development block grant, State Housing Initiatives
  505  Partnership Program, or similar grant or loan program. To
  506  receive a refund pursuant to this paragraph, a municipality
  507  city, county, other governmental unit or agency, or nonprofit
  508  community-based organization must file an application that which
  509  includes the same information required to be provided in
  510  subparagraph 1. by an owner, lessee, or lessor of rehabilitated
  511  real property. In addition, the application must include a sworn
  512  statement signed by the chief executive officer of the
  513  municipality city, county, other governmental unit or agency, or
  514  nonprofit community-based organization seeking a refund which
  515  states that the building materials for which a refund is sought
  516  were funded by paid for from the funds of a community
  517  development block grant, State Housing Initiatives Partnership
  518  Program, or similar grant or loan program.
  519         3. Within 10 working days after receipt of an application,
  520  the governing body or enterprise zone development agency shall
  521  review the application to determine if it contains all the
  522  information required under pursuant to subparagraph 1. or
  523  subparagraph 2. and meets the criteria set out in this
  524  paragraph. The governing body or agency shall certify all
  525  applications that contain the required information required
  526  pursuant to subparagraph 1. or subparagraph 2. and are meet the
  527  criteria set out in this paragraph as eligible to receive a
  528  refund. If applicable, the governing body or agency shall also
  529  certify if 20 percent of the employees of the business are
  530  residents of an enterprise zone, excluding temporary and part
  531  time employees. The certification must shall be in writing, and
  532  a copy of the certification shall be transmitted to the
  533  executive director of the Department of Revenue. The applicant
  534  is shall be responsible for forwarding a certified application
  535  to the department within the time specified in subparagraph 4.
  536         4. An application for a refund pursuant to this paragraph
  537  must be submitted to the department within 6 months after the
  538  rehabilitation of the property is deemed to be substantially
  539  completed by the local building code inspector or by November 1
  540  September 1 after the rehabilitated property is first subject to
  541  assessment.
  542         5. Only Not more than one exemption through a refund of
  543  previously paid taxes for the rehabilitation of real property is
  544  shall be permitted for any single parcel of property unless
  545  there is a change in ownership, a new lessor, or a new lessee of
  546  the real property. A No refund may not shall be granted pursuant
  547  to this paragraph unless the amount to be refunded exceeds $500.
  548  A No refund may not granted pursuant to this paragraph shall
  549  exceed the lesser of 97 percent of the Florida sales or use tax
  550  paid on the cost of the building materials used in the
  551  rehabilitation of the real property as determined pursuant to
  552  sub-subparagraph 1.e. or $5,000, or, if no less than 20 percent
  553  of the employees of the business are residents of an enterprise
  554  zone, excluding temporary and part-time employees, the amount of
  555  refund may granted pursuant to this paragraph shall not exceed
  556  the lesser of 97 percent of the sales tax paid on the cost of
  557  the such building materials or $10,000. A refund approved
  558  pursuant to this paragraph shall be made within 30 days after of
  559  formal approval by the department of the application for the
  560  refund. This subparagraph shall apply retroactively to July 1,
  561  2005.
  562         6. The department shall adopt rules governing the manner
  563  and form of refund applications and may establish guidelines as
  564  to the requisites for an affirmative showing of qualification
  565  for exemption under this paragraph.
  566         7. The department shall deduct an amount equal to 10
  567  percent of each refund granted under the provisions of this
  568  paragraph from the amount transferred into the Local Government
  569  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
  570  for the county area in which the rehabilitated real property is
  571  located and shall transfer that amount to the General Revenue
  572  Fund.
  573         8. For the purposes of the exemption provided in this
  574  paragraph, the term:
  575         a. “Building materials” means tangible personal property
  576  which becomes a component part of improvements to real property.
  577         b. “Real property” has the same meaning as provided in s.
  578  192.001(12).
  579         c. “Rehabilitation of real property” means the
  580  reconstruction, renovation, restoration, rehabilitation,
  581  construction, or expansion of improvements to real property.
  582         d. “Substantially completed” has the same meaning as
  583  provided in s. 192.042(1).
  584         9. This paragraph expires on the date specified in s.
  585  290.016 for the expiration of the Florida Enterprise Zone Act.
  586         Section 7. Paragraph (d) of subsection (2) of section
  587  212.12, Florida Statutes, is amended to read:
  588         212.12 Dealer’s credit for collecting tax; penalties for
  589  noncompliance; powers of Department of Revenue in dealing with
  590  delinquents; brackets applicable to taxable transactions;
  591  records required.—
  592         (2)
  593         (d) A Any person who makes a false or fraudulent return
  594  with a willful intent to evade payment of any tax or fee imposed
  595  under this chapter is; any person who, after the department’s
  596  delivery of a written notice to the person’s last known address
  597  specifically alerting the person of the requirement to register
  598  the person’s business as a dealer, intentionally fails to
  599  register the business; and any person who, after the
  600  department’s delivery of a written notice to the person’s last
  601  known address specifically alerting the person of the
  602  requirement to collect tax on specific transactions,
  603  intentionally fails to collect such tax, shall, in addition to
  604  the other penalties provided by law, be liable for a specific
  605  penalty of 100 percent of any unreported or any uncollected tax
  606  or fee. This penalty is in addition to any other penalty
  607  provided by law. A person who makes a false or fraudulent return
  608  with a willful intent to evade payment of taxes or fees
  609  totaling:
  610         1.Less than $300:
  611         a.For a first offense commits a misdemeanor of the second
  612  degree, punishable as provided in s. 775.082 or s. 775.083.
  613         b.For the second offense commits a misdemeanor of the
  614  first degree, punishable as provided in s. 775.082 or s.
  615  775.083.
  616         c.For the third and subsequent offenses commits a felony
  617  of the third degree, punishable as provided in s. 775.082, s.
  618  775.083, or s. 775.084.
  619         2.Three hundred dollars or more, but less than $20,000,
  620  commits a felony of the third degree, punishable as provided in
  621  s. 775.082, s. 775.083, or s. 775.084.
  622         3.Twenty thousand dollars or more, but less than $100,000,
  623  commits a felony of the second degree, punishable as provided in
  624  s. 775.082, s. 775.083, or s. 775.084.
  625         4.One hundred thousand dollars or more, commits a felony
  626  of the first degree, punishable as provided in s. 775.082, s.
  627  775.083, or s. 775.084. and, upon conviction, for fine and
  628  punishment as provided in s. 775.082, s. 775.083, or s. 775.084.
  629  Delivery of written notice may be made by certified mail, or by
  630  the use of such other method as is documented as being necessary
  631  and reasonable under the circumstances. The civil and criminal
  632  penalties imposed herein for failure to comply with a written
  633  notice alerting the person of the requirement to register the
  634  person’s business as a dealer or to collect tax on specific
  635  transactions shall not apply if the person timely files a
  636  written challenge to such notice in accordance with procedures
  637  established by the department by rule or the notice fails to
  638  clearly advise that failure to comply with or timely challenge
  639  the notice will result in the imposition of the civil and
  640  criminal penalties imposed herein.
  641         1.If the total amount of unreported or uncollected taxes
  642  or fees is less than $300, the first offense resulting in
  643  conviction is a misdemeanor of the second degree, the second
  644  offense resulting in conviction is a misdemeanor of the first
  645  degree, and the third and all subsequent offenses resulting in
  646  conviction is a misdemeanor of the first degree, and the third
  647  and all subsequent offenses resulting in conviction are felonies
  648  of the third degree.
  649         2.If the total amount of unreported or uncollected taxes
  650  or fees is $300 or more but less than $20,000, the offense is a
  651  felony of the third degree.
  652         3.If the total amount of unreported or uncollected taxes
  653  or fees is $20,000 or more but less than $100,000, the offense
  654  is a felony of the second degree.
  655         4.If the total amount of unreported or uncollected taxes
  656  or fees is $100,000 or more, the offense is a felony of the
  657  first degree.
  658         Section 8. Subsection (3) of section 212.18, Florida
  659  Statutes, is amended to read:
  660         212.18 Administration of law; registration of dealers;
  661  rules.—
  662         (3)(a) Every person desiring to engage in or conduct
  663  business in this state as a dealer, as defined in this chapter,
  664  or to lease, rent, or let or grant licenses in living quarters
  665  or sleeping or housekeeping accommodations in hotels, apartment
  666  houses, roominghouses, or tourist or trailer camps that are
  667  subject to tax under s. 212.03, or to lease, rent, or let or
  668  grant licenses in real property, as defined in this chapter, and
  669  every person who sells or receives anything of value by way of
  670  admissions, must file with the department an application for a
  671  certificate of registration for each place of business. The
  672  application must include, showing the names of the persons who
  673  have interests in the such business and their residences, the
  674  address of the business, and such other data reasonably required
  675  by as the department may reasonably require. However, owners and
  676  operators of vending machines or newspaper rack machines are
  677  required to obtain only one certificate of registration for each
  678  county in which such machines are located. The department, by
  679  rule, may authorize a dealer that uses independent sellers to
  680  sell its merchandise to remit tax on the retail sales price
  681  charged to the ultimate consumer in lieu of having the
  682  independent seller register as a dealer and remit the tax. The
  683  department may appoint the county tax collector as the
  684  department’s agent to accept applications for registrations. The
  685  application must be made to the department before the person,
  686  firm, copartnership, or corporation may engage in such business,
  687  and it must be accompanied by a registration fee of $5. However,
  688  a registration fee is not required to accompany an application
  689  to engage in or conduct business to make mail order sales. The
  690  department may waive the registration fee for applications
  691  submitted through the department’s Internet registration
  692  process.
