House Bill 1427

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    Florida House of Representatives - 1997                HB 1427

        By Representative Arnall






  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, 199.143,

  5         199.185, 199.282, 201.16, 201.17, 205.053,

  6         212.02, 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         defining the term "a residence of the borrower"

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  1         for purposes of placing restrictions on paying

  2         nonrecurring taxes; increasing the amounts of

  3         certain exemptions from the annual and

  4         nonrecurring taxes on certain property;

  5         allowing extensions of deadlines for providing

  6         certain annual tax information reports;

  7         increasing the minimum amount of taxes that

  8         must be owed before a tax return must be filed;

  9         allowing an extension of the deadline by which

10         a corporation must elect to pay the annual tax

11         on behalf of its stockholders and specifying

12         conditions for making such election; exempting

13         taxpayers from paying certain taxes upon a

14         showing of reasonable cause, for so long as the

15         reasonable cause applies; providing exceptions

16         to payment of certain taxes or penalties;

17         allowing certain penalties to be waived;

18         providing for payment on interest by the state

19         with respect to overpayments of taxes;

20         prescribing limitations upon the assessment of

21         back taxes; prescribing penalties for failing

22         to pay taxes; providing exemptions from

23         specified taxes; providing for the

24         establishment of a cost-price amount for the

25         purpose of sales and use taxation; limiting the

26         aggregate amount of certain penalties that may

27         be imposed; providing that a federal extension

28         of the deadline for paying certain taxes acts

29         as a state extension, under specified

30         conditions; deleting the requirement to pay

31         interest on certain penalties; providing for

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  1         credits for emergency excise taxes to be

  2         carried over; providing an effective date.

  3

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

  5

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

  7  Florida Statutes, are amended to read:

  8         95.091  Limitation on actions to collect taxes.--

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

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

11  the Department of Revenue may determine and assess the amount

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

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

14  Department of Business and Professional Regulation may

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

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

17  has authority to administer:

18         a.  For taxes due before July 1, 1997, within 5 years

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

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

21  and for taxes due on or after July 1, 1997, within 3 years

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

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

24         b.  For taxes due before July 1, 1997, within 6 years

25  after the date the taxpayer either makes a substantial

26  underpayment of tax, or files a substantially incorrect

27  return;

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

29  of the tax is available to the taxpayer;

30         d.  For taxes due before July 1, 1997, at any time

31  after the taxpayer has filed a grossly false return;

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

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

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

  4  except that for taxes due on or after July 1, 1997, the

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

  6  taxpayer has disclosed in writing the tax liability to the

  7  department before the department has given the taxpayer notice

  8  of that liability; or

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

10  tax erroneously made for any reason:

11         (I)  For taxes due before July 1, 1997, within 5 years

12  after making such refund; and

13         (II)  For taxes due on or after July 1, 1997, within 3

14  years after making such refund,

15

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

17  part of the refund was induced by fraud or the

18  misrepresentation of a material fact.

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

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

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

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

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

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

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

26  1, 1997, if the Department of Revenue has issued a notice of

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

28  account within the applicable period of time as specified in

29  this subsection.  The department shall commence an audit

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

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

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

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

  3  tolling period shall terminate.

  4         (4)  If administrative or judicial proceedings for

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

  6  taxpayer begun within the a period of limitation prescribed in

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

  8  the pendency of the proceeding. Administrative proceedings

  9  shall include taxpayer protest proceedings initiated under s.

10  213.21 and department rules. No additional interest or penalty

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

12  after the expiration of the time limitation prescribed in this

13  section except for the period during which the liability is

14  the subject of a proceeding under chapter 72.

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

16  Statutes, is amended to read:

17         193.062  Dates for filing returns.--All returns shall

18  be filed according to the following schedule:

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

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

21  of general law.

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

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

24         (4)  All other returns and applications not otherwise

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

26  1.

27         Section 3.  Section 193.063, Florida Statutes, is

28  amended to read:

29         193.063  Extension of date for filing tangible personal

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

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

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

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

  3  property appraiser to consider the request and act on it

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

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

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

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

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

  9  should be granted.

