Florida Senate - 2012                                     SB 760
       
       
       
       By Senator Hays
       
       
       
       
       20-00320-12                                            2012760__
    1                        A bill to be entitled                      
    2         An act relating to local business taxes; repealing ch.
    3         205, F.S., which established the Local Business Tax
    4         Act; amending ss. 202.24, 213.0535, 213.756, 290.0057,
    5         337.401, 376.84, 379.3761, 482.071, 482.242, 489.119,
    6         489.127, 489.128, 489.131, 489.516, 489.521, 489.5315,
    7         489.532, 489.533, 489.537, 500.511, 501.016, 501.143,
    8         501.160, 507.13, 539.001, and 559.939, F.S.;
    9         conforming references and cross-references; providing
   10         an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Chapter 205, Florida Statutes, consisting of
   15  sections 205.013, 205.022, 205.023, 205.0315, 205.032, 205.033,
   16  205.042, 205.043, 205.045, 205.053, 205.0532, 205.0535,
   17  205.0536, 205.0537, 205.054, 205.063, 205.064, 205.065, 205.066,
   18  205.162, 205.171, 205.191, 205.192, 205.193, 205.194, 205.196,
   19  205.1965, 205.1967, 205.1969, 205.1971, 205.1973, and 205.1975,
   20  is repealed.
   21         Section 2. Paragraph (c) of subsection (2) of section
   22  202.24, Florida Statutes, is amended to read:
   23         202.24 Limitations on local taxes and fees imposed on
   24  dealers of communications services.—
   25         (2)
   26         (c) This subsection does not apply to:
   27         1. Local communications services taxes levied under this
   28  chapter.
   29         2. Ad valorem taxes levied pursuant to chapter 200.
   30         3. Business taxes levied under chapter 205.
   31         3.4. “911” service charges levied under chapter 365.
   32         4.5. Amounts charged for the rental or other use of
   33  property owned by a public body which is not in the public
   34  rights-of-way to a dealer of communications services for any
   35  purpose, including, but not limited to, the placement or
   36  attachment of equipment used in the provision of communications
   37  services.
   38         5.6. Permit fees of general applicability which are not
   39  related to placing or maintaining facilities in or on public
   40  roads or rights-of-way.
   41         6.7. Permit fees related to placing or maintaining
   42  facilities in or on public roads or rights-of-way pursuant to s.
   43  337.401.
   44         7.8. Any in-kind requirements, institutional networks, or
   45  contributions for, or in support of, the use or construction of
   46  public, educational, or governmental access facilities allowed
   47  under federal law and imposed on providers of cable or video
   48  service pursuant to any existing ordinance or an existing
   49  franchise agreement granted by each municipality or county,
   50  under which ordinance or franchise agreement service is provided
   51  prior to July 1, 2007, or as permitted under chapter 610.
   52  Nothing in this subparagraph shall prohibit the ability of
   53  providers of cable or video service to recover such expenses as
   54  allowed under federal law.
   55         8.9. Special assessments and impact fees.
   56         9.10. Pole attachment fees that are charged by a local
   57  government for attachments to utility poles owned by the local
   58  government.
   59         10.11. Utility service fees or other similar user fees for
   60  utility services.
   61         11.12. Any other generally applicable tax, fee, charge, or
   62  imposition authorized by general law on July 1, 2000, which is
   63  not specifically prohibited by this subsection or included as a
   64  replaced revenue source in s. 202.20.
   65         Section 3. Paragraph (a) of subsection (4) of section
   66  213.0535, Florida Statutes, is amended to read:
   67         213.0535 Registration Information Sharing and Exchange
   68  Program.—
   69         (4) There are two levels of participation:
   70         (a) Each unit of state or local government responsible for
   71  administering one or more of the provisions specified in
   72  subparagraphs 1.-7. 1.-8. is a level-one participant. Level-one
   73  participants shall exchange, monthly or quarterly, as determined
   74  jointly by each participant and the department, the data
   75  enumerated in subsection (2) for each new registrant, new filer,
   76  or initial reporter, permittee, or licensee, with respect to the
   77  following taxes, licenses, or permits:
   78         1. The sales and use tax imposed under chapter 212.
