Florida Senate - 2012                      CS for CS for SB 1304
       
       
       
       By the Committees on Budget; Budget Subcommittee on Finance and
       Tax; and Budget Subcommittee on Finance and Tax
       
       
       
       576-04366-12                                          20121304c2
    1                        A bill to be entitled                      
    2         An act relating to tax administration; amending s.
    3         211.3103, F.S.; revising the excise tax rates levied
    4         upon each ton of phosphate rock severed; specifying
    5         the period during which the rates apply; revising the
    6         distribution of the revenues received; deleting
    7         obsolete provisions; amending s. 212.03, F.S.;
    8         providing that charges for the storage of towed
    9         vehicles are taxable, unless the vehicles are
   10         impounded by a local, state, or federal law
   11         enforcement agency; amending s. 212.07, F.S.;
   12         conforming a cross-reference to changes made by the
   13         act; subjecting a dealer to monetary and criminal
   14         penalties for the willful failure to collect certain
   15         taxes or fees after notice of the duty to collect the
   16         taxes or fees by the Department of Revenue; amending
   17         s. 212.08, F.S.; providing an exemption from the tax
   18         on sales, use, and other transactions for the sale or
   19         lease of accessible taxicabs; providing a definition
   20         of the term “accessible taxicab”; amending s. 212.12,
   21         F.S.; deleting provisions relating to the imposition
   22         of criminal penalties after notice by the Department
   23         of Revenue of requirements to register as a dealer or
   24         to collect taxes; making technical and grammatical
   25         changes to provisions specifying penalties for making
   26         a false or fraudulent return with the intent to evade
   27         payment of a tax or fee; amending s. 212.14, F.S.;
   28         defining the term “person”; authorizing the Department
   29         of Revenue to adopt rules relating to requirements for
   30         a person to deposit cash, a bond, or other security
   31         with the department in order to ensure compliance with
   32         sales tax laws; making technical and grammatical
   33         changes; amending s. 212.18, F.S.; subjecting a person
   34         to criminal penalties for willfully failing to
   35         register as a dealer after notice of the duty to
   36         register by the Department of Revenue; making
   37         technical and grammatical changes; amending s. 213.13,
   38         F.S.; revising the due date for funds collected by the
   39         clerks of court to be transmitted to the Department of
   40         Revenue; creating s. 213.295, F.S.; providing
   41         definitions; subjecting a person to criminal penalties
   42         and monetary penalties for knowingly selling an
   43         automated sales suppression device, zapper, or
   44         phantom-ware; defining sales suppression devices and
   45         phantom-ware as contraband articles under the Florida
   46         Contraband Forfeiture Act; amending s. 213.756, F.S.;
   47         providing an absolute defense by a retailer against a
   48         purchaser’s claim for a refund; amending s. 220.153,
   49         F.S.; redefining the term “qualified capital
   50         expenditures” for purposes of apportionment by sales
   51         factor; amending s. 322.142, F.S.; authorizing the
   52         Department of Highway Safety and Motor Vehicles to
   53         release photographs or digital images to the
   54         Department of Revenue in order to identify individuals
   55         for purposes of tax administration; amending s.
   56         336.021, F.S.; revising the date for imposing the
   57         ninth-cent fuel tax; amending s. 336.025, F.S.;
   58         revising the date when impositions and rate changes of
   59         the local option fuel tax are levied; amending s.
   60         443.131, F.S.; imposing a requirement on employers to
   61         produce records for the Department of Economic
   62         Opportunity or its tax collection service provider as
   63         a prerequisite for a reduction in the rate of
   64         unemployment tax; amending s. 443.141, F.S.; providing
   65         a method to calculate the interest rate for past due
   66         contributions and reimbursements, and delinquent,
   67         erroneous, incomplete, or insufficient reports;
   68         providing for application; providing effective dates.
   69  
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Section 211.3103, Florida Statutes, is amended
   73  to read:
   74         211.3103 Levy of tax on severance of phosphate rock; rate,
   75  basis, and distribution of tax.—
   76         (1) There is hereby levied an excise tax upon each every
   77  person engaging in the business of severing phosphate rock from
   78  the soils or waters of this state for commercial use. The tax
   79  shall be collected, administered, and enforced by the
   80  department.
   81         (2)The tax rate shall be $1.61 per ton severed, except for
   82  the time period from January 1, 2015, to December 31, 2022, when
   83  the tax rate shall be $1.80 per ton severed.
   84         (2) Beginning July 1, 2004, the proceeds of all taxes,
   85  interest, and penalties imposed under this section shall be paid
   86  into the State Treasury as follows:
   87         (a) The first $10 million in revenue collected from the tax
   88  during each fiscal year shall be paid to the credit of the
   89  Conservation and Recreation Lands Trust Fund.
   90         (b) The remaining revenues collected from the tax during
   91  that fiscal year, after the required payment under paragraph
   92  (a), shall be paid into the State Treasury as follows:
   93         1. To the credit of the General Revenue Fund of the state,
   94  40.1 percent.
   95         2. For payment to counties in proportion to the number of
   96  tons of phosphate rock produced from a phosphate rock matrix
   97  located within such political boundary, 16.5 percent. The
   98  department shall distribute this portion of the proceeds
   99  annually based on production information reported by the
  100  producers on the annual returns for the taxable year. Any such
  101  proceeds received by a county shall be used only for phosphate
  102  related expenses.
  103         3. For payment to counties that have been designated a
  104  rural area of critical economic concern pursuant to s. 288.0656
  105  in proportion to the number of tons of phosphate rock produced
  106  from a phosphate rock matrix located within such political
  107  boundary, 13 percent. The department shall distribute this
  108  portion of the proceeds annually based on production information
  109  reported by the producers on the annual returns for the taxable
  110  year. Payments under this subparagraph shall be made to the
  111  counties unless the Legislature by special act creates a local
  112  authority to promote and direct the economic development of the
  113  county. If such authority exists, payments shall be made to that
  114  authority.
  115         4. To the credit of the Phosphate Research Trust Fund in
  116  the Division of Universities of the Department of Education, 9.3
  117  percent.
  118         5. To the credit of the Minerals Trust Fund, 10.7 percent.
  119         6. To the credit of the Nonmandatory Land Reclamation Trust
  120  Fund, 10.4 percent.
  121         (3) Beginning July 1, 2003, and annually thereafter, the
  122  Department of Environmental Protection may use up to $2 million
  123  of the funds in the Nonmandatory Land Reclamation Trust Fund to
  124  purchase a surety bond or a policy of insurance, the proceeds of
  125  which would pay the cost of restoration, reclamation, and
  126  cleanup of any phosphogypsum stack system and phosphate mining
  127  activities in the event that an operator or permittee thereof
  128  has been subject to a final order of bankruptcy and all funds
  129  available therefrom are determined to be inadequate to
  130  accomplish such restoration, reclamation, and cleanup. This
  131  section does not imply that such operator or permittee is
  132  thereby relieved of its obligations or relieved of any
  133  liabilities pursuant to any other remedies at law,
  134  administrative remedies, statutory remedies, or remedies
  135  pursuant to bankruptcy law. The department shall adopt rules to
  136  implement this subsection, including the purchase and oversight
  137  of the bond or policy.