10         Section 4.  Section 194.192, Florida Statutes, 1996

11  Supplement, is amended to read:

12         194.192  Costs; interest on unpaid taxes; penalty.--

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

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

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

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

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

18  the taxpayer for the deficiency and for interest on the

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

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

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

22  admitted to be owing is grossly disproportionate to the amount

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

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

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

26  date the tax became delinquent.

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

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

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

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

31

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

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

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

  4  Statutes, is amended to read:

  5         197.172  Interest rate; calculation and minimum.--

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

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

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

  9  under chapter 95.

10         (b)  Overpayments of personal property taxes shall bear

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

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

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

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

15  in full.

16         Section 6.  Section 199.133, Florida Statutes, is

17  amended to read:

18         199.133  Levy of nonrecurring tax; relationship to

19  annual tax.--

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

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

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

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

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

25  and collected as provided by this chapter.

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

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

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

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

30  obligation is secured by personal property or by real property

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

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

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

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

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

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

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

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

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

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

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

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

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

13  nonrecurring tax exceed in value the value of the real

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

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

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

17  tax unless otherwise exempt.

18         (3)  There is exempt from the tax imposed under this

19  section any document of the type described in subsection (1)

20  which pertains to transferring property between spouses or

21  former spouses in conjunction with an action for the

22  dissolution of their marriage.

23         Section 7.  Notwithstanding the provisions of chapter

24  199, Florida Statutes, the maximum tax under that chapter on

25  any nonsecured loan is $1,000.

26         Section 8.  Section 199.143, Florida Statutes, is

27  amended to read:

28         199.143  Future advances.--

29         (1)  Except as provided in subsection (3), if the

30  mortgage, deed of trust, or other lien is recorded or executed

31  after December 31, 1985, and secures a line of credit or

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  1  otherwise secures future advances, as provided in s. 697.04,

  2  the nonrecurring tax shall initially be paid on the initial

  3  obligation secured, excluding future advances. Each time an

  4  additional amount is borrowed or a future advance is made,

  5  additional nonrecurring tax shall be paid on the amount of the

  6  advance.  However, any increase in the amount of original

  7  indebtedness caused by interest accruing under an adjustable

  8  interest rate obligation having an initial interest rate

  9  adjustment interval of not less than 6 months shall be taxable

10  as a future advance only to the extent such increase is a

11  computable sum certain when the original indebtedness is

12  incurred.

13         (2)  The trustee, if a deed of trust, or the owner of

14  the obligation, if a mortgage or other lien, making the

15  advance shall pay the additional tax to the clerk to whom the

16  initial tax was paid.  The clerk shall note the amount

17  received upon the instrument, if one has been recorded, or

18  shall otherwise give a receipt.

19         (3)  If the property subject to the mortgage, deed of

20  trust, or other lien which secures a line of credit is a

21  residence of the borrower at the time the mortgage, deed of

22  trust, or other lien is created, then the nonrecurring tax

23  shall be paid as provided in s. 199.135 on the maximum amount

24  of the line of credit and no further nonrecurring tax shall be

25  due on any borrowing under the line of credit. As used in this

26  subsection, the term "a residence of the borrower" includes

27  only a dwelling unit that is a primary, secondary, or vacation

28  home of the borrower, who is a natural person, and that has

29  been primarily occupied for residential or recreational

30  purposes at any time during the immediately preceding 1-year

31  period by the borrower or by the borrower's spouse or

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  1  children. The term excludes any dwelling that is used

  2  primarily as a rental unit or used by a member of the

  3  borrower's immediate family for consideration. Notwithstanding

  4  the fact that a dwelling unit is held by a trustee, the

  5  dwelling unit will be considered to be a residence of the

  6  borrower and may be used as security for a line of credit

  7  under this subsection, as long as the dwelling unit is a

  8  residence of the borrower as defined in this subsection.

