Florida Senate - 2023                                     SB 372
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00516-23                                            2023372__
    1                        A bill to be entitled                      
    2         An act relating to federal taxation; creating s.
    3         17.45, F.S.; defining terms; requiring the Chief
    4         Financial Officer to reimburse an owner of a small
    5         business for attorney fees and costs with funds from
    6         the Internal Revenue Service Civil Liability Trust
    7         Fund under certain conditions; requiring the
    8         Department of Financial Services to certify certain
    9         information before such reimbursement; specifying that
   10         the identity of a small business is not affected by
   11         certain changes; requiring the department to adopt
   12         rules; creating s. 72.042, F.S.; authorizing taxpayers
   13         to bring actions in circuit court for an award of
   14         attorney fees and costs, actual damages, and punitive
   15         damages if the Internal Revenue Service is found to
   16         have committed certain violations; requiring such
   17         actions to be filed within a specified timeframe;
   18         amending s. 212.134, F.S.; defining terms; specifying
   19         that payment settlement entities are required to issue
   20         returns only to certain participating payees;
   21         requiring certain payment settlement entities to
   22         create and maintain specified records; amending s.
   23         655.045, F.S.; requiring that reports submitted by
   24         financial institutions to the Financial Services
   25         Commission include certain information received from
   26         the Internal Revenue Service; requiring the Office of
   27         Financial Regulation to submit an annual report to the
   28         commission and the Legislature by a specified date;
   29         providing a contingent effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 17.45, Florida Statutes, is created to
   34  read:
   35         17.45Reimbursement for retaliatory taxation proceedings.—
   36         (1)As used in this section, the term:
   37         (a)“Domiciled in this state” means authorized to do
   38  business in this state and located in this state.
   39         (b)“Retaliatory” means any proceeding initiated in part to
   40  discriminate against or target a taxpayer on the basis of his or
   41  her political affiliation, ideology, or beliefs, as determined
   42  by the department.
   43         (c)“Small business” means any business entity, regardless
   44  of corporate structure, that is domiciled in this state, that
   45  employs 50 or fewer employees, and that generated an average
   46  annual gross revenue of $4 million or less per year for the
   47  preceding 2 years.
   48         (d)“Trust fund” means the Internal Revenue Service Civil
   49  Liability Trust Fund created under s. 17.44.
   50         (2)Any owner of a small business against which the
   51  Internal Revenue Service initiates proceedings in the United
   52  States Tax Court may submit an application to the department for
   53  reimbursement of reasonable attorney fees and costs necessarily
   54  incurred in the proceedings, provided that all of the following
   55  criteria have been satisfied:
   56         (a)The small business owner is the prevailing party in a
   57  proceeding before the United States Tax Court.
   58         (b)The attorney representing the small business owner
   59  before the United States Tax Court certifies, in writing, that
   60  there is a good faith belief that the proceedings were
   61  retaliatory.
   62         (c)The application is accompanied by a copy of the
   63  attorney’s retainer agreement and fee or billing statements for
   64  the entire period of representation in the proceedings before
   65  the United States Tax Court.
   66         (d)The application and accompanying documentation are
   67  submitted to the department within 90 days after receipt of a
   68  final order or other pleading concluding the proceedings before
   69  the United States Tax Court.
   70         (e)The small business owner has not been previously
   71  awarded attorney fees or costs related to the proceedings before
   72  the United States Tax Court.
   73         (3)If the criteria in subsection (2) are met, the
   74  department must certify the amount of the reimbursement and the
   75  name of the applicant to the Chief Financial Officer, who shall
   76  reimburse the applicant from the trust fund.
   77         (4)For purposes of this section, the identity of a small
   78  business is not affected by a change in name or by a change in
   79  personnel.
   80         (5)The department shall adopt rules to implement this
   81  section.
   82         Section 2. Section 72.042, Florida Statutes, is created to
   83  read:
   84         72.042Tax liabilities arising under federal law;
   85  jurisdiction of circuit courts.—
   86         (1)If, in connection with the collection of federal taxes
   87  concerning a taxpayer domiciled in this state, an action is
   88  brought in a federal district court of competent jurisdiction
   89  against any officer or employee of the Internal Revenue Service,
   90  or any independent contractor employed by the Internal Revenue
   91  Service, for a violation of:
   92         (a)Title VI of the Civil Rights Act of 1964;
   93         (b)Title VII of the Civil Rights Act of 1964;
   94         (c)Title 26 of the Internal Revenue Code of 1986, as
   95  amended;
   96         (d)The First Amendment to the United States Constitution;
   97         (e)The Fourth Amendment to the United States Constitution;
   98  or
   99         (f)The Fifth Amendment to the United States Constitution,
  100  
  101  the taxpayer may bring an action in circuit court pursuant to
  102  subsection (2) or subsection (3).