  693         (b) The department, upon receipt of such application, shall
  694  will grant to the applicant a separate certificate of
  695  registration for each place of business, which certificate may
  696  be canceled by the department or its designated assistants for
  697  any failure by the certificateholder to comply with any of the
  698  provisions of this chapter. The certificate is not assignable
  699  and is valid only for the person, firm, copartnership, or
  700  corporation to which issued. The certificate must be placed in a
  701  conspicuous place in the business or businesses for which it is
  702  issued and must be displayed at all times. Except as provided in
  703  this subsection, a no person may not shall engage in business as
  704  a dealer or in leasing, renting, or letting of or granting
  705  licenses in living quarters or sleeping or housekeeping
  706  accommodations in hotels, apartment houses, roominghouses,
  707  tourist or trailer camps, or real property or as hereinbefore
  708  defined, nor shall any person sell or receive anything of value
  709  by way of admissions, without a valid first having obtained such
  710  a certificate. A or after such certificate has been canceled; no
  711  person may not shall receive a any license from any authority
  712  within the state to engage in any such business without a valid
  713  first having obtained such a certificate or after such
  714  certificate has been canceled. A person may not engage The
  715  engaging in the business of selling or leasing tangible personal
  716  property or services or as a dealer; engage, as defined in this
  717  chapter, or the engaging in leasing, renting, or letting of or
  718  granting licenses in living quarters or sleeping or housekeeping
  719  accommodations in hotels, apartment houses, roominghouses, or
  720  tourist or trailer camps that are taxable under this chapter, or
  721  real property;, or engage the engaging in the business of
  722  selling or receiving anything of value by way of admissions,
  723  without a valid such certificate first being obtained or after
  724  such certificate has been canceled by the department, is
  725  prohibited.
  726         (c)1.A The failure or refusal of any person who engages in
  727  acts requiring registration under this subsection and who fails
  728  or refuses to register, commits, firm, copartnership, or
  729  corporation to so qualify when required hereunder is a
  730  misdemeanor of the first degree, punishable as provided in s.
  731  775.082 or s. 775.083. Such acts are, or subject to injunctive
  732  proceedings as provided by law. A person who engages in acts
  733  requiring registration and who fails or refuses to register is
  734  also subject Such failure or refusal also subjects the offender
  735  to a $100 initial registration fee in lieu of the $5
  736  registration fee required by authorized in paragraph (a).
  737  However, the department may waive the increase in the
  738  registration fee if it finds is determined by the department
  739  that the failure to register was due to reasonable cause and not
  740  to willful negligence, willful neglect, or fraud.
  741         2.A person who willfully fails to register after the
  742  department provides notice of the duty to register as a dealer
  743  commits a felony of the third degree, punishable as provided in
  744  s. 775.082, s. 775.083, or s. 775.084.
  745         a.As used in this subsection, the term “willfully” means a
  746  voluntary, intentional violation of a known legal duty.
  747         b.The department shall give written notice of the duty to
  748  register to the person by personal service, by sending notice by
  749  registered mail to the person’s last known address, or by
  750  personal service and mail.
  751         (d)(c) In addition to the certificate of registration, the
  752  department shall provide to each newly registered dealer an
  753  initial resale certificate that will be valid for the remainder
  754  of the period of issuance. The department shall provide each
  755  active dealer with an annual resale certificate. For purposes of
  756  this section, “active dealer” means a person who is currently
  757  registered with the department and who is required to file at
  758  least once during each applicable reporting period.
  759         (e)(d) The department may revoke a any dealer’s certificate
  760  of registration if when the dealer fails to comply with this
  761  chapter. Prior to revocation of a dealer’s certificate of
  762  registration, the department must schedule an informal
  763  conference at which the dealer may present evidence regarding
  764  the department’s intended revocation or enter into a compliance
  765  agreement with the department. The department must notify the
  766  dealer of its intended action and the time, place, and date of
  767  the scheduled informal conference by written notification sent
  768  by United States mail to the dealer’s last known address of
  769  record furnished by the dealer on a form prescribed by the
  770  department. The dealer is required to attend the informal
  771  conference and present evidence refuting the department’s
  772  intended revocation or enter into a compliance agreement with
  773  the department which resolves the dealer’s failure to comply
  774  with this chapter. The department shall issue an administrative
  775  complaint under s. 120.60 if the dealer fails to attend the
  776  department’s informal conference, fails to enter into a
  777  compliance agreement with the department resolving the dealer’s
  778  noncompliance with this chapter, or fails to comply with the
  779  executed compliance agreement.
  780         (f)(e) As used in this paragraph, the term “exhibitor”
  781  means a person who enters into an agreement authorizing the
  782  display of tangible personal property or services at a
  783  convention or a trade show. The following provisions apply to
  784  the registration of exhibitors as dealers under this chapter:
  785         1. An exhibitor whose agreement prohibits the sale of
  786  tangible personal property or services subject to the tax
  787  imposed in this chapter is not required to register as a dealer.
  788         2. An exhibitor whose agreement provides for the sale at
  789  wholesale only of tangible personal property or services subject
  790  to the tax imposed in this chapter must obtain a resale
  791  certificate from the purchasing dealer but is not required to
  792  register as a dealer.
  793         3. An exhibitor whose agreement authorizes the retail sale
  794  of tangible personal property or services subject to the tax
  795  imposed in this chapter must register as a dealer and collect
  796  the tax imposed under this chapter on such sales.
  797         4. Any exhibitor who makes a mail order sale pursuant to s.
  798  212.0596 must register as a dealer.
  799  
  800  Any person who conducts a convention or a trade show must make
  801  their exhibitor’s agreements available to the department for
  802  inspection and copying.
  803         Section 9. Effective upon this act becoming a law and
  804  operating retroactively to July 1, 2008, paragraph (y) of
  805  subsection (8) of section 213.053, Florida Statutes, is amended
  806  to read:
  807         213.053 Confidentiality and information sharing.—
  808         (8) Notwithstanding any other provision of this section,
  809  the department may provide:
  810         (y) Information relative to ss. 212.08(7)(ccc) and 220.192
  811  to the Florida Energy and Climate Commission Department of
  812  Environmental Protection for use in the conduct of its official
  813  business.
  814  
  815  Disclosure of information under this subsection shall be
  816  pursuant to a written agreement between the executive director
  817  and the agency. Such agencies, governmental or nongovernmental,
  818  shall be bound by the same requirements of confidentiality as
  819  the Department of Revenue. Breach of confidentiality is a
  820  misdemeanor of the first degree, punishable as provided by s.
  821  775.082 or s. 775.083.
  822         Section 10. Effective July 1, 2009, subsection (5) and
  823  paragraph (d) of subsection (8) of section 213.053, Florida
  824  Statutes, are amended, paragraph (z) is added to subsection (8)
  825  of that section, and subsection (19) is added to that section,
  826  to read:
  827         213.053 Confidentiality and information sharing.—
  828         (5) This section does not prohibit Nothing contained in
  829  this section shall prevent the department from:
  830         (a) Publishing statistics so classified as to prevent the
  831  identification of particular accounts, reports, declarations, or
  832  returns; or
  833         (b) Using telephones, electronic mail, facsimile machines,
  834  or other electronic means to:
  835         1.Distribute information relating to changes in law, tax
  836  rates, or interest rates, or other information that is not
  837  specific to a particular taxpayer;
  838         2.Remind taxpayers of due dates;
  839         3.Respond to a taxpayer by electronic mail to an
  840  electronic mail address that does not support encryption if the
  841  use of that address is authorized by the taxpayer; or
  842         4.Notify taxpayers to contact the department. Disclosing
  843  to the Chief Financial Officer the names and addresses of those
  844  taxpayers who have claimed an exemption pursuant to former s.
  845  199.185(1)(i) or a deduction pursuant to s. 220.63(5).
  846         (8) Notwithstanding any other provision of this section,
  847  the department may provide:
  848         (d) Names, addresses, and sales tax registration
  849  information, and information relating to s. 213.50 to the
  850  Division of Hotels and Restaurants of the Department of Business
  851  and Professional Regulation in the conduct of its official
  852  duties.
  853         (z)Taxpayer names and identification numbers for the
  854  purposes of information-sharing agreements with financial
  855  institutions pursuant to s. 213.0532.
  856  
  857  Disclosure of information under this subsection shall be
  858  pursuant to a written agreement between the executive director
  859  and the agency. Such agencies, governmental or nongovernmental,
  860  shall be bound by the same requirements of confidentiality as
  861  the Department of Revenue. Breach of confidentiality is a
  862  misdemeanor of the first degree, punishable as provided by s.
  863  775.082 or s. 775.083.
  864         (19)(a)The department may publish a list of taxpayers
  865  against whom it has filed a warrant or judgment lien
  866  certificate. The list includes the name and address of each
  867  taxpayer; the amounts and types of delinquent taxes, fees or
  868  surcharges, penalties, or interest; and the employer
  869  identification number or other taxpayer identification number.
  870         (b)The department shall update the list at least monthly
  871  to reflect payments for resolution of deficiencies and to
  872  otherwise add or remove taxpayers from the list.
  873         (c)The department may adopt rules to administer this
  874  subsection.
  875         Section 11. Effective July 1, 2009, section 213.0532,
  876  Florida Statutes, is created to read:
  877         213.0532Agreements with financial institutions.—
  878         (1)As used in this section, the term:
  879         (a)“Account” means a demand deposit account, checking or
  880  negotiable withdrawal order account, savings account, time
  881  deposit account, or money-market mutual fund account.
  882         (b)“Department” means the Department of Revenue.
  883         (c)“Financial institution” means:
  884         1.A depository institution as defined in 12 U.S.C. s.
  885  1813(c);
  886         2.An institution-affiliated party as defined in 12 U.S.C.
  887  s. 1813(u);
  888         3.A federal credit union or state credit union as defined
  889  in 12 U.S.C. s. 1752, including an institution-affiliated party
  890  of such a credit union as defined in 12 U.S.C s. 1786(r); or
  891         4.A benefit association, insurance company, safe-deposit
  892  company, money-market mutual fund, or similar entity authorized
  893  to do business in this state.
  894         (d)“Obligor” means a person against whose property the
  895  department has filed a warrant or judgment lien certificate.
  896         (e)“Person” has the same meaning as in s. 212.02.
