Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1320
       
       
       
       
       
                               Ì437538GÎ437538                          
       
       576-03806-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    1                        A bill to be entitled                      
    2         An act relating to tax administration; amending s.
    3         198.30, F.S.; deleting a requirement for circuit
    4         judges to monthly report certain information to the
    5         Department of Revenue relating to the estates of
    6         certain decedents; amending s. 206.02, F.S.; deleting
    7         requirements to pay license taxes for a terminal
    8         supplier license, an importer, exporter, or blender of
    9         motor fuels license, or a wholesaler of motor fuel
   10         license; conforming a provision to changes made by the
   11         act; amending s. 206.021, F.S.; deleting a requirement
   12         to pay license taxes for a carrier license; amending
   13         s. 206.022, F.S.; deleting a requirement to pay
   14         license taxes for a terminal operator license;
   15         amending s. 206.03, F.S.; conforming a provision to
   16         changes made by the act; amending s. 206.045, F.S.;
   17         conforming a provision to changes made by the act;
   18         repealing ss. 206.405 and 206.406, F.S., relating to
   19         receipt for payment of license taxes and disposition
   20         of license tax funds, respectively; amending s.
   21         206.41, F.S.; deleting a requirement for the
   22         department to deduct a specified fee from certain
   23         motor fuel refund claims; amending s. 206.9943, F.S.;
   24         deleting a requirement to pay license fees for a
   25         pollutant tax license; amending s. 206.9952, F.S.;
   26         deleting a requirement to pay license fees for a
   27         natural gas fuel retailer license; amending s.
   28         206.9865, F.S.; deleting a requirement to pay
   29         application fees for an aviation fuel tax license for
   30         commercial air carriers; amending s. 212.0515, F.S.;
   31         deleting a requirement for vending machine operators
   32         to post a specified notice on vending machines;
   33         deleting a provision requiring the department to pay
   34         an informant certain rewards for reporting vending
   35         machines without the notice; conforming provisions to
   36         changes made by the act; amending s. 212.0596, F.S.;
   37         deleting an authorization for procedures that waive
   38         registration fees in relation to the use tax on mail
   39         order purchases by certain persons; amending s.
   40         212.18, F.S.; deleting a requirement for certificates
   41         of registration fees for certain dealers in relation
   42         to the sales and use tax; conforming provisions to
   43         changes made by the act; amending s. 336.021, F.S.;
   44         specifying a condition for the reimposition of ninth
   45         cent fuel taxes on motor and diesel fuels by a county;
   46         amending s. 336.025, F.S.; specifying a condition for
   47         the reimposition of local option fuel taxes on motor
   48         and diesel fuels by a county; providing construction
   49         relating to requirements on a decision to rescind a
   50         tax; amending s. 376.70, F.S.; deleting a requirement
   51         for drycleaning or dry drop-off facilities to pay
   52         registration fees to the department; amending s.
   53         376.75, F.S.; deleting a requirement to pay
   54         registration fees for certain persons producing,
   55         importing, selling, or using perchloroethylene;
   56         amending s. 443.131, F.S.; revising a deadline for
   57         employers of employees performing domestic services to
   58         annually report wages and pay certain contributions
   59         under the Reemployment Assistance Program Law;
   60         defining the term “holiday”; amending s. 443.141,
   61         F.S.; specifying a due date of certain employer
   62         contributions if such date falls on a weekend or
   63         holiday; defining the term “holiday”; conforming
   64         cross-references; amending s. 443.163, F.S.; deleting
   65         a form name; authorizing reemployment assistance tax
   66         collection service providers to waive a certain
   67         penalty under certain circumstances; amending s.
   68         733.2121, F.S.; providing that a personal
   69         representative may serve a notice to creditors on the
   70         department only under certain circumstances; deleting
   71         a provision providing construction; reenacting s.
   72         733.701, F.S., relating to notifying creditors, to
   73         incorporate the amendment made to s. 733.2121, F.S.,
   74         in a reference thereto; amending s. 206.998, F.S.;
   75         conforming cross-references; repealing s. 1 of ch.
   76         2007-339, s. 13 of ch. 2008-173, s. 6 of ch. 2009-131,
   77         ss. 8(2) and 24 of ch. 2010-138, s. 6 of ch. 2010-149,
   78         s. 7 of ch. 2010-166, s. 35 of ch. 2011-76, s. 4 of
   79         ch. 2011-93, s. 3 of ch. 2011-229, s. 25 of ch. 2012
   80         32, and s. 3 of ch. 2013-46, Laws of Florida, relating
   81         to obsolete emergency rulemaking authority of the
   82         department; providing an effective date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Section 198.30, Florida Statutes, is amended to
   87  read:
   88         198.30 Circuit judge to report names of decedents, etc.
