Florida Senate - 2013                             CS for SB 1828
       
       
       
       By the Committees on Appropriations; and Appropriations
       
       
       
       
       576-04677-13                                          20131828c1
    1                        A bill to be entitled                      
    2         An act relating to tax administration; amending s.
    3         125.0104, F.S.; providing an additional use for
    4         tourist development tax revenues for certain coastal
    5         counties; authorizing counties to require certain
    6         information for tax returns filed with county
    7         governments; amending s. amending s. 198.13, F.S.;
    8         deleting a requirement for filing a tax return for a
    9         decedent who dies after a certain date; amending s.
   10         211.3103, F.S.; expanding the definition of
   11         “phosphate-related expenses” for the purpose of
   12         distributing certain tax proceeds; amending s. 212.03,
   13         F.S.; providing that charges for the storage of towed
   14         vehicles that are impounded by a local, state, or
   15         federal law enforcement agency are not taxable;
   16         amending s. 212.0305, F.S.; authorizing counties to
   17         require certain information for tax returns filed with
   18         county governments; amending s. 212.07, F.S.;
   19         conforming a cross-reference to changes made by the
   20         act; providing monetary and criminal penalties for a
   21         dealer’s willful failure to collect certain taxes or
   22         fees after receiving notice of such duty to collect
   23         from the Department of Revenue; amending s. 212.12,
   24         F.S.; deleting provisions relating to the imposition
   25         of criminal penalties after department notice of
   26         requirements to register as a dealer or to collect
   27         taxes; making technical and grammatical changes to
   28         provisions specifying penalties for making a false or
   29         fraudulent return with the intent to evade payment of
   30         a tax or fee; amending s. 212.14, F.S.; modifying the
   31         definition of the term “person”; authorizing the
   32         department to adopt rules relating to requirements for
   33         a person to deposit cash, a bond, or other security
   34         with the department in order to ensure compliance with
   35         sales tax laws; making technical and grammatical
   36         changes; amending s. 212.18, F.S.; providing criminal
   37         penalties for a person who willfully fails to register
   38         as a dealer after receiving notice of such duty by the
   39         department; making technical and grammatical changes;
   40         reenacting s. 212.20, F.S., relating to the
   41         disposition of funds collected; amending s. 213.13,
   42         F.S.; revising the due date for transmitting funds
   43         collected by the clerks of court to the department;
   44         amending s. 213.21, F.S.; increasing dollar threshold
   45         of compromise authority that can be delegated to the
   46         executive director; creating s. 213.295, F.S.,
   47         relating to automated sales suppression devices;
   48         providing definitions; subjecting a person to criminal
   49         penalties and monetary penalties for knowingly selling
   50         or engaging in certain other actions involving a
   51         zapper or phantom-ware; providing that sales
   52         suppression devices and phantom-ware are contraband
   53         articles under the Florida Contraband Forfeiture Act;
   54         amending s. 443.131, F.S.; imposing a requirement on
   55         employers to produce records for the Department of
   56         Economic Opportunity or its tax collection service
   57         provider as a prerequisite for a reduction in the rate
   58         of reemployment tax; amending s. 443.141, F.S.;
   59         providing a method to calculate the interest rate for
   60         past due contributions and reimbursements, and
   61         delinquent, erroneous, incomplete, or insufficient
   62         reports; providing effective dates.
   63  
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Present paragraphs (c) and (d) of subsection (5)
   67  of section 125.0104, Florida Statutes, are redesignated as
   68  paragraphs (d) and (e), respectively, and amended and a new
   69  paragraph (c) is added to that subsection, and paragraph (a) of
   70  subsection (10) of that section is amended to read:
   71         125.0104 Tourist development tax; procedure for levying;
   72  authorized uses; referendum; enforcement.—
   73         (5) AUTHORIZED USES OF REVENUE.—
   74         (c) Tax revenues received pursuant to this section by a
   75  coastal county that has a population of less than 225,000,
   76  excluding the inmate population, and at least nine
   77  municipalities may also be used by that county to fund beach
   78  safety personnel and lifeguard operational activities in areas
   79  where there is public access. All population figures relating to
   80  this paragraph must be based on the most recent population
   81  estimates prepared pursuant to s. 186.901. These population
   82  estimates must be those in effect on April 1 of each year.
