Senate Bill 1388

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    Florida Senate - 1998                                  SB 1388

    By Senator Horne





    6-870A-98

  1                      A bill to be entitled

  2         An act relating to taxation; amending ss.

  3         95.091, 193.062, 193.063, 194.192, 197.172,

  4         199.052, 199.057, 199.062, 199.133, 199.185,

  5         199.282, 201.16, 201.17, 205.053, 212.02,

  6         212.05, 212.06, 212.08, 212.12, 213.04,

  7         220.211, 220.222, 220.34, 220.723, 220.737,

  8         220.801, 220.809, 221.02, F.S.; creating ss.

  9         199.252, 199.2825, 212.125, 220.8051, F.S.;

10         amending certain statutes of limitation;

11         eliminating the tolling of the statute of

12         limitations for specified causes; prescribing

13         circumstances for the tolling of the statute of

14         limitations as a result of administrative or

15         judicial proceedings; limiting the period for

16         which additional penalties and interest may be

17         imposed; prescribing dates for filing returns

18         for specified taxes; increasing the maximum

19         length of time for which an extension to file a

20         tangible-personal-property tax return may be

21         granted; postponing the regular filing deadline

22         for certain tax returns; amending certain

23         interest rates on delinquent taxes and on

24         penalties; providing interest on refunds owed

25         to taxpayers and setting the interest rate

26         thereon; exempting from the tax imposed under

27         s. 199.133, F.S., certain documents pertaining

28         to transfers in conjunction with a dissolution

29         of marriage; prescribing a maximum amount for

30         the intangibles tax on certain obligations;

31         increasing the amounts of certain exemptions

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  1         from the annual and nonrecurring taxes on

  2         certain property; allowing extensions of

  3         deadlines for providing certain annual tax

  4         information reports; increasing the minimum

  5         amount of taxes that must be owed before a tax

  6         return must be filed; allowing an extension of

  7         the deadline by which a corporation must elect

  8         to pay the annual tax on behalf of its

  9         stockholders and specifying conditions for

10         making such election; exempting taxpayers from

11         paying certain taxes upon a showing of

12         reasonable cause, for so long as the reasonable

13         cause applies; providing exceptions to payment

14         of certain taxes or penalties; allowing certain

15         penalties to be waived; providing for payment

16         on interest by the state with respect to

17         overpayments of taxes; prescribing limitations

18         upon the assessment of back taxes; prescribing

19         penalties for failing to pay taxes; providing

20         exemptions from specified taxes; providing for

21         the establishment of a cost-price amount for

22         the purpose of sales and use taxation; limiting

23         the aggregate amount of certain penalties that

24         may be imposed; providing that a federal

25         extension of the deadline for paying certain

26         taxes acts as a state extension, under

27         specified conditions; deleting the requirement

28         to pay interest on certain penalties; providing

29         for credits for emergency excise taxes to be

30         carried over; amending s. 236.081, F.S.;

31         reducing the aggregate required-local-effort

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  1         millage rate; providing a minimum base student

  2         allocation for fiscal year 1998-1999; providing

  3         an effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Subsections (3) and (4) of section 95.091,

  8  Florida Statutes, are amended to read:

  9         95.091  Limitation on actions to collect taxes.--

10         (3)(a)1.  With the exception of taxes levied under

11  chapter 198 and tax adjustments made pursuant to s. 220.23,

12  the Department of Revenue may determine and assess the amount

13  of any tax, penalty, or interest due under any tax enumerated

14  in s. 72.011 which it has authority to administer and the

15  Department of Business and Professional Regulation may

16  determine and assess the amount of any tax, penalty, or

17  interest due under any tax enumerated in s. 72.011 which it

18  has authority to administer:

19         a.  For taxes due before July 1, 1998, within 5 years

20  after the date the tax is due, any return with respect to the

21  tax is due, or such return is filed, whichever occurs later;

22  and for taxes due on or after July 1, 1998, within 3 years

23  after the date the tax is due, any return with respect to the

24  tax is due, or such return is filed, whichever occurs later;

25         b.  For taxes due before July 1, 1998, within 6 years

26  after the date the taxpayer either makes a substantial

27  underpayment of tax, or files a substantially incorrect

28  return;

29         c.  At any time while the right to a refund or credit

30  of the tax is available to the taxpayer;

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  1         d.  For taxes due before July 1, 1998, at any time

  2  after the taxpayer has filed a grossly false return;

  3         e.d.  At any time after the taxpayer has failed to make

  4  any required payment of the tax, has failed to file a required

  5  return, or has filed a grossly false or fraudulent return,

  6  except that for taxes due on or after July 1, 1998, the

  7  limitation prescribed in sub-subparagraph a. applies if the

  8  taxpayer has disclosed in writing the tax liability to the

  9  department before the department has given the taxpayer notice

10  of that liability; or

11         f.e.  In any case in which there has been a refund of

12  tax erroneously made for any reason:

13         (I)  For taxes due before July 1, 1998, within 5 years

14  after making such refund; and

15         (II)  For taxes due on or after July 1, 1998, within 3

16  years after making such refund,

17

18  or at any time after making such refund if it appears that any

19  part of the refund was induced by fraud or the

20  misrepresentation of a material fact.

21         2.  For the purpose of this paragraph, a tax return

22  filed before the last day prescribed by law, including any

23  extension thereof, shall be deemed to have been filed on such

24  last day, and payments made prior to the last day prescribed

25  by law shall be deemed to have been paid on such last day.

26         (b)  The limitations in this subsection shall be tolled

27  for a period of 2 years with respect to taxes due before July

28  1, 1998, if the Department of Revenue has issued a notice of

29  intent to conduct an audit or investigation of the taxpayer's

30  account within the applicable period of time as specified in

31  this subsection.  The department shall commence an audit

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  1  within 120 days after it issues a notice of intent to conduct

  2  an audit, unless the taxpayer requests a delay.  If the

  3  taxpayer does not request a delay and the department does not

  4  begin the audit within 120 days after issuing the notice, the

  5  tolling period shall terminate.

  6         (4)  If administrative or judicial proceedings for

  7  review of the tax assessment or collection are initiated by a

  8  taxpayer begun within the a period of limitation prescribed in

  9  this section, the running of the period shall be tolled during

10  the pendency of the proceeding. Administrative proceedings

11  shall include taxpayer protest proceedings initiated under s.

12  213.21 and department rules. No additional interest or penalty

13  may be imposed for any tax liability for any period occurring

14  after the expiration of the time limitation prescribed in this

15  section except for the period during which the liability is

16  the subject of a proceeding under chapter 72.