  897         (2)The department shall request information and assistance
  898  from a financial institution as necessary to enforce the tax
  899  laws of the state. Pursuant to this subsection, financial
  900  institutions doing business in the state shall enter into
  901  agreements with the department to develop and operate a data
  902  match system, using an automated data exchange to the maximum
  903  extent feasible, in which the financial institution must provide
  904  for each calendar quarter the name, record address, social
  905  security number or other taxpayer identification number, average
  906  daily account balance, and other identifying information for:
  907         (a)Each obligor who maintains an account at the financial
  908  institution as identified to the institution by the department
  909  by name and social security number or other taxpayer
  910  identification number; or
  911         (b)At the financial institution’s option, each person who
  912  maintains an account at the institution.
  913         (3)The department may use the information received
  914  pursuant to this section only for the purpose of enforcing the
  915  collection of taxes and fees administered by the department.
  916         (4)The department shall, to the extent possible and in
  917  compliance with state and federal law, administer this section
  918  in conjunction with s. 409.25657 in order to avoid duplication
  919  and reduce the burden on financial institutions.
  920         (5)The department shall pay a reasonable fee to the
  921  financial institution for conducting the data match provided for
  922  in this section, which may not exceed actual costs incurred by
  923  the financial institution.
  924         (6)A financial institution is not required to provide
  925  notice to its customers and is not liable to any person for:
  926         (a)Disclosing to the department any information required
  927  under this section.
  928         (b)Encumbering or surrendering any assets held by the
  929  financial institution in response to a notice of lien, freeze,
  930  or levy issued by the department.
  931         (c)Disclosing any information in connection with a data
  932  match.
  933         (d)Taking any other action in good faith to comply with
  934  the requirements of this section.
  935         (7)Any financial records obtained pursuant to this section
  936  may be disclosed only for the purpose of, and to the extent
  937  necessary, to administer and enforce the tax laws of this state.
  938         (8)The department may adopt rules to establish the
  939  procedures and requirements for conducting automated data
  940  matches with financial institutions pursuant to this section.
  941         Section 12. Effective July 1, 2009, section 213.25, Florida
  942  Statutes, is amended to read:
  943         213.25 Refunds; credits; right of setoff.—If In any
  944  instance that a taxpayer has a tax refund or tax credit is due
  945  to a taxpayer for an overpayment of taxes assessed under any of
  946  the chapters specified in s. 72.011(1), the department may
  947  reduce the such refund or credit to the extent of any billings
  948  not subject to protest under s. 213.21 or chapter 443 for the
  949  same or any other tax owed by the same taxpayer.
  950         Section 13. Effective July 1, 2009, section 213.50, Florida
  951  Statutes, is amended to read:
  952         213.50 Failure to comply; revocation of corporate charter
  953  or hotel or restaurant license; refusal to reinstate charter or
  954  hotel or restaurant license.—
  955         (1) Any corporation of this state which has an outstanding
  956  tax warrant that has existed for more than 3 consecutive months
  957  is subject to the revocation of its charter as provided in s.
  958  607.1420.
  959         (2) A request for reinstatement of a corporate charter may
  960  not be granted by the Division of Corporations of the Department
  961  of State if an outstanding tax warrant has existed for that
  962  corporation for more than 3 consecutive months.
  963         (3)The Department of Business and Professional Regulation
  964  may revoke the hotel or restaurant license of a licenseholder if
  965  a tax warrant has been outstanding against the licenseholder for
  966  more than 3 months.
  967         (4)The Department of Business and Professional Regulation
  968  may deny an application to renew the hotel or restaurant license
  969  of a licenseholder if a tax warrant has been outstanding against
  970  the licenseholder for more than 3 months.
  971         Section 14. Effective July 1, 2009, subsection (8) of
  972  section 213.67, Florida Statutes, is amended to read:
  973         213.67 Garnishment.—
  974         (8) An action may not be brought to contest a notice of
  975  intent to levy under chapter 120 or in circuit court if the
  976  petition is postmarked or the action is filed more, later than
  977  21 days after the date of receipt of the notice of intent to
  978  levy.
  979         Section 15. Section 213.758, Florida Statutes, is created
  980  to read:
  981         213.758Transfer of tax liabilities.—
  982         (1)As used in this section, the term:
  983         (a)“Involuntary transfer” means a transfer of a business
  984  or stock of goods made without the consent of the transferor,
  985  including, but not limited to, a:
  986         1.Transfer that occurs due to the foreclosure of a
  987  security interest issued to a person who is not an insider as
  988  defined by s. 726.102;
  989         2.Transfer that results from eminent domain and
  990  condemnation actions;
  991         3.Transfer pursuant to chapter 61, chapter 702, or the
  992  United States Bankruptcy Code;
  993         4.Transfer to a financial institution, as defined in s.
  994  655.005, if the transfer is made to satisfy the transferor’s
  995  debt to the financial institution; or
  996         5.Transfer to a third party to the extent that the
  997  proceeds are used to satisfy the transferor’s indebtedness to a
  998  financial institution as defined in s. 655.005. If the third
  999  party receives assets worth more than the indebtedness, the
 1000  transfer of the excess may not be deemed an involuntary
 1001  transfer.
 1002         (b)“Transfer” means every mode, direct or indirect, with
 1003  or without consideration, of disposing of or parting with a
 1004  business or stock of goods, and includes, but is not limited to,
 1005  assigning, conveying, demising, gifting, granting, or selling.
 1006         (2)A taxpayer who is liable for any tax, interest,
 1007  penalty, surcharge, or fee administered by the department in
 1008  accordance with chapter 443 or s. 72.011(1), excluding corporate
 1009  income tax, and who quits a business without the benefit of a
 1010  purchaser, successor, or assignee, or without transferring the
 1011  business or stock of goods to a transferee, must file a final
 1012  return and make full payment within 15 days after quitting the
 1013  business. A taxpayer who fails to file a final return and make
 1014  payment may not engage in any business in the state until the
 1015  final return has been filed and the all tax, interest, or
 1016  penalties due have been paid. The Department of Legal Affairs
 1017  may seek an injunction at the request of the department to
 1018  prevent further business activity until such tax, interest, or
 1019  penalties are paid. A temporary injunction enjoining further
 1020  business activity may be granted by a court without notice.
 1021         (3)A taxpayer who is liable for taxes, interest, or
 1022  penalties levied under chapter 443 or any of the chapters
 1023  specified in s. 213.05, excluding corporate income tax, who
 1024  transfers the taxpayer’s business or stock of goods, must file a
 1025  final return and make full payment within 15 days after the date
 1026  of transfer.
 1027         (4)(a)A transferee, or a group of transferees acting in
 1028  concert, of more than 50 percent of a business or stock of goods
 1029  is liable for any tax, interest, or penalties owed by the
 1030  transferor unless:
 1031         1.The transferor provides a receipt or certificate from
 1032  the department to the transferee showing that the transferor is
 1033  not liable for taxes, interest, or penalties from the operation
 1034  of the business; and
 1035         2.The department finds that the transferor is not liable
 1036  for taxes, interest, or penalties after an audit of the
 1037  transferor’s books and records. The audit may be requested by
 1038  the transferee or the transferor. The department may charge a
 1039  fee for the cost of the audit if it has not issued a notice of
 1040  intent to audit by the time the request for the audit is
 1041  received.
 1042         (b)A transferee may withhold a portion of the
 1043  consideration for a business or stock of goods to pay the taxes,
 1044  interest, or penalties owed to the state from the operation of
 1045  the business. The transferee shall pay the withheld
 1046  consideration to the state within 30 days after the date of the
 1047  transfer. If the consideration withheld is less than the
 1048  transferor’s liability, the transferor remains liable for the
 1049  deficiency.
 1050         (c)A transferee who acquires the business or stock of
 1051  goods and fails to pay the taxes, interest, or penalties due,
 1052  may not engage in any business in the state until the taxes,
 1053  interest, or penalties are paid. The Department of Legal Affairs
 1054  may seek an injunction at the request of the department to
 1055  prevent further business activity until such tax, interest, or
 1056  penalties are paid. A temporary injunction enjoining further
 1057  business activity may be granted by a court without notice.
 1058         (5)The transferee, or transferees acting in concert, of
 1059  more than 50 percent of a business or stock of goods are jointly
 1060  and severally liable with the transferor for the payment of the
 1061  taxes, interest, or penalties owed to the state from the
 1062  operation of the business by the transferor.
 1063         (6)The maximum liability of a transferee pursuant to this
 1064  section is equal to the fair market value of the property
 1065  transferred or the total purchase price, whichever is greater.
 1066         (7)After notice by the department of transferee liability
 1067  under this section, the transferee shall have 60 days within
 1068  which to file an action to contest the determination of
 1069  transferee liability pursuant to chapter 72.
 1070         (8)This section does not impose liability on a transferee
 1071  of a business or stock of goods pursuant to an involuntary
 1072  transfer.
 1073         (9)The department may adopt rules necessary to administer
 1074  and enforce this section.
 1075         Section 16. Effective upon this act becoming a law and
 1076  operating retroactively to July 1, 2008, subsections (4) and (5)
 1077  of section 220.192, Florida Statutes, are amended to read:
 1078         220.192 Renewable energy technologies investment tax
 1079  credit.—
 1080         (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under
 1081  this section, each taxpayer must apply to the Florida Energy and
 1082  Climate Commission Department of Environmental Protection for an
 1083  allocation of each type of annual credit by the date established
 1084  by the Florida Energy and Climate Commission Department of
 1085  Environmental Protection. The application form may be
 1086  established by the Florida Energy and Climate Commission. The
 1087  form must Department of Environmental Protection and shall
 1088  include an affidavit from each taxpayer certifying that all
 1089  information contained in the application, including all records
 1090  of eligible costs claimed as the basis for the tax credit, are
 1091  true and correct. Approval of the credits under this section
 1092  shall be accomplished on a first-come, first-served basis, based
 1093  upon the date complete applications are received by the Florida
 1094  Energy and Climate Commission Department of Environmental
 1095  Protection. A taxpayer shall submit only one complete
 1096  application based upon eligible costs incurred within a
 1097  particular state fiscal year. Incomplete placeholder
 1098  applications will not be accepted and will not secure a place in
 1099  the first-come, first-served application line. If a taxpayer
 1100  does not receive a tax credit allocation due to the exhaustion
 1101  of the annual tax credit authorizations, then such taxpayer may
 1102  reapply in the following year for those eligible costs and will
 1103  have priority over other applicants for the allocation of
 1104  credits.