   83         (d)(c) The revenues to be derived from the tourist
   84  development tax may be pledged to secure and liquidate revenue
   85  bonds issued by the county for the purposes set forth in
   86  subparagraphs (a)1. and 4. or for the purpose of refunding bonds
   87  previously issued for such purposes, or both; however, no more
   88  than 50 percent of the revenues from the tourist development tax
   89  may be pledged to secure and liquidate revenue bonds or revenue
   90  refunding bonds issued for the purposes set forth in
   91  subparagraph (a)4. Such revenue bonds and revenue refunding
   92  bonds may be authorized and issued in such principal amounts,
   93  with such interest rates and maturity dates, and subject to such
   94  other terms, conditions, and covenants as the governing board of
   95  the county shall provide. The Legislature intends that this
   96  paragraph shall be the full and complete authority for
   97  accomplishing such purposes, but such authority shall be
   98  supplemental and additional to, and not in derogation of, any
   99  powers now existing or later conferred under law.
  100         (e)(d) Any use of the local option tourist development tax
  101  revenues collected pursuant to this section for a purpose not
  102  expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
  103  paragraph (a), paragraph (b), or paragraph (c), or paragraph (d)
  104  of this subsection is expressly prohibited.
  105         (10) LOCAL ADMINISTRATION OF TAX.—
  106         (a) A county levying a tax under this section or s.
  107  125.0108 may be exempted from the requirements of the respective
  108  section that:
  109         1. The tax collected be remitted to the Department of
  110  Revenue before being returned to the county; and
  111         2. The tax be administered according to chapter 212,
  112  
  113  if the county adopts an ordinance providing for the local
  114  collection and administration of the tax. The county may require
  115  that a return required to be filed with the county include, for
  116  each rental property, the names of the owners; the address of
  117  the property, including the unit number; the number of days
  118  rented; the taxable rent; and the amount of tax payable.
  119         Section 2. Operating retroactively to January 1, 2013,
  120  subsection (4) of section 198.13, Florida Statutes, is amended
  121  to read:
  122         198.13 Tax return to be made in certain cases; certificate
  123  of nonliability.—
  124         (4) Notwithstanding any other provisions of this section
  125  and applicable to the estate of a decedent who dies after
  126  December 31, 2004, if, upon the death of the decedent, a state
  127  death tax credit or a generation-skipping transfer credit is not
  128  allowable pursuant to the Internal Revenue Code of 1986, as
  129  amended:
  130         (a) The personal representative of the estate is not
  131  required to file a return under subsection (1) in connection
  132  with the estate.
  133         (b) The person who would otherwise be required to file a
  134  return reporting a generation-skipping transfer under subsection
  135  (3) is not required to file such a return in connection with the
  136  estate.
  137  
  138  The provisions of this subsection do not apply to estates of
  139  decedents dying after December 31, 2012.
  140         Section 3. Paragraph (c) of subsection (6) of section
  141  211.3103, Florida Statutes, is amended to read:
  142         211.3103 Levy of tax on severance of phosphate rock; rate,
  143  basis, and distribution of tax.—
  144         (6)
  145         (c) As used in For purposes of this subsection section, the
  146  term “phosphate-related expenses” means those expenses that
  147  provide for infrastructure or services in support of the
  148  phosphate industry, including environmental education,
  149  reclamation or restoration of phosphate lands, maintenance and
  150  restoration of reclaimed lands and county-owned environmental
  151  lands that were formerly phosphate lands, and community
  152  infrastructure on such reclaimed lands and county-owned
  153  environmental lands that were formerly phosphate lands, and
  154  similar expenses directly related to support of the industry.
  155         Section 4. Subsection (6) of section 212.03, Florida
  156  Statutes, is amended to read:
  157         212.03 Transient rentals tax; rate, procedure, enforcement,
  158  exemptions.—
  159         (6) It is the legislative intent that every person is
  160  engaging in a taxable privilege who leases or rents parking or
  161  storage spaces for motor vehicles in parking lots or garages,
  162  including storage facilities for towed vehicles; who leases or
  163  rents docking or storage spaces for boats in boat docks or
  164  marinas;, or who leases or rents tie-down or storage space for
  165  aircraft at airports is engaging in a taxable privilege.
  166         (a) For the exercise of this privilege, a tax is hereby
  167  levied at the rate of 6 percent on the total rental charged.
  168         (b) Charges for parking, docking, tie-down, or storage
  169  arising from a lawful impoundment are not taxable. As used in
  170  this paragraph, the term “lawful impoundment” means the storing
  171  of or having custody over an aircraft, boat, or motor vehicle by
  172  or at the direction of a local, state, or federal law
  173  enforcement agency which the owner or the owner’s representative
  174  is not authorized to enter upon, have access to, or remove
  175  without the consent of the law enforcement agency.