   89  Each circuit judge of this state shall, on or before the 10th
   90  day of every month, notify the Agency for Health Care
   91  Administration department of the names of all decedents; the
   92  names and addresses of the respective personal representatives,
   93  administrators, or curators appointed; the amount of the bonds,
   94  if any, required by the court; and the probable value of the
   95  estates, in all estates of decedents whose wills have been
   96  probated or propounded for probate before the circuit judge or
   97  upon which letters testamentary or upon whose estates letters of
   98  administration or curatorship have been sought or granted,
   99  during the preceding month; and such report shall contain any
  100  other information that which the circuit judge may have
  101  concerning the estates of such decedents. In addition, a copy of
  102  this report shall be provided to the Agency for Health Care
  103  Administration. A circuit judge shall also furnish forthwith
  104  such further information, from the records and files of the
  105  circuit court in regard to such estates, as the department may
  106  from time to time require.
  107         Section 2. Effective January 1, 2018, subsections (2), (3),
  108  and (4), paragraph (a) of subsection (7), and paragraph (b) of
  109  subsection (8) of section 206.02, Florida Statutes, are amended
  110  to read:
  111         206.02 Application for license; temporary license; terminal
  112  suppliers, importers, exporters, blenders, biodiesel
  113  manufacturers, and wholesalers.—
  114         (2) To procure a terminal supplier license, a person shall
  115  file with the department an application under oath, and in such
  116  form as the department may prescribe, setting forth:
  117         (a) The name under which the person will transact business
  118  within the state and that person’s registration number under s.
  119  4101 of the Internal Revenue Code.
  120         (b) The location, with street number address, of his or her
  121  principal office or place of business and the location where
  122  records will be made available for inspection.
  123         (c) The name and complete residence address of the owner or
  124  the names and addresses of the partners, if such person is a
  125  partnership, or of the principal officers, if such person is a
  126  corporation or association; and, if such person is a corporation
  127  organized under the laws of another state, territory, or
  128  country, he or she shall also indicate the state, territory, or
  129  country where the corporation is organized and the date the
  130  corporation was registered with the Department of State as a
  131  foreign corporation authorized to transact business in the
  132  state.
  133  
  134  The application shall require a $30 license tax. Each license
  135  must shall be renewed annually through application, including an
  136  annual $30 license tax.
  137         (3) To procure an importer, exporter, or blender of motor
  138  fuels license, a person shall file with the department an
  139  application under oath, and in such form as the department may
  140  prescribe, setting forth:
  141         (a) The name under which the person will transact business
  142  within the state.
  143         (b) The location, with street number address, of his or her
  144  principal office or place of business and the location where
  145  records will be made available for inspection.
  146         (c) The name and complete residence address of the owner or
  147  the names and addresses of the partners, if such person is a
  148  partnership, or of the principal officers, if such person is a
  149  corporation or association; and, if such person is a corporation
  150  organized under the laws of another state, territory, or
  151  country, he or she shall also indicate the state, territory, or
  152  country where the corporation is organized and the date the
  153  corporation was registered with the Department of State as a
  154  foreign corporation authorized to transact business in the
  155  state.
  156  
  157  The application shall require a $30 license tax. Each license
  158  must shall be renewed annually through application, including an
  159  annual $30 license tax.
  160         (4) To procure a wholesaler of motor fuel license, a person
  161  shall file with the department an application under oath and in
  162  such form as the department may prescribe, setting forth:
  163         (a) The name under which the person will transact business
  164  within the state.
  165         (b) The location, with street number address, of his or her
  166  principal office or place of business within this state and the
  167  location where records will be made available for inspection.
  168         (c) The name and complete residence address of the owner or
  169  the names and addresses of the partners, if such person is a
  170  partnership, or of the principal officers, if such person is a
  171  corporation or association; and, if such person is a corporation
  172  organized under the laws of another state, territory, or
  173  country, he or she shall also indicate the state, territory, or
  174  country where the corporation is organized and the date the
  175  corporation was registered with the Department of State as a
  176  foreign corporation authorized to transact business in the
  177  state.
  178  
  179  The application shall require a $30 license tax. Each license
  180  must shall be renewed annually through application, including an
  181  annual $30 license fee.
  182         (7)(a) If all applicants for a license hold a current
  183  license in good standing of the same type and kind, the
  184  department shall issue a temporary license upon the filing of a
  185  completed application, payment of all fees, and the posting of
  186  adequate bond. A temporary license shall automatically expire 90
  187  days after its effective date or, prior to the expiration of 90
  188  days or the period of any extension, upon issuance of a
  189  permanent license or of a notice of intent to deny a permanent
  190  license. A temporary license may be extended once for a period
  191  not to exceed 60 days, upon written request of the applicant,
  192  subject to the restrictions imposed by this subsection.
  193         (8)
  194         (b) Notwithstanding the provisions of this chapter
  195  requiring a license tax and a bond or criminal background check,
  196  the department may issue a temporary license as an importer or
  197  exporter to a person who holds a valid Florida wholesaler
  198  license or to a person who is an unlicensed dealer. A license
  199  may be issued under this subsection only to a business that has
  200  a physical location in this state and holds a valid Florida
  201  sales and use tax certificate of registration or that holds a
  202  valid fuel license issued by another state.