  9         Section 9.  Subsections (1) and (2) of section 199.185,

10  Florida Statutes, 1996 Supplement, are amended to read:

11         199.185  Property exempted from annual and nonrecurring

12  taxes.--

13         (1)  The following intangible personal property shall

14  be exempt from the annual and nonrecurring taxes imposed by

15  this chapter:

16         (a)  Money.

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

18  association, investment and securities company, or other

19  financial institution.

20         (c)(b)  Franchises.

21         (d)(c)  Any interest as a partner in a partnership,

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

23  limited partner in a limited partnership registered with the

24  Securities and Exchange Commission pursuant to the Securities

25  Act of 1933, as amended.

26         (e)(d)  Notes, bonds, and other obligations issued by

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

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

29  its agencies.

30         (f)(e)  Intangible personal property held in trust

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

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  1  or any individual retirement account which is qualified under

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

  3  26 U.S.C. ss. 401 and 408, as amended.

  4         (g)(f)  Intangible personal property held under a

  5  retirement plan of a Florida-based corporation exempt from

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

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

  8  the corporation is to support the promotion of professional

  9  sports and the retirement plan is either a qualified plan

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

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

12  States Internal Revenue Service, are not taxable to plan

13  participants until actual receipt or withdrawal by the

14  participant.

15         (h)(g)  Notes and other obligations, except bonds, to

16  the extent that such notes and obligations are secured by

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

18  situated outside the state.

19         (i)(h)  The assets of a corporation registered under

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

21  amended.

22         (j)(i)  All intangible personal property issued in or

23  arising out of any international banking transaction and owned

24  by a banking organization.

25         (k)(j)  Units of a unit investment trust organized

26  under an agreement or declaration of trust and registered

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

28  portfolio of assets consists solely of assets exempt under

29  this section.

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

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

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

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

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

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

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

  6  corporation or partnership is entitled each year to an

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

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

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

10

11  Agents and fiduciaries, other than guardians and custodians

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

13  exemption on behalf of their principals or beneficiaries;

14  however, if the principal or beneficiary returns the property

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

16  principal or beneficiary may claim the exemption.  No taxpayer

17  shall be entitled to more than one exemption under paragraph

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

19  shall not apply to that intangible personal property described

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

21         Section 10.  Section 199.062, Florida Statutes, is

22  amended to read:

23         199.062  Annual tax information reports.--

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

25  corporation doing business in this state shall give its

26  Florida stockholders of record as of the preceding December 31

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

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

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

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

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

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  1  department and shall not prevent the department from taking

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

  3  is required as to any class of stock:

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

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

  6  subject to restrictions and the value returnable by the

  7  stockholder is less than the published price; or

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

  9  under s. 199.057.

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

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

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

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

14  stockholders required by subsection (1).

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

16  dealers and investment advisers registered under the laws of

17  this state shall file with the department a position statement

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

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

20  security dealer or investment adviser does not hold securities

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

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

23  least 14 days before the filing deadline, requests an

24  extension and shows good cause therefor, the department may

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

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

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

28  value, and description, including the Committee on Uniform

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

30  all securities held for the customer; and such other

31  information as the department may reasonably require.  The

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  1  information required by this paragraph shall be reported by

  2  the dealer or investment adviser on magnetic media, using

  3  specifications and instructions of the department, unless the

  4  dealer or investment adviser demonstrates that an undue

  5  hardship exists.

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

  7  investment advisers registered in this state to transmit once

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

  9  brochure to each customer whose mailing address is in this

10  state.

11         2.  The department may require property appraisers to

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

13  the property appraisers jointly determine, a copy of the

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

15  property.

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

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

18  circuit court under general law or rules adopted by the

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

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

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

22  required by this subsection has been filed with the

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

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

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

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

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

28  department.