  176         Section 5. Paragraph (a) of subsection (5) of section
  177  212.0305, Florida Statutes, is amended to read:
  178         212.0305 Convention development taxes; intent;
  179  administration; authorization; use of proceeds.—
  180         (5) LOCAL ADMINISTRATION OF TAX.—
  181  (a) A county levying a tax under the provisions of this section
  182  may be exempt from the requirements of this section that the tax
  183  collected be remitted to the Department of Revenue before being
  184  returned to the county and that such tax be administered
  185  according to the provisions of this chapter, if the county
  186  adopts an ordinance providing for the collection and
  187  administration of the tax on a local basis. The county may
  188  require that a return required to be filed with the county
  189  include, for each rental property, the names of the owners; the
  190  address of the property, including the unit number; the number
  191  of days rented; the taxable rent; and the amount of tax payable.
  192         Section 6. Paragraph (b) of subsection (1) and subsection
  193  (3) of section 212.07, Florida Statutes, are amended to read:
  194         212.07 Sales, storage, use tax; tax added to purchase
  195  price; dealer not to absorb; liability of purchasers who cannot
  196  prove payment of the tax; penalties; general exemptions.—
  197         (1)
  198         (b) A resale must be in strict compliance with s. 212.18
  199  and the rules and regulations, and any dealer who makes a sale
  200  for resale which is not in strict compliance with s. 212.18 and
  201  the rules and regulations shall himself or herself be liable for
  202  and pay the tax. Any dealer who makes a sale for resale shall
  203  document the exempt nature of the transaction, as established by
  204  rules adopted promulgated by the department, by retaining a copy
  205  of the purchaser’s resale certificate. In lieu of maintaining a
  206  copy of the certificate, a dealer may document, before prior to
  207  the time of sale, an authorization number provided
  208  telephonically or electronically by the department, or by such
  209  other means established by rule of the department. The dealer
  210  may rely on a resale certificate issued pursuant to s.
  211  212.18(3)(d) 212.18(3)(c), valid at the time of receipt from the
  212  purchaser, without seeking annual verification of the resale
  213  certificate if the dealer makes recurring sales to a purchaser
  214  in the normal course of business on a continual basis. For
  215  purposes of this paragraph, “recurring sales to a purchaser in
  216  the normal course of business” refers to a sale in which the
  217  dealer extends credit to the purchaser and records the debt as
  218  an account receivable, or in which the dealer sells to a
  219  purchaser who has an established cash or C.O.D. account, similar
  220  to an open credit account. For purposes of this paragraph,
  221  purchases are made from a selling dealer on a continual basis if
  222  the selling dealer makes, in the normal course of business,
  223  sales to the purchaser no less frequently than once in every 12
  224  month period. A dealer may, through the informal protest
  225  provided for in s. 213.21 and the rules of the department of
  226  Revenue, provide the department with evidence of the exempt
  227  status of a sale. Consumer certificates of exemption executed by
  228  those exempt entities that were registered with the department
  229  at the time of sale, resale certificates provided by purchasers
  230  who were active dealers at the time of sale, and verification by
  231  the department of a purchaser’s active dealer status at the time
  232  of sale in lieu of a resale certificate shall be accepted by the
  233  department when submitted during the protest period, but may not
  234  be accepted in any proceeding under chapter 120 or any circuit
  235  court action instituted under chapter 72.
  236         (3)(a)A Any dealer who fails, neglects, or refuses to
  237  collect the tax or fees imposed under this chapter herein
  238  provided, either by himself or herself or through the dealer’s
  239  agents or employees, is, in addition to the penalty of being
  240  liable for and paying the tax himself or herself, commits guilty
  241  of a misdemeanor of the first degree, punishable as provided in
  242  s. 775.082 or s. 775.083.
  243         (b)A dealer who willfully fails to collect a tax or fee
  244  after the department provides notice of the duty to collect the
  245  tax or fee is liable for a specific penalty of 100 percent of
  246  the uncollected tax or fee. This penalty is in addition to any
  247  other penalty that may be imposed by law. A dealer who willfully
  248  fails to collect taxes or fees totaling:
  249         1.Less than $300:
  250         a.For a first offense, commits a misdemeanor of the second
  251  degree, punishable as provided in s. 775.082 or s. 775.083.
  252         b.For a second offense, commits a misdemeanor of the first
  253  degree, punishable as provided in s. 775.082 or s. 775.083.
  254         c.For a third or subsequent offense, commits a felony of
  255  the third degree, punishable as provided in s. 775.082, s.