  203         Section 3. Effective January 1, 2018, subsection (3) and
  204  paragraph (b) of subsection (5) of section 206.021, Florida
  205  Statutes, are amended to read:
  206         206.021 Application for license; carriers.—
  207         (3) The application shall require a $30 license tax. Each
  208  license must shall be renewed annually through application,
  209  including an annual $30 license tax.
  210         (5)
  211         (b) Notwithstanding the provisions of this chapter
  212  requiring a license tax and a bond or criminal background check,
  213  the department may issue a temporary license as a carrier to a
  214  person who holds a valid Florida wholesaler, importer, exporter,
  215  or blender license or to a person who is an unlicensed dealer. A
  216  license may be issued under this subsection only to a business
  217  that has a physical location in this state and holds a valid
  218  Florida sales and use tax certificate of registration or that
  219  holds a valid fuel license issued by another state.
  220         Section 4. Effective January 1, 2018, subsection (2) of
  221  section 206.022, Florida Statutes, is amended to read:
  222         206.022 Application for license; terminal operators.—
  223         (2) The application shall require a $30 license tax. Each
  224  license shall be renewed annually through application, including
  225  an annual $30 license tax.
  226         Section 5. Effective January 1, 2018, subsection (1) of
  227  section 206.03, Florida Statutes, is amended to read:
  228         206.03 Licensing of terminal suppliers, importers,
  229  exporters, and wholesalers.—
  230         (1) The application in proper form having been accepted for
  231  filing, the filing fee paid, and the bond accepted and approved,
  232  except as provided in s. 206.05(1), the department shall issue
  233  to such person a license to transact business in the state,
  234  subject to cancellation of such license as provided by law.
  235         Section 6. Effective January 1, 2018, section 206.045,
  236  Florida Statutes, is amended to read:
  237         206.045 Licensing period; cost for license issuance.
  238  Beginning January 1, 1998, the licensing period under this
  239  chapter shall be a calendar year, or any part thereof. The cost
  240  of any such license issued pursuant to this chapter shall be
  241  $30.
  242         Section 7. Effective January 1, 2018, ss. 206.405 and
  243  206.406, Florida Statutes, are repealed.
  244         Section 8. Effective January 1, 2018, paragraph (c) of
  245  subsection (5) of section 206.41, Florida Statutes, is amended
  246  to read:
  247         206.41 State taxes imposed on motor fuel.—
  248         (5)
  249         (c)1. No refund may be authorized unless a sworn
  250  application therefor containing such information as the
  251  department may determine is filed with the department not later
  252  than the last day of the month following the quarter for which
  253  the refund is claimed. However, when a justified excuse for late
  254  filing is presented to the department and the last preceding
  255  claim was filed on time, the deadline for filing may be extended
  256  an additional month. No refund will be authorized unless the
  257  amount due is for $5 or more for any refund period and unless
  258  application is made upon forms prescribed by the department.
  259         2. Claims made for refunds provided pursuant to subsection
  260  (4) shall be paid quarterly. The department shall deduct a fee
  261  of $2 for each claim, which fee shall be deposited in the
  262  General Revenue Fund.
  263         Section 9. Effective January 1, 2018, subsection (3) of
  264  section 206.9943, Florida Statutes, is amended to read:
  265         206.9943 Pollutant tax license.—
  266         (3) The license must be renewed annually, and the fee for
  267  original application or renewal is $30.
  268         Section 10. Effective January 1, 2018, subsection (9) of
  269  section 206.9952, Florida Statutes, is amended to read:
  270         206.9952 Application for license as a natural gas fuel
  271  retailer.—
  272         (9) The license application requires a license fee of $5.
  273  Each license shall be renewed annually by submitting a
  274  reapplication and the license fee to the department. The license
  275  fee shall be paid to the department for deposit into the General
  276  Revenue Fund.
  277         Section 11. Effective January 1, 2018, subsection (3) of
  278  section 206.9865, Florida Statutes, is amended to read:
  279         206.9865 Commercial air carriers; registration; reporting.—
  280         (3) The application must be renewed annually and the fee
  281  for application or renewal is $30.