  138         (4) Funds distributed pursuant to subparagraphs (2)(b)3.
  139  and (11)(e)4. shall be used for:
  140         (a) Planning, preparing, and financing of infrastructure
  141  projects for job creation and capital investment, especially
  142  those related to industrial and commercial sites. Infrastructure
  143  investments may include the following public or public-private
  144  partnership facilities: stormwater systems, telecommunications
  145  facilities, roads or other remedies to transportation
  146  impediments, nature-based tourism facilities, or other physical
  147  requirements necessary to facilitate trade and economic
  148  development activities.
  149         (b) Maximizing the use of federal, local, and private
  150  resources, including, but not limited to, those available under
  151  the Small Cities Community Development Block Grant Program.
  152         (c) Projects that improve inadequate infrastructure that
  153  has resulted in regulatory action that prohibits economic or
  154  community growth, if such projects are related to specific job
  155  creation or job retention opportunities.
  156         (5) Beginning January 1, 2004, the tax rate shall be the
  157  base rate of $1.62 per ton severed.
  158         (6) Beginning January 1, 2005, and annually thereafter, the
  159  tax rate shall be the base rate times the base rate adjustment
  160  for the tax year as calculated by the department in accordance
  161  with subsection (8).
  162         (3)(7) The excise tax levied by this section applies shall
  163  apply to the total production of the producer during the taxable
  164  year, measured on the basis of bone-dry tons produced at the
  165  point of severance.
  166         (8)(a) On or before March 30, 2004, and annually
  167  thereafter, the department shall calculate the base rate
  168  adjustment, if any, for phosphate rock based on the change in
  169  the unadjusted annual producer price index for the prior
  170  calendar year in relation to the unadjusted annual producer
  171  price index for calendar year 1999.
  172         (b) For the purposes of determining the base rate
  173  adjustment for any year, the base rate adjustment shall be a
  174  fraction, the numerator of which is the unadjusted annual
  175  producer price index for the prior calendar year and the
  176  denominator of which is the unadjusted annual producer price
  177  index for calendar year 1999.
  178         (c) The department shall provide the base rate, the base
  179  rate adjustment, and the resulting tax rate to affected
  180  producers by written notice on or before April 15 of the current
  181  year.
  182         (d) If the producer price index for phosphate rock is
  183  substantially revised, the department shall make appropriate
  184  adjustment in the method used to compute the base rate
  185  adjustment under this subsection which will produce results
  186  reasonably consistent with the result that would have been
  187  obtained if the producer price index for phosphate rock had not
  188  been revised. However, the tax rate shall not be less than $1.51
  189  per ton severed.
  190         (e) If the producer price index for phosphate rock is
  191  discontinued, a comparable index shall be selected by the
  192  department and adopted by rule.
  193         (4)(9) The excise tax levied on the severance of phosphate
  194  rock is shall be in addition to any ad valorem taxes levied upon
  195  the separately assessed mineral interest in the real property
  196  upon which the site of severance is located, or any other tax,
  197  permit, or license fee imposed by the state or its political
  198  subdivisions.
  199         (5)(10) The tax levied by this section shall be collected
  200  in the manner prescribed in s. 211.33.
  201         (11)(a) Beginning July 1, 2008, there is hereby levied a
  202  surcharge of $1.38 per ton severed in addition to the excise tax
  203  levied by this section. The surcharge shall be levied until the
  204  last day of the calendar quarter in which the total revenue
  205  generated by the surcharge equals $60 million. Revenues derived
  206  from the surcharge shall be deposited into the Nonmandatory Land
  207  Reclamation Trust Fund and shall be exempt from the general
  208  revenue service charge provided in s. 215.20. Revenues derived
  209  from the surcharge shall be used to augment funds appropriated
  210  for the rehabilitation, management, and closure of the Piney
  211  Point and Mulberry sites and for approved reclamation of
  212  nonmandatory lands in accordance with chapter 378. A minimum of
  213  75 percent of the revenues from the surcharge shall be dedicated
  214  to the Piney Point and Mulberry sites.
  215         (b) Beginning July 1, 2008, the excise tax rate shall be
  216  $1.945 per ton severed and the base rate adjustment provided in
  217  subsection (6) shall not apply.
  218         (c)1. Beginning July 1 of the 2010-2011 fiscal year, the
  219  tax rate shall be the base rate of $1.71 per ton severed.
  220         2. Beginning July 1 of the 2011-2012 fiscal year, the tax
  221  rate shall be the base rate of $1.61 per ton severed.
  222         3.  The base rate adjustment provided in subsection (6)
  223  shall not apply until the conditions of paragraph (d) are met.
  224         (d) Beginning July 1 of the fiscal year following the date
  225  on which a taxpayer’s surcharge offset equals or exceeds the
  226  total amount of surcharge remitted by such taxpayer under
  227  paragraph (a), and each year thereafter, the excise tax rate
  228  levied on such taxpayer shall be adjusted as provided in
  229  subsection (6). The surcharge offset for each taxpayer is an
  230  amount calculated by the department equal to the cumulative
  231  difference between the amount of excise tax that would have been
  232  collected under subsections (5) and (6) and the excise tax
  233  collected under subparagraphs (c)1. and 2. from such taxpayer.
  234         (e) Beginning July 1 of the 2010-2011 fiscal year, the
  235  proceeds of all taxes, interest, and penalties imposed under
  236  this section shall be exempt from the general revenue service
  237  charge provided in s. 215.20, and shall be paid into the State
  238  Treasury as follows:
  239         1. To the credit of the Conservation and Recreation Lands
  240  Trust Fund, 21.9 percent.
  241         2. To the credit of the General Revenue Fund of the state,
  242  37.1 percent.
  243         3. For payment to counties in proportion to the number of
  244  tons of phosphate rock produced from a phosphate rock matrix
  245  located within such political boundary, 12 percent. The
  246  department shall distribute this portion of the proceeds
  247  annually based on production information reported by the
  248  producers on the annual returns for the taxable year. Any such
  249  proceeds received by a county shall be used only for phosphate
  250  related expenses.
  251         4. For payment to counties that have been designated a
  252  rural area of critical economic concern pursuant to s. 288.0656
  253  in proportion to the number of tons of phosphate rock produced
  254  from a phosphate rock matrix located within such political
  255  boundary, 9.4 percent. The department shall distribute this
  256  portion of the proceeds annually based on production information
  257  reported by the producers on the annual returns for the taxable
  258  year. Payments under this subparagraph shall be made to the
  259  counties unless the Legislature by special act creates a local
  260  authority to promote and direct the economic development of the
  261  county. If such authority exists, payments shall be made to that
  262  authority.
  263         5. To the credit of the Nonmandatory Land Reclamation Trust
  264  Fund, 5.8 percent.
  265         6. To the credit of the Phosphate Research Trust Fund in
  266  the Division of Universities of the Department of Education, 5.8
  267  percent.