  256  775.083, or s. 775.084.
  257         2.An amount equal to $300 or more, but less than $20,000,
  258  commits a felony of the third degree, punishable as provided in
  259  s. 775.082, s. 775.083, or s. 775.084.
  260         3.An amount equal to $20,000 or more, but less than
  261  $100,000, commits a felony of the second degree, punishable as
  262  provided in s. 775.082, s. 775.083, or s. 775.084.
  263         4.An amount equal to $100,000 or more, commits a felony of
  264  the first degree, punishable as provided in s. 775.082, s.
  265  775.083, or s. 775.084.
  266         (c)The department shall give written notice of the duty to
  267  collect taxes or fees to the dealer by personal service, by
  268  sending notice to the dealer’s last known address by registered
  269  mail, or by both personal service and registered mail.
  270         Section 7. Paragraph (d) of subsection (2) of section
  271  212.12, Florida Statutes, is amended to read:
  272         212.12 Dealer’s credit for collecting tax; penalties for
  273  noncompliance; powers of Department of Revenue in dealing with
  274  delinquents; brackets applicable to taxable transactions;
  275  records required.—
  276         (2)
  277         (d) A Any person who makes a false or fraudulent return and
  278  who has with a willful intent to evade payment of any tax or fee
  279  imposed under this chapter is; any person who, after the
  280  department’s delivery of a written notice to the person’s last
  281  known address specifically alerting the person of the
  282  requirement to register the person’s business as a dealer,
  283  intentionally fails to register the business; and any person
  284  who, after the department’s delivery of a written notice to the
  285  person’s last known address specifically alerting the person of
  286  the requirement to collect tax on specific transactions,
  287  intentionally fails to collect such tax, shall, in addition to
  288  the other penalties provided by law, be liable for a specific
  289  penalty of 100 percent of any unreported or any uncollected tax
  290  or fee. This penalty is in addition to any other penalty
  291  provided by law. A person who makes a false or fraudulent return
  292  with a willful intent to evade payment of taxes or fees
  293  totaling:
  294         1. Less than $300:
  295         a. For a first offense, commits a misdemeanor of the second
  296  degree, punishable as provided in s. 775.082 or s. 775.083.
  297         b. For a second offense, commits a misdemeanor of the first
  298  degree, punishable as provided in s. 775.082 or s. 775.083.
  299         c. For a third or subsequent offense, commits a felony of
  300  the third degree, punishable as provided in s. 775.082, s.
  301  775.083, or s. 775.084.
  302         2. An amount equal to $300 or more, but less than $20,000,
  303  commits a felony of the third degree, punishable as provided in
  304  s. 775.082, s. 775.083, or s. 775.084.
  305         3. An amount equal to $20,000 or more, but less than
  306  $100,000, commits a felony of the second degree, punishable as
  307  provided in s. 775.082, s. 775.083, or s. 775.084.
  308         4. An amount equal to $100,000 or more, commits a felony of
  309  the first degree, punishable and, upon conviction, for fine and
  310  punishment as provided in s. 775.082, s. 775.083, or s. 775.084.
  311  Delivery of written notice may be made by certified mail, or by
  312  the use of such other method as is documented as being necessary
  313  and reasonable under the circumstances. The civil and criminal
  314  penalties imposed herein for failure to comply with a written
  315  notice alerting the person of the requirement to register the
  316  person’s business as a dealer or to collect tax on specific
  317  transactions shall not apply if the person timely files a
  318  written challenge to such notice in accordance with procedures
  319  established by the department by rule or the notice fails to
  320  clearly advise that failure to comply with or timely challenge
  321  the notice will result in the imposition of the civil and
  322  criminal penalties imposed herein.
  323         1. If the total amount of unreported or uncollected taxes
  324  or fees is less than $300, the first offense resulting in
  325  conviction is a misdemeanor of the second degree, the second
  326  offense resulting in conviction is a misdemeanor of the first
  327  degree, and the third and all subsequent offenses resulting in
  328  conviction is a misdemeanor of the first degree, and the third
  329  and all subsequent offenses resulting in conviction are felonies
  330  of the third degree.
  331         2. If the total amount of unreported or uncollected taxes
  332  or fees is $300 or more but less than $20,000, the offense is a
  333  felony of the third degree.
  334         3. If the total amount of unreported or uncollected taxes
  335  or fees is $20,000 or more but less than $100,000, the offense
  336  is a felony of the second degree.
  337         4. If the total amount of unreported or uncollected taxes
  338  or fees is $100,000 or more, the offense is a felony of the
  339  first degree.