  282         Section 12. Effective January 1, 2018, subsections (3) and
  283  (4) and present subsection (7) of section 212.0515, Florida
  284  Statutes, are amended to read:
  285         212.0515 Sales from vending machines; sales to vending
  286  machine operators; special provisions; registration; penalties.—
  287         (3)(a) An operator of a vending machine may not operate or
  288  cause to be operated in this state any vending machine until the
  289  operator has registered with the department and, has obtained a
  290  separate registration certificate for each county in which such
  291  machines are located, and has affixed a notice to each vending
  292  machine selling food or beverages. The notice must be
  293  conspicuously displayed on the vending machine when it is being
  294  operated in this state and shall contain the following language
  295  in conspicuous type: NOTICE TO CUSTOMER: FLORIDA LAW REQUIRES
  296  THIS NOTICE TO BE POSTED ON ALL FOOD AND BEVERAGE VENDING
  297  MACHINES. REPORT ANY MACHINE WITHOUT A NOTICE TO (TOLL-FREE
  298  NUMBER). YOU MAY BE ELIGIBLE FOR A CASH REWARD. DO NOT USE THIS
  299  NUMBER TO REPORT PROBLEMS WITH THE VENDING MACHINE SUCH AS LOST
  300  MONEY OR OUT-OF-DATE PRODUCTS.
  301         (b) The department shall establish a toll-free number to
  302  report any violations of this section. Upon a determination that
  303  a violation has occurred, the department shall pay the informant
  304  a reward of up to 10 percent of previously unpaid taxes
  305  recovered as a result of the information provided. A person who
  306  receives information concerning a violation of this section from
  307  an employee as specified in s. 213.30 is not eligible for a cash
  308  reward.
  309         (4) A penalty of $250 per machine is imposed on an operator
  310  who fails to properly obtain and display the required notice on
  311  any machine. Penalties accrue interest as provided for
  312  delinquent taxes under this chapter and apply in addition to all
  313  other applicable taxes, interest, and penalties.
  314         (6)(7) The department may adopt rules necessary to
  315  administer the provisions of this section and may establish a
  316  schedule for phasing in the requirement that existing notices be
  317  replaced with revised notices displayed on vending machines.
  318         Section 13. Effective January 1, 2018, subsection (7) of
  319  section 212.0596, Florida Statutes, is amended to read:
  320         212.0596 Taxation of mail order sales.—
  321         (7) The department may establish by rule procedures for
  322  collecting the use tax from unregistered persons who but for
  323  their mail order purchases would not be required to remit sales
  324  or use tax directly to the department. The procedures may
  325  provide for waiver of registration and registration fees,
  326  provisions for irregular remittance of tax, elimination of the
  327  collection allowance, and nonapplication of local option
  328  surtaxes.
  329         Section 14. Effective January 1, 2018, paragraphs (a) and
  330  (c) of subsection (3) of section 212.18, Florida Statutes, are
  331  amended to read:
  332         212.18 Administration of law; registration of dealers;
  333  rules.—
  334         (3)(a) A person desiring to engage in or conduct business
  335  in this state as a dealer, or to lease, rent, or let or grant
  336  licenses in living quarters or sleeping or housekeeping
  337  accommodations in hotels, apartment houses, roominghouses, or
  338  tourist or trailer camps that are subject to tax under s.
  339  212.03, or to lease, rent, or let or grant licenses in real
  340  property, and a person who sells or receives anything of value
  341  by way of admissions, must file with the department an
  342  application for a certificate of registration for each place of
  343  business. The application must include the names of the persons
  344  who have interests in such business and their residences, the
  345  address of the business, and other data reasonably required by
  346  the department. However, owners and operators of vending
  347  machines or newspaper rack machines are required to obtain only
  348  one certificate of registration for each county in which such
  349  machines are located. The department, by rule, may authorize a
  350  dealer that uses independent sellers to sell its merchandise to
  351  remit tax on the retail sales price charged to the ultimate
  352  consumer in lieu of having the independent seller register as a
  353  dealer and remit the tax. The department may appoint the county
  354  tax collector as the department’s agent to accept applications
  355  for registrations. The application must be submitted to the
  356  department before the person, firm, copartnership, or
  357  corporation may engage in such business, and it must be
  358  accompanied by a registration fee of $5. However, a registration
  359  fee is not required to accompany an application to engage in or
  360  conduct business to make mail order sales. The department may
  361  waive the registration fee for applications submitted through
  362  the department’s Internet registration process.
  363         (c)1. A person who engages in acts requiring a certificate
  364  of registration under this subsection and who fails or refuses
  365  to register commits a misdemeanor of the first degree,
  366  punishable as provided in s. 775.082 or s. 775.083. Such acts
  367  are subject to injunctive proceedings as provided by law. A
  368  person who engages in acts requiring a certificate of
  369  registration and who fails or refuses to register is also
  370  subject to a $100 initial registration fee in lieu of the $5
  371  registration fee required by paragraph (a). However, the
  372  department may waive the increase in the registration fee if it
  373  finds that the failure to register was due to reasonable cause
  374  and not to willful negligence, willful neglect, or fraud.
  375         2.a. A person who willfully fails to register after the
  376  department provides notice of the duty to register as a dealer
  377  commits a felony of the third degree, punishable as provided in
  378  s. 775.082, s. 775.083, or s. 775.084.
  379         b. The department shall provide written notice of the duty
  380  to register to the person by personal service or by sending
  381  notice by registered mail to the person’s last known address.
  382  The department may provide written notice by both methods
  383  described in this sub-subparagraph.