  268         7. To the credit of the Minerals Trust Fund, 8.0 percent.
  269         (6)(a)(f) Beginning July 1 of the 2011-2012 fiscal year,
  270  the proceeds of all taxes, interest, and penalties imposed under
  271  this section are exempt from the general revenue service charge
  272  provided in s. 215.20, and such proceeds shall be paid into the
  273  State Treasury as follows:
  274         1. To the credit of the Conservation and Recreation Lands
  275  Trust Fund, 25.5 percent.
  276         2. To the credit of the General Revenue Fund of the state,
  277  35.7 percent.
  278         3. For payment to counties in proportion to the number of
  279  tons of phosphate rock produced from a phosphate rock matrix
  280  located within such political boundary, 12.8 percent. The
  281  department shall distribute this portion of the proceeds
  282  annually based on production information reported by the
  283  producers on the annual returns for the taxable year. Any such
  284  proceeds received by a county shall be used only for phosphate
  285  related expenses.
  286         4. For payment to counties that have been designated as a
  287  rural area of critical economic concern pursuant to s. 288.0656
  288  in proportion to the number of tons of phosphate rock produced
  289  from a phosphate rock matrix located within such political
  290  boundary, 10.0 percent. The department shall distribute this
  291  portion of the proceeds annually based on production information
  292  reported by the producers on the annual returns for the taxable
  293  year. Payments under this subparagraph shall be made to the
  294  counties unless the Legislature by special act creates a local
  295  authority to promote and direct the economic development of the
  296  county. If such authority exists, payments shall be made to that
  297  authority.
  298         5. To the credit of the Nonmandatory Land Reclamation Trust
  299  Fund, 6.2 percent.
  300         6. To the credit of the Phosphate Research Trust Fund in
  301  the Division of Universities of the Department of Education, 6.2
  302  percent.
  303         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  304         (b) Notwithstanding paragraph (a), from January 1, 2015,
  305  until December 31, 2022, the proceeds of all taxes, interest,
  306  and penalties imposed under this section are exempt from the
  307  general revenue service charge provided in s. 215.20, and such
  308  proceeds shall be paid to the State Treasury as follows:
  309         1. To the credit of the Conservation and Recreation Lands
  310  Trust Fund, 22.8 percent.
  311         2. To the credit of the General Revenue Fund of the state,
  312  31.9 percent.
  313         3. For payment to counties pursuant to subparagraph (a)3.,
  314  11.5 percent.
  315         4. For payment to counties pursuant to subparagraph (a)4.,
  316  8.9 percent.
  317         5. To the credit of the Nonmandatory Land Reclamation Trust
  318  Fund, 16.1 percent.
  319         6. To the credit of the Phosphate Research Trust Fund in
  320  the Division of Universities of the Department of Education, 5.6
  321  percent.
  322         7. To the credit of the Minerals Trust Fund, 3.2 percent.
  323         (c)(g) For purposes of this section, “phosphate-related
  324  expenses” means those expenses that provide for infrastructure
  325  or services in support of the phosphate industry, reclamation or
  326  restoration of phosphate lands, community infrastructure on such
  327  reclaimed lands, and similar expenses directly related to
  328  support of the industry.
  329         Section 2. Subsection (6) of section 212.03, Florida
  330  Statutes, is amended to read:
  331         212.03 Transient rentals tax; rate, procedure, enforcement,
  332  exemptions.—
  333         (6)(a) It is the legislative intent that every person is
  334  engaging in a taxable privilege who leases or rents parking or
  335  storage spaces for motor vehicles in parking lots or garages,
  336  including storage facilities for towed vehicles, who leases or
  337  rents docking or storage spaces for boats in boat docks or
  338  marinas, or who leases or rents tie-down or storage space for
  339  aircraft at airports. For the exercise of this privilege, a tax
  340  is hereby levied at the rate of 6 percent on the total rental
  341  charged.
  342         (b) Charges for parking, docking, tie-down, or storage
  343  arising from a lawful impoundment are not taxable. As used in
  344  this paragraph, the term “lawful impoundment” means the storing
  345  of or having custody over an aircraft, boat, or motor vehicle
  346  by, or at the direction of, a local, state, or federal law
  347  enforcement agency which the owner or the owner’s representative
  348  is not authorized to enter upon, have access to, or remove
  349  without the consent of the law enforcement agency.
  350         Section 3. Effective upon this act becoming a law,
  351  subsections (1) and (3) of section 212.07, Florida Statutes, are
  352  amended to read:
  353         212.07 Sales, storage, use tax; tax added to purchase
  354  price; dealer not to absorb; liability of purchasers who cannot
  355  prove payment of the tax; penalties; general exemptions.—
  356         (1)(a) The privilege tax herein levied measured by retail
  357  sales shall be collected by the dealers from the purchaser or
  358  consumer.
  359         (b) A resale must be in strict compliance with s. 212.18
  360  and the rules and regulations, and any dealer who makes a sale
  361  for resale which is not in strict compliance with s. 212.18 and
  362  the rules and regulations is shall himself or herself be liable
  363  for and shall pay the tax. Any dealer who makes a sale for
  364  resale shall document the exempt nature of the transaction, as
  365  established by rules promulgated by the department, by retaining
  366  a copy of the purchaser’s resale certificate. In lieu of
  367  maintaining a copy of the certificate, a dealer may document,
  368  before prior to the time of sale, an authorization number
  369  provided telephonically or electronically by the department, or
  370  by such other means established by rule of the department. The
  371  dealer may rely on a resale certificate issued pursuant to s.
  372  212.18(3)(d) s. 212.18(3)(c), valid at the time of receipt from
  373  the purchaser, without seeking annual verification of the resale
  374  certificate if the dealer makes recurring sales to a purchaser
  375  in the normal course of business on a continual basis. As used
  376  in For purposes of this paragraph, the term “recurring sales to
  377  a purchaser in the normal course of business” refers to a sale
  378  in which the dealer extends credit to the purchaser and records
  379  the debt as an account receivable, or in which the dealer sells
  380  to a purchaser who has an established cash or C.O.D. account,
  381  similar to an open credit account. For purposes of this
  382  paragraph, purchases are made from a selling dealer on a
  383  continual basis if the selling dealer makes, in the normal
  384  course of business, sales to the purchaser at least no less
  385  frequently than once in every 12-month period. A dealer may,
  386  through the informal protest provided for in s. 213.21 and the
  387  rules of the Department of Revenue, provide the department with
  388  evidence of the exempt status of a sale. Consumer certificates
  389  of exemption executed by those exempt entities that were
  390  registered with the department at the time of sale, resale
  391  certificates provided by purchasers who were active dealers at
  392  the time of sale, and verification by the department of a
  393  purchaser’s active dealer status at the time of sale in lieu of
  394  a resale certificate shall be accepted by the department when
  395  submitted during the protest period, but may not be accepted in
  396  any proceeding under chapter 120 or any circuit court action
  397  instituted under chapter 72.