   79         2. The tourist development tax imposed under s. 125.0104.
   80         3. The tourist impact tax imposed under s. 125.0108.
   81         4. Local business taxes imposed under chapter 205.
   82         4.5. Convention development taxes imposed under s.
   83  212.0305.
   84         5.6. Public lodging and food service establishment licenses
   85  issued pursuant to chapter 509.
   86         6.7. Beverage law licenses issued pursuant to chapter 561.
   87         7.8. A municipal resort tax as authorized under chapter 67
   88  930, Laws of Florida.
   89         Section 4. Paragraph (b) of subsection (2) of section
   90  213.756, Florida Statutes, is amended to read:
   91         213.756 Funds collected are state tax funds.—
   92         (2)
   93         (b) This subsection applies to those taxes enumerated in s.
   94  72.011, excluding chapter 202 and that portion of chapter 203
   95  collected thereunder, and also applies to taxes imposed under
   96  chapter 205.
   97         Section 5. Paragraph (e) of subsection (1) of section
   98  290.0057, Florida Statutes, is amended to read:
   99         290.0057 Enterprise zone development plan.—
  100         (1) Any application for designation as a new enterprise
  101  zone must be accompanied by a strategic plan adopted by the
  102  governing body of the municipality or county, or the governing
  103  bodies of the county and one or more municipalities together. At
  104  a minimum, the plan must:
  105         (e) Commit the governing body or bodies to enact and
  106  maintain local fiscal and regulatory incentives, if approval for
  107  the area is received under s. 290.0065. These incentives may
  108  include the municipal public service tax exemption provided by
  109  s. 166.231, the economic development ad valorem tax exemption
  110  provided by s. 196.1995, the business tax exemption provided by
  111  s. 205.054, local impact fee abatement or reduction, or low
  112  interest or interest-free loans or grants to businesses to
  113  encourage the revitalization of the nominated area.
  114         Section 6. Paragraph (f) of subsection (3) of section
  115  337.401, Florida Statutes, is amended to read:
  116         337.401 Use of right-of-way for utilities subject to
  117  regulation; permit; fees.—
  118         (3)
  119         (f) Except as expressly allowed or authorized by general
  120  law and except for the rights-of-way permit fees subject to
  121  paragraph (c), a municipality or county may not levy on a
  122  provider of communications services a tax, fee, or other charge
  123  or imposition for operating as a provider of communications
  124  services within the jurisdiction of the municipality or county
  125  which is in any way related to using its roads or rights-of-way.
  126  A municipality or county may not require or solicit in-kind
  127  compensation, except as otherwise provided in s. 202.24(2)(c)7.
  128  s. 202.24(2)(c)8. or s. 610.109. Nothing in this paragraph shall
  129  impair any ordinance or agreement in effect on May 22, 1998, or
  130  any voluntary agreement entered into subsequent to that date,
  131  which provides for or allows in-kind compensation by a
  132  telecommunications company.
  133         Section 7. Paragraphs (e) through (o) of subsection (1) of
  134  section 376.84, Florida Statutes, are redesignated as paragraphs
  135  (d) through (n), respectively, and present paragraph (d) of that
  136  subsection is amended to read:
  137         376.84 Brownfield redevelopment economic incentives.—It is
  138  the intent of the Legislature that brownfield redevelopment
  139  activities be viewed as opportunities to significantly improve
  140  the utilization, general condition, and appearance of these
  141  sites. Different standards than those in place for new
  142  development, as allowed under current state and local laws,
  143  should be used to the fullest extent to encourage the
  144  redevelopment of a brownfield. State and local governments are
  145  encouraged to offer redevelopment incentives for this purpose,
  146  as an ongoing public investment in infrastructure and services,
  147  to help eliminate the public health and environmental hazards,
  148  and to promote the creation of jobs in these areas. Such
  149  incentives may include financial, regulatory, and technical
  150  assistance to persons and businesses involved in the
  151  redevelopment of the brownfield pursuant to this act.