29         Section 11.  Subsection (2) of section 199.052, Florida

30  Statutes, 1996 Supplement, is amended to read:

31         199.052  Annual tax returns; payment of annual tax.--

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

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

  3  intangible personal property, after exemptions, would be less

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

  5  unless the taxpayer is a corporation, a banking organization

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

  7  agent or fiduciary of whom the department requires an

  8  informational return.  Agents and fiduciaries shall report for

  9  each person for whom they hold intangible personal property if

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

11         Section 12.  Section 199.057, Florida Statutes, is

12  amended to read:

13         199.057  Corporate election to pay stockholders' annual

14  tax.--

15         (1)  Every corporation incorporated or qualified to do

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

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

18  stockholders holding such stock.

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

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

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

22  made.

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

24  and its own intangible personal property.

25         (c)  Furnish its Florida stockholders with written

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

27  the election is made, that the election is being made,

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

29  are affected. An electing corporation shall certify on its

30  notice to the department that its stockholders were timely

31  notified of the election.

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

  2  timely notice is given to the department under paragraph

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

  4  requests an extension of the deadline set forth in paragraph

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

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

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

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

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

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

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

12         Section 13.  Paragraph (a) of subsection (3) of section

13  199.282, Florida Statutes, and subsections (2) and (4) of that

14  section are amended to read:

15         199.282  Penalties for violation of this chapter.--

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

17  the statutory due date, then despite any extension granted

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

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

20  220.807 of 12 percent per year.

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

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

23  delinquency penalty shall be 5 10 percent of the delinquent

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

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

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

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

28  person is exempt from the delinquency penalty imposed under

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

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

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

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  1  delinquency penalty if payment of the penalty would cause or

  2  exacerbate financial hardship for the person.

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

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

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

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

  7  undervaluation. No delinquency or late filing penalty shall be

  8  charged with respect to any undervaluation. The department may

  9  waive the specific penalty upon a showing that there was

10  reasonable cause for the omission or underevaluation.

11         Section 14.  Section 199.2825, Florida Statutes, is

12  created to read:

13         199.2825  Refunds, overpayments; interest on.--If a

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

15  nonrecurring tax, the department must refund the overpayment

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

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

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

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

20  paid until the refund is paid in full.

21         Section 15.  Section 199.252, Florida Statutes, is

22  created to read:

23         199.252  Assessment of property for back taxes.--

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

25  tax might have been lawfully assessed or collected upon any

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

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

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

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

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

31  officers shall make the assessment of taxes upon the property

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

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

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

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

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

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

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

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

  9  must be levied and collected thereon in like manner and

10  together with taxes for the current year in which the

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

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

13  all property so escaping taxation is subject to such taxation

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

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

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

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

18  but the individual or corporation liable for any such

19  assessment continues to be personally liable for paying the

20  arrearages.

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

22  tax is assessable under this chapter.

23         Section 16.  Section 201.16, Florida Statutes, is

24  amended to read:

25         201.16  Other laws made applicable to chapter.--

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

27  laws relating to the assessment and collection of taxes are

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

29  applicable, for the purpose of collecting stamp taxes omitted

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

31  or writing named in this chapter herein.

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

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

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

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

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

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

  7  the assessment of taxes upon the document at the rate

  8  prevailing in the year the document escaped taxation. This

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

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

11  document escaped taxation.

12         Section 17.  Section 201.17, Florida Statutes, 1996

13  Supplement, as amended by section 15 of chapter 96-395, Laws

14  of Florida, is amended to read:

15         201.17  Penalties for failure to pay tax required.--

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

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

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

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

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

21  stamp to denote any tax imposed by this chapter without

22  canceling or obliterating such stamps as herein provided, is

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

24  provided in s. 775.082 or s. 775.083.

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

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

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

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

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

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

31

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

  2  to:

  3         (a)  Payment of the tax not paid.

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

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

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

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

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

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

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

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

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

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

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

15  aforementioned penalty under this paragraph, an amount equal

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

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

18  imposed by law.

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

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

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

22  the amount of tax not paid.

23         (3)  The department may settle or compromise any

24  interest or penalties pursuant to s. 213.21.

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

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

27  from penalties under this section, but the person must

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

29  for delay no longer applies.