  398         (c) Unless the purchaser of tangible personal property that
  399  is incorporated into tangible personal property manufactured,
  400  produced, compounded, processed, or fabricated for one’s own use
  401  and subject to the tax imposed under s. 212.06(1)(b) or is
  402  purchased for export under s. 212.06(5)(a)1. extends a
  403  certificate in compliance with the rules of the department, the
  404  dealer is shall himself or herself be liable for and shall pay
  405  the tax.
  406         (3)(a)A Any dealer who fails, neglects, or refuses to
  407  collect the tax or fees imposed under this chapter herein
  408  provided, either by himself or herself or through the dealer’s
  409  agents or employees, is, in addition to the penalty of being
  410  liable for and paying the tax himself or herself, commits guilty
  411  of a misdemeanor of the first degree, punishable as provided in
  412  s. 775.082 or s. 775.083.
  413         (b)A dealer who willfully fails to collect a tax or fee
  414  after the department provides notice of the duty to collect the
  415  tax or fee is liable for a specific penalty of 100 percent of
  416  the uncollected tax or fee. This penalty is in addition to any
  417  other penalty that may be imposed by law. A dealer who willfully
  418  fails to collect taxes or fees totaling:
  419         1.Less than $300:
  420         a. For a first offense, commits a misdemeanor of the second
  421  degree, punishable as provided in s. 775.082 or s. 775.083.
  422         b. For a second offense, commits a misdemeanor of the first
  423  degree, punishable as provided in s. 775.082 or s. 775.083.
  424         c. For a third or subsequent offense, commits a felony of
  425  the third degree, punishable as provided in s. 775.082, s.
  426  775.083, or s. 775.084.
  427         2. An amount equal to $300 or more, but less than $20,000,
  428  commits a felony of the third degree, punishable as provided in
  429  s. 775.082, s. 775.083, or s. 775.084.
  430         3. An amount equal to $20,000 or more, but less than
  431  $100,000, commits a felony of the second degree, punishable as
  432  provided in s. 775.082, s. 775.083, or s. 775.084.
  433         4. An amount equal to $100,000 or more, commits a felony of
  434  the first degree, punishable as provided in s. 775.082, s.
  435  775.083, or s. 775.084.
  436         (c)The department shall give written notice of the duty to
  437  collect taxes or fees to the dealer by personal service, by
  438  sending notice to the dealer’s last known address by registered
  439  mail, or by both personal service and mail.
  440         Section 4. Paragraph (hhh) is added to subsection (7) of
  441  section 212.08, Florida Statutes, to read:
  442         212.08 Sales, rental, use, consumption, distribution, and
  443  storage tax; specified exemptions.—The sale at retail, the
  444  rental, the use, the consumption, the distribution, and the
  445  storage to be used or consumed in this state of the following
  446  are hereby specifically exempt from the tax imposed by this
  447  chapter.
  448         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  449  entity by this chapter do not inure to any transaction that is
  450  otherwise taxable under this chapter when payment is made by a
  451  representative or employee of the entity by any means,
  452  including, but not limited to, cash, check, or credit card, even
  453  when that representative or employee is subsequently reimbursed
  454  by the entity. In addition, exemptions provided to any entity by
  455  this subsection do not inure to any transaction that is
  456  otherwise taxable under this chapter unless the entity has
  457  obtained a sales tax exemption certificate from the department
  458  or the entity obtains or provides other documentation as
  459  required by the department. Eligible purchases or leases made
  460  with such a certificate must be in strict compliance with this
  461  subsection and departmental rules, and any person who makes an
  462  exempt purchase with a certificate that is not in strict
  463  compliance with this subsection and the rules is liable for and
  464  shall pay the tax. The department may adopt rules to administer
  465  this subsection.
  466         (hhh)Accessible taxicabs.—The sale or lease of accessible
  467  taxicabs is exempt from the tax imposed by this chapter. As used
  468  in this paragraph, the term “accessible taxicab” means a
  469  chauffeur-driven taxi, limousine, sedan, van, or other passenger
  470  vehicle for which an operator is hired for the transportation of
  471  persons for compensation; which transports eight passengers or
  472  fewer; is equipped with a lift or ramp designed specifically to
  473  transport physically disabled persons or contains any other
  474  device designed to permit access to, and enable the
  475  transportation of, physically disabled persons, including
  476  persons who use wheelchairs, motorized wheelchairs, or similar
  477  mobility aids; which complies with the accessibility
  478  requirements of the Americans with Disabilities Act of 1990, 49
  479  C.F.R. ss. 38.23, 38.25, and 38.31, as amended, regardless of
  480  whether such requirements would apply under federal law; and
  481  meets all applicable federal motor vehicle safety standards and
  482  regulations adopted thereunder. If the lift or ramp or any other
  483  device is installed through an aftermarket conversion of a stock
  484  vehicle, only the value of the conversion is exempt from the tax
  485  imposed by this chapter.
  486         Section 5. Effective upon this act becoming a law,
  487  paragraph (d) of subsection (2) of section 212.12, Florida
  488  Statutes, is amended to read:
  489         212.12 Dealer’s credit for collecting tax; penalties for
  490  noncompliance; powers of Department of Revenue in dealing with
  491  delinquents; brackets applicable to taxable transactions;
  492  records required.—
  493         (2)
  494         (d) A Any person who makes a false or fraudulent return
  495  with a willful intent to evade payment of any tax or fee imposed
  496  under this chapter is; any person who, after the department’s
  497  delivery of a written notice to the person’s last known address
  498  specifically alerting the person of the requirement to register
  499  the person’s business as a dealer, intentionally fails to
  500  register the business; and any person who, after the
  501  department’s delivery of a written notice to the person’s last
  502  known address specifically alerting the person of the
  503  requirement to collect tax on specific transactions,
  504  intentionally fails to collect such tax, shall, in addition to
  505  the other penalties provided by law, be liable for a specific
  506  penalty of 100 percent of any unreported or any uncollected tax
  507  or fee. This penalty is in addition to any other penalty
  508  provided by law. A person who makes a false or fraudulent return
  509  with a willful intent to evade payment of taxes or fees
  510  totaling:
  511         1.Less than $300:
  512         a. For a first offense, commits a misdemeanor of the second
  513  degree, punishable as provided in s. 775.082 or s. 775.083.
  514         b. For a second offense, commits a misdemeanor of the first
  515  degree, punishable as provided in s. 775.082 or s. 775.083.
  516         c. For a third or subsequent offense, commits a felony of
  517  the third degree, punishable as provided in s. 775.082, s.
  518  775.083, or s. 775.084.
  519         2.An amount equal to $300 or more, but less than $20,000,
  520  commits a felony of the third degree, punishable as provided in
  521  s. 775.082, s. 775.083, or s. 775.084.
  522         3. An amount equal to $20,000 or more, but less than
  523  $100,000, commits a felony of the second degree, punishable as
  524  provided in s. 775.082, s. 775.083, or s. 775.084.