  340         Section 8. Effective July 1, 2013, subsection (4) of
  341  section 212.14, Florida Statutes, is amended to read:
  342         212.14 Departmental powers; hearings; distress warrants;
  343  bonds; subpoenas and subpoenas duces tecum.—
  344         (4)  In all cases where it is necessary to ensure
  345  compliance with the provisions of this chapter, the department
  346  shall require a cash deposit, bond, or other security as a
  347  condition to a person obtaining or retaining a dealer’s
  348  certificate of registration under this chapter. Such bond must
  349  shall be in the form and such amount as the department deems
  350  appropriate under the particular circumstances. A Every person
  351  failing to produce such cash deposit, bond, or other security is
  352  as provided for herein shall not be entitled to obtain or retain
  353  a dealer’s certificate of registration under this chapter, and
  354  the Department of Legal Affairs is hereby authorized to proceed
  355  by injunction, if when so requested by the Department of
  356  Revenue, to prevent such person from doing business subject to
  357  the provisions of this chapter until such cash deposit, bond, or
  358  other security is posted with the department, and any temporary
  359  injunction for this purpose may be granted by any judge or
  360  chancellor authorized by law to grant injunctions. Any security
  361  required to be deposited may be sold by the department at public
  362  sale if it becomes necessary so to do in order to recover any
  363  tax, interest, or penalty due. Notice of such sale may be served
  364  personally or by mail upon the person who deposited the such
  365  security. If by mail, notice sent to the last known address as
  366  it the same appears on the records of the department is shall be
  367  sufficient for the purpose of this requirement. Upon such sale,
  368  the surplus, if any, above the amount due under this chapter
  369  shall be returned to the person who deposited the security. The
  370  department may adopt rules necessary to administer this
  371  subsection. For the purpose of the cash deposit, bond, or other
  372  security required by this subsection, the term “person” includes
  373  those entities defined in s. 212.02(12), as well as:
  374         (a)An individual or entity owning a controlling interest
  375  in an entity;
  376         (b)An individual or entity that has acquired an ownership
  377  interest or a controlling interest in a business that would
  378  otherwise be liable for posting a cash deposit, bond, or other
  379  security, unless the department has determined that the
  380  individual or entity is not liable for taxes, interest, or
  381  penalties as set forth in s. 213.758; or
  382         (c)An individual or entity seeking to obtain a dealer’s
  383  certificate of registration for a business that will be operated
  384  at the same location as a previous business that would otherwise
  385  have been liable for posting a cash deposit, bond, or other
  386  security, if the individual or entity fails to provide evidence
  387  that the business was acquired for consideration in an arms
  388  length transaction.
  389         Section 9. Subsection (3) of section 212.18, Florida
  390  Statutes, is amended to read:
  391         212.18 Administration of law; registration of dealers;
  392  rules.—
  393         (3)(a) A Every person desiring to engage in or conduct
  394  business in this state as a dealer, as defined in this chapter,
  395  or to lease, rent, or let or grant licenses in living quarters
  396  or sleeping or housekeeping accommodations in hotels, apartment
  397  houses, roominghouses, or tourist or trailer camps that are
  398  subject to tax under s. 212.03, or to lease, rent, or let or
  399  grant licenses in real property, as defined in this chapter, and
  400  every person who sells or receives anything of value by way of
  401  admissions, must file with the department an application for a
  402  certificate of registration for each place of business. The
  403  application must include, showing the names of the persons who
  404  have interests in such business and their residences, the
  405  address of the business, and such other data reasonably required
  406  by as the department may reasonably require. However, owners and
  407  operators of vending machines or newspaper rack machines are
  408  required to obtain only one certificate of registration for each
  409  county in which such machines are located. The department, by
  410  rule, may authorize a dealer that uses independent sellers to
  411  sell its merchandise to remit tax on the retail sales price
  412  charged to the ultimate consumer in lieu of having the
  413  independent seller register as a dealer and remit the tax. The
  414  department may appoint the county tax collector as the
  415  department’s agent to accept applications for registrations. The
  416  application must be submitted made to the department before the
  417  person, firm, copartnership, or corporation may engage in such
  418  business, and it must be accompanied by a registration fee of
  419  $5. However, a registration fee is not required to accompany an
  420  application to engage in or conduct business to make mail order
  421  sales. The department may waive the registration fee for
  422  applications submitted through the department’s Internet
  423  registration process.