17         Section 2.  Subsection (1) of section 193.062, Florida

18  Statutes, is amended to read:

19         193.062  Dates for filing returns.--All returns shall

20  be filed according to the following schedule:

21         (1)  Tangible personal property--April 15 April 1.

22         (2)  Real property--when required by specific provision

23  of general law.

24         (3)  Railroad, railroad terminal, private car and

25  freight line and equipment company property--April 15 April 1.

26         (4)  All other returns and applications not otherwise

27  specified by specific provision of general law--April 15 April

28  1.

29         Section 3.  Section 193.063, Florida Statutes, is

30  amended to read:

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  1         193.063  Extension of date for filing tangible personal

  2  property tax returns.--The property appraiser may, at her or

  3  his discretion, grant an extension for the filing of a

  4  tangible personal property tax return for up to 6 months 45

  5  days. A request for extension must be made in time for the

  6  property appraiser to consider the request and act on it

  7  before the regular due date of the return. A request for

  8  extension may be signed by the taxpayer, by a tax preparer, or

  9  by an individual authorized by the taxable entity, and must

10  include the name of the taxable entity, the tax identification

11  number of the taxable entity, and the reason an extension

12  should be granted.

13         Section 4.  Section 194.192, Florida Statutes, is

14  amended to read:

15         194.192  Costs; interest on unpaid taxes; penalty.--

16         (1)  In any suit involving the assessment or collection

17  of any tax, the court shall assess all costs.

18         (2)  If the court finds that the amount of tax owed by

19  the taxpayer is greater than the amount the taxpayer has in

20  good faith admitted and paid, it shall enter judgment against

21  the taxpayer for the deficiency and for interest on the

22  deficiency at the rate determined under s. 220.807 of 12

23  percent per year from the date the tax became delinquent.  If

24  it finds that the amount of tax which the taxpayer has

25  admitted to be owing is grossly disproportionate to the amount

26  of tax found to be due and that the taxpayer's admission was

27  not made in good faith, the court shall also assess a penalty

28  at the rate of 10 percent of the deficiency per year from the

29  date the tax became delinquent.

30         (3)  If the court finds that the amount of tax owed by

31  the taxpayer is less than the amount paid by the taxpayer, it

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  1  shall order a refund to the taxpayer in the amount of the

  2  overpayment plus interest at a rate that is 1 percent lower

  3  than the rate determined under s. 220.807 from the date the

  4  court order is issued until the refund is paid in full.

  5         Section 5.  Subsection (3) of section 197.172, Florida

  6  Statutes, is amended to read:

  7         197.172  Interest rate; calculation and minimum.--

  8         (3)(a)  Delinquent personal property taxes shall bear

  9  interest at the rate determined under s. 220.807 of 18 percent

10  per year from the date of delinquency until paid or barred

11  under chapter 95.

12         (b)  Overpayments of personal property taxes shall bear

13  interest at a rate that is 1 percent lower than the rate

14  determined under s. 220.807 from the date on which a court

15  orders a refund or a state agency determines that a refund is

16  due a taxpayer, whichever is earlier, until the refund is paid

17  in full.

18         Section 6.  Section 199.133, Florida Statutes, is

19  amended to read:

20         199.133  Levy of nonrecurring tax; relationship to

21  annual tax.--

22         (1)  A one-time nonrecurring tax of 2 mills is hereby

23  imposed on each dollar of the just valuation of all notes,

24  bonds, and other obligations for payment of money which are

25  secured by mortgage, deed of trust, or other lien upon real

26  property situated in this state.  This tax shall be assessed

27  and collected as provided by this chapter.

28         (2)  The nonrecurring tax shall apply to a note, bond,

29  or other obligation for payment of money only to the extent it

30  is secured by mortgage, deed of trust, or other lien upon real

31  property situated in this state.  Where a note, bond, or other

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  1  obligation is secured by personal property or by real property

  2  situated outside this state, as well as by mortgage, deed of

  3  trust, or other lien upon real property situated in this

  4  state, then the nonrecurring tax shall apply to that portion

  5  of the note, bond, or other obligation which bears the same

  6  ratio to the entire principal balance of the note, bond, or

  7  other obligation as the value of the real property situated in

  8  this state bears to the value of all of the security; however,

  9  if the security is solely made up of personal property and

10  real property situated in this state, the taxpayer may elect

11  to apportion the taxes based upon the value of the collateral,

12  if any, to which the taxpayer by law or contract must look

13  first for collection.  In no event shall the portion of the

14  note, bond, or other obligation which is subject to the

15  nonrecurring tax exceed in value the value of the real

16  property situated in this state which is the security.  The

17  portion of a note, bond, or other obligation which is not

18  subject to the nonrecurring tax shall be subject to the annual

19  tax unless otherwise exempt.

20         Section 7.  Notwithstanding the provisions of chapter

21  199, Florida Statutes, the maximum tax under that chapter on

22  any nonsecured loan is $1,000.

23         Section 8.  Subsections (1) and (2) of section 199.185,

24  Florida Statutes, are amended to read:

25         199.185  Property exempted from annual and nonrecurring

26  taxes.--

27         (1)  The following intangible personal property shall

28  be exempt from the annual and nonrecurring taxes imposed by

29  this chapter:

30         (a)  Money.

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  1         (b)  Money equivalent held by a bank, savings and loan

  2  association, investment and securities company, or other

  3  financial institution.

  4         (c)  Accounts receivable and trade receivables arising

  5  out of the normal conduct of a trade or business.

  6         (d)(b)  Franchises.

  7         (e)(c)  Any interest as a partner in a partnership,

  8  either general or limited, other than any interest as a

  9  limited partner in a limited partnership registered with the

10  Securities and Exchange Commission pursuant to the Securities

11  Act of 1933, as amended.

12         (f)(d)  Notes, bonds, and other obligations issued by

13  the State of Florida or its municipalities, counties, and

14  other taxing districts, or by the United States Government and

15  its agencies.

16         (g)(e)  Intangible personal property held in trust

17  pursuant to any stock bonus, pension, or profit-sharing plan

18  or any individual retirement account which is qualified under

19  s. 401 or s. 408 of the United States Internal Revenue Code,

20  26 U.S.C. ss. 401 and 408, as amended.

21         (h)(f)  Intangible personal property held under a

22  retirement plan of a Florida-based corporation exempt from

23  federal income tax under s. 501(c)(6) of the United States

24  Internal Revenue Code, 26 U.S.C., if the primary purpose of

25  the corporation is to support the promotion of professional

26  sports and the retirement plan is either a qualified plan

27  under s. 457 of the United States Internal Revenue Code or the

28  contributions to the plan, pursuant to a ruling by the United

29  States Internal Revenue Service, are not taxable to plan

30  participants until actual receipt or withdrawal by the

31  participant.