  525         4.An amount equal to $100,000 or more, commits a felony of
  526  the first degree, punishable and, upon conviction, for fine and
  527  punishment as provided in s. 775.082, s. 775.083, or s. 775.084.
  528  Delivery of written notice may be made by certified mail, or by
  529  the use of such other method as is documented as being necessary
  530  and reasonable under the circumstances. The civil and criminal
  531  penalties imposed herein for failure to comply with a written
  532  notice alerting the person of the requirement to register the
  533  person’s business as a dealer or to collect tax on specific
  534  transactions shall not apply if the person timely files a
  535  written challenge to such notice in accordance with procedures
  536  established by the department by rule or the notice fails to
  537  clearly advise that failure to comply with or timely challenge
  538  the notice will result in the imposition of the civil and
  539  criminal penalties imposed herein.
  540         1.If the total amount of unreported or uncollected taxes
  541  or fees is less than $300, the first offense resulting in
  542  conviction is a misdemeanor of the second degree, the second
  543  offense resulting in conviction is a misdemeanor of the first
  544  degree, and the third and all subsequent offenses resulting in
  545  conviction is a misdemeanor of the first degree, and the third
  546  and all subsequent offenses resulting in conviction are felonies
  547  of the third degree.
  548         2.If the total amount of unreported or uncollected taxes
  549  or fees is $300 or more but less than $20,000, the offense is a
  550  felony of the third degree.
  551         3.If the total amount of unreported or uncollected taxes
  552  or fees is $20,000 or more but less than $100,000, the offense
  553  is a felony of the second degree.
  554         4.If the total amount of unreported or uncollected taxes
  555  or fees is $100,000 or more, the offense is a felony of the
  556  first degree.
  557         Section 6. Subsection (4) of section 212.14, Florida
  558  Statutes, is amended to read:
  559         212.14 Departmental powers; hearings; distress warrants;
  560  bonds; subpoenas and subpoenas duces tecum.—
  561         (4)(a)In all cases where it is necessary to ensure
  562  compliance with the provisions of this chapter, The department
  563  shall require a cash deposit, bond, or other security as a
  564  condition to a person obtaining or retaining a dealer’s
  565  certificate of registration under this chapter, if necessary, to
  566  ensure compliance with this chapter. The Such bond must shall be
  567  in the form and such amount as the department deems appropriate
  568  under the particular circumstances. A Every person who fails
  569  failing to produce such cash deposit, bond, or other security as
  570  required in this subsection may provided for herein shall not be
  571  entitled to obtain or retain a dealer’s certificate of
  572  registration under this chapter. If requested by the department,
  573  and the Department of Legal Affairs may is hereby authorized to
  574  proceed by injunction, when so requested by the Department of
  575  Revenue, to prevent the such person from doing business subject
  576  to the provisions of this chapter until the such cash deposit,
  577  bond, or other security is posted with the department. The, and
  578  any temporary injunction for this purpose may be granted by any
  579  judge or chancellor authorized by law to grant injunctions. The
  580  department may sell any security required to be deposited
  581  pursuant to this section may be sold by the department at public
  582  sale if it becomes necessary so to do in order to recover any
  583  tax, interest, or penalty due. Notice of the such sale may be
  584  served personally or by mail upon the person who deposited the
  585  such security. Notice If by mail is sufficient if the, notice is
  586  sent to the last known address of the person as shown the same
  587  appears on the records of the department shall be sufficient for
  588  the purpose of this requirement. Upon the such sale, the
  589  department shall return the surplus, if any, above the amount
  590  due under this chapter shall be returned to the person who
  591  deposited the security.
  592         (b) As used in this subsection, the term “person” has the
  593  same meaning as defined in s. 212.02(12) and also includes:
  594         1.An individual or entity owning a controlling interest in
  595  an entity;
  596         2.An individual or entity who has acquired an ownership
  597  interest or a controlling interest in a business that would be
  598  otherwise liable for posting a cash deposit, bond, or other
  599  security, unless the department has determined that the
  600  individual or entity is not liable for taxes, interest, or
  601  penalties under s. 213.758; or
  602         3.An individual or entity seeking to obtain a dealer’s
  603  certificate of registration for a business that will be operated
  604  at the same location as a previous business that otherwise would
  605  have been liable for posting a cash deposit, bond, or other
  606  security, and the individual or entity does not provide evidence
  607  that the business was acquired for consideration in an arms
  608  length transaction.
  609         (c) The department may adopt rules to administer this
  610  subsection.
  611         Section 7. Effective upon this act becoming a law,
  612  subsection (3) of section 212.18, Florida Statutes, is amended
  613  to read:
  614         212.18 Administration of law; registration of dealers;
  615  rules.—
  616         (3)(a) Every person desiring to engage in or conduct
  617  business in this state as a dealer, as defined in this chapter,
  618  or to lease, rent, or let or grant licenses in living quarters
  619  or sleeping or housekeeping accommodations in hotels, apartment
  620  houses, roominghouses, or tourist or trailer camps that are
  621  subject to tax under s. 212.03, or to lease, rent, or let or
  622  grant licenses in real property, as defined in this chapter, and
  623  every person who sells or receives anything of value by way of
  624  admissions, must file with the department an application for a
  625  certificate of registration for each place of business. The
  626  application must include, showing the names of the persons who
  627  have interests in the such business and their residences, the
  628  address of the business, and such other data reasonably required
  629  by as the department may reasonably require. However, owners and
  630  operators of vending machines or newspaper rack machines are
  631  required to obtain only one certificate of registration for each
  632  county in which the such machines are located. The department,
  633  by rule, may authorize by rule a dealer that uses independent
  634  sellers to sell its merchandise to remit tax on the retail sales
  635  price charged to the ultimate consumer in lieu of having the
  636  independent seller register as a dealer and remit the tax. The
  637  department may appoint the county tax collector as the
  638  department’s agent to accept applications for registrations. The
  639  application must be made to the department before the person,
  640  firm, copartnership, or corporation engages may engage in such
  641  business, and it must be accompanied by a registration fee of
  642  $5. However, a registration fee is not required to accompany an
  643  application to engage in or conduct business to make mail order
  644  sales. The department may waive the registration fee for
  645  applications submitted through the department’s Internet
  646  registration process.