  152         (1) Financial incentives and local incentives for
  153  redevelopment may include, but not be limited to:
  154         (d) Waiver, reduction, or limitation by line of business
  155  with respect to business taxes pursuant to chapter 205.
  156         Section 8. Subsections (5) and (6) of section 379.3761,
  157  Florida Statutes, are renumbered as subsections (4) and (5),
  158  respectively, and present subsection (4) of that section is
  159  amended to read:
  160         379.3761 Exhibition or sale of wildlife; fees;
  161  classifications.—
  162         (4) The provisions of this section relative to licensing
  163  for exhibition do not apply to any municipal, county, state, or
  164  other publicly owned wildlife exhibit or any traveling zoo,
  165  circus, or exhibit licensed under chapter 205.
  166         Section 9. Subsection (5) of section 482.071, Florida
  167  Statutes, is amended to read:
  168         482.071 Licenses.—
  169         (5) A license under this section is a prerequisite for the
  170  issuance of a local occupational license to engage in pest
  171  control, as provided in s. 205.1967.
  172         Section 10. Paragraphs (b) through (g) of subsection (1) of
  173  section 482.242, Florida Statutes, are redesignated as
  174  paragraphs (a) through (f), respectively, and present paragraph
  175  (a) of that subsection is amended to read:
  176         482.242 Preemption.—
  177         (1) This chapter is intended as comprehensive and exclusive
  178  regulation of pest control in this state. The provisions of this
  179  chapter preempt to the state all regulation of the activities
  180  and operations of pest control services, including the
  181  pesticides used pursuant to labeling and registration approved
  182  under part I of chapter 487. No local government or political
  183  subdivision of the state may enact or enforce an ordinance that
  184  regulates pest control, except that the preemption in this
  185  section does not prohibit a local government or political
  186  subdivision from enacting an ordinance regarding any of the
  187  following:
  188         (a) Local business taxes adopted pursuant to chapter 205.
  189         Section 11. Subsections (5), (6), and (7) of section
  190  489.119, Florida Statutes, are renumbered as subsections (4),
  191  (5), and (6), respectively, and present subsection (4) of that
  192  section is amended to read:
  193         489.119 Business organizations; qualifying agents.—
  194         (4) When a certified qualifying agent, on behalf of a
  195  business organization, makes application for a business tax
  196  receipt in any municipality or county of this state, the
  197  application shall be made with the tax collector in the name of
  198  the business organization and the qualifying agent; and the
  199  license, when issued, shall be issued to the business
  200  organization, upon payment of the appropriate licensing fee and
  201  exhibition to the tax collector of a valid certificate for the
  202  qualifying agent issued by the department, and the state license
  203  numbers shall be noted thereon.
  204         Section 12. Subsection (1) of section 489.127, Florida
  205  Statutes, is amended to read:
  206         489.127 Prohibitions; penalties.—
  207         (1) No person shall:
  208         (a) Falsely hold himself or herself or a business
  209  organization out as a licensee, certificateholder, or
  210  registrant;
  211         (b) Falsely impersonate a certificateholder or registrant;
  212         (c) Present as his or her own the certificate or
  213  registration of another;
  214         (d) Knowingly give false or forged evidence to the board or
  215  a member thereof;
  216         (e) Use or attempt to use a certificate or registration
  217  that has been suspended or revoked;
  218         (f) Engage in the business or act in the capacity of a
  219  contractor or advertise himself or herself or a business
  220  organization as available to engage in the business or act in
  221  the capacity of a contractor without being duly registered or
  222  certified;
  223         (g) Operate a business organization engaged in contracting
  224  after 60 days following the termination of its only qualifying
  225  agent without designating another primary qualifying agent,
  226  except as provided in ss. 489.119 and 489.1195;
  227         (h) Commence or perform work for which a building permit is
  228  required pursuant to part IV of chapter 553 without such
  229  building permit being in effect; or
  230         (i) Willfully or deliberately disregard or violate any
  231  municipal or county ordinance relating to uncertified or
  232  unregistered contractors.