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  1         (i)(g)  Notes and other obligations, except bonds, to

  2  the extent that such notes and obligations are secured by

  3  mortgage, deed of trust, or other lien upon real property

  4  situated outside the state.

  5         (j)(h)  The assets of a corporation registered under

  6  the Investment Company Act of 1940, 15 U.S.C. s. 80a-1-52, as

  7  amended.

  8         (k)(i)  All intangible personal property issued in or

  9  arising out of any international banking transaction and owned

10  by a banking organization.

11         (l)(j)  Units of a unit investment trust organized

12  under an agreement or declaration of trust and registered

13  under the Investment Company Act of 1940, as amended, whose

14  portfolio of assets consists solely of assets exempt under

15  this section.

16         (m)(k)  Real estate mortgage investment conduits

17  (REMIC) that are directly or indirectly secured by or payable

18  from notes and obligations that are in turn secured by a

19  mortgage, deed of trust, or other lien upon real property

20  situated in or outside of the state, including but not limited

21  to mortgage pools, participations, and derivatives and are

22  held as investments by banks or savings associations in

23  compliance with regulatory agency guidelines.

24         (2)(a)  With respect to the first mill of the annual

25  tax, every natural person is entitled each year to an

26  exemption of the first $20,000 of the value of property

27  otherwise subject to said tax.  A husband and wife filing

28  jointly shall have an exemption of $40,000.

29         (b)  With respect to the last mill of the annual tax,

30  Every natural person, Florida trust or estate, or Florida

31  corporation or partnership is entitled each year to an

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  1  exemption of the first $100,000 of the value of property

  2  otherwise subject to said tax. A husband and wife filing

  3  jointly shall have an exemption of $200,000.

  4

  5  Agents and fiduciaries, other than guardians and custodians

  6  under a gifts-to-minors act, filing as such may not claim this

  7  exemption on behalf of their principals or beneficiaries;

  8  however, if the principal or beneficiary returns the property

  9  held by the agent or fiduciary and is a natural person, the

10  principal or beneficiary may claim the exemption.  No taxpayer

11  shall be entitled to more than one exemption under paragraph

12  (a) and one exemption under paragraph (b). This exemption

13  shall not apply to that intangible personal property described

14  in s. 199.023(1)(d).

15         Section 9.  Section 199.062, Florida Statutes, is

16  amended to read:

17         199.062  Annual tax information reports.--

18         (1)  On or before April 1 of each year, each

19  corporation doing business in this state shall give its

20  Florida stockholders of record as of the preceding December 31

21  a written notice reflecting the just value of each class of

22  its stock subject to the annual tax under this chapter as of

23  the preceding January 1. Upon request by the corporation and

24  for good cause shown, the department may extend this deadline

25  for up to 45 days.  This notice shall not be binding on the

26  department and shall not prevent the department from taking

27  action with regard to any undervaluation. However, no notice

28  is required as to any class of stock:

29         (a)  Which is regularly listed on a public stock

30  exchange or traded over-the-counter, unless the shares are

31

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  1  subject to restrictions and the value returnable by the

  2  stockholder is less than the published price; or

  3         (b)  As to which the corporation has made an election

  4  under s. 199.057.

  5         (2)  Within 90 days after giving written notice to

  6  stockholders under subsection (1) On or before June 30 of each

  7  year, each corporation doing business in this state shall file

  8  with the department a copy of the any written notice to

  9  stockholders required by subsection (1).

10         (3)(a)  On or before June 30 of each year, all security

11  dealers and investment advisers registered under the laws of

12  this state shall file with the department a position statement

13  as of December 31 of the preceding year for each customer

14  whose mailing address is in this state or a statement that the

15  security dealer or investment adviser does not hold securities

16  on account for any customer whose mailing address is in this

17  state. If such a security dealer or investment adviser, at

18  least 14 days before the filing deadline, requests an

19  extension and shows good cause therefor, the department may

20  extend the deadline for up to 45 days.  The position statement

21  shall include the customer's name, address, social security

22  number, or federal identification number; the number of units,

23  value, and description, including the Committee on Uniform

24  Security Identification Procedures (CUSIP) number, if any, of

25  all securities held for the customer; and such other

26  information as the department may reasonably require.  The

27  information required by this paragraph shall be reported by

28  the dealer or investment adviser on magnetic media, using

29  specifications and instructions of the department, unless the

30  dealer or investment adviser demonstrates that an undue

31  hardship exists.

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  1         (b)1.  The department may require security dealers and

  2  investment advisers registered in this state to transmit once

  3  every 2 years a copy of the department's intangible tax

  4  brochure to each customer whose mailing address is in this

  5  state.

  6         2.  The department may require property appraisers to

  7  send, at such times and in such manner as the department and

  8  the property appraisers jointly determine, a copy of the

  9  department's intangible tax brochure to each owner of Florida

10  property.

11         (4)  All fiduciaries shall serve the department with a

12  copy of each inventory required to be prepared or filed in the

13  circuit court under general law or rules adopted by the

14  Supreme Court relating to decedent's estates, trusts, or

15  guardianships.  No such inventory required to be filed in the

16  circuit court may be approved by the court until such copy as

17  required by this subsection has been filed with the

18  department. When an inventory is not required to be filed in

19  the circuit court, the personal representative of a decedent's

20  estate shall serve the department with a copy of one inventory

21  as provided in s. 733.604, and all other fiduciaries shall

22  return such information as shall be prescribed by rule of the

23  department.

24         Section 10.  Subsection (2) of section 199.052, Florida

25  Statutes, is amended to read:

26         199.052  Annual tax returns; payment of annual tax.--

27         (2)  No person shall be required to pay the annual tax

28  in any year when the aggregate annual tax upon the person's

29  intangible personal property, after exemptions, would be less

30  than $20 $5.  In such case, an annual return is not required

31  unless the taxpayer is a corporation, a banking organization

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  1  claiming the exemption provided in s. 199.185(1)(i), or an

  2  agent or fiduciary of whom the department requires an

  3  informational return.  Agents and fiduciaries shall report for

  4  each person for whom they hold intangible personal property if

  5  the aggregate annual tax on such person is more than $20 $5.

  6         Section 11.  Section 199.057, Florida Statutes, is

  7  amended to read:

  8         199.057  Corporate election to pay stockholders' annual

  9  tax.--

10         (1)  Every corporation incorporated or qualified to do

11  business in this state may elect each tax year to pay the

12  annual tax on any class of its stock, as agent for its Florida

13  stockholders holding such stock.