  384         Section 15. Subsection (5) of section 336.021, Florida
  385  Statutes, is amended to read:
  386         336.021 County transportation system; levy of ninth-cent
  387  fuel tax on motor fuel and diesel fuel.—
  388         (5) All impositions of the tax shall be levied before
  389  October 1 of each year to be effective January 1 of the
  390  following year. However, levies of the tax which were in effect
  391  on July 1, 2002, and which expire on August 31 of any year may
  392  be reimposed at the current authorized rate if the imposition of
  393  the tax is levied before July 1 and is to be effective September
  394  1 of the year of expiration. All impositions shall be required
  395  to end on December 31 of a year. A decision to rescind the tax
  396  shall not take effect on any date other than December 31 and
  397  shall require a minimum of 60 days’ notice to the department of
  398  such decision.
  399         Section 16. Paragraphs (a) and (b) of subsection (1) and
  400  paragraph (a) of subsection (5) of section 336.025, Florida
  401  Statutes, are amended to read:
  402         336.025 County transportation system; levy of local option
  403  fuel tax on motor fuel and diesel fuel.—
  404         (1)(a) In addition to other taxes allowed by law, there may
  405  be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1
  406  cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
  407  fuel tax upon every gallon of motor fuel and diesel fuel sold in
  408  a county and taxed under the provisions of part I or part II of
  409  chapter 206.
  410         1. All impositions and rate changes of the tax shall be
  411  levied before October 1 to be effective January 1 of the
  412  following year for a period not to exceed 30 years, and the
  413  applicable method of distribution shall be established pursuant
  414  to subsection (3) or subsection (4). However, levies of the tax
  415  which were in effect on July 1, 2002, and which expire on August
  416  31 of any year may be reimposed at the current authorized rate
  417  if the imposition of the tax is levied before July 1 and is
  418  effective September 1 of the year of expiration. Upon
  419  expiration, the tax may be relevied provided that a
  420  redetermination of the method of distribution is made as
  421  provided in this section.
  422         2. County and municipal governments shall utilize moneys
  423  received pursuant to this paragraph only for transportation
  424  expenditures.
  425         3. Any tax levied pursuant to this paragraph may be
  426  extended on a majority vote of the governing body of the county.
  427  A redetermination of the method of distribution shall be
  428  established pursuant to subsection (3) or subsection (4), if,
  429  after July 1, 1986, the tax is extended or the tax rate changed,
  430  for the period of extension or for the additional tax.
  431         (b) In addition to other taxes allowed by law, there may be
  432  levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent,
  433  4-cent, or 5-cent local option fuel tax upon every gallon of
  434  motor fuel sold in a county and taxed under the provisions of
  435  part I of chapter 206. The tax shall be levied by an ordinance
  436  adopted by a majority plus one vote of the membership of the
  437  governing body of the county or by referendum.
  438         1. All impositions and rate changes of the tax shall be
  439  levied before October 1, to be effective January 1 of the
  440  following year. However, levies of the tax which were in effect
  441  on July 1, 2002, and which expire on August 31 of any year may
  442  be reimposed at the current authorized rate if the imposition of
  443  the tax is levied before July 1 and is effective September 1 of
  444  the year of expiration.
  445         2. The county may, prior to levy of the tax, establish by
  446  interlocal agreement with one or more municipalities located
  447  therein, representing a majority of the population of the
  448  incorporated area within the county, a distribution formula for
  449  dividing the entire proceeds of the tax among county government
  450  and all eligible municipalities within the county. If no
  451  interlocal agreement is adopted before the effective date of the
  452  tax, tax revenues shall be distributed pursuant to the
  453  provisions of subsection (4). If no interlocal agreement exists,
  454  a new interlocal agreement may be established prior to June 1 of
  455  any year pursuant to this subparagraph. However, any interlocal
  456  agreement agreed to under this subparagraph after the initial
  457  levy of the tax or change in the tax rate authorized in this
  458  section shall under no circumstances materially or adversely
  459  affect the rights of holders of outstanding bonds which are
  460  backed by taxes authorized by this paragraph, and the amounts
  461  distributed to the county government and each municipality shall
  462  not be reduced below the amount necessary for the payment of
  463  principal and interest and reserves for principal and interest
  464  as required under the covenants of any bond resolution
  465  outstanding on the date of establishment of the new interlocal
  466  agreement.
  467         3. County and municipal governments shall use moneys
  468  received pursuant to this paragraph for transportation
  469  expenditures needed to meet the requirements of the capital
  470  improvements element of an adopted comprehensive plan or for
  471  expenditures needed to meet immediate local transportation
  472  problems and for other transportation-related expenditures that
  473  are critical for building comprehensive roadway networks by
  474  local governments. For purposes of this paragraph, expenditures
  475  for the construction of new roads, the reconstruction or
  476  resurfacing of existing paved roads, or the paving of existing
  477  graded roads shall be deemed to increase capacity and such
  478  projects shall be included in the capital improvements element
  479  of an adopted comprehensive plan. Expenditures for purposes of
  480  this paragraph shall not include routine maintenance of roads.