  233  
  234  For purposes of this subsection, a person or business
  235  organization operating on an inactive or suspended certificate
  236  or registration is not duly certified or registered and is
  237  considered unlicensed. A business tax receipt issued under the
  238  authority of chapter 205 is not a license for purposes of this
  239  part.
  240         Section 13. Paragraph (c) of subsection (1) of section
  241  489.128, Florida Statutes, is redesignated as paragraph (b), and
  242  present paragraph (b) of that subsection is amended to read:
  243         489.128 Contracts entered into by unlicensed contractors
  244  unenforceable.—
  245         (1) As a matter of public policy, contracts entered into on
  246  or after October 1, 1990, by an unlicensed contractor shall be
  247  unenforceable in law or in equity by the unlicensed contractor.
  248         (b) For purposes of this section, an individual or business
  249  organization may not be considered unlicensed for failing to
  250  have a business tax receipt issued under the authority of
  251  chapter 205.
  252         Section 14. Paragraph (c) of subsection (3) of section
  253  489.131, Florida Statutes, is amended to read:
  254         489.131 Applicability.—
  255         (3) Nothing in this part limits the power of a municipality
  256  or county:
  257         (c) To collect business taxes, subject to s. 205.065, and
  258  inspection fees for engaging in contracting or examination fees
  259  from persons who are registered with the board pursuant to local
  260  examination requirements and issue business tax receipts.
  261  However, nothing in this part shall be construed to require
  262  general contractors, building contractors, or residential
  263  contractors to obtain additional business tax receipts for
  264  specialty work when such specialty work is performed by
  265  employees of such contractors on projects for which they have
  266  substantially full responsibility and such contractors do not
  267  hold themselves out to the public as being specialty
  268  contractors.
  269         Section 15. Subsection (3) of section 489.516, Florida
  270  Statutes, is amended to read:
  271         489.516 Qualifications to practice; restrictions;
  272  prerequisites.—
  273         (3) When a certificateholder desires to engage in
  274  contracting in any area of the state, as a prerequisite
  275  therefor, he or she shall only be required to exhibit to the
  276  local building official, tax collector, or other authorized
  277  person in charge of the issuance of licenses and building or
  278  electrical permits in the area evidence of holding a current
  279  certificate and a current business tax receipt issued by the
  280  jurisdiction in which the certificateholder’s principal place of
  281  business is located and having paid the fee for the permit
  282  required of other persons. However, a local construction
  283  regulation board may deny the issuance of an electrical permit
  284  to a certified contractor, or issue a permit with specific
  285  conditions, if the local construction regulation board has found
  286  such contractor, through the public hearing process, to be
  287  guilty of fraud or a willful building code violation within the
  288  county or municipality that the local construction regulation
  289  board represents, or if the local construction regulation board
  290  has proof that such contractor, through the public hearing
  291  process, has been found guilty, in another county or
  292  municipality within the past 12 months, of fraud or a willful
  293  building code violation and finds, after providing notice to the
  294  contractor, that such fraud or violation would have been fraud
  295  or a violation if committed in the county or municipality that
  296  the local construction board represents. Notification of and
  297  information concerning such permit denial shall be submitted to
  298  the Department of Business and Professional Regulation within 15
  299  days after the local construction regulation board decides to
  300  deny the permit.
  301         Section 16. Subsections (7) through (10) of section
  302  489.521, Florida Statutes, are renumbered as subsections (6)
  303  through (9), respectively, and present subsection (6) of that
  304  section is amended to read:
  305         489.521 Business organizations; qualifying agents.—
  306         (6) When a business organization qualified to engage in
  307  contracting makes application for a business tax receipt in any
  308  municipality or county of this state, the application shall be
  309  made with the tax collector in the name of the business
  310  organization, and the business tax receipt, when issued, shall
  311  be issued to the business organization upon payment of the
  312  appropriate licensing fee and exhibition to the tax collector of
  313  a valid certificate issued by the department.