14         (2)  To make the election, the corporation shall:

15         (a)  File written notice with the department on or

16  before April 15 June 30 of the year for which the election is

17  made.

18         (b)  File an annual return with respect to such stock

19  and its own intangible personal property.

20         (c)  Furnish its Florida stockholders with written

21  notice, on or before April 15 April 1 of the year for which

22  the election is made, that the election is being made,

23  including a description of the class or classes of stock which

24  are affected. An electing corporation shall certify on its

25  notice to the department that its stockholders were timely

26  notified of the election.

27         (3)  An No election is invalid shall be valid unless

28  timely notice is given to the department under paragraph

29  (2)(a). However, if the corporation, no later than April 15,

30  requests an extension of the deadline set forth in paragraph

31  (2)(c) and shows good cause therefor, the department may

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  1  extend the deadline for up to 45 days. If such an extension is

  2  granted, the written notice required under paragraph (2)(a)

  3  must be filed with the department no later than 90 days after

  4  the date by which the Florida stockholders are to be notified

  5  of the election.  Once made, an election may not be amended or

  6  revoked, and it is binding for the tax year.

  7         Section 12.  Paragraph (a) of subsection (3) of section

  8  199.282, Florida Statutes, and subsections (2) and (4) of that

  9  section are amended to read:

10         199.282  Penalties for violation of this chapter.--

11         (2)  If any annual or nonrecurring tax is not paid by

12  the statutory due date, then despite any extension granted

13  under s. 199.232(6), interest shall run on the unpaid balance

14  from such due date until paid at the rate determined under s.

15  220.807 of 12 percent per year.

16         (3)(a)  If any annual or nonrecurring tax is not paid

17  by the due date, a delinquency penalty shall be charged.  The

18  delinquency penalty shall be 5 10 percent of the delinquent

19  tax for each calendar month or portion thereof from the due

20  date until paid, up to a limit of 25 50 percent of the total

21  tax not timely paid. Upon a showing of reasonable cause for

22  failure to pay the annual or recurring tax by the due date, a

23  person is exempt from the delinquency penalty imposed under

24  this paragraph; however, the person must promptly pay the

25  unpaid balance of taxes due as soon as the reasonable cause

26  for delay no longer applies. A person is exempt from the

27  delinquency penalty if payment of the penalty would cause or

28  exacerbate financial hardship for the person.

29         (4)  If an annual tax return is filed and property is

30  either omitted from it or undervalued, then a specific penalty

31  shall be charged.  The specific penalty shall be 15 30 percent

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  1  of the tax attributable to each omitted item or to each

  2  undervaluation. No delinquency or late filing penalty shall be

  3  charged with respect to any undervaluation. The department may

  4  waive the specific penalty upon a showing that there was

  5  reasonable cause for the omission or underevaluation.

  6         Section 13.  Section 199.2825, Florida Statutes, is

  7  created to read:

  8         199.2825  Refunds, overpayments; interest on.--If a

  9  taxpayer pays more than the amount owed for any annual or

10  nonrecurring tax, the department must refund the overpayment

11  within 60 days after the tax was due or paid, whichever

12  occurred later. Interest, at a rate that is 1 percent lower

13  than the rate determined under s. 220.807, shall run on the

14  balance due the taxpayer from 60 days after the tax was due or

15  paid until the refund is paid in full.

16         Section 14.  Section 199.252, Florida Statutes, is

17  created to read:

18         199.252  Assessment of property for back taxes.--

19         (1)  When it appears that any annual or nonrecurring

20  tax might have been lawfully assessed or collected upon any

21  intangible personal property in the state, but that such tax

22  was not lawfully assessed or levied, and has not been

23  collected for any year within a period of 2 years next

24  preceding the year in which it is ascertained that such tax

25  has not been assessed, or levied, or collected, the authorized

26  officers shall make the assessment of taxes upon the property

27  in addition to the assessment of the property for the current

28  year, if appropriate, and shall assess the tax separately for

29  such property as may have escaped taxation at and upon the

30  basis of valuation applied to the property for the year or

31  years in which it escaped taxation, noting distinctly the year

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  1  when the property escaped taxation, and the assessment has the

  2  same force and effect as it would have had if it had been made

  3  in the year in which the property escaped taxation, and taxes

  4  must be levied and collected thereon in like manner and

  5  together with taxes for the current year in which the

  6  assessment is made.  However, property may not be assessed for

  7  more than 2 years' arrears of taxation under this chapter, and

  8  all property so escaping taxation is subject to such taxation

  9  to be assessed in whoever's hands or possession the property

10  is found; however, a purchaser of tangible personal property

11  acquired in good faith is not liable for the payment of back

12  taxes for any time prior to the time of his or her purchase,

13  but the individual or corporation liable for any such

14  assessment continues to be personally liable for paying the

15  arrearages.

16         (2)  This section applies to all property upon which

17  tax is assessable under this chapter.

18         Section 15.  Section 201.16, Florida Statutes, is

19  amended to read:

20         201.16  Other laws made applicable to chapter.--

21         (1)  Except as provided in subsection (2), all revenue

22  laws relating to the assessment and collection of taxes are

23  hereby extended to and made a part of this chapter, so far as

24  applicable, for the purpose of collecting stamp taxes omitted

25  through mistake or fraud from any instrument, document, paper,

26  or writing named in this chapter herein.

27         (2)  When it appears that the excise tax on documents

28  might have been lawfully assessed or collected, but that the

29  tax was not lawfully assessed or levied, and has not been

30  collected, within a period of 2 years next preceding the year

31  in which it is ascertained that the tax has not been assessed,

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  1  or levied, or collected, the authorized officers shall make

  2  the assessment of taxes upon the document at the rate

  3  prevailing in the year the document escaped taxation. This

  4  assessment in arrears has the same force and effect as it

  5  would have had if it had been made in the year in which the

  6  document escaped taxation.

  7         Section 16.  Section 201.17, Florida Statutes, is

  8  amended to read:

  9         201.17  Penalties for failure to pay tax required.--

10         (1)  Whoever makes, signs, issues, or accepts, or

11  causes to be made, signed, issued, or accepted, any

12  instrument, document, or paper of any kind or description

13  whatsoever, without the full amount of the tax herein imposed

14  thereon being fully paid, or whoever makes use of any adhesive

15  stamp to denote any tax imposed by this chapter without

16  canceling or obliterating such stamps as herein provided, is

17  guilty of a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         (2)  If any document, instrument, or paper upon which

20  the tax under this chapter is imposed, upon audit or at time

21  of recordation, does not show the proper amount of tax paid,

22  or if the tax imposed by this chapter on any document,

23  instrument, or paper is not timely reported and paid as

24  required by s. 201.133, the person or persons liable for the

25  tax upon the document, instrument, or paper shall be subject

26  to:

27         (a)  Payment of the tax not paid.