  481         (5)(a) By October 1 of each year, the county shall notify
  482  the Department of Revenue of the rate of the taxes levied
  483  pursuant to paragraphs (1)(a) and (b), and of its decision to
  484  rescind or change the rate of a tax, if applicable, and shall
  485  provide the department with a certified copy of the interlocal
  486  agreement established under subparagraph (1)(b)2. or
  487  subparagraph (3)(a)1. with distribution proportions established
  488  by such agreement or pursuant to subsection (4), if applicable.
  489  A decision to rescind a tax may not take effect on any date
  490  other than December 31, regardless of when the tax was
  491  originally imposed, and requires a minimum of 60 days’ notice to
  492  the Department of Revenue of such decision.
  493         Section 17. Effective January 1, 2018, subsection (2) of
  494  section 376.70, Florida Statutes, is amended to read:
  495         376.70 Tax on gross receipts of drycleaning facilities.—
  496         (2) Each drycleaning facility or dry drop-off facility
  497  imposing a charge for the drycleaning or laundering of clothing
  498  or other fabrics is required to register with the Department of
  499  Revenue and become licensed for the purposes of this section.
  500  The owner or operator of the facility shall register the
  501  facility with the Department of Revenue. Drycleaning facilities
  502  or dry drop-off facilities operating at more than one location
  503  are only required to have a single registration. The fee for
  504  registration is $30. The owner or operator of the facility shall
  505  pay the registration fee to the Department of Revenue. The
  506  department may waive the registration fee for applications
  507  submitted through the department’s Internet registration
  508  process.
  509         Section 18. Subsection (2) of section 376.75, Florida
  510  Statutes, is amended to read:
  511         376.75 Tax on production or importation of
  512  perchloroethylene.—
  513         (2) Any person producing in, importing into, or causing to
  514  be imported into, or selling in, this state perchloroethylene
  515  must register with the Department of Revenue and become licensed
  516  for the purposes of remitting the tax pursuant to, or providing
  517  information required by, this section. Such person must register
  518  as a seller of perchloroethylene, a user of perchloroethylene in
  519  drycleaning facilities, or a user of perchloroethylene for
  520  purposes other than drycleaning. Persons operating at more than
  521  one location are only required to have a single registration.
  522  The fee for registration is $30. Failure to timely register is a
  523  misdemeanor of the first degree, punishable as provided in s.
  524  775.082 or s. 775.083.
  525         Section 19. Subsection (1) of section 443.131, Florida
  526  Statutes, is amended to read:
  527         443.131 Contributions.—
  528         (1) PAYMENT OF CONTRIBUTIONS.—Contributions accrue and are
  529  payable by each employer for each calendar quarter he or she is
  530  subject to this chapter for wages paid during each calendar
  531  quarter for employment. Contributions are due and payable by
  532  each employer to the tax collection service provider, in
  533  accordance with the rules adopted by the Department of Economic
  534  Opportunity or the state agency providing tax collection
  535  services. This subsection does not prohibit the tax collection
  536  service provider from allowing, at the request of the employer,
  537  employers of employees performing domestic services, as defined
  538  in s. 443.1216(6), to pay contributions or report wages at
  539  intervals other than quarterly when the nonquarterly payment or
  540  reporting assists the service provider and when nonquarterly
  541  payment and reporting is authorized under federal law. Employers
  542  of employees performing domestic services may report wages and
  543  pay contributions annually, with a due date of no later than
  544  January 31, unless that day is a Saturday, Sunday, or holiday,
  545  in which event the due date is the next day that is not a
  546  Saturday, Sunday, or holiday. For purposes of this subsection,
  547  the term “holiday” means a day designated under s. 110.117(1)
  548  and (2) and any other day when the offices of the United States
  549  Postal Service are closed January 1 and a delinquency date of
  550  February 1. To qualify for this election, the employer must
  551  employ only employees performing domestic services, be eligible
  552  for a variation from the standard rate computed under subsection
  553  (3), apply to this program no later than December 1 of the
  554  preceding calendar year, and agree to provide the department or
  555  its tax collection service provider with any special reports
  556  that are requested, including copies of all federal employment
  557  tax forms. An employer who fails to timely furnish any wage
  558  information required by the department or its tax collection
  559  service provider loses the privilege to participate in this
  560  program, effective the calendar quarter immediately after the
  561  calendar quarter the failure occurred. The employer may reapply
  562  for annual reporting when a complete calendar year elapses after
  563  the employer’s disqualification if the employer timely furnished
  564  any requested wage information during the period in which annual
  565  reporting was denied. An employer may not deduct contributions,
  566  interests, penalties, fines, or fees required under this chapter
  567  from any part of the wages of his or her employees. A fractional
  568  part of a cent less than one-half cent shall be disregarded from
  569  the payment of contributions, but a fractional part of at least
  570  one-half cent shall be increased to 1 cent.