 1105         (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
 1106         (a) In addition to its existing audit and investigation
 1107  authority, the Department of Revenue may perform any additional
 1108  financial and technical audits and investigations, including
 1109  examining the accounts, books, and records of the tax credit
 1110  applicant, which that are necessary to verify the eligible costs
 1111  included in the tax credit return and to ensure compliance with
 1112  this section. The Florida Energy and Climate Commission
 1113  Department of Environmental Protection shall provide technical
 1114  assistance when requested by the Department of Revenue on any
 1115  technical audits or examinations performed pursuant to this
 1116  section.
 1117         (b) It is grounds for forfeiture of previously claimed and
 1118  received tax credits if the Department of Revenue determines, as
 1119  a result of either an audit or examination or from information
 1120  received from the Florida Energy and Climate Commission
 1121  Department of Environmental Protection, that a taxpayer received
 1122  tax credits pursuant to this section to which the taxpayer was
 1123  not entitled. The taxpayer is responsible for returning
 1124  forfeited tax credits to the Department of Revenue, and such
 1125  funds shall be paid into the General Revenue Fund of the state.
 1126         (c) The Florida Energy and Climate Commission Department of
 1127  Environmental Protection may revoke or modify any written
 1128  decision granting eligibility for tax credits under this section
 1129  if it is discovered that the tax credit applicant submitted any
 1130  false statement, representation, or certification in any
 1131  application, record, report, plan, or other document filed in an
 1132  attempt to receive tax credits under this section. The Florida
 1133  Energy and Climate Commission Department of Environmental
 1134  Protection shall immediately notify the Department of Revenue of
 1135  any revoked or modified orders affecting previously granted tax
 1136  credits. Additionally, the taxpayer must notify the Department
 1137  of Revenue of any change in its tax credit claimed.
 1138         (d) The taxpayer shall file with the Department of Revenue
 1139  an amended return or such other report as the Department of
 1140  Revenue prescribes by rule and shall pay any required tax and
 1141  interest within 60 days after the taxpayer receives notification
 1142  from the Florida Energy and Climate Commission Department of
 1143  Environmental Protection that previously approved tax credits
 1144  have been revoked or modified. If the revocation or modification
 1145  order is contested, the taxpayer shall file an amended return or
 1146  other report as provided in this paragraph within 60 days after
 1147  a final order is issued following proceedings.
 1148         (e) A notice of deficiency may be issued by the Department
 1149  of Revenue at any time within 3 years after the taxpayer
 1150  receives formal notification from the Florida Energy and Climate
 1151  Commission Department of Environmental Protection that
 1152  previously approved tax credits have been revoked or modified.
 1153  If a taxpayer fails to notify the Department of Revenue of any
 1154  changes to its tax credit claimed, a notice of deficiency may be
 1155  issued at any time.
 1156         Section 17. Effective July 1, 2009, paragraph (c) of
 1157  subsection (1) of section 336.021, Florida Statutes, is amended
 1158  to read:
 1159         336.021 County transportation system; levy of ninth-cent
 1160  fuel tax on motor fuel and diesel fuel.—
 1161         (1)
 1162         (c) Local option taxes collected on sales or use of diesel
 1163  fuel in this state shall be distributed in the following manner:
 1164         1. The fiscal year of July 1, 1995, through June 30, 1996,
 1165  shall be the base year for all distributions.
 1166         2. Each year the tax collected, less the service and
 1167  administrative charges enumerated in s. 215.20 and the
 1168  allowances allowed under s. 206.91, on the number of gallons
 1169  reported, up to the total number of gallons reported in the base
 1170  year, shall be distributed to each county using the distribution
 1171  percentage calculated for the base year.
 1172         3. After the distribution of taxes pursuant to subparagraph
 1173  4. 2., additional taxes available for distribution shall first
 1174  be distributed pursuant to this subparagraph. A distribution
 1175  shall be made to each county in which a qualified new retail
 1176  station is located. A qualified new retail station is a retail
 1177  station that began operation after June 30, 1996, and that has
 1178  sales of diesel fuel exceeding 50 percent of the sales of diesel
 1179  fuel reported in the county in which it is located during the
 1180  1995-1996 state fiscal year. The determination of whether a new
 1181  retail station is qualified shall be based on the total gallons
 1182  of diesel fuel sold at the station during each full month of
 1183  operation during the 12-month period ending January 31, divided
 1184  by the number of full months of operation during those 12
 1185  months, and the result multiplied by 12. The amount distributed
 1186  pursuant to this subparagraph to each county in which a
 1187  qualified new retail station is located shall equal the local
 1188  option taxes due on the gallons of diesel fuel sold by the new
 1189  retail station during the year ending January 31, less the
 1190  service charges enumerated in s. 215.20 and the dealer allowance
 1191  provided for by s. 206.91. Gallons of diesel fuel sold at the
 1192  qualified new retail station shall be certified to the
 1193  department by the county requesting the additional distribution
 1194  by June 15, 1997, and by March 1 in each subsequent year. The
 1195  certification shall include the beginning inventory, fuel
 1196  purchases and sales, and the ending inventory for the new retail
 1197  station for each month of operation during the year, the
 1198  original purchase invoices for the period, and any other
 1199  information the department deems reasonable and necessary to
 1200  establish the certified gallons. The department may review and
 1201  audit the retail dealer’s records provided to a county to
 1202  establish the gallons sold by the new retail station.
 1203  Notwithstanding the provisions of this subparagraph, when more
 1204  than one county qualifies for a distribution pursuant to this
 1205  subparagraph and the requested distributions exceed the total
 1206  taxes available for distribution, each county shall receive a
 1207  prorated share of the moneys available for distribution.
 1208         4. After the distribution of taxes pursuant to subparagraph
 1209  2. 3., all additional taxes available for distribution, except
 1210  the taxes described in subparagraph 3., shall be distributed
 1211  based on vehicular diesel fuel storage capacities in each county
 1212  pursuant to this subparagraph. The total vehicular diesel fuel
 1213  storage capacity shall be established for each fiscal year based
 1214  on the registration of facilities with the Department of
 1215  Environmental Protection as required by s. 376.303 for the
 1216  following facility types: retail stations, fuel user/nonretail,
 1217  state government, local government, and county government. Each
 1218  county shall receive a share of the total taxes available for
 1219  distribution pursuant to this subparagraph equal to a fraction,
 1220  the numerator of which is the storage capacity located within
 1221  the county for vehicular diesel fuel in the facility types
 1222  listed in this subparagraph and the denominator of which is the
 1223  total statewide storage capacity for vehicular diesel fuel in
 1224  those facility types. The vehicular diesel fuel storage capacity
 1225  for each county and facility type shall be that established by
 1226  the Department of Environmental Protection by June 1, 1997, for
 1227  the 1996-1997 fiscal year, and by January 31 for each succeeding
 1228  fiscal year. The storage capacities so established shall be
 1229  final. The storage capacity for any new retail station for which
 1230  a county receives a distribution pursuant to subparagraph 3.
 1231  shall not be included in the calculations pursuant to this
 1232  subparagraph.
 1233         Section 18. Subsection (20) of section 443.036, Florida
 1234  Statutes, is amended to read:
 1235         443.036 Definitions.—As used in this chapter, the term:
 1236         (20) “Employing unit” means an individual or type of
 1237  organization, including a partnership, limited liability
 1238  company, association, trust, estate, joint-stock company,
 1239  insurance company, or corporation, whether domestic or foreign;
 1240  the receiver, trustee in bankruptcy, trustee, or successor of
 1241  any of the foregoing; or the legal representative of a deceased
 1242  person, which has or had in its employ one or more individuals
 1243  performing services for it within this state.
 1244         (a) Each individual employed to perform or to assist in
 1245  performing the work of any agent or employee of an employing
 1246  unit is deemed to be employed by the employing unit for the
 1247  purposes of this chapter, regardless of whether the individual
 1248  was hired or paid directly by the employing unit or by an agent
 1249  or employee of the employing unit, if the employing unit had
 1250  actual or constructive knowledge of the work.
 1251         (b) Each individual performing services in this state for
 1252  an employing unit maintaining at least two separate
 1253  establishments in this state is deemed to be performing services
 1254  for a single employing unit for the purposes of this chapter.
 1255         (c) A person who is an officer of a corporation, or a
 1256  member of a limited liability company classified as a
 1257  corporation for federal income tax purposes, and who performs
 1258  services for the corporation or limited liability company in
 1259  this state, regardless of whether those services are continuous,
 1260  is deemed an employee of the corporation or the limited
 1261  liability company during all of each week of his or her tenure
 1262  of office, regardless of whether he or she is compensated for
 1263  those services. Services are presumed to be rendered for the
 1264  corporation in cases in which the officer is compensated by
 1265  means other than dividends upon shares of stock of the
 1266  corporation owned by him or her.
 1267         (d) A limited liability company shall be treated as having
 1268  the same status as it is classified for federal income tax
 1269  purposes. However, a single-member limited liability company
 1270  shall be treated as the employer.
 1271         Section 19. Paragraph (b) of subsection (2) of section
 1272  443.1215, Florida Statutes, is amended to read:
 1273         443.1215 Employers.—
 1274         (2)
 1275         (b) In determining whether an employing unit for which
 1276  service, other than agricultural labor, is also performed is an
 1277  employer under paragraph (1)(a), paragraph (1)(b), paragraph
 1278  (1)(c), or subparagraph (1)(d)2., the wages earned or the
 1279  employment of an employee performing service in agricultural
 1280  labor may not be taken into account. If an employing unit is
 1281  determined to be an employer of agricultural labor, the
 1282  employing unit is considered an employer for purposes of
 1283  paragraph (1)(a) subsection (1).