28         (b)  A specific penalty added to the tax in the amount

29  of 5 10 percent per month or part of a month of any unpaid tax

30  if the failure is for not more than 30 days, with an

31  additional 10 percent of any unpaid tax for each additional 30

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  1  days, or fraction thereof, during the time which the failure

  2  continues, not to exceed a total penalty of 25 50 percent, in

  3  the aggregate, of any unpaid tax.  In no event shall the

  4  penalty be less than $10 for failure to timely file a tax

  5  return required.  If it is determined by clear and convincing

  6  evidence that any part of a deficiency is due to fraud, there

  7  shall be added to the tax as a civil penalty, in lieu of the

  8  aforementioned penalty under this paragraph, an amount equal

  9  to 200 percent of the deficiency.  These penalties are to be

10  in addition to, and not in lieu of, any other penalties

11  imposed by law.

12         (c)  Payment of interest to the Department of Revenue,

13  accruing from the date the tax is due until paid, at the rate

14  determined under s. 220.807 of 1 percent per month, based on

15  the amount of tax not paid.

16         (3)  The department may settle or compromise any

17  interest or penalties pursuant to s. 213.21.

18         (4)  Upon a showing of reasonable cause for not timely

19  paying the tax imposed under this chapter, a person is exempt

20  from penalties under this section, but the person must

21  promptly pay the unpaid tax as soon as the reasonable cause

22  for delay no longer applies.

23         Section 17.  Section 205.053, Florida Statutes, is

24  amended to read:

25         205.053  Occupational licenses; dates due and

26  delinquent; penalties.--

27         (1)  All licenses shall be sold by the appropriate tax

28  collector beginning August 1 of each year, are due and payable

29  on or before September 30 of each year, and expire on

30  September 30 of the succeeding year.  If September 30 falls on

31  a weekend or holiday, the tax is due and payable on or before

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  1  the first working day following September 30.  Provisions for

  2  partial licenses may be made in the resolution or ordinance

  3  authorizing such licenses. Licenses that are not renewed when

  4  due and payable are delinquent and subject to a delinquency

  5  penalty of 10 percent for the month of October, plus an

  6  additional 5 percent per penalty for each subsequent month of

  7  delinquency until paid.  However, the total delinquency

  8  penalty may not exceed 25 percent of the occupational license

  9  tax for the delinquent establishment.

10         (2)  Any person who engages in or manages any business,

11  occupation, or profession without first obtaining a local

12  occupational license, if required, is subject to a penalty of

13  5 percent per month of the license fee due, not exceeding 25

14  percent in the aggregate of the license due, in addition to

15  any other penalty provided by law or ordinance.

16         (3)  Any person who engages in any business,

17  occupation, or profession covered by this chapter, who does

18  not pay the required occupational license tax within 6 months

19  150 days after the initial notice of tax due, and who does not

20  obtain the required occupational license is subject to civil

21  actions and penalties, including court costs, reasonable

22  attorneys' fees, additional administrative costs incurred as a

23  result of collection efforts, and a penalty of up to $250.

24         (4)  In order to impose a local occupational license

25  tax for a license that was required to be obtained or renewed

26  in any year preceding the current year, but was not obtained

27  or renewed, the appropriate tax collector must have discovered

28  the failure to pay the required tax and must have given notice

29  of delinquency to the licensee within 2 years after the date

30  on which the license should have been obtained or renewed.

31

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  1         Section 18.  Paragraph (a) of subsection (2) and

  2  subsection (4) of section 212.12, Florida Statutes, are

  3  amended to read:

  4         212.12  Dealer's credit for collecting tax; penalties

  5  for noncompliance; powers of Department of Revenue in dealing

  6  with delinquents; brackets applicable to taxable transactions;

  7  records required.--

  8         (2)(a)  When any person, firm, or corporation required

  9  hereunder to make any return or to pay any tax or fee imposed

10  by this chapter fails to timely file such return or fails to

11  pay the tax or fee due within the time required hereunder, in

12  addition to all other penalties provided herein and by the

13  laws of this state in respect to such taxes or fees, a

14  specific penalty shall be added to the tax or fee in the

15  amount of 5 10 percent per month or part of a month of any

16  unpaid tax or fee if the failure is for not more than 30 days,

17  with an additional 10 percent of any unpaid tax or fee for

18  each additional 30 days, or fraction thereof, during the time

19  which the failure continues, not to exceed a total penalty of

20  25 50 percent, in the aggregate, of any unpaid tax or fee.  In

21  no event may The penalty may not be less than $10 for failure

22  to timely file a tax return required by s. 212.11(1)(b) or $5

23  for failure to timely file a tax return authorized by s.

24  212.11(1)(c) or (d), if tax is owed. There is no penalty for a

25  taxpayer's failing to make a return under this chapter for a

26  period in which he or she owes no taxes under this chapter.

27  In the case of a false or fraudulent return or a willful

28  intent to evade payment of any tax or fee imposed under this

29  chapter, in addition to the other penalties provided by law,

30  the person making such false or fraudulent return or willfully

31  attempting to evade the payment of such a tax or fee shall be

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  1  liable for a specific penalty of 100 percent of the tax bill

  2  or fee and for fine and punishment as provided by law for a

  3  conviction of a misdemeanor of the first degree.

  4         (4)(a)  All penalties and interest imposed by this

  5  chapter shall be payable to and collectible by the department

  6  in the same manner as if they were a part of the tax imposed.

  7  The department may settle or compromise any such interest or

  8  penalties pursuant to s. 213.21.

  9         (b)  Upon a showing of reasonable cause for failure to

10  make a required return or to pay taxes owed under this

11  chapter, the person or entity that is required to make the

12  return or pay the taxes is exempt from penalties and interest

13  under this chapter; however, the person or entity must

14  promptly make the return and pay the delinquent taxes as soon

15  as the reasonable cause no longer applies.

16         Section 19.  Section 212.125, Florida Statutes, is

17  created to read:

18         212.125  Refunds, overpayments; interest on.--If a

19  taxpayer pays more than the amount owed for taxes imposed

20  under this chapter, the department must refund the overpayment

21  within 60 days after the tax was due or paid, whichever

22  occurred later. Interest, at a rate 1 percent lower than the

23  adjusted rate determined under s. 220.807, shall run on the

24  balance due the taxpayer from 60 days after the tax was due or

25  paid until the refund is paid in full.