  571         Section 20. Paragraph (d) of subsection (1) of section
  572  443.141, Florida Statutes, is amended to read:
  573         443.141 Collection of contributions and reimbursements.—
  574         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  575  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  576         (d) Payments for contributions.—For an annual
  577  administrative fee not to exceed $5, a contributing employer may
  578  pay its quarterly contributions due for wages paid in the first
  579  three quarters of each year in equal installments if those
  580  contributions are paid as follows:
  581         1. For contributions due for wages paid in the first
  582  quarter of each year, one-fourth of the contributions due must
  583  be paid on or before April 30, one-fourth must be paid on or
  584  before July 31, one-fourth must be paid on or before October 31,
  585  and one-fourth must be paid on or before December 31.
  586         2. In addition to the payments specified in subparagraph
  587  1., for contributions due for wages paid in the second quarter
  588  of each year, one-third of the contributions due must be paid on
  589  or before July 31, one-third must be paid on or before October
  590  31, and one-third must be paid on or before December 31.
  591         3. In addition to the payments specified in subparagraphs
  592  1. and 2., for contributions due for wages paid in the third
  593  quarter of each year, one-half of the contributions due must be
  594  paid on or before October 31, and one-half must be paid on or
  595  before December 31.
  596         4. If any of the due dates in this paragraph falls on a
  597  Saturday, Sunday, or holiday, the due date is the next day that
  598  is not a Saturday, Sunday, or holiday. For purposes of this
  599  paragraph, the term “holiday” means a day designated under s.
  600  110.117(1) and (2) and any other day when the offices of the
  601  United States Postal Service are closed.
  602         5.4. The annual administrative fee assessed for electing to
  603  pay under the installment method shall be collected at the time
  604  the employer makes the first installment payment each year. The
  605  fee shall be segregated from the payment and deposited into the
  606  Operating Trust Fund of the Department of Revenue.
  607         6.5. Interest does not accrue on any contribution that
  608  becomes due for wages paid in the first three quarters of each
  609  year if the employer pays the contribution in accordance with
  610  subparagraphs 1.-5. subparagraphs 1.-4. Interest and fees
  611  continue to accrue on prior delinquent contributions and
  612  commence accruing on all contributions due for wages paid in the
  613  first three quarters of each year which are not paid in
  614  accordance with subparagraphs 1.-4. subparagraphs 1.-3.
  615  Penalties may be assessed in accordance with this chapter. The
  616  contributions due for wages paid in the fourth quarter are not
  617  affected by this paragraph and are due and payable in accordance
  618  with this chapter.
  619         Section 21. Section 443.163, Florida Statutes, is amended
  620  to read:
  621         443.163 Electronic reporting and remitting of contributions
  622  and reimbursements.—
  623         (1) An employer may file any report and remit any
  624  contributions or reimbursements required under this chapter by
  625  electronic means. The Department of Economic Opportunity or the
  626  state agency providing reemployment assistance tax collection
  627  services shall adopt rules prescribing the format and
  628  instructions necessary for electronically filing reports and
  629  remitting contributions and reimbursements to ensure a full
  630  collection of contributions and reimbursements due. The
  631  acceptable method of transfer, the method, form, and content of
  632  the electronic means, and the method, if any, by which the
  633  employer will be provided with an acknowledgment shall be
  634  prescribed by the department or its tax collection service
  635  provider. However, any employer who employed 10 or more
  636  employees in any quarter during the preceding state fiscal year
  637  must file the Employers Quarterly Reports (UCT-6) for the
  638  current calendar year and remit the contributions and
  639  reimbursements due by electronic means approved by the tax
  640  collection service provider. A person who prepared and reported
  641  for 100 or more employers in any quarter during the preceding
  642  state fiscal year must file the Employers Quarterly Reports
  643  (UCT-6) for each calendar quarter in the current calendar year,
  644  beginning with reports due for the second calendar quarter of
  645  2003, by electronic means approved by the tax collection service
  646  provider.
  647         (2)(a) An employer who is required by law to file an
  648  Employers Quarterly Report (UCT-6) by approved electronic means,
  649  but who files the report by a means other than approved
  650  electronic means, is liable for a penalty of $50 for that report
  651  and $1 for each employee. This penalty is in addition to any
  652  other penalty provided by this chapter. However, the penalty
  653  does not apply if the tax collection service provider waives the
  654  electronic filing requirement in advance. An employer who fails
  655  to remit contributions or reimbursements by approved electronic
  656  means as required by law is liable for a penalty of $50 for each
  657  remittance submitted by a means other than approved electronic
  658  means. This penalty is in addition to any other penalty provided
  659  by this chapter.
  660         (b) A person who prepared and reported for 100 or more
  661  employers in any quarter during the preceding state fiscal year,
  662  but who fails to file an Employers Quarterly Report (UCT-6) for
  663  each calendar quarter in the current calendar year by approved
  664  electronic means, is liable for a penalty of $50 for that report
  665  and $1 for each employee. This penalty is in addition to any
  666  other penalty provided by this chapter. However, the penalty
  667  does not apply if the tax collection service provider waives the
  668  electronic filing requirement in advance.