  647         (b) The department, upon receipt of the such application,
  648  shall will grant to the applicant a separate certificate of
  649  registration for each place of business, which certificate may
  650  be canceled by the department or its designated assistants for
  651  any failure by the certificateholder to comply with any of the
  652  provisions of this chapter. The certificate is not assignable
  653  and is valid only for the person, firm, copartnership, or
  654  corporation to which the certificate is issued. The certificate
  655  must be displayed at all times placed in a conspicuous place in
  656  the business or businesses for which it is issued and must be
  657  displayed at all times. Except as provided in this subsection, a
  658  no person may not shall engage in the business of selling or
  659  leasing tangible personal property or services or as a dealer or
  660  in leasing, renting, or letting of or granting licenses in
  661  living quarters or sleeping or housekeeping accommodations in
  662  hotels, apartment houses, roominghouses, tourist or trailer
  663  camps, or real property, or in selling as hereinbefore defined,
  664  nor shall any person sell or receiving receive anything of value
  665  by way of admissions, without a valid first having obtained such
  666  a certificate. A or after such certificate has been canceled; no
  667  person may not shall receive a any license from any authority
  668  within the state to engage in any such business without a valid
  669  certificate first having obtained such a certificate or after
  670  such certificate has been canceled. The engaging in the business
  671  of selling or leasing tangible personal property or services or
  672  as a dealer, as defined in this chapter, or the engaging in
  673  leasing, renting, or letting of or granting licenses in living
  674  quarters or sleeping or housekeeping accommodations in hotels,
  675  apartment houses, roominghouses, or tourist or trailer camps
  676  that are taxable under this chapter, or real property, or the
  677  engaging in the business of selling or receiving anything of
  678  value by way of admissions, without such certificate first being
  679  obtained or after such certificate has been canceled by the
  680  department, is prohibited.
  681         (c)1. A The failure or refusal of any person who engages in
  682  acts requiring a certificate of registration under this
  683  subsection who fails or refuses to register, commits, firm,
  684  copartnership, or corporation to so qualify when required
  685  hereunder is a misdemeanor of the first degree, punishable as
  686  provided in s. 775.082 or s. 775.083. Such acts are, or subject
  687  to injunctive proceedings as provided by law. A person who
  688  engages in acts requiring a certificate of registration and who
  689  fails or refuses to register is also subject Such failure or
  690  refusal also subjects the offender to a $100 initial
  691  registration fee in lieu of the $5 registration fee required by
  692  authorized in paragraph (a). However, the department may waive
  693  the increase in the registration fee if it finds is determined
  694  by the department that the failure to register was due to
  695  reasonable cause and not to willful negligence, willful neglect,
  696  or fraud.
  697         2. A person who willfully fails to register as a dealer
  698  after the department provides notice of the duty to register
  699  commits a felony of the third degree, punishable as provided in
  700  s. 775.082, s. 775.083, or s. 775.084. The department shall give
  701  written notice of the duty to register to the person by personal
  702  service, by sending notice by registered mail to the person’s
  703  last known address, or by both personal service and mail.
  704         (d)(c) In addition to the certificate of registration, the
  705  department shall provide to each newly registered dealer an
  706  initial resale certificate that is will be valid for the
  707  remainder of the period of issuance. The department shall
  708  provide each active dealer with an annual resale certificate. As
  709  used in For purposes of this section, the term “active dealer”
  710  means a person who is currently registered with the department
  711  and who is required to file at least once during each applicable
  712  reporting period.
  713         (e)(d) The department may revoke a any dealer’s certificate
  714  of registration if when the dealer fails to comply with this
  715  chapter. Before the Prior to revocation of a dealer’s
  716  certificate of registration, the department must schedule an
  717  informal conference at which the dealer may present evidence
  718  regarding the department’s intended revocation or enter into a
  719  compliance agreement with the department. The department must
  720  notify the dealer of its intended action and the time, place,
  721  and date of the scheduled informal conference by written notice
  722  notification sent by United States mail to the dealer’s last
  723  known address of record furnished by the dealer on a form
  724  prescribed by the department. The dealer is required to attend
  725  the informal conference and present evidence refuting the
  726  department’s intended revocation or enter into a compliance
  727  agreement with the department which resolves the dealer’s
  728  failure to comply with this chapter. The department shall issue
  729  an administrative complaint under s. 120.60 if the dealer fails
  730  to attend the department’s informal conference, fails to enter
  731  into a compliance agreement with the department resolving the
  732  dealer’s noncompliance with this chapter, or fails to comply
  733  with the executed compliance agreement.
  734         (f)(e) As used in this paragraph, the term “exhibitor”
  735  means a person who enters into an agreement authorizing the
  736  display of tangible personal property or services at a
  737  convention or a trade show. The following provisions apply to
  738  the registration of exhibitors as dealers under this chapter:
  739         1. An exhibitor whose agreement prohibits the sale of
  740  tangible personal property or services subject to the tax
  741  imposed in this chapter is not required to register as a dealer.
  742         2. An exhibitor whose agreement provides for the sale at
  743  wholesale only of tangible personal property or services subject
  744  to the tax imposed in this chapter must obtain a resale
  745  certificate from the purchasing dealer but is not required to
  746  register as a dealer.
  747         3. An exhibitor whose agreement authorizes the retail sale
  748  of tangible personal property or services subject to the tax
  749  imposed in this chapter must register as a dealer and collect
  750  the tax imposed under this chapter on such sales.
  751         4. Any exhibitor who makes a mail order sale pursuant to s.
  752  212.0596 must register as a dealer.
  753  
  754  Any person who conducts a convention or a trade show must make
  755  his or her their exhibitor’s agreements available to the
  756  department for inspection and copying.
  757         Section 8. Effective upon this act becoming a law,
  758  subsection (5) of section 213.13, Florida Statutes, is amended
  759  to read:
  760         213.13 Electronic remittance and distribution of funds
  761  collected by clerks of the court.—
  762         (5) All court-related collections, including fees, fines,
  763  reimbursements, court costs, and other court-related funds that
  764  the clerks must remit to the state pursuant to law, must be
  765  transmitted electronically by the 10th 20th day of the month
  766  immediately following the month in which the funds are
  767  collected.
  768         Section 9. Effective upon this act becoming a law, section
  769  213.295, Florida Statutes, is created to read:
  770         213.295Automated sales suppression devices.—
  771         (1) As used in this section, the term:
  772         (a)“Automated sales suppression device” or “zapper” means
  773  a software program that falsifies the electronic records of
  774  electronic cash registers or other point-of-sale systems,
  775  including, but not limited to, transaction data and transaction
  776  reports. The term includes the software program, any device that
  777  carries the software program, or an Internet link to the
  778  software program.
  779         (b)“Electronic cash register” means a device that keeps a
  780  register or supporting documents through the use of an
  781  electronic device or computer system designed to record
  782  transaction data for the purpose of computing, compiling, or
  783  processing retail sales transaction data.
  784         (c)“Phantom-ware” means a hidden programming option
  785  embedded in the operating system of an electronic cash register
  786  or hardwired into the electronic cash register which can be used
  787  to create a second set of records or to eliminate or manipulate
  788  transaction records, which records may or may not be preserved
  789  in a digital format, in order to represent the true or
  790  manipulated record of a transaction in the electronic cash
  791  register.
  792         (d)“Transaction data” includes data identifying an item
  793  purchased by a customer; the price for an item; a taxability
  794  determination for an item; a segregated tax amount for each
  795  taxed item; the amount of cash or credit tendered; the net
  796  amount returned to the customer in change; the date and time of
  797  the purchase; the name, address, and identification number of
  798  the vendor; and the receipt or invoice number of the
  799  transaction.