 1284         Section 20. Subsection (2) of section 443.1316, Florida
 1285  Statutes, is amended to read:
 1286         443.1316 Unemployment tax collection services; interagency
 1287  agreement.—
 1288         (2)(a) The Department of Revenue is considered to be
 1289  administering a revenue law of this state when the department
 1290  implements this chapter, or otherwise provides unemployment tax
 1291  collection services, under contract with the Agency for
 1292  Workforce Innovation through the interagency agreement.
 1293         (b) Sections 213.015(1)-(3), (5)-(7), (9)-(19), and (21);
 1294  213.018; 213.025; 213.051; 213.053; 213.0532; 213.0535; 213.055;
 1295  213.071; 213.10; 213.21(4); 213.2201; 213.23; 213.24; 213.25;
 1296  213.27; 213.28; 213.285; 213.34(1), (3), and (4); 213.37;
 1297  213.50; 213.67; 213.69; 213.691; 213.692; 213.73; 213.733;
 1298  213.74; and 213.757; and 213.758 apply to the collection of
 1299  unemployment contributions and reimbursements by the Department
 1300  of Revenue unless prohibited by federal law.
 1301         Section 21. Section 443.141, Florida Statutes, is amended
 1302  to read:
 1303         443.141 Collection of contributions and reimbursements.—
 1304         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 1305  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 1306         (a) Interest.—Contributions or reimbursements unpaid on the
 1307  date due shall bear interest at the rate of 1 percent per month
 1308  from and after that date until payment plus accrued interest is
 1309  received by the tax collection service provider, unless the
 1310  service provider finds that the employing unit has or had good
 1311  reason for failure to pay the contributions or reimbursements
 1312  when due. Interest collected under this subsection must be paid
 1313  into the Special Employment Security Administration Trust Fund.
 1314         (b) Penalty for delinquent, erroneous, incomplete, or
 1315  insufficient reports.—
 1316         1. An employing unit that fails to file any report required
 1317  by the Agency for Workforce Innovation or its tax collection
 1318  service provider, in accordance with rules for administering
 1319  this chapter, shall pay to the tax collection service provider
 1320  for each delinquent report the sum of $25 for each 30 days or
 1321  fraction thereof that the employing unit is delinquent, unless
 1322  the agency or its service provider, whichever required the
 1323  report, finds that the employing unit has or had good reason for
 1324  failure to file the report. The agency or its service provider
 1325  may assess penalties only through the date of the issuance of
 1326  the final assessment notice. However, additional penalties
 1327  accrue if the delinquent report is subsequently filed.
 1328         2.a.An employing unit that files an erroneous, incomplete,
 1329  or insufficient report with the Agency for Workforce Innovation
 1330  or its tax collection service provider, shall pay a penalty. The
 1331  amount of the penalty is $50 or 10 percent of any tax due,
 1332  whichever is greater, but no more than $300 per report. The
 1333  penalty shall be added to any tax, penalty, or interest
 1334  otherwise due.
 1335         b.The agency or its tax collection service provider shall
 1336  waive the penalty if the employing unit files an accurate,
 1337  complete, and sufficient report within 30 days after a penalty
 1338  notice is issued to the employing unit. The penalty may not be
 1339  waived more than one time during a 12-month period.
 1340         c.As used in this subsection, the term “erroneous,
 1341  incomplete, or insufficient report” means a report so lacking in
 1342  information, completeness, or arrangement that the report cannot
 1343  be readily understood, verified, or reviewed. Such reports
 1344  include, but are not limited to, reports having missing wage or
 1345  employee information, missing or incorrect social security
 1346  numbers, or illegible entries; reports submitted in a format
 1347  that is not approved by the agency or its tax collection service
 1348  provider; and reports showing gross wages that do not equal the
 1349  total of the wages of each employee. However, the term does not
 1350  include a report that merely contains inaccurate data that was
 1351  supplied to the employer by the employee, if the employer was
 1352  unaware of the inaccuracy.
 1353         3.2.Sums collected as Penalties imposed pursuant to this
 1354  paragraph shall under subparagraph 1. must be deposited in the
 1355  Special Employment Security Administration Trust Fund.
 1356         4.3. The penalty and interest for a delinquent, erroneous,
 1357  incomplete, or insufficient report may be waived if when the
 1358  penalty or interest is inequitable. The provisions of s.
 1359  213.24(1) apply to any penalty or interest that is imposed under
 1360  this section.
 1361         5.The Agency for Workforce Innovation and the state agency
 1362  providing unemployment tax collection services may adopt rules
 1363  to administer this subsection.
 1364         (c) Application of partial payments.If When a delinquency
 1365  exists in the employment record of an employer not in
 1366  bankruptcy, a partial payment less than the total delinquency
 1367  amount shall be applied to the employment record as the payor
 1368  directs. In the absence of specific direction, the partial
 1369  payment shall be applied to the payor’s employment record as
 1370  prescribed in the rules of the Agency for Workforce Innovation
 1371  or the state agency providing tax collection services.
 1372         (2) REPORTS, CONTRIBUTIONS, APPEALS.—
 1373         (a) Failure to make reports and pay contributions.—If an
 1374  employing unit determined by the tax collection service provider
 1375  to be an employer subject to this chapter fails to make and file
 1376  any report as and when required by this chapter or by any rule
 1377  of the Agency for Workforce Innovation or the state agency
 1378  providing tax collection services, for the purpose of
 1379  determining the amount of contributions due by the employer
 1380  under this chapter, or if any filed report is found by the
 1381  service provider to be incorrect or insufficient, and the
 1382  employer, after being notified in writing by the service
 1383  provider to file the report, or a corrected or sufficient
 1384  report, as applicable, fails to file the report within 15 days
 1385  after the date of the mailing of the notice, the tax collection
 1386  service provider may:
 1387         1. Determine the amount of contributions due from the
 1388  employer based on the information readily available to it, which
 1389  determination is deemed to be prima facie correct;
 1390         2. Assess the employer the amount of contributions
 1391  determined to be due; and
 1392         3. Immediately notify the employer by mail of the
 1393  determination and assessment including penalties as provided in
 1394  this chapter, if any, added and assessed, and demand payment
 1395  together with interest on the amount of contributions from the
 1396  date that amount was due and payable.
 1397         (b) Hearings.—The determination and assessment are final 15
 1398  days after the date the assessment is mailed unless the employer
 1399  files with the tax collection service provider within the 15
 1400  days a written protest and petition for hearing specifying the
 1401  objections thereto. The tax collection service provider shall
 1402  promptly review each petition and may reconsider its
 1403  determination and assessment in order to resolve the
 1404  petitioner’s objections. The tax collection service provider
 1405  shall forward each petition remaining unresolved to the Agency
 1406  for Workforce Innovation for a hearing on the objections. Upon
 1407  receipt of a petition, the Agency for Workforce Innovation shall
 1408  schedule a hearing and notify the petitioner of the time and
 1409  place of the hearing. The Agency for Workforce Innovation may
 1410  appoint special deputies to conduct hearings and to submit their
 1411  findings together with a transcript of the proceedings before
 1412  them and their recommendations to the agency for its final
 1413  order. Special deputies are subject to the prohibition against
 1414  ex parte communications in s. 120.66. At any hearing conducted
 1415  by the Agency for Workforce Innovation or its special deputy,
 1416  evidence may be offered to support the determination and
 1417  assessment or to prove it is incorrect. In order to prevail,
 1418  however, the petitioner must either prove that the determination
 1419  and assessment are incorrect or file full and complete corrected
 1420  reports. Evidence may also be submitted at the hearing to rebut
 1421  the determination by the tax collection service provider that
 1422  the petitioner is an employer under this chapter. Upon evidence
 1423  taken before it or upon the transcript submitted to it with the
 1424  findings and recommendation of its special deputy, the Agency
 1425  for Workforce Innovation shall either set aside the tax
 1426  collection service provider’s determination that the petitioner
 1427  is an employer under this chapter or reaffirm the determination.
 1428  The amounts assessed under the final order, together with
 1429  interest and penalties, must be paid within 15 days after notice
 1430  of the final order is mailed to the employer, unless judicial
 1431  review is instituted in a case of status determination. Amounts
 1432  due when the status of the employer is in dispute are payable
 1433  within 15 days after the entry of an order by the court
 1434  affirming the determination. However, any determination that an
 1435  employing unit is not an employer under this chapter does not
 1436  affect the benefit rights of any individual as determined by an
 1437  appeals referee or the commission unless:
 1438         1. The individual is made a party to the proceedings before
 1439  the special deputy; or
 1440         2. The decision of the appeals referee or the commission
 1441  has not become final or the employing unit and the Agency for
 1442  Workforce Innovation were not made parties to the proceedings
 1443  before the appeals referee or the commission.
 1444         (c) Appeals.—The Agency for Workforce Innovation and the
 1445  state agency providing unemployment tax collection services
 1446  shall adopt rules prescribing the procedures for an employing
 1447  unit determined to be an employer to file an appeal and be
 1448  afforded an opportunity for a hearing on the determination.
 1449  Pending a hearing, the employing unit must file reports and pay
 1450  contributions in accordance with s. 443.131.