  669         (3) The tax collection service provider may waive the
  670  requirement to file an Employers Quarterly Report (UCT-6) by
  671  electronic means for employers that are unable to comply despite
  672  good faith efforts or due to circumstances beyond the employer’s
  673  reasonable control.
  674         (a) As prescribed by the Department of Economic Opportunity
  675  or its tax collection service provider, grounds for approving
  676  the waiver include, but are not limited to, circumstances in
  677  which the employer does not:
  678         1. Currently file information or data electronically with
  679  any business or government agency; or
  680         2. Have a compatible computer that meets or exceeds the
  681  standards prescribed by the department or its tax collection
  682  service provider.
  683         (b) The tax collection service provider shall accept other
  684  reasons for requesting a waiver from the requirement to submit
  685  the Employers Quarterly Report (UCT-6) by electronic means,
  686  including, but not limited to:
  687         1. That the employer needs additional time to program his
  688  or her computer;
  689         2. That complying with this requirement causes the employer
  690  financial hardship; or
  691         3. That complying with this requirement conflicts with the
  692  employer’s business procedures.
  693         (c) The department or the state agency providing
  694  reemployment assistance tax collection services may establish by
  695  rule the length of time a waiver is valid and may determine
  696  whether subsequent waivers will be authorized, based on this
  697  subsection.
  698         (4) As used in this section, the term “electronic means”
  699  includes, but is not limited to, electronic data interchange;
  700  electronic funds transfer; and use of the Internet, telephone,
  701  or other technology specified by the Department of Economic
  702  Opportunity or its tax collection service provider.
  703         (5) The tax collection service provider may waive the
  704  penalty imposed by this section if a written request for a
  705  waiver is filed which establishes that imposition would be
  706  inequitable. Examples of inequity include, but are not limited
  707  to, situations where the failure to electronically file was
  708  caused by one of the following factors:
  709         (a) Death or serious illness of the person responsible for
  710  the preparation and filing of the report.
  711         (b) Destruction of the business records by fire or other
  712  casualty.
  713         (c) Unscheduled and unavoidable computer downtime.
  714         Section 22. Paragraph (e) of subsection (3) of section
  715  733.2121, Florida Statutes, is amended to read:
  716         733.2121 Notice to creditors; filing of claims.—
  717         (3)
  718         (e) The personal representative may serve a notice to
  719  creditors on the Department of Revenue only when the Department
  720  of Revenue is determined to be a creditor under paragraph (a) If
  721  the Department of Revenue has not previously been served with a
  722  copy of the notice to creditors, then service of the inventory
  723  on the Department of Revenue shall be the equivalent of service
  724  of a copy of the notice to creditors.
  725         Section 23. For the purpose of incorporating the amendment
  726  made by this act to section 733.2121, Florida Statutes, in a
  727  reference thereto, section 733.701, Florida Statutes, is
  728  reenacted to read:
  729         733.701 Notifying creditors.—Unless creditors’ claims are
  730  otherwise barred by s. 733.710, every personal representative
  731  shall cause notice to creditors to be published and served under
  732  s. 733.2121.
  733         Section 24. Effective January 1, 2018, section 206.998,
  734  Florida Statutes, is amended to read:
  735         206.998 Applicability of specified sections of parts I and
  736  II.—The provisions of ss. 206.01, 206.02, 206.025, 206.026,
  737  206.027, 206.028, 206.03, 206.05, 206.055, 206.06, 206.07,
  738  206.075, 206.09, 206.10, 206.11, 206.12, 206.13, 206.14, 206.15,
  739  206.16, 206.17, 206.175, 206.18, 206.199, 206.20, 206.204,
  740  206.205, 206.21, 206.215, 206.22, 206.23, 206.24, 206.25,
  741  206.27, 206.28, 206.405, 206.406, 206.41, 206.413, 206.43,
  742  206.44, 206.48, 206.485, 206.49, 206.56, 206.59, 206.606,
  743  206.608, and 206.61 of part I of this chapter and ss. 206.86,
  744  206.872, 206.874, 206.8745, 206.88, 206.90, and 206.93 of part
  745  II of this chapter shall, as far as lawful or practicable, be
  746  applicable to the tax levied and imposed and to the collection
  747  thereof as if fully set out in this part. However, any provision
  748  of any such section does not apply if it conflicts with any
  749  provision of this part.
  750         Section 25. Section 1 of chapter 2007-339, section 13 of
  751  chapter 2008-173, section 6 of chapter 2009-131, subsection (2)
  752  of section 8 and section 24 of chapter 2010-138, section 6 of
  753  chapter 2010-149, section 7 of chapter 2010-166, section 35 of
  754  chapter 2011-76, section 4 of chapter 2011-93, section 3 of
  755  chapter 2011-229, section 25 of chapter 2012-32, and section 3
  756  of chapter 2013-46, Laws of Florida, are repealed.
  757         Section 26. Except as otherwise expressly provided in this
  758  act, this act shall take effect upon becoming a law.