30         Section 18.  Section 205.053, Florida Statutes, is

31  amended to read:

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  1         205.053  Occupational licenses; dates due and

  2  delinquent; penalties.--

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

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

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

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

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

  8  the first working day following September 30.  Provisions for

  9  partial licenses may be made in the resolution or ordinance

10  authorizing such licenses. Licenses that are not renewed when

11  due and payable are delinquent and subject to a delinquency

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

13  additional 5 percent per penalty for each subsequent month of

14  delinquency until paid.  However, the total delinquency

15  penalty may not exceed 25 percent of the occupational license

16  tax for the delinquent establishment.

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

18  occupation, or profession without first obtaining a local

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

20  5 percent per month of the license fee due, not exceeding 25

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

22  any other penalty provided by law or ordinance.

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

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

25  not pay the required occupational license tax within 6 months

26  150 days after the initial notice of tax due, and who does not

27  obtain the required occupational license is subject to civil

28  actions and penalties, including court costs, reasonable

29  attorneys' fees, additional administrative costs incurred as a

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

31

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

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

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

  4  or renewed, the appropriate tax collector must have discovered

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

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

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

  8         Section 19.  Paragraph (h) of subsection (10) of

  9  section 212.02, Florida Statutes, 1996 Supplement, is amended

10  to read:

11         212.02  Definitions.--The following terms and phrases

12  when used in this chapter have the meanings ascribed to them

13  in this section, except where the context clearly indicates a

14  different meaning:

15         (10)  "Lease," "let," or "rental" means leasing or

16  renting of living quarters or sleeping or housekeeping

17  accommodations in hotels, apartment houses, roominghouses,

18  tourist or trailer camps and real property, the same being

19  defined as follows:

20         (h)  "Real property" means the surface land,

21  improvements thereto, and fixtures, and is synonymous with

22  "realty" and "real estate." The term "fixture" includes any

23  item that is permanently attached to real property even though

24  the owner of the item is not the owner of that real property.

25         Section 20.  Subsection (5) is added to section 212.05,

26  Florida Statutes, 1996 Supplement, to read:

27         212.05  Sales, storage, use tax.--It is hereby declared

28  to be the legislative intent that every person is exercising a

29  taxable privilege who engages in the business of selling

30  tangible personal property at retail in this state, including

31  the business of making mail order sales, or who rents or

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  1  furnishes any of the things or services taxable under this

  2  chapter, or who stores for use or consumption in this state

  3  any item or article of tangible personal property as defined

  4  herein and who leases or rents such property within the state.

  5         (5)  Notwithstanding any other provision of this part,

  6  whenever a person builds, erects, constructs, alters,

  7  improves, repairs, or maintains real property for a customer,

  8  no sales or use tax shall be due on any charge made to the

  9  customer by such person. If such person also provides

10  materials necessary for such work, the person providing the

11  materials shall pay sales or use tax on the cost price of such

12  materials regardless of whether the price or cost of such

13  materials is separately stated to the customer. If such person

14  is provided with the materials necessary for the work by the

15  customer for whom the work is performed, the customer shall be

16  responsible for any sales or use tax due upon such materials.

17         Section 21.  Subsection (1) of section 212.06, Florida

18  Statutes, is amended to read:

19         212.06  Sales, storage, use tax; collectible from

20  dealers; "dealer" defined; dealers to collect from purchasers;

21  legislative intent as to scope of tax.--

22         (1)(a)  The aforesaid tax at the rate of 6 percent of

23  the retail sales price as of the moment of sale, 6 percent of

24  the cost price as of the moment of purchase, or 6 percent of

25  the cost price as of the moment of commingling with the

26  general mass of property in this state, as the case may be,

27  shall be collectible from all dealers as herein defined on the

28  sale at retail, the use, the consumption, the distribution,

29  and the storage for use or consumption in this state of

30  tangible personal property or services taxable under this

31  part. The full amount of the tax on a credit sale, installment

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  1  sale, or sale made on any kind of deferred payment plan shall

  2  be due at the moment of the transaction in the same manner as

  3  on a cash sale.