 1451         (3) COLLECTION PROCEEDINGS.—
 1452         (a) Lien for payment of contributions or reimbursements.—
 1453         1. There is created A lien exists in favor of the tax
 1454  collection service provider upon all the property, both real and
 1455  personal, of any employer liable for payment of any contribution
 1456  or reimbursement levied and imposed under this chapter for the
 1457  amount of the contributions or reimbursements due, together with
 1458  any interest, costs, and penalties. If any contribution or
 1459  reimbursement imposed under this chapter or any portion of that
 1460  contribution, reimbursement, interest, or penalty is not paid
 1461  within 60 days after becoming delinquent, the tax collection
 1462  service provider may file subsequently issue a notice of lien
 1463  that may be filed in the office of the clerk of the circuit
 1464  court of any county in which the delinquent employer owns
 1465  property or has conducted business. The notice of lien must
 1466  include the periods for which the contributions, reimbursements,
 1467  interest, or penalties are demanded and the amounts due. A copy
 1468  of the notice of lien must be mailed to the employer at the
 1469  employer’s her or his last known address. The notice of lien may
 1470  not be filed issued and recorded until 15 days after the date
 1471  the assessment becomes final under subsection (2). Upon filing
 1472  presentation of the notice of lien, the clerk of the circuit
 1473  court shall record the notice of lien it in a book maintained
 1474  for that purpose, and the amount of the notice of lien, together
 1475  with the cost of recording and interest accruing upon the amount
 1476  of the contribution or reimbursement, becomes a lien upon the
 1477  title to and interest, whether legal or equitable, in any real
 1478  property, chattels real, or personal property of the employer
 1479  against whom the notice of lien is issued, in the same manner as
 1480  a judgment of the circuit court docketed in the office of the
 1481  circuit court clerk, with execution issued to the sheriff for
 1482  levy. This lien is prior, preferred, and superior to all
 1483  mortgages or other liens filed, recorded, or acquired after the
 1484  notice of lien is filed. Upon the payment of the amounts due, or
 1485  upon determination by the tax collection service provider that
 1486  the notice of lien was erroneously issued, the lien is satisfied
 1487  when the service provider acknowledges in writing that the lien
 1488  is fully satisfied. A lien’s satisfaction does not need to be
 1489  acknowledged before any notary or other public officer, and the
 1490  signature of the director of the tax collection service provider
 1491  or his or her designee is conclusive evidence of the
 1492  satisfaction of the lien, which satisfaction shall be recorded
 1493  by the clerk of the circuit court who receives the fees for
 1494  those services.
 1495         2. The tax collection service provider may subsequently
 1496  issue a warrant directed to any sheriff in this state,
 1497  commanding him or her to levy upon and sell any real or personal
 1498  property of the employer liable for any amount under this
 1499  chapter within his or her jurisdiction, for payment, with the
 1500  added penalties and interest and the costs of executing the
 1501  warrant, together with the costs of the clerk of the circuit
 1502  court in recording and docketing the notice of lien, and to
 1503  return the warrant to the service provider with payment. The
 1504  warrant may only be issued and enforced for all amounts due to
 1505  the tax collection service provider on the date the warrant is
 1506  issued, together with interest accruing on the contribution or
 1507  reimbursement due from the employer to the date of payment at
 1508  the rate provided in this section. In the event of sale of any
 1509  assets of the employer, however, priorities under the warrant
 1510  shall be determined in accordance with the priority established
 1511  by any notices of lien filed by the tax collection service
 1512  provider and recorded by the clerk of the circuit court. The
 1513  sheriff shall execute the warrant in the same manner prescribed
 1514  by law for executions issued by the clerk of the circuit court
 1515  for judgments of the circuit court. The sheriff is entitled to
 1516  the same fees for executing the warrant as for a writ of
 1517  execution out of the circuit court, and these fees must be
 1518  collected in the same manner.
 1519         3.The lien expires 10 years after the filing of a notice
 1520  of lien with the clerk of court. An action to collect amounts
 1521  due under this chapter may not be commenced after the expiration
 1522  of the lien securing the payment of the amounts owed.
 1523         (b) Injunctive procedures to contest warrants after
 1524  issuance.—An injunction or restraining order to stay the
 1525  execution of a warrant may not be issued until a motion is
 1526  filed; reasonable notice of a hearing on the motion for the
 1527  injunction is served on the tax collection service provider; and
 1528  the party seeking the injunction either pays into the custody of
 1529  the court the full amount of contributions, reimbursements,
 1530  interests, costs, and penalties claimed in the warrant or enters
 1531  into and files with the court a bond with two or more good and
 1532  sufficient sureties approved by the court in a sum at least
 1533  twice the amount of the contributions, reimbursements,
 1534  interests, costs, and penalties, payable to the tax collection
 1535  service provider. The bond must also be conditioned to pay the
 1536  amount of the warrant, interest, and any damages resulting from
 1537  the wrongful issuing of the injunction, if the injunction is
 1538  dissolved, or the motion for the injunction is dismissed. Only
 1539  one surety is required when the bond is executed by a lawfully
 1540  authorized surety company.
 1541         (c) Attachment and garnishment.—Upon the filing of notice
 1542  of lien as provided in subparagraph (a)1., the tax collection
 1543  service provider is entitled to remedy by attachment or
 1544  garnishment as provided in chapters 76 and 77, as for a debt
 1545  due. Upon application by the tax collection service provider,
 1546  these writs shall be issued by the clerk of the circuit court as
 1547  upon a judgment of the circuit court duly docketed and recorded.
 1548  These writs shall be returnable to the circuit court. A bond may
 1549  not be required of the tax collection service provider as a
 1550  condition required for the issuance of these writs of attachment
 1551  or garnishment. Issues raised under proceedings by attachment or
 1552  garnishment shall be tried by the circuit court in the same
 1553  manner as a judgment under chapters 76 and 77. Further, the
 1554  notice of lien filed by the tax collection service provider is
 1555  valid for purposes of all remedies under this chapter until
 1556  satisfied under this chapter, and revival by scire facias or
 1557  other proceedings are not necessary before pursuing any remedy
 1558  authorized by law. Proceedings authorized upon a judgment of the
 1559  circuit court do not make the lien a judgment of the circuit
 1560  court upon a debt for any purpose other than as are specifically
 1561  provided by law as procedural remedies.
 1562         (d) Third-party claims.—Upon any levy made by the sheriff
 1563  under a writ of attachment or garnishment as provided in
 1564  paragraph (c), the circuit court shall try third-party claims to
 1565  property involved as upon a judgment thereof and all proceedings
 1566  authorized on third-party claims in ss. 56.16, 56.20, 76.21, and
 1567  77.16 shall apply.
 1568         (e) Proceedings supplementary to execution.—At any time
 1569  after a warrant provided for in subparagraph (a)2. is returned
 1570  unsatisfied by any sheriff of this state, the tax collection
 1571  service provider may file an affidavit in the circuit court
 1572  affirming the warrant was returned unsatisfied and remains valid
 1573  and outstanding. The affidavit must also state the residence of
 1574  the party or parties against whom the warrant is issued. The tax
 1575  collection service provider is subsequently entitled to have
 1576  other and further proceedings in the circuit court as upon a
 1577  judgment thereof as provided in s. 56.29.
 1578         (f) Reproductions.—In any proceedings in any court under
 1579  this chapter, reproductions of the original records of the
 1580  Agency for Workforce Innovation, its tax collection service
 1581  provider, the former Department of Labor and Employment
 1582  Security, or the commission, including, but not limited to,
 1583  photocopies or microfilm, are primary evidence in lieu of the
 1584  original records or of the documents that were transcribed into
 1585  those records.
 1586         (g) Jeopardy assessment and warrant.—If the tax collection
 1587  service provider reasonably believes that the collection of
 1588  contributions or reimbursements from an employer will be
 1589  jeopardized by delay, the service provider may assess the
 1590  contributions or reimbursements immediately, together with
 1591  interest or penalties when due, regardless of whether the
 1592  contributions or reimbursements accrued are due, and may
 1593  immediately issue a notice of lien and jeopardy warrant upon
 1594  which proceedings may be conducted as provided in this section
 1595  for notice of lien and warrant of the service provider. Within
 1596  15 days after mailing the notice of lien by registered mail, the
 1597  employer may protest the issuance of the lien in the same manner
 1598  provided in paragraph (2)(a). The protest does not operate as a
 1599  supersedeas or stay of enforcement unless the employer files
 1600  with the sheriff seeking to enforce the warrant a good and
 1601  sufficient surety bond in twice the amount demanded by the
 1602  notice of lien or warrant. The bond must be conditioned upon
 1603  payment of the amount subsequently found to be due from the
 1604  employer to the tax collection service provider in the final
 1605  order of the Agency for Workforce Innovation upon protest of
 1606  assessment. The jeopardy warrant and notice of lien are
 1607  satisfied in the manner provided in this section upon payment of
 1608  the amount finally determined to be due from the employer. If
 1609  enforcement of the jeopardy warrant is not superseded as
 1610  provided in this section, the employer is entitled to a refund
 1611  from the fund of all amounts paid as contributions or
 1612  reimbursements in excess of the amount finally determined to be
 1613  due by the employer upon application being made as provided in
 1614  this chapter.
 1615         (4) MISCELLANEOUS PROVISIONS FOR COLLECTION OF
 1616  CONTRIBUTIONS AND REIMBURSEMENTS.—
 1617         (a) In addition to all other remedies and proceedings
 1618  authorized by this chapter for the collection of contributions
 1619  and reimbursements, a right of action by suit in the name of the
 1620  tax collection service provider is created. A suit may be
 1621  brought, and all proceedings taken, to the same effect and
 1622  extent as for the enforcement of a right of action for debt or
 1623  assumpsit, and all remedies available in such actions, including
 1624  attachment and garnishment, are available to the tax collection
 1625  service provider for the collection of any contribution or
 1626  reimbursement. The tax collection service provider is not,
 1627  however, required to post bond in any such action or
 1628  proceedings. In addition, this section does not make these
 1629  contributions or reimbursements a debt or demand unenforceable
 1630  against homestead property as provided by Art. X of the State
 1631  Constitution, and these remedies are solely procedural.
 1632         (b) An employer who fails to make return or pay the
 1633  contributions or reimbursements levied under this chapter, and
 1634  who remains an employer as provided in s. 443.121, may be
 1635  enjoined from employing individuals in employment as defined in
 1636  this chapter upon the complaint of the tax collection service
 1637  provider in the circuit court of the county in which the
 1638  employer does business. An employer who fails to make return or
 1639  pay contributions or reimbursements shall be enjoined from
 1640  employing individuals in employment until the return is made and
 1641  the contributions or reimbursements are paid to the tax
 1642  collection service provider.
 1643         (c) Any agent or employee designated by the Agency for
 1644  Workforce Innovation or its tax collection service provider may
 1645  administer an oath to any person for any return or report
 1646  required by this chapter or by the rules of the Agency for
 1647  Workforce Innovation or the state agency providing unemployment
 1648  tax collection services, and an oath made before the agency or
 1649  its service provider or any authorized agent or employee has the
 1650  same effect as an oath made before any judicial officer or
 1651  notary public of the state.