26         Section 20.  Section 220.211, Florida Statutes, is

27  amended to read:

28         220.211  Penalties; incomplete return.--

29         (1)  If In the case where an incomplete return is made,

30  unless notwithstanding that no tax is finally determined to be

31  due for the taxable year, there shall be added to the amount

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  1  of tax, penalty, and interest otherwise due a penalty in the

  2  amount of 5 percent per month, not exceeding an aggregate of

  3  $300 or 10 percent, of the tax finally determined to be due,

  4  whichever is greater; however, such a penalty must shall not

  5  exceed $10,000, and the taxpayer is exempt from this penalty

  6  if a penalty is imposed on him or her under s. 220.801 with

  7  respect to the same return.  The department may settle or

  8  compromise such penalties pursuant to s. 213.21.

  9         (2)  As used in An "incomplete return" is, for the

10  purposes of this code, the term "incomplete return" means a

11  return that lacks which is lacking such uniformity,

12  completeness, and arrangement to the extent that physical

13  handling, verification, or review of the return may not be

14  readily accomplished.

15         Section 21.  Section 220.222, Florida Statutes, is

16  amended to read:

17         220.222  Returns; time and place for filing.--

18         (1)  Returns required by this code shall be filed with

19  the office of the department in Leon County or at such other

20  place as the department may by regulation prescribe. All

21  returns required for a DISC (Domestic International Sales

22  Corporation) under paragraph 6011(c)(2) of the Internal

23  Revenue Code shall be filed on or before the 1st day of the

24  10th month following the close of the taxable year; all

25  partnership information returns shall be filed on or before

26  the 1st day of the 5th month following the close of the

27  taxable year; and all other returns shall be filed on or

28  before the 1st day of the 4th month following the close of the

29  taxable year or the 15th day following the due date, without

30  extension, for the filing of the related federal return for

31  the taxable year, unless under subsection (2) one or more

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  1  extensions of time, not to exceed 6 months in the aggregate,

  2  for any such filing is granted.

  3         (2)(a)  When a taxpayer has been granted an extension

  4  or extensions of time within which to file its federal income

  5  tax return for any taxable year, and if the requirements of s.

  6  220.32 are met, the filing of a written request for such

  7  extension or extensions with the department shall

  8  automatically extend the due date of the return required under

  9  this code is automatically extended until 15 days after the

10  expiration of the federal extension, provided that the

11  taxpayer has sent to the department, by the original due date

12  of the return, a copy of the taxpayer's application for a

13  federal extension. If the taxpayer does not timely send a copy

14  of the federal application to the department, the department

15  may deny the extension of time for filing a return required

16  under this code, and may impose penalties for late filing

17  which are otherwise prescribed by law or until the expiration

18  of 6 months from the original due date, whichever first

19  occurs.

20         (b)  The department may grant an extension or

21  extensions of time for the filing of any return required under

22  this code upon receiving a prior written request therefor if

23  good cause for an extension is shown.  However, the aggregate

24  extensions of time under paragraphs (a) and (b) shall not

25  exceed 6 months. No extension granted under this paragraph

26  shall be valid unless the taxpayer complies with the

27  requirements of s. 220.32.

28         Section 22.  Paragraph (a) of subsection (2) of section

29  220.34, Florida Statutes, is amended to read:

30         220.34  Special rules relating to estimated tax.--

31

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  1         (2)  No interest or penalty shall be due or paid with

  2  respect to a failure to pay estimated taxes except the

  3  following:

  4         (a)  Except as provided in paragraph (d), the taxpayer

  5  shall be liable for interest at the rate determined under s.

  6  220.807 of 12 percent per year and for a penalty in an amount

  7  computed determined at the rate determined under s. 220.807 of

  8  12 percent per year upon the amount of any underpayment of

  9  estimated tax determined under this subsection.

10         Section 23.  Section 220.723, Florida Statutes, is

11  amended to read:

12         220.723  Overpayments; interest.--

13         (1)  The department must refund Interest shall be

14  allowed and paid in accordance with the provisions of s.

15  220.807 upon any overpayment of a tax imposed by this chapter

16  within 60 days after the tax was due or paid, whichever

17  occurred later. However, if any overpayment is refunded or

18  credited within 3 months after the date upon which the

19  taxpayer files written notice advising the department of such

20  overpayment, no interest shall be allowed on such overpayment.

21         (2)  Interest, at a rate that is 1 percent lower than

22  the rate determined under s. 220.807, shall run on the balance

23  due the taxpayer from 60 days after the tax was due or accrue

24  from the date upon which the taxpayer files a written notice

25  advising the department of the overpayment.  Interest shall be

26  paid until such date as determined by the department, which

27  shall be no more than 7 days prior to the date of the issuance

28  by the Comptroller of the refund is paid in full warrant.

29         (3)  For purposes of this section, a payment no amount

30  of tax for any taxable year may not shall be treated as having

31  been paid before the date on which the tax return for that

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  1  such year was due under applicable law or the date the payment

  2  was actually made, whichever is later.

  3         Section 24.  Section 220.737, Florida Statutes, is

  4  amended to read:

  5         220.737  Amounts less than $20 $1.--A taxpayer need not

  6  file a tax return, or pay any tax, under this chapter if the

  7  amount that the taxpayer owes under this chapter is less than

  8  $20.

  9         (1)  The department may by regulation provide that if a

10  total amount of less than $1 is payable, refundable, or

11  creditable, such amount either may be disregarded or shall be

12  disregarded if it is less than 50 cents and increased to $1 if

13  it is 50 cents or more.

14         (2)  The department may by regulation provide that any

15  amount which is required to be shown or reported on any return

16  or other document required under this chapter shall, if such

17  amount is not a whole dollar, be increased to the nearest

18  whole dollar when the fractional part of a dollar is 50 cents

19  or more and decreased to the nearest whole dollar when the

20  fractional part of a dollar is less than 50 cents.

21         Section 25.  Section 220.801, Florida Statutes, is

22  amended to read:

23         220.801  Penalties; failure to timely file returns.--

24         (1)  In case of failure to file any tax return required

25  under this chapter on the date prescribed therefor, including

26  any extensions thereof, there must shall be added as a penalty

27  to the amount of tax due with such a return a penalty in the

28  amount of 5 10 percent of the amount of the such tax, if the

29  failure is not for more than 1 month, plus an additional 10

30  percent for each additional month or fraction thereof during

31  which the such failure continues, not exceeding 25 50 percent

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  1  in the aggregate. The department may settle or compromise such

  2  penalties pursuant to s. 213.21. There is no penalty for a

  3  taxpayer's failing to file a return under this chapter for a

  4  period in which he or she owes no taxes under this chapter.