  800         (e)“Transaction report” means:
  801         1. A report that contains, but is not limited to,
  802  documentation of the sales, taxes, or fees collected; media
  803  totals; and discount voids at an electronic cash register, and
  804  that is printed on a cash register tape at the end of a day or a
  805  shift; or
  806         2. A report that documents every action at an electronic
  807  cash register and that is stored electronically.
  808         (2)A person may not knowingly sell, purchase, install,
  809  transfer, possess, utilize, or access any automated sales
  810  suppression device, zapper, or phantom-ware.
  811         (3)(a)A person who violates this section commits a felony
  812  of the third degree, punishable as provided in s. 775.082, s.
  813  775.083, or s. 775.084.
  814         (b)A person who violates this section is liable for all
  815  taxes, fees, penalties, and interest due the state as a result
  816  of the use of an automated sales suppression device, zapper, or
  817  phantom-ware and shall forfeit to the state as an additional
  818  penalty all profits associated with the sale or use of an
  819  automated sales suppression device, zapper, or phantom-ware.
  820         (4)An automated sales suppression device, zapper, phantom
  821  ware, or any device containing such device or software is a
  822  contraband article under ss. 932.701-932.706, the Florida
  823  Contraband Forfeiture Act.
  824         Section 10. Paragraph (a) of subsection (2) of section
  825  213.756, Florida Statutes, is amended to read:
  826         213.756 Funds collected are state tax funds.—
  827         (2)(a) In any action by a purchaser against a retailer,
  828  dealer, or vendor to obtain a refund of or to otherwise recover
  829  taxes, fees, or surcharges collected by the retailer, dealer, or
  830  vendor from the purchaser:
  831         1. The purchaser in the action has the burden of proving
  832  all elements of its claim for a refund by clear and convincing
  833  evidence;
  834         2. The purchaser’s sole remedy in the action is damages
  835  measured by the difference between what the retailer, dealer, or
  836  vendor collected as a tax, fee, or surcharge and what the
  837  retailer, dealer, or vendor paid to the taxing authority, plus
  838  any discount or collection allowance authorized by law and taken
  839  by the retailer, dealer, or vendor; and
  840         3. It is an affirmative defense to the action if when the
  841  retailer, dealer, or vendor remitted the amount collected from
  842  the purchaser to the appropriate taxing authority, less any
  843  discount or collection allowance authorized by law; and.
  844         4. It is an absolute defense to any claim if the retailer,
  845  dealer, or vendor collected the amount pursuant to an agreement
  846  with the Department of Revenue and remitted the amount collected
  847  from the purchaser to the appropriate taxing authority, less any
  848  discount or collection allowance authorized by law.
  849         Section 11. Paragraph (b) of subsection (1) of section
  850  220.153, Florida Statutes, is amended to read:
  851         220.153 Apportionment by sales factor.—
  852         (1) DEFINITIONS.—As used in this section, the term:
  853         (b) “Qualified capital expenditures” means expenditures in
  854  this state for purposes substantially related to a business’s
  855  production or sale of goods or services. The expenditure must
  856  fund the acquisition of additional real property (land,
  857  buildings, including appurtenances, fixtures and fixed
  858  equipment, structures, etc.), including additions, replacements,
  859  major repairs, and renovations to real property which materially
  860  extend its useful life or materially improve or change its
  861  functional use and the furniture and equipment necessary to
  862  furnish and operate a new or improved facility. The term
  863  “qualified capital expenditures” does not include an expenditure
  864  for a passive investment or for an investment intended for the
  865  accumulation of reserves or the realization of profit for
  866  distribution to any person holding an ownership interest in the
  867  business. The term “qualified capital expenditures” does not
  868  include expenditures to acquire an existing business or
  869  expenditures in excess of $125 million to acquire land or
  870  buildings.
  871         Section 12. Subsection (4) of section 322.142, Florida
  872  Statutes, is amended to read:
  873         322.142 Color photographic or digital imaged licenses.—
  874         (4) The department may maintain a film negative or print
  875  file. The department shall maintain a record of the digital
  876  image and signature of the licensees, together with other data
  877  required by the department for identification and retrieval.
  878  Reproductions from the file or digital record are exempt from
  879  the provisions of s. 119.07(1) and shall be made and issued only
  880  for departmental administrative purposes; for the issuance of
  881  duplicate licenses; in response to law enforcement agency
  882  requests; to the Department of Business and Professional
  883  Regulation pursuant to an interagency agreement for the purpose
  884  of accessing digital images for reproduction of licenses issued
  885  by the Department of Business and Professional Regulation; to
  886  the Department of State pursuant to an interagency agreement to
  887  facilitate determinations of eligibility of voter registration
  888  applicants and registered voters in accordance with ss. 98.045
  889  and 98.075; to the Department of Revenue pursuant to an
  890  interagency agreement for use in establishing paternity and
  891  establishing, modifying, or enforcing support obligations in
  892  Title IV-D cases; to the Department of Revenue for use in
  893  establishing positive identification for tax administration
  894  purposes; to the Department of Children and Family Services
  895  pursuant to an interagency agreement to conduct protective
  896  investigations under part III of chapter 39 and chapter 415; to
  897  the Department of Children and Family Services pursuant to an
  898  interagency agreement specifying the number of employees in each
  899  of that department’s regions to be granted access to the records
  900  for use as verification of identity to expedite the
  901  determination of eligibility for public assistance and for use
  902  in public assistance fraud investigations; or to the Department
  903  of Financial Services pursuant to an interagency agreement to
  904  facilitate the location of owners of unclaimed property, the
  905  validation of unclaimed property claims, and the identification
  906  of fraudulent or false claims.
  907         Section 13. Subsection (5) of section 336.021, Florida
  908  Statutes, is amended to read:
  909         336.021 County transportation system; levy of ninth-cent
  910  fuel tax on motor fuel and diesel fuel.—
  911         (5) All impositions of the tax shall be levied before
  912  October July 1 of each year to be effective January 1 of the
  913  following year. However, levies of the tax which were in effect
  914  on July 1, 2002, and which expire on August 31 of any year may
  915  be reimposed at the current authorized rate to be effective
  916  September 1 of the year of expiration. All impositions shall be
  917  required to end on December 31 of a year. A decision to rescind
  918  the tax may shall not take effect on any date other than
  919  December 31 and requires shall require a minimum of 60 days’
  920  notice to the department of such decision.
  921         Section 14. Paragraphs (a) and (b) of subsection (1) and
  922  paragraph (a) of subsection (5) of section 336.025, Florida
  923  Statutes, are amended to read:
  924         336.025 County transportation system; levy of local option
  925  fuel tax on motor fuel and diesel fuel.—
  926         (1)(a) In addition to other taxes allowed by law, there may
  927  be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1
  928  cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
  929  fuel tax upon every gallon of motor fuel and diesel fuel sold in
  930  a county and taxed under the provisions of part I or part II of
  931  chapter 206.