 1652         (d) Civil actions brought under this chapter to collect
 1653  contributions, reimbursements, or interest, or any proceeding
 1654  conducted for the collection of contributions or reimbursements
 1655  from an employer, shall be heard by the court having
 1656  jurisdiction at the earliest possible date and are entitled to
 1657  preference upon the calendar of the court over all other civil
 1658  actions except petitions for judicial review of claims for
 1659  benefits arising under this chapter and cases arising under the
 1660  Workers’ Compensation Law of this state.
 1661         (e) The tax collection service provider may commence an
 1662  action in any other state to collect unemployment compensation
 1663  contributions, reimbursements, penalties, and interest legally
 1664  due this state. The officials of other states that extend a like
 1665  comity to this state may sue for the collection of
 1666  contributions, reimbursements, interest, and penalties in the
 1667  courts of this state. The courts of this state shall recognize
 1668  and enforce liability for contributions, reimbursements,
 1669  interest, and penalties imposed by other states that extend a
 1670  like comity to this state.
 1671         (f) The collection of any contribution, reimbursement,
 1672  interest, or penalty due under this chapter is not enforceable
 1673  by civil action, warrant, claim, or other means unless the
 1674  notice of lien is filed with the clerk of the circuit court as
 1675  described in subsection (3) within 5 years after the date the
 1676  contribution, reimbursement, interest, and penalty were due.
 1677         (5) PRIORITIES UNDER LEGAL DISSOLUTION OR DISTRIBUTIONS.—In
 1678  the event of any distribution of any employer’s assets pursuant
 1679  to an order of any court under the laws of this state, including
 1680  any receivership, assignment for the benefit of creditors,
 1681  adjudicated insolvency, composition, administration of estates
 1682  of decedents, or other similar proceeding, contributions or
 1683  reimbursements then or subsequently due must be paid in full
 1684  before all other claims except claims for wages of $250 or less
 1685  to each claimant, earned within 6 months after the commencement
 1686  of the proceeding, and on a parity with all other tax claims
 1687  wherever those tax claims are given priority. In the
 1688  administration of the estate of any decedent, the filing of
 1689  notice of lien is a proceeding required upon protest of the
 1690  claim filed by the tax collection service provider for
 1691  contributions or reimbursements due under this chapter, and the
 1692  claim must be allowed by the circuit judge. The personal
 1693  representative of the decedent, however, may by petition to the
 1694  circuit court object to the validity of the tax collection
 1695  service provider’s claim, and proceedings shall be conducted in
 1696  the circuit court for the determination of the validity of the
 1697  service provider’s claim. Further, the bond of the personal
 1698  representative may not be discharged until the claim is finally
 1699  determined by the circuit court. When a bond is not given by the
 1700  personal representative, the assets of the estate may not be
 1701  distributed until the final determination by the circuit court.
 1702  Upon distribution of the assets of the estate of any decedent,
 1703  the tax collection service provider’s claim has a class 8
 1704  priority established in s. 733.707(1)(h), subject to the above
 1705  limitations with reference to wages. In the event of any
 1706  employer’s adjudication in bankruptcy, judicially confirmed
 1707  extension proposal, or composition, under the Federal Bankruptcy
 1708  Act of 1898, as amended, contributions or reimbursements then or
 1709  subsequently due are entitled to priority as is provided in s.
 1710  64B of that act (U.S.C. Title II, s. 104(b), as amended).
 1711         (6) REFUNDS.—
 1712         (a) Within 4 years after payment of any amount as
 1713  contributions, reimbursements, interest, or penalties, an
 1714  employing unit may apply for an adjustment of its subsequent
 1715  payments of contributions or reimbursements, or for a refund if
 1716  the adjustment cannot be made.
 1717         (b) If the tax collection service provider determines that
 1718  any contributions, reimbursements, interest, or penalties were
 1719  erroneously collected, the employing unit may adjust its
 1720  subsequent payment of contributions or reimbursements by the
 1721  amount erroneously collected. If an adjustment cannot be made,
 1722  the tax collection service provider shall refund the amount
 1723  erroneously collected from the fund.
 1724         (c) Within the time limit provided in paragraph (a), the
 1725  tax collection service provider may on its own initiative adjust
 1726  or refund the amount erroneously collected.
 1727         (d) This chapter does not authorize a refund of
 1728  contributions or reimbursements properly paid in accordance with
 1729  this chapter when the payment was made, except as required by s.
 1730  443.1216(13)(e).
 1731         (e) An employing unit entitled to a refund or adjustment
 1732  for erroneously collected contributions, reimbursements,
 1733  interest, or penalties is not entitled to interest on that
 1734  erroneously collected amount.
 1735         (f) Refunds under this subsection and under s.
 1736  443.1216(13)(e) may be paid from the clearing account or the
 1737  benefit account of the Unemployment Compensation Trust Fund and
 1738  from the Special Employment Security Administration Trust Fund
 1739  for interest or penalties previously paid into the fund,
 1740  notwithstanding s. 443.191(2).
 1741         Section 22. Effective July 1, 2009, subsection (2) of
 1742  section 443.163, Florida Statutes, is amended to read:
 1743         443.163 Electronic reporting and remitting of contributions
 1744  and reimbursements.—
 1745         (2)(a) An employer who is required by law to file an
 1746  Employers Quarterly Report (UCT-6) by approved electronic means,
 1747  but who files the report by a means other than approved
 1748  electronic means, is liable for a penalty of $50 $10 for that
 1749  report and $1 for each employee. This penalty, which is in
 1750  addition to any other applicable penalty provided by this
 1751  chapter. However, unless the penalty does not apply if employer
 1752  first obtains a waiver of this requirement from the tax
 1753  collection service provider waives the electronic filing
 1754  requirement in advance. An employer who fails to remit
 1755  contributions or reimbursements by approved electronic means as
 1756  required by law is liable for a penalty of $50 $10 for each
 1757  remittance submitted by a means other than approved electronic
 1758  means. This penalty, which is in addition to any other
 1759  applicable penalty provided by this chapter.
 1760         (b) A person who prepared and reported for 100 or more
 1761  employers in any quarter during the preceding state fiscal year,
 1762  but who fails to file an Employers Quarterly Report (UCT-6) for
 1763  each calendar quarter in the current calendar year by approved
 1764  electronic means as required by law, is liable for a penalty of
 1765  $50 $10 for that report and $1 for each employee. This penalty,
 1766  which is in addition to any other applicable penalty provided by
 1767  this chapter. However, unless the penalty does not apply if
 1768  person first obtains a waiver of this requirement from the tax
 1769  collection service provider waives the electronic filing
 1770  requirement in advance.
 1771         Section 23. Subsection (3) of section 443.163, Florida
 1772  Statutes, is amended to read:
 1773         443.163 Electronic reporting and remitting of contributions
 1774  and reimbursements.—
 1775         (3) The tax collection service provider may waive the
 1776  requirement to file an Employers Quarterly Report (UCT-6) by
 1777  electronic means for employers that are unable to comply despite
 1778  good faith efforts or due to circumstances beyond the employer’s
 1779  reasonable control.
 1780         (a) As prescribed by the Agency for Workforce Innovation or
 1781  its tax collection service provider, grounds for approving the
 1782  waiver include, but are not limited to, circumstances in which
 1783  the employer does not:
 1784         1. Currently file information or data electronically with
 1785  any business or government agency; or
 1786         2. Have a compatible computer that meets or exceeds the
 1787  standards prescribed by the Agency for Workforce Innovation or
 1788  its tax collection service provider.
 1789         (b) The tax collection service provider shall accept other
 1790  reasons for requesting a waiver from the requirement to submit
 1791  the Employers Quarterly Report (UCT-6) by electronic means,
 1792  including, but not limited to:
 1793         1. That the employer needs additional time to program his
 1794  or her computer;
 1795         2. That complying with this requirement causes the employer
 1796  financial hardship; or
 1797         3. That complying with this requirement conflicts with the
 1798  employer’s business procedures.
 1799         (c) The Agency for Workforce Innovation or the state agency
 1800  providing unemployment tax collection services may establish by
 1801  rule the length of time a waiver is valid and may determine
 1802  whether subsequent waivers will be authorized, based on this
 1803  subsection; however, the tax collection service provider may
 1804  only grant a waiver from electronic reporting if the employer
 1805  timely files the Employers Quarterly Report (UCT-6) by telefile,
 1806  unless the employer wage detail exceeds the service provider’s
 1807  telefile system capabilities.
 1808         Section 24. Effective July 1, 2009, section 213.691,
 1809  Florida Statutes, is created to read:
 1810         213.691Integrated warrants and judgment lien
 1811  certificates.—The department may file a single integrated
 1812  warrant or a single integrated judgment lien certificate for a
 1813  taxpayer’s total liability for all taxes, fees, or surcharges
 1814  administered by the department. Such warrants and judgment lien
 1815  certificates may be filed in lieu of or to replace individual
 1816  warrants, notices of liens, and judgment lien certificates. Each
 1817  integrated warrant or integrated judgment lien certificate must
 1818  itemize the amount due for each tax, fee, or surcharge and any
 1819  related interest and penalty.
 1820         Section 25. Effective July 1, 2009, section 213.692,
 1821  Florida Statutes, is created to read:
 1822         213.692Integrated enforcement authority.—
 1823         (1)If the department has filed a warrant, notice of lien,
 1824  or judgment lien certificate against the property of a taxpayer,
 1825  the department may also revoke all certificates of registration,
 1826  permits, or licenses issued by the department to that taxpayer.
 1827         (a)Before the department may revoke the certificates of
 1828  registration, permits, or licenses, the department must schedule
 1829  an informal conference that the taxpayer is required to attend.
 1830  At the conference, the taxpayer may present evidence regarding
 1831  the department’s intended action or enter into a compliance
 1832  agreement. The department must provide written notice to the
 1833  taxpayer of the department’s intended action and the time, date,
 1834  place of the conference. The department shall issue an
 1835  administrative complaint to revoke the certificates of
 1836  registration, permits, or licenses if the taxpayer does not
 1837  attend the conference, enter into a compliance agreement, or
 1838  comply with a compliance agreement.