  4         (b)  Except as otherwise provided, any person who

  5  manufactures, produces, compounds, processes, or fabricates in

  6  any manner tangible personal property for his or her own use

  7  shall pay a tax upon the cost of the product manufactured,

  8  produced, compounded, processed, or fabricated without any

  9  deduction therefrom on account of the cost of material used,

10  labor or service costs, or transportation charges,

11  notwithstanding the provisions of s. 212.02 defining "cost

12  price."  However, the tax levied under this paragraph shall

13  not be imposed upon any person who manufactures or produces

14  electrical power or energy, steam energy, or other energy at a

15  single location, when such power or energy is used directly

16  and exclusively at such location, or at other locations if the

17  energy is transferred through facilities of the owner in the

18  operation of machinery or equipment that is used to

19  manufacture, process, compound, produce, fabricate, or prepare

20  for shipment tangible personal property for sale or to operate

21  pollution control equipment, maintenance equipment, or

22  monitoring or control equipment used in such operations.  The

23  manufacture or production of electrical power or energy that

24  is used for space heating, lighting, office equipment, or

25  air-conditioning or any other nonmanufacturing, nonprocessing,

26  noncompounding, nonproducing, nonfabricating, or nonshipping

27  activity is taxable. Electrical power or energy consumed or

28  dissipated in the transmission or distribution of electrical

29  power or energy for resale is also not taxable.  Fabrication

30  labor shall not be taxable when a person is using his or her

31  own equipment and personnel, for his or her own account, as a

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  1  producer, subproducer, or coproducer of a qualified motion

  2  picture.  For purposes of this part, the term "qualified

  3  motion picture" means all or any part of a series of related

  4  images, either on film, tape, or other embodiment, including,

  5  but not limited to, all items comprising part of the original

  6  work and film-related products derived therefrom as well as

  7  duplicates and prints thereof and all sound recordings created

  8  to accompany a motion picture, which is produced, adapted, or

  9  altered for exploitation in, on, or through any medium or

10  device and at any location, primarily for entertainment,

11  commercial, industrial, or educational purposes.  A person who

12  manufactures factory-built buildings for his or her own use in

13  the performance of contracts for the construction or

14  improvement of real property shall pay a tax only upon the

15  person's cost price of items used in the manufacture of such

16  buildings.

17         (c)  Notwithstanding the provisions of paragraph (b),

18  the use tax on asphalt manufactured for one's own use shall be

19  calculated with respect to paragraph (b) only upon the cost of

20  materials which become a component part or which are an

21  ingredient of the finished asphalt and upon the cost of the

22  transportation of such components and ingredients.  In

23  addition, an indexed tax of 38 cents per ton of such

24  manufactured asphalt shall be due at the same time and in the

25  same manner as taxes due pursuant to paragraph (b). Beginning

26  July 1, 1989, the indexed tax shall be adjusted each July 1 to

27  an amount, rounded to the nearest cent, equal to the product

28  of 38 cents multiplied by a fraction, the numerator of which

29  is the annual average of the "materials and components for

30  construction" series of the producer price index, as

31  calculated and published by the United States Department of

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  1  Labor, Bureau of Statistics, for the previous calendar year,

  2  and the denominator of which is the annual average of said

  3  series for calendar year 1988.

  4         (d)  For purposes of paragraph (b), the department may

  5  establish a cost price amount for industry groups that

  6  manufacture, produce, compound, process, or fabricate tangible

  7  personal property for their own use in the performance of

  8  contracts for improvements to real property. Such cost price

  9  amount must be established as a percentage, rounded to the

10  nearest whole number, of the total price charged for the

11  improvement. The cost price percentages established must be

12  adopted by rule pursuant to the procedures provided in s.