  932         1. All impositions and rate changes of the tax shall be
  933  levied before October July 1 to be effective January 1 of the
  934  following year for a period not to exceed 30 years, and the
  935  applicable method of distribution shall be established pursuant
  936  to subsection (3) or subsection (4). However, levies of the tax
  937  which were in effect on July 1, 2002, and which expire on August
  938  31 of any year may be reimposed at the current authorized rate
  939  effective September 1 of the year of expiration. Upon
  940  expiration, the tax may be relevied if provided that a
  941  redetermination of the method of distribution is made as
  942  provided in this section.
  943         2. County and municipal governments shall use utilize
  944  moneys received pursuant to this paragraph only for
  945  transportation expenditures.
  946         3. Any tax levied pursuant to this paragraph may be
  947  extended on a majority vote of the governing body of the county.
  948  A redetermination of the method of distribution shall be
  949  established pursuant to subsection (3) or subsection (4), if,
  950  after July 1, 1986, the tax is extended or the tax rate changed,
  951  for the period of extension or for the additional tax.
  952         (b) In addition to other taxes allowed by law, there may be
  953  levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent,
  954  4-cent, or 5-cent local option fuel tax upon every gallon of
  955  motor fuel sold in a county and taxed under the provisions of
  956  part I of chapter 206. The tax shall be levied by an ordinance
  957  adopted by a majority plus one vote of the membership of the
  958  governing body of the county or by referendum.
  959         1. All impositions and rate changes of the tax shall be
  960  levied before October July 1, to be effective January 1 of the
  961  following year. However, levies of the tax which were in effect
  962  on July 1, 2002, and which expire on August 31 of any year may
  963  be reimposed at the current authorized rate effective September
  964  1 of the year of expiration.
  965         2. The county may, prior to levy of the tax, establish by
  966  interlocal agreement with one or more municipalities located
  967  therein, representing a majority of the population of the
  968  incorporated area within the county, a distribution formula for
  969  dividing the entire proceeds of the tax among county government
  970  and all eligible municipalities within the county. If no
  971  interlocal agreement is adopted before the effective date of the
  972  tax, tax revenues shall be distributed pursuant to the
  973  provisions of subsection (4). If no interlocal agreement exists,
  974  a new interlocal agreement may be established before prior to
  975  June 1 of any year pursuant to this subparagraph. However, any
  976  interlocal agreement agreed to under this subparagraph after the
  977  initial levy of the tax or change in the tax rate authorized in
  978  this section may not shall under no circumstances materially or
  979  adversely affect the rights of holders of outstanding bonds that
  980  which are backed by taxes authorized by this paragraph, and the
  981  amounts distributed to the county government and each
  982  municipality may shall not be reduced below the amount necessary
  983  for the payment of principal and interest and reserves for
  984  principal and interest as required under the covenants of any
  985  bond resolution outstanding on the date of establishment of the
  986  new interlocal agreement.
  987         3. County and municipal governments shall use moneys
  988  received pursuant to this paragraph for transportation
  989  expenditures needed to meet the requirements of the capital
  990  improvements element of an adopted comprehensive plan or for
  991  expenditures needed to meet immediate local transportation
  992  problems and for other transportation-related expenditures that
  993  are critical for building comprehensive roadway networks by
  994  local governments. For purposes of this paragraph, expenditures
  995  for the construction of new roads, the reconstruction or
  996  resurfacing of existing paved roads, or the paving of existing
  997  graded roads shall be deemed to increase capacity and such
  998  projects shall be included in the capital improvements element
  999  of an adopted comprehensive plan. Expenditures for purposes of
 1000  this paragraph may shall not include routine maintenance of
 1001  roads.
 1002         (5)(a) By July 1 of each year, the county shall notify the
 1003  Department of Revenue of the rate of the taxes levied pursuant
 1004  to paragraphs (1)(a) and (b), and of its decision to rescind or
 1005  change the rate of a tax, if applicable, and shall provide the
 1006  department with a certified copy of the interlocal agreement
 1007  established under subparagraph (1)(b)2. or subparagraph (3)(a)1.
 1008  with distribution proportions established by such agreement or
 1009  pursuant to subsection (4), if applicable. A decision to rescind
 1010  a tax may shall not take effect on any date other than December
 1011  31 and requires shall require a minimum of 60 days’ notice to
 1012  the Department of Revenue of such decision.
 1013         Section 15. Effective upon this act becoming a law,
 1014  paragraph (h) of subsection (3) of section 443.131, Florida
 1015  Statutes, is amended to read:
 1016         443.131 Contributions.—
 1017         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
 1018  EXPERIENCE.—
 1019         (h) Additional conditions for variation from the standard
 1020  rate.—An employer’s contribution rate may not be reduced below
 1021  the standard rate under this section unless:
 1022         1. All contributions, reimbursements, interest, and
 1023  penalties incurred by the employer for wages paid by him or her
 1024  in all previous calendar quarters, except the 4 calendar
 1025  quarters immediately preceding the calendar quarter or calendar
 1026  year for which the benefit ratio is computed, are paid; and
 1027         2.The employer has produced for inspection and copying all
 1028  work records in his or her possession, custody, or control which
 1029  were requested by the Department of Economic Opportunity or its
 1030  tax collection service provider pursuant to s. 443.171(5); and
 1031         3.2. The employer has entitled to a rate reduction must
 1032  have at least one annual payroll as defined in subparagraph
 1033  (b)1. unless the employer is eligible for additional credit
 1034  under the Federal Unemployment Tax Act. If the Federal
 1035  Unemployment Tax Act is amended or repealed in a manner
 1036  affecting credit under the federal act, this section applies
 1037  only to the extent that additional credit is allowed against the
 1038  payment of the tax imposed by the Federal Unemployment Tax Act.
 1039  
 1040  The tax collection service provider shall assign an earned
 1041  contribution rate to an employer under subparagraph 1. the
 1042  quarter immediately after the quarter in which all
 1043  contributions, reimbursements, interest, and penalties are paid
 1044  in full and all work records requested pursuant to s. 443.171(5)
 1045  have been produced for inspection and copying to the Department
 1046  of Economic Opportunity or the tax collection service provider.
 1047         Section 16. Effective January 1, 2013, and applicable to
 1048  contributions or reimbursements made on or after that date,
 1049  paragraph (a) of subsection (1) of section 443.141, Florida
 1050  Statutes, is amended to read:
 1051         443.141 Collection of contributions and reimbursements.—
 1052         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 1053  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 1054         (a) Interest.—Contributions or reimbursements unpaid on the
 1055  date due bear interest at the rate calculated pursuant to s.
 1056  213.235. However, the rate may not exceed of 1 percent per
 1057  month. Interest shall accrue from and after that date until
 1058  payment plus accrued interest is received by the tax collection
 1059  service provider, unless the service provider finds that the
 1060  employing unit has good reason for failing to pay the
 1061  contributions or reimbursements when due. Interest collected
 1062  under this subsection must be paid into the Special Employment
 1063  Security Administration Trust Fund.
 1064         Section 17. Except as otherwise expressly provided in this
 1065  act and except for this section, which shall take effect upon
 1066  this act becoming a law, this act shall take effect July 1,
 1067  2012.