 1839         (b)The department may not issue a certificate of
 1840  registration, permit, or license to a taxpayer whose certificate
 1841  of registration, permit, or license has been revoked unless:
 1842         1.The outstanding liabilities of the taxpayer have been
 1843  satisfied; or
 1844         2.The department enters into a written agreement with the
 1845  taxpayer regarding any outstanding liabilities and, as part of
 1846  such agreement, agrees to issue a certificate of registration,
 1847  permit, or license.
 1848         (c)The department shall require a cash deposit, bond, or
 1849  other security as a condition of issuing a new certificate of
 1850  registration pursuant to the requirements of s. 212.14(4).
 1851         (2)If the department files a warrant or a judgment lien
 1852  certificate in connection with a jeopardy assessment, the
 1853  department must comply with the procedures in s. 213.732 before
 1854  or in conjunction with those provided in this section.
 1855         (3)The department may adopt rules to administer this
 1856  section.
 1857         Section 26. Effective July 1, 2009, the Department of
 1858  Revenue is authorized to adopt emergency rules to administer s.
 1859  213.692, Florida Statutes. The emergency rules shall remain in
 1860  effect for 6 months after adoption and may be renewed during the
 1861  pendency of procedures to adopt rules addressing the subject of
 1862  the emergency rules.
 1863         Section 27. Effective July 1, 2009, section 195.095,
 1864  Florida Statutes, is repealed.
 1865         Section 28. Effective July 1, 2009, section 213.054,
 1866  Florida Statutes, is repealed.
 1867         Section 29.  Except as otherwise expressly provided in this
 1868  act, this act shall take effect upon becoming a law.
 1869  
 1870  ================= T I T L E  A M E N D M E N T ================
 1871         And the title is amended as follows:
 1872         Delete everything before the enacting clause
 1873  and insert:
 1874                        A bill to be entitled                      
 1875         An act relating to the Department of Revenue; amending
 1876         s. 55.204, F.S.; providing for the duration of certain
 1877         judgment liens; amending s. 72.011, F.S.; clarifying
 1878         the date by which an action to contest any tax,
 1879         interest, or penalties must be filed; conforming
 1880         cross-references; authorizing the Department of
 1881         Revenue, the Department of Highway Safety and Motor
 1882         Vehicles, and the Department of Business and
 1883         Professional Regulation to adopt rules for the waiver
 1884         of the requirement for the payment of uncontested
 1885         amounts and the deposit of security in actions to
 1886         contest the legality of any tax, interest, or penalty;
 1887         amending s. 95.091, F.S.; providing that the duration
 1888         of a tax lien relating to certain unemployment
 1889         compensation taxes expires 10 years following a
 1890         certain date; amending s. 202.125, F.S.; clarifying
 1891         that an exemption from the communications services tax
 1892         does not apply to a residence that is all or part of a
 1893         transient public lodging establishment; amending s.
 1894         212.07, F.S.; conforming a cross-reference; imposing
 1895         criminal penalties on a dealer who willfully fails to
 1896         collect certain taxes or fees after notice of a duty
 1897         to collect the taxes or fees by the Department of
 1898         Revenue; amending s. 212.08, F.S.; providing criteria
 1899         to determine the tax on a package that contains
 1900         taxable nonfood products and exempt food products;
 1901         clarifying that the sales tax exemption for building
 1902         materials used in the rehabilitation of real property
 1903         located in an enterprise zone applies only during the
 1904         rehabilitation of the real property; authorizing a
 1905         single application for a tax refund for certain
 1906         contiguous parcels of real property; revising
 1907         information that must be included in the application
 1908         for the tax refund; providing that the tax exemption
 1909         for building materials used in an enterprise zone may
 1910         inure to a unit of government; amending s. 212.12,
 1911         F.S.; deleting provisions relating to criminal
 1912         penalties for failing to register as a dealer or to
 1913         collect tax after notice from the Department of
 1914         Revenue; amending s. 212.18, F.S.; providing criminal
 1915         penalties for willfully failing to register as a
 1916         dealer after notice from the Department of Revenue;
 1917         requiring the department to send written notice of the
 1918         duty to register by personal service, registered mail,
 1919         or both; amending s. 213.053, F.S.; providing that the
 1920         Department of Revenue may share certain information
 1921         with the Florida Energy and Climate Commission;
 1922         providing that the Department of Revenue may share
 1923         taxpayer names and identification numbers for purposes
 1924         of information-sharing agreements with financial
 1925         institutions; providing that provisions restricting
 1926         the disclosure of confidential information do not
 1927         apply to certain methods of electronic communication
 1928         for certain purposes; providing that the Department of
 1929         Revenue may release information relating to
 1930         outstanding tax warrants to the Department of Business
 1931         and Professional Regulation; authorizing the
 1932         Department of Revenue to publish a list of taxpayers
 1933         against whom it has filed a warrant or judgment lien
 1934         certificate; requiring the department to update the
 1935         list at least monthly; authorizing the Department of
 1936         Revenue to adopt rules; creating s. 213.0532, F.S.;
 1937         defining terms; requiring the Department of Revenue to
 1938         enter into information-sharing agreements with
 1939         financial institutions to collect information relating
 1940         to taxpayers; requiring financial institutions to
 1941         provide to the department certain information each
 1942         calendar quarter; requiring the department to pay a
 1943         reasonable fee to a financial institution for certain
 1944         costs; providing that financial institutions do not
 1945         need to provide notice of information-sharing
 1946         agreements to accountholders; providing that financial
 1947         institutions are not liable for certain acts taken in
 1948         connection with information-sharing agreements;
 1949         authorizing the Department of Revenue to adopt rules;
 1950         amending s. 213.25, F.S.; authorizing the Department
 1951         of Revenue to reduce a tax refund or a tax credit to
 1952         the extent of liability for unemployment compensation
 1953         taxes; amending s. 213.50, F.S.; authorizing the
 1954         Department of Business and Professional Regulation to
 1955         revoke the hotel or restaurant license of a
 1956         licenseholder having an outstanding tax warrant for a
 1957         certain period; authorizing the Department of Business
 1958         and Professional Regulation to deny an application to
 1959         renew the hotel or restaurant license of a
 1960         licenseholder having an outstanding tax warrant for a
 1961         certain period; amending s. 213.67, F.S.; clarifying
 1962         the date by which an action to contest a notice of
 1963         intent to levy must be filed; creating s. 213.758,
 1964         F.S.; defining terms; providing for the transfer of
 1965         tax liabilities to the transferee of a business or a
 1966         stock of goods under certain circumstances; providing
 1967         exceptions; requiring a taxpayer who quits a business
 1968         to file a final tax return; authorizing the Department
 1969         of Legal Affairs to seek injunctions to prevent
 1970         business activities until taxes are paid; requiring
 1971         the transferor of a business or stock of goods to file
 1972         a final tax return and make a full tax payment after a
 1973         transfer; authorizing a transferee of a business or
 1974         stock of goods to withhold a portion of the
 1975         consideration for the transfer for the payment of
 1976         certain taxes; authorizing the Department of Legal
 1977         Affairs to seek an injunction to prevent business
 1978         activities by a transferee until the taxes are paid;
 1979         providing that the transferees are jointly and
 1980         severally liable with the transferor for the payment
 1981         of taxes, interest, or penalties under certain
 1982         circumstances; limiting the transferee’s liability to
 1983         the value or purchase price of the transferred
 1984         property; authorizing the Department of Revenue to
 1985         adopt rules; amending s. 220.192, F.S.; providing for
 1986         the administration of certain portions of the
 1987         renewable energy technologies tax credit program by
 1988         the Florida Energy and Climate Commission; providing
 1989         for retroactive application; amending s. 336.021,
 1990         F.S.; revising the distribution of the ninth-cent fuel
 1991         tax on motor fuel and diesel fuel; amending s.
 1992         443.036, F.S.; providing for the treatment of a
 1993         single-member limited liability company as the
 1994         employer; amending s. 443.1215, F.S.; correcting a
 1995         cross-reference; amending s. 443.1316, F.S.;
 1996         conforming cross-references; amending s. 443.141,
 1997         F.S.; providing penalties for erroneous, incomplete,
 1998         or insufficient reports; authorizing a waiver of the
 1999         penalty under certain circumstances; defining a term;
 2000         authorizing the Agency for Workforce Innovation and
 2001         the state agency providing unemployment compensation
 2002         tax collection services to adopt rules; providing an
 2003         expiration date for liens for contributions and
 2004         reimbursements; amending s. 443.163, F.S.; increasing
 2005         penalties for failing to file Employers Quarterly
 2006         Reports by means other than approved electronic means;
 2007         creating s. 213.691, F.S.; authorizing the Department
 2008         of Revenue to file an integrated warrant or judgment
 2009         lien for a taxpayer’s total liability for taxes, fees,
 2010         or surcharges; requiring the integrated warrant or
 2011         judgment lien certificate to itemize amounts due for
 2012         each tax, fee, or surcharge; creating s. 213.692,
 2013         F.S.; authorizing the Department of Revenue to revoke
 2014         all certificates of registration, permits, or licenses
 2015         issued to a taxpayer against whose property the
 2016         department has filed a warrant or tax lien; requiring
 2017         the scheduling of an informal conference before
 2018         revocation of the certificates of registration,
 2019         permits, or licenses; prohibiting the Department of
 2020         Revenue from issuing a certificate of registration,
 2021         permit, or license to a taxpayer whose certificate of
 2022         registration, permit, or license has been revoked;
 2023         providing exceptions; requiring security as a
 2024         condition of issuing a new certificate of registration
 2025         to a person whose certificate of registration, permit,
 2026         or license has been revoked after the filing of a
 2027         warrant or tax lien certificate; authorizing the
 2028         department to adopt rules; repealing s. 195.095, F.S.,
 2029         relating to the authority of the Department of Revenue
 2030         to develop lists of bidders that are approved to
 2031         contract with property appraisers, tax collectors, or
 2032         county commissions for assessment or collection
 2033         services; repealing s. 213.054, F.S., relating to
 2034         monitoring and reporting on the use of a tax deduction
 2035         claimed by international banking institutions;
 2036         providing effective dates.