  5  For purposes of this section, the amount of tax due with any

  6  return must shall be reduced by any part of the tax which is

  7  paid on or before the date prescribed for payment of the tax

  8  and by the amount of any credit against the tax which was

  9  properly allowable on the date the return was required to be

10  filed.

11         (2)  In case of failure to file any tax return required

12  by this chapter, notwithstanding that no tax is shown to be

13  due thereon, a penalty in the amount of $50 for each month or

14  portion thereof, not to exceed $300 in the aggregate, shall be

15  assessed and paid for each such failure to file.  This

16  subsection shall only apply to corporations when they also are

17  required to file a federal income tax return.

18         (3)  If any penalty is assessed under subsection (1)

19  for failure to file a return by the prescribed date, no

20  penalty under subsection (2) for failure to file a return with

21  no tax shown to be due shall be assessed with respect to the

22  same return.

23         (2)(4)  The provisions of This section shall

24  specifically applies apply to the notice of federal change

25  required under s. 220.23, and to any tax returns required

26  under chapter 221, relating to the emergency excise tax.

27         Section 26.  Section 220.8051, Florida Statutes, is

28  created to read:

29         220.8051  Waiver of penalties.--Upon a showing of

30  reasonable cause for a taxpayer's filing of an incomplete

31  return or failure to timely file a return required or pay tax

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  1  owed under this chapter, the department shall waive the

  2  applicable penalties; however, the taxpayer must promptly file

  3  the return and pay the overdue tax as soon as the reasonable

  4  cause no longer applies.

  5         Section 27.  Section 220.809, Florida Statutes, is

  6  amended to read:

  7         220.809  Interest on deficiencies.--

  8         (1)  If any amount of tax imposed by this chapter is

  9  not paid on or before the date, determined without regard to

10  any extensions, prescribed for payment of that such tax,

11  interest must shall be paid in accordance with the provisions

12  of s. 220.807 on the unpaid amount from the due such date to

13  the date of payment.

14         (2)  Interest prescribed by this section on any tax or

15  penalty is considered to shall be deemed assessed upon the

16  assessment of the tax or penalty to which the such interest

17  relates, and must shall be collected and paid in the same

18  manner as taxes.  Any reference in this chapter to the tax

19  imposed by this chapter is to shall be considered deemed a

20  reference to interest imposed by this section.

21         (3)  No Interest may not shall be imposed upon the

22  interest provided by this section or upon any penalty imposed

23  under this chapter.

24         (4)  Interest shall be paid in respect to any penalty

25  which is not paid within 20 days of the notice and demand

26  therefor, but only for the period from the date of the notice

27  and demand to the date of payment.

28         (4)(5)  If notice and demand is made for the payment of

29  any amount due under this chapter, and if that such amount is

30  paid within 30 days after the date of the such notice and

31  demand, interest under this section on the amount so paid

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  1  shall not be imposed for the period after the date of the such

  2  notice and demand.

  3         (6)  Any tax, interest, or penalty imposed by this

  4  chapter which has been erroneously refunded and which is

  5  recoverable by the department shall bear interest computed as

  6  provided in s. 220.807 from the date of payment of such

  7  refund.

  8         (5)(7)  The department may settle or compromise

  9  interest imposed under this section herein pursuant to s.

10  213.21.

11         Section 28.  Section 221.02, Florida Statutes, is

12  amended to read:

13         221.02  Credit for emergency excise tax paid.--The

14  emergency excise tax paid pursuant to s. 221.01 plus any

15  credit or carryover properly applied to reduce the amount of

16  the emergency excise tax due for the taxable year shall be

17  allowed as a credit against the emergency excise tax, if any,

18  to be charged and collected pursuant to this chapter for the

19  return filed for the fifth taxable year following the taxable

20  year for which the tax was paid or, if earlier, the taxable

21  year for which a final return is required.  To the extent that

22  the credit exceeds the emergency excise tax, if any, for the

23  return filed for the fifth taxable year following the taxable

24  year for which the tax was paid or, if earlier, the taxable

25  year for which a final return is required, such excess shall

26  be allowed as a reduction of, and credit against, any tax

27  imposed by chapter 220 upon the taxpayer for the fifth taxable

28  year following the taxable year for which the tax was paid or,

29  if earlier, the taxable year for which a final return is

30  required.  If the taxpayer is unable to fully utilize the

31  credit in the year in which it is first allowed, it may be

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  1  carried over until the credit is fully used to each of the 5

  2  taxable years immediately thereafter.

  3         Section 29.  Subsection (4) of section 236.081, Florida

  4  Statutes, is amended to read:

  5         236.081  Funds for operation of schools.--If the annual

  6  allocation from the Florida Education Finance Program to each

  7  district for operation of schools is not determined in the

  8  annual appropriations act or the substantive bill implementing

  9  the annual appropriations act, it shall be determined as

10  follows:

11         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

12  EFFORT.--The Legislature shall prescribe the aggregate

13  required local effort for all school districts collectively as

14  an item in the General Appropriations Act for each fiscal

15  year, but the aggregate required local effort may not exceed

16  an amount that, based on the most current information

17  available, would result in an aggregate required-local-effort

18  millage in excess of 6.029 mills. The amount that each

19  district shall provide annually toward the cost of the Florida

20  Education Finance Program for kindergarten through grade 12

21  programs shall be calculated as follows:

22         (a)  Estimated taxable value calculations.--

23         1.a.  Not later than 2 working days prior to July 19,

24  the Department of Revenue shall certify to the Commissioner of

25  Education its most recent estimate of the taxable value for

26  school purposes in each school district and the total for all

27  school districts in the state for the current calendar year

28  based on the latest available data obtained from the local

29  property appraisers. Not later than July 19, the commissioner

30  shall compute a millage rate, rounded to the next highest one

31  one-thousandth of a mill, which, when applied to 95 percent of

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  1  the estimated state total taxable value for school purposes,

  2  would generate the prescribed aggregate required local effort

  3  for that year for all districts. The commissioner shall

  4  certify to each district school board the millage rate,

  5  computed as prescribed in this subparagraph, as the minimum

  6  millage rate necessary to provide the district required local

  7  effort for that year.