  103         (2)In any action brought in a federal district court of
  104  competent jurisdiction pursuant to paragraph (1)(a), paragraph
  105  (1)(b), or paragraph (1)(c), upon a finding by the federal
  106  district court that a violation has occurred, the circuit court
  107  may award:
  108         (a)Actual damages sustained by the taxpayer, which, but
  109  for the actions of the Internal Revenue Service, would not have
  110  been sustained.
  111         (b)Attorney fees and costs.
  112         (3)In any action brought in a federal district court of
  113  competent jurisdiction pursuant to paragraph (1)(d), paragraph
  114  (1)(e), or paragraph (1)(f), upon a finding by the federal
  115  district court that a violation has occurred, the circuit court
  116  may award:
  117         (a)Actual damages sustained by the taxpayer, which, but
  118  for the actions of the Internal Revenue Service, would not have
  119  been sustained.
  120         (b)Punitive damages, provided that the provisions of s.
  121  768.72 are met.
  122         (c)Attorney fees and costs.
  123         (4)Notwithstanding any other provision of law, an action
  124  filed in circuit court pursuant to this section must be filed
  125  within 2 years after the date the cause of action accrues.
  126         Section 3. Present subsections (1) through (4) of section
  127  212.134, Florida Statutes, are redesignated as subsections (2)
  128  through (5), respectively, a new subsection (1) and subsection
  129  (6) are added to that section, and present subsections (1) and
  130  (2) of that section are amended, to read:
  131         212.134 Information returns relating to payment-card and
  132  third-party network transactions.—
  133         (1)For purposes of this section, the term:
  134         (a)“Participating payee” has the same meaning as in s.
  135  6050W of the Internal Revenue Code.
  136         (b)“Payment settlement entity” has the same meaning as in
  137  s. 6050W of the Internal Revenue Code.
  138         (c)“Return” or “information return” means IRS Form 1099-K
  139  required under s. 6050W of the Internal Revenue Code.
  140         (d)“Third-party network transactions” has the same meaning
  141  as in s. 6050W of the Internal Revenue Code.
  142         (2)(1) For each year in which a payment settlement entity,
  143  an electronic payment facilitator, or other third party
  144  contracted with the payment settlement entity to make payments
  145  to settle reportable payment transactions on behalf of the
  146  payment settlement entity must file a return pursuant to s.
  147  6050W of the Internal Revenue Code, the entity, the facilitator,
  148  or the third party must submit the information in the return to
  149  the department by the 30th day after filing the federal return.
  150  The format of the information returns required must be either a
  151  copy of such information returns or a copy of such information
  152  returns related to participating payees with an address in the
  153  state. For purposes of complying with s. 6050W of the Internal
  154  Revenue Code, a payment settlement entity is required to issue a
  155  return only to those participating payees with an address in
  156  this state whose aggregate transactions for goods and services
  157  exceed $600 For purposes of this subsection, the term “payment
  158  settlement entity” has the same meaning as provided in s. 6050W
  159  of the Internal Revenue Code.
  160         (3)(2) All returns reports submitted to the department
  161  under this section must be in an electronic format.
  162         (6)A payment settlement entity participating in a third
  163  party network transaction involving a participating payee with
  164  an address in this state must create and maintain records that
  165  clearly identify whether a transaction is a transaction for
  166  goods or services, or both, if applicable.
  167         Section 4. Present subsections (3) and (4) of section
  168  655.045, Florida Statutes, are redesignated as subsections (4)
  169  and (5), respectively, a new subsection (3) is added to that
  170  section, and subsection (2) of that section is amended, to read:
  171         655.045 Examinations, reports, and internal audits;
  172  penalty.—
  173         (2)(a) Each state financial institution, subsidiary, or
  174  service corporation shall submit a report, at least four times
  175  each calendar year, as of such dates as the commission or office
  176  determines. The report must include:
  177         1.The number of inquiries, requests, summons, subpoenas,
  178  or other requests for information or records received from the
  179  Internal Revenue Service concerning any account holder domiciled
  180  in this state.
  181         2. Such other information as the commission by rule
  182  requires for that type of institution.
  183         (b)(a) The office shall levy an administrative fine of up
  184  to $100 per day for each day the report is past due, unless it
  185  is excused for good cause.
  186         (c)(b) For an intentional late filing of the report, the
  187  office shall levy an administrative fine of up to $1,000 per day
  188  for each day the report is past due.
  189         (3)By January 30 of each year, the office shall submit a
  190  report that contains the information from the reports required
  191  under subsection (2) to the commission, the President of the
  192  Senate, and the Speaker of the House of Representatives.
  193         Section 5. This act shall take effect on the same date that
  194  SB ___ or similar legislation takes effect, if such legislation
  195  is adopted in the same legislative session or an extension
  196  thereof and becomes a law.