  314         Section 17. Section 489.5315, Florida Statutes, is amended
  315  to read:
  316         489.5315 Proprietary electrical or alarm contractors.
  317  Businesses that obtain an electrical or burglar alarm system
  318  license to work only on their own equipment, and that do not
  319  offer electrical or alarm contracting services to the public,
  320  are not electrical or burglar alarm system contracting
  321  businesses and do not have to obtain a business tax receipt in
  322  addition to any they are otherwise required to have.
  323         Section 18. Paragraph (c) of subsection (1) of section
  324  489.532, Florida Statutes, is redesignated as paragraph (b), and
  325  present paragraph (b) of that subsection is amended to read:
  326         489.532 Contracts entered into by unlicensed contractors
  327  unenforceable.—
  328         (1) As a matter of public policy, contracts entered into on
  329  or after October 1, 1990, by an unlicensed contractor shall be
  330  unenforceable in law or in equity by the unlicensed contractor.
  331         (b) For purposes of this section, an individual or business
  332  organization shall not be considered unlicensed for failing to
  333  have a business tax receipt issued under the authority of
  334  chapter 205.
  335         Section 19. Paragraph (q) of subsection (1) of section
  336  489.533, Florida Statutes, is amended to read:
  337         489.533 Disciplinary proceedings.—
  338         (1) The following acts shall constitute grounds for
  339  disciplinary actions as provided in subsection (2):
  340         (q) Failing to affix a registration or certification number
  341  as required by s. 489.521(6) s. 489.521(7).
  342  
  343  For the purposes of this subsection, construction is considered
  344  to be commenced when the contract is executed and the contractor
  345  has accepted funds from the customer or lender.
  346         Section 20. Subsection (9) of section 489.537, Florida
  347  Statutes, is renumbered as subsection (8), and paragraph (b) of
  348  subsection (3) and present subsection (8) of that section are
  349  amended to read:
  350         489.537 Application of this part.—
  351         (3) Nothing in this act limits the power of a municipality
  352  or county:
  353         (b) To collect fees for business tax receipts and
  354  inspections for engaging in contracting or examination fees from
  355  persons who are registered with the local boards pursuant to
  356  local examination requirements.
  357         (8) Persons licensed under this part are subject to ss.
  358  205.0535(1) and 205.065, as applicable.
  359         Section 21. Subsection (3) of section 500.511, Florida
  360  Statutes, is amended to read:
  361         500.511 Fees; enforcement; preemption.—
  362         (3) PREEMPTION OF AUTHORITY TO REGULATE.—Regulation of
  363  bottled water plants, water vending machines, water vending
  364  machine operators, and packaged ice plants is preempted by the
  365  state. No county or municipality may adopt or enforce any
  366  ordinance that regulates the licensure or operation of bottled
  367  water plants, water vending machines, or packaged ice plants,
  368  unless it is determined that unique conditions exist within the
  369  county which require the county to regulate such entities in
  370  order to protect the public health. This subsection does not
  371  prohibit a county or municipality from requiring a business tax
  372  pursuant to chapter 205.
  373         Section 22. Subsection (1) of section 501.016, Florida
  374  Statutes, is amended to read:
  375         501.016 Health studios; security requirements.—Each health
  376  studio that sells contracts for health studio services shall
  377  meet the following requirements:
  378         (1) Each health studio shall maintain for each separate
  379  business location a bond issued by a surety company admitted to
  380  do business in this state. The principal sum of the bond shall
  381  be $50,000, and the bond, when required, shall be obtained
  382  before a business tax receipt may be issued under chapter 205.
  383  Upon issuance of a business tax receipt, the licensing authority
  384  shall immediately notify the department of such issuance in a
  385  manner established by the department by rule. The bond shall be
  386  in favor of the state for the benefit of any person injured as a
  387  result of a violation of ss. 501.012-501.019. The aggregate
  388  liability of the surety to all persons for all breaches of the
  389  conditions of the bonds provided herein shall in no event exceed
  390  the amount of the bond. The original surety bond required by
  391  this section shall be filed with the department.