  424         (b) The department, upon receipt of such application, shall
  425  will grant to the applicant a separate certificate of
  426  registration for each place of business, which certificate may
  427  be canceled by the department or its designated assistants for
  428  any failure by the certificateholder to comply with any of the
  429  provisions of this chapter. The certificate is not assignable
  430  and is valid only for the person, firm, copartnership, or
  431  corporation to which issued. The certificate must be placed in a
  432  conspicuous place in the business or businesses for which it is
  433  issued and must be displayed at all times. Except as provided in
  434  this subsection, a no person may not shall engage in business as
  435  a dealer or in leasing, renting, or letting of or granting
  436  licenses in living quarters or sleeping or housekeeping
  437  accommodations in hotels, apartment houses, roominghouses,
  438  tourist or trailer camps, or real property, or as hereinbefore
  439  defined, nor shall any person sell or receive anything of value
  440  by way of admissions, without a valid first having obtained such
  441  a certificate. A or after such certificate has been canceled; no
  442  person may not shall receive a any license from any authority
  443  within the state to engage in any such business without a valid
  444  certificate first having obtained such a certificate or after
  445  such certificate has been canceled. A person may not engage The
  446  engaging in the business of selling or leasing tangible personal
  447  property or services or as a dealer; engage, as defined in this
  448  chapter, or the engaging in leasing, renting, or letting of or
  449  granting licenses in living quarters or sleeping or housekeeping
  450  accommodations in hotels, apartment houses, roominghouses, or
  451  tourist or trailer camps that are taxable under this chapter, or
  452  real property;, or engage the engaging in the business of
  453  selling or receiving anything of value by way of admissions,
  454  without a valid such certificate first being obtained or after
  455  such certificate has been canceled by the department, is
  456  prohibited.
  457         (c)1.A The failure or refusal of any person who engages in
  458  acts requiring a certificate of registration under this
  459  subsection who fails or refuses to register commits, firm,
  460  copartnership, or corporation to so qualify when required
  461  hereunder is a misdemeanor of the first degree, punishable as
  462  provided in s. 775.082 or s. 775.083. Such acts are, or subject
  463  to injunctive proceedings as provided by law. A person who
  464  engages in acts requiring a certificate of registration and who
  465  fails or refuses to register is also subject Such failure or
  466  refusal also subjects the offender to a $100 initial
  467  registration fee in lieu of the $5 registration fee required by
  468  authorized in paragraph (a). However, the department may waive
  469  the increase in the registration fee if it finds is determined
  470  by the department that the failure to register was due to
  471  reasonable cause and not to willful negligence, willful neglect,
  472  or fraud.
  473         2.a.A person who willfully fails to register after the
  474  department provides notice of the duty to register as a dealer
  475  commits a felony of the third degree, punishable as provided in
  476  s. 775.082, s. 775.083, or s. 775.084.
  477         b.The department shall provide written notice of the duty
  478  to register to the person by personal service, by sending notice
  479  by registered mail to the person’s last known address, or by
  480  both personal service and registered mail.
  481         (d)(c) In addition to the certificate of registration, the
  482  department shall provide to each newly registered dealer an
  483  initial resale certificate that will be valid for the remainder
  484  of the period of issuance. The department shall provide each
  485  active dealer with an annual resale certificate. For purposes of
  486  this section, the term “active dealer” means a person who is
  487  currently registered with the department and who is required to
  488  file at least once during each applicable reporting period.
  489         (e)(d) The department may revoke a any dealer’s certificate
  490  of registration if when the dealer fails to comply with this
  491  chapter. Before Prior to revocation of a dealer’s certificate of
  492  registration, the department must schedule an informal
  493  conference at which the dealer may present evidence regarding
  494  the department’s intended revocation or enter into a compliance
  495  agreement with the department. The department must notify the
  496  dealer of its intended action and the time, place, and date of
  497  the scheduled informal conference by written notification sent
  498  by United States mail to the dealer’s last known address of
  499  record furnished by the dealer on a form prescribed by the
  500  department. The dealer is required to attend the informal
  501  conference and present evidence refuting the department’s
  502  intended revocation or enter into a compliance agreement with
  503  the department which resolves the dealer’s failure to comply
  504  with this chapter. The department shall issue an administrative
  505  complaint under s. 120.60 if the dealer fails to attend the
  506  department’s informal conference, fails to enter into a
  507  compliance agreement with the department resolving the dealer’s
  508  noncompliance with this chapter, or fails to comply with the
  509  executed compliance agreement.