13  120.54(5), upon petition of a majority of the members of an

14  industry group or by a statewide association that represents

15  such industry group, and must be based on a reasonable

16  estimate of average costs incurred by members of the

17  petitioning industry group. The department is required to

18  adopt a cost price percentage only if sufficient information

19  is available to determine such percentage. The information

20  considered by the department to establish the cost price

21  percentage must be that set forth in the petition or that

22  which is otherwise made available to the department by the

23  petitioning industry group. Any cost price percentage so

24  established must be available only by election of a member of

25  the industry group for which the percentage was established

26  and may apply only to such periods or contracts for which the

27  election is made. Taxpayers must maintain adequate records

28  reflecting the accrual of tax using the percentage figure on

29  actual cost price. Any cost price so established must remain

30  available for use for a period of at least 5 years from the

31  date of its adoption and must be reviewed and be subject to

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  1  adjustment by the department no more frequently than at 5-year

  2  intervals. The provisions of this paragraph shall not be

  3  available to those persons subject to the provisions of

  4  paragraph (c).

  5         Section 22.  Paragraph (nn) is added to subsection (7)

  6  of section 212.08, Florida Statutes, 1996 Supplement, to read:

  7         212.08  Sales, rental, use, consumption, distribution,

  8  and storage tax; specified exemptions.--The sale at retail,

  9  the rental, the use, the consumption, the distribution, and

10  the storage to be used or consumed in this state of the

11  following are hereby specifically exempt from the tax imposed

12  by this part.

13         (7)  MISCELLANEOUS EXEMPTIONS.--

14         (nn)  Complimentary meals.--If no separate charge or

15  specific amount is shown for food or drinks furnished as part

16  of a packaged room rate by any person offering for rent or

17  lease any transient living accommodations as described in s.

18  509.013(4)(a) which are licensed under part I of chapter 509

19  and which are subject to the tax under s. 212.03, such drinks

20  or food are considered sold at retail as a part of the total

21  charge for the transient living accommodations. The person

22  offering the accommodations is not considered the consumer of

23  items purchased in furnishing such food or drinks and may

24  purchase such items under conditions of a sale for resale. No

25  tax imposed by s. 212.05 before July 1, 1997 and not actually

26  collected on items exempt under this paragraph is due from any

27  person offering for rent or lease any transient living

28  accommodations that are subject to the tax under s. 212.03.

29         Section 23.  Paragraph (a) of subsection (2) and

30  subsection (4) of section 212.12, Florida Statutes, 1996

31  Supplement, are amended to read:

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  1         212.12  Dealer's credit for collecting tax; penalties

  2  for noncompliance; powers of Department of Revenue in dealing

  3  with delinquents; brackets applicable to taxable transactions;

  4  records required.--

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

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

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

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

  9  addition to all other penalties provided herein and by the

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

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

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

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

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

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

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

17  25 50 percent, in the aggregate, of any unpaid tax or fee.  In

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

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

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

21  212.11(1)(c) or (d), if tax is owed. There is no penalty for a

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

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

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

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

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

27  the person making such false or fraudulent return or willfully

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

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

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

31  conviction of a misdemeanor of the first degree.

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

  2  chapter shall be payable to and collectible by the department

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

  4  The department may settle or compromise any such interest or

  5  penalties pursuant to s. 213.21.

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

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

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

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

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

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

12  as the reasonable cause no longer applies.

13         Section 24.  Section 212.125, Florida Statutes, is

14  created to read:

15         212.125  Refunds, overpayments; interest on.--If a

16  taxpayer pays more than the amount owed for taxes imposed

17  under this chapter, the department must refund the overpayment

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

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

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

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

22  paid until the refund is paid in full.

23         Section 25.  Section 220.211, Florida Statutes, is

24  amended to read:

25         220.211  Penalties; incomplete return.--

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

27  unless notwithstanding that no tax is finally determined to be

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

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

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

31  $300 or 10 percent, of the tax finally determined to be due,

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

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

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

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

  5  compromise such penalties pursuant to s. 213.21.

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

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

  8  return that lacks which is lacking such uniformity,

  9  completeness, and arrangement to the extent that physical

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

11  readily accomplished.

12         Section 26.  Section 220.222, Florida Statutes, is

13  amended to read:

14         220.222  Returns; time and place for filing.--

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

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

17  place as the department may by regulation prescribe. All

18  returns required for a DISC (Domestic International Sales