  8         b.  For the 1997-1998 fiscal year only, the General

  9  Appropriations Act may direct the computation of the statewide

10  adjusted aggregate amount for required local effort for all

11  school districts collectively from ad valorem taxes to ensure

12  that no school district's revenue from required local effort

13  millage will produce more than 90 percent of the district's

14  total Florida Education Finance Program calculation, and the

15  adjustment of the required local effort millage rate of each

16  district that produces more than 90 percent of its total

17  Florida Education Finance Program entitlement to a level that

18  will produce only 90 percent of its total Florida Education

19  Finance Program entitlement.  This sub-subparagraph is

20  repealed on July 1, 1998, unless enacted in other legislation.

21         2.  As revised data are received from property

22  appraisers, the Department of Revenue shall amend the

23  certification of the estimate of the taxable value for school

24  purposes.  The Commissioner of Education, in administering the

25  provisions of subparagraph (10)(a)2., shall use the most

26  recent taxable value for the appropriate year.

27         (b)  Final calculation.--

28         1.  The Department of Revenue shall, upon receipt of

29  the official final assessed value of property from each of the

30  property appraisers, certify to the commissioner the taxable

31  value total for school purposes in each school district,

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  1  subject to the provisions of paragraph (d). The commissioner

  2  shall use the official final taxable value for school purposes

  3  for each school district in the final calculation of the

  4  annual K-12 Florida Education Finance Program allocations.

  5         2.  For the purposes of this paragraph, the official

  6  final taxable value for school purposes shall be the taxable

  7  value for school purposes on which the tax bills are computed

  8  and mailed to the taxpayers, adjusted to reflect final

  9  administrative actions of value adjustment boards and judicial

10  decisions pursuant to part I of chapter 194. By September 1 of

11  each year, the Department of Revenue shall certify to the

12  commissioner the official prior year final taxable value for

13  school purposes. For each county that has not submitted a

14  revised tax roll reflecting final value adjustment board

15  actions and final judicial decisions, the Department of

16  Revenue shall certify the most recent revision of the official

17  taxable value for school purposes. The certified value shall

18  be the final taxable value for school purposes and no further

19  adjustments shall be made, except those made pursuant to

20  subparagraph (10)(a)2.

21         (c)  Equalization of required local effort.--

22         1.  The Department of Revenue shall include with its

23  certifications provided pursuant to paragraph (a) its most

24  recent determination of the assessment level of the prior

25  year's assessment roll for each county and for the state as a

26  whole.

27         2.  The commissioner shall adjust the required local

28  effort millage of each district for the current year, computed

29  pursuant to paragraph (a), as follows:

30         a.  The equalization factor for the prior year's

31  assessment roll of each district shall be multiplied by 95

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    Florida Senate - 1998                                  SB 1388
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  1  percent of the taxable value for school purposes shown on that

  2  roll and by the prior year's required local-effort millage,

  3  exclusive of any equalization adjustment made pursuant to this

  4  paragraph. The dollar amount so computed shall be the

  5  additional required local effort for equalization for the

  6  current year.

  7         b.  Such equalization factor shall be computed as the

  8  quotient of the prior year's assessment level of the state as

  9  a whole divided by the prior year's assessment level of the

10  county, from which quotient shall be subtracted 1.

11         c.  The dollar amount of additional required local

12  effort for equalization for each district shall be converted

13  to a millage rate, based on 95 percent of the current year's

14  taxable value for that district, and added to the required

15  local effort millage determined pursuant to paragraph (a).

16         3.  Notwithstanding the limitations imposed pursuant to

17  s. 236.25(1), the total required local-effort millage,

18  including additional required local effort for equalization,

19  shall be an amount not to exceed 10 minus the maximum millage

20  allowed as nonvoted discretionary millage, exclusive of

21  millage authorized pursuant to s. 236.25(2). Nothing herein

22  shall be construed to allow a millage in excess of that

23  authorized in s. 9, Art. VII of the State Constitution.

24         4.  For the purposes of this chapter, the term

25  "assessment level" means the value-weighted mean assessment

26  ratio for the county or state as a whole, as determined

27  pursuant to s. 195.096, or as subsequently adjusted. In the

28  event a court has adjudicated that the department failed to

29  establish an accurate estimate of an assessment level of a

30  county and recomputation resulting in an accurate estimate

31  based upon the evidence before the court was not possible,

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    Florida Senate - 1998                                  SB 1388
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  1  that county shall be presumed to have an assessment level

  2  equal to that of the state as a whole.

  3         5.  If, in the prior year, taxes were levied against an

  4  interim assessment roll pursuant to s. 193.1145, the

  5  assessment level and prior year's nonexempt assessed valuation

  6  used for the purposes of this paragraph shall be those of the

  7  interim assessment roll.

  8         (d)  Exclusion.--In those instances in which:

  9         1.  There is litigation either attacking the authority

10  of the property appraiser to include certain property on the

11  tax assessment roll as taxable property or contesting the

12  assessed value of certain property on the tax assessment roll;

13  and

14         2.  The assessed value of the property in contest

15  involves more than 10 percent of the total nonexempt

16  assessment roll;

17

18  the assessed value of the property in contest shall be

19  excluded from the taxable value for school purposes for

20  purposes of computing the district required local effort.

21         (e)  Recomputation.--Following final adjudication of

22  any litigation on the basis of which an adjustment in taxable

23  value was made pursuant to paragraph (d), the department shall

24  recompute the required local effort for each district for each

25  year affected by such adjustments, utilizing taxable values

26  approved by the court, and shall adjust subsequent allocations

27  to such districts accordingly.

28         Section 30.  For the 1998-1999 fiscal year only, the

29  base student allocation determined under section 236.081(1),

30  Florida Statutes, may not be less than the base student

31

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    Florida Senate - 1998                                  SB 1388
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  1  allocation in the 1997-1998 fiscal year adjusted for

  2  inflation.

  3         Section 31.  This act shall take effect July 1, 1998.

  4

  5            *****************************************

  6                          SENATE SUMMARY

  7    Revises provisions relating to penalties and interest
      payable on taxes owed on real and personal property, on
  8    excise taxes owed, on occupational license taxes, and on
      the tax on sales, use, and other transactions. Eliminates
  9    penalties for failure to file a tax return if no tax is
      due. Provides for further extensions of time to file
10    certain taxes. Provides a reasonable-cause exception from
      specified taxes. Decreases statutes of limitation for
11    assessment of taxes in certain circumstances. Eliminates
      the tolling of the statute of limitations for certain
12    causes. Exempts from the nonrecurring tax on certain
      documents transfers made as part of a dissolution of
13    marriage. Provides other exemptions from specified taxes.
      Reduces the aggregate required-local-effort millage rate
14    for school funding and provides a minimum base student
      allocation for fiscal year 1998-1999.
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