  510         (f)(e) As used in this paragraph, the term “exhibitor”
  511  means a person who enters into an agreement authorizing the
  512  display of tangible personal property or services at a
  513  convention or a trade show. The following provisions apply to
  514  the registration of exhibitors as dealers under this chapter:
  515         1. An exhibitor whose agreement prohibits the sale of
  516  tangible personal property or services subject to the tax
  517  imposed in this chapter is not required to register as a dealer.
  518         2. An exhibitor whose agreement provides for the sale at
  519  wholesale only of tangible personal property or services subject
  520  to the tax imposed under in this chapter must obtain a resale
  521  certificate from the purchasing dealer but is not required to
  522  register as a dealer.
  523         3. An exhibitor whose agreement authorizes the retail sale
  524  of tangible personal property or services subject to the tax
  525  imposed under in this chapter must register as a dealer and
  526  collect the tax imposed under this chapter on such sales.
  527         4. An Any exhibitor who makes a mail order sale pursuant to
  528  s. 212.0596 must register as a dealer.
  529  
  530  A Any person who conducts a convention or a trade show must make
  531  his or her their exhibitor’s agreements available to the
  532  department for inspection and copying.
  533         Section 10. For the purpose of incorporating the amendment
  534  made by this act to subsection (3) of section 212.18, Florida
  535  Statutes, in a reference thereto, paragraph (c) of subsection
  536  (6) of section 212.20, Florida Statutes, is reenacted to read:
  537         212.20 Funds collected, disposition; additional powers of
  538  department; operational expense; refund of taxes adjudicated
  539  unconstitutionally collected.—
  540         (6) Distribution of all proceeds under this chapter and s.
  541  202.18(1)(b) and (2)(b) shall be as follows:
  542         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
  543  and 212.18(3) shall remain with the General Revenue Fund.
  544         Section 11. Subsection (5) of section 213.13, Florida
  545  Statutes, is amended to read:
  546         213.13 Electronic remittance and distribution of funds
  547  collected by clerks of the court.—
  548         (5) All court-related collections, including fees, fines,
  549  reimbursements, court costs, and other court-related funds that
  550  the clerks must remit to the state pursuant to law, must be
  551  transmitted electronically by the 10th 20th day of the month
  552  immediately following the month in which the funds are
  553  collected.
  554         Section 12. Paragraph (a) of subsection (2) of section
  555  213.21, Florida Statutes, is amended to read:
  556         213.21 Informal conferences; compromises.—
  557         (2)(a) The executive director of the department or his or
  558  her designee is authorized to enter into closing agreements with
  559  any taxpayer settling or compromising the taxpayer’s liability
  560  for any tax, interest, or penalty assessed under any of the
  561  chapters specified in s. 72.011(1). Such agreements must shall
  562  be in writing if when the amount of tax, penalty, or interest
  563  compromised exceeds $30,000, or for lesser amounts, if when the
  564  department deems it appropriate or if when requested by the
  565  taxpayer. When a written closing agreement has been approved by
  566  the department and signed by the executive director or his or
  567  her designee and the taxpayer, it shall be final and conclusive;
  568  and, except upon a showing of fraud or misrepresentation of
  569  material fact or except as to adjustments pursuant to ss. 198.16
  570  and 220.23, no additional assessment may be made by the
  571  department against the taxpayer for the tax, interest, or
  572  penalty specified in the closing agreement for the time period
  573  specified in the closing agreement, and the taxpayer is shall
  574  not be entitled to institute any judicial or administrative
  575  proceeding to recover any tax, interest, or penalty paid
  576  pursuant to the closing agreement. The department is authorized
  577  to delegate to the executive director the authority to approve
  578  any such closing agreement resulting in a tax reduction of
  579  $500,000 $250,000 or less.
  580         Section 13. Section 213.295, Florida Statutes, is created
  581  to read:
  582         213.295Automated sales suppression devices.—
  583         (1) As used in this section, the term:
  584         (a) “Automated sales suppression device” or “zapper” means
  585  a software program that falsifies the electronic records of
  586  electronic cash registers or other point-of-sale systems,
  587  including, but not limited to, transaction data and transaction
  588  reports. The term includes the software program, any device that
  589  carries the software program, or an Internet link to the
  590  software program.
  591         (b) “Electronic cash register” means a device that keeps a
  592  register or supporting documents through the use of an
  593  electronic device or computer system designed to record
  594  transaction data for the purpose of computing, compiling, or
  595  processing retail sales transaction data in whatever manner.
  596         (c) “Phantom-ware” means a hidden programming option
  597  embedded in the operating system of an electronic cash register
  598  or hardwired into the electronic cash register which may be used
  599  to create a second set of records or eliminate or manipulate
  600  transaction records, which may or may not be preserved in
  601  digital formats, to represent the true or manipulated record of
  602  transactions in the electronic cash register.