  392         Section 23. Paragraphs (c) through (f) of subsection (3) of
  393  section 501.143, Florida Statutes, are redesignated as
  394  paragraphs (b) through (e), respectively, and present paragraph
  395  (b) of that subsection is amended to read:
  396         501.143 Dance Studio Act.—
  397         (3) REGISTRATION OF BALLROOM DANCE STUDIOS.—
  398         (b) Any person applying for or renewing a local business
  399  tax receipt to engage in business as a ballroom dance studio
  400  must exhibit an active registration certificate from the
  401  department before the local business tax receipt may be issued
  402  or reissued under chapter 205.
  403         Section 24. Subsection (9) of section 501.160, Florida
  404  Statutes, is amended to read:
  405         501.160 Rental or sale of essential commodities during a
  406  declared state of emergency; prohibition against unconscionable
  407  prices.—
  408         (9) Upon a declaration of a state of emergency by the
  409  Governor, in order to protect the health, safety, and welfare of
  410  residents, any person who offers goods and services for sale to
  411  the public during the duration of the emergency and who does not
  412  possess a business tax receipt under s. 205.032 or s. 205.042
  413  commits a misdemeanor of the second degree, punishable as
  414  provided in s. 775.082 or s. 775.083. During a declared
  415  emergency, this subsection does not apply to religious,
  416  charitable, fraternal, civic, educational, or social
  417  organizations. During a declared emergency and when there is an
  418  allegation of price gouging against the person, failure to
  419  possess a license constitutes reasonable cause to detain the
  420  person, provided that the detention shall only be made in a
  421  reasonable manner and only for a reasonable period of time
  422  sufficient for an inquiry into the circumstances surrounding the
  423  failure to possess a license.
  424         Section 25. Subsection (1) of section 507.13, Florida
  425  Statutes, is amended to read:
  426         507.13 Local regulation.—
  427         (1)(a) Except as provided in paragraph paragraphs (b) and
  428  (c), this chapter preempts a local ordinance or regulation of a
  429  county or municipality which regulates transactions relating to
  430  movers of household goods or moving brokers.
  431         (b) This chapter does not preempt an ordinance or
  432  regulation originally enacted by a county before January 1,
  433  2011, or a subsequent amendment to such an ordinance or
  434  regulation. However, registration fees required by such an
  435  ordinance or regulation must be reasonable and may not exceed
  436  the cost of administering the ordinance or regulation. In
  437  addition, registration and bonding may be required only of a
  438  mover or moving broker whose principal place of business is
  439  located within that county’s jurisdiction.
  440         (c) This section does not preempt a local government’s
  441  authority to levy a local business tax pursuant to chapter 205.
  442         Section 26. Paragraph (f) of subsection (3) of section
  443  539.001, Florida Statutes, is amended to read:
  444         539.001 The Florida Pawnbroking Act.—
  445         (3) LICENSE REQUIRED.—
  446         (f) Any person applying for or renewing a local
  447  occupational license to engage in business as a pawnbroker must
  448  exhibit a current license from the agency before the local
  449  business tax receipt may be issued or reissued.
  450         Section 27. Section 559.939, Florida Statutes, is amended
  451  to read:
  452         559.939 State preemption.—No municipality or county or
  453  other political subdivision of this state shall have authority
  454  to levy or collect any registration fee or tax, as a regulatory
  455  measure, or to require the registration or bonding in any manner
  456  of any seller of travel who is registered or complies with all
  457  applicable provisions of this part, unless that authority is
  458  provided for by special or general act of the Legislature. Any
  459  ordinance, resolution, or regulation of any municipality or
  460  county or other political subdivision of this state which is in
  461  conflict with any provision of this part is preempted by this
  462  part. The provisions of this section do not apply to any local
  463  business tax levied pursuant to chapter 205.
  464         Section 28. This act shall take effect July 1, 2012.