  603         (d) “Transaction data” includes items purchased by a
  604  customer; the price for each item; a taxability determination
  605  for each item; a segregated tax amount for each of the taxed
  606  items; the amount of cash or credit tendered; the net amount
  607  returned to the customer in change; the date and time of the
  608  purchase; the name, address, and identification number of the
  609  vendor; and the receipt or invoice number of the transaction.
  610         (e) “Transaction report” means a report that documents, but
  611  is not limited to documenting, the sales, taxes, or fees
  612  collected, media totals, and discount voids at an electronic
  613  cash register which is printed on a cash register tape at the
  614  end of a day or a shift, or a report that documents every action
  615  at an electronic cash register and which is stored
  616  electronically.
  617         (2) A person may not knowingly sell, purchase, install,
  618  transfer, possess, use, or access any automated sales
  619  suppression device, zapper, or phantom-ware.
  620         (3) A person who violates this section:
  621         (a) Commits a felony of the third degree, punishable as
  622  provided in s. 775.082, s. 775.083, or s. 775.084.
  623         (b) Is liable for all taxes, fees, penalties, and interest
  624  due the state as a result of the use of an automated sales
  625  suppression device, zapper, or phantom-ware and shall forfeit to
  626  the state as an additional penalty all profits associated with
  627  the sale or use of an automated sales suppression device,
  628  zapper, or phantom-ware.
  629         (4) An automated sales suppression device, zapper, phantom
  630  ware, or any device containing such device or software is a
  631  contraband article under ss. 932.701-932.706, the Florida
  632  Contraband Forfeiture Act.
  633         Section 14. Paragraph (h) of subsection (3) of section
  634  443.131, Florida Statutes, is amended to read:
  635         443.131 Contributions.—
  636         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  637  EXPERIENCE.—
  638         (h) Additional conditions for variation from the standard
  639  rate.—An employer’s contribution rate may not be reduced below
  640  the standard rate under this section unless:
  641         1. All contributions, reimbursements, interest, and
  642  penalties incurred by the employer for wages paid by him or her
  643  in all previous calendar quarters, except the 4 calendar
  644  quarters immediately preceding the calendar quarter or calendar
  645  year for which the benefit ratio is computed, are paid; and
  646         2. The employer has produced for inspection and copying all
  647  work records in his or her possession, custody, or control which
  648  were requested by the Department of Economic Opportunity or its
  649  tax collection service provider pursuant to s. 443.171(5). An
  650  employer shall have at least 60 days to provide the requested
  651  work records before the employer is assigned the standard rate;
  652  and
  653         3.2. The employer entitled to a rate reduction must have at
  654  least one annual payroll as defined in subparagraph (b)1. unless
  655  the employer is eligible for additional credit under the Federal
  656  Unemployment Tax Act. If the Federal Unemployment Tax Act is
  657  amended or repealed in a manner affecting credit under the
  658  federal act, this section applies only to the extent that
  659  additional credit is allowed against the payment of the tax
  660  imposed by the Federal Unemployment Tax act.
  661  
  662  The tax collection service provider shall assign an earned
  663  contribution rate to an employer for under subparagraph 1. the
  664  quarter immediately after the quarter in which all
  665  contributions, reimbursements, interest, and penalties are paid
  666  in full and all work records requested pursuant to s. 443.171(5)
  667  have been produced for inspection and copying to the Department
  668  of Economic Opportunity or the tax collection service provider.
  669         Section 15. Effective January 1, 2014, paragraph (a) of
  670  subsection (1) of section 443.141, Florida Statutes, is amended
  671  to read:
  672         443.141 Collection of contributions and reimbursements.—
  673         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  674  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  675         (a) Interest.—Contributions or reimbursements unpaid on the
  676  date due bear interest at the rate of 1 percent per month
  677  through December 31, 2013. Beginning January 1, 2014, the
  678  interest rate shall be calculated in accordance with s. 213.235,
  679  except that the rate of interest may not exceed 1 percent per
  680  month from and after the that date due until payment plus
  681  accrued interest is received by the tax collection service
  682  provider, unless the service provider finds that the employing
  683  unit has good reason for failing to pay the contributions or
  684  reimbursements when due. Interest collected under this
  685  subsection must be paid into the Special Employment Security
  686  Administration Trust Fund.
  687         Section 16. Except as otherwise expressly provided in this
  688  act, this act shall take effect upon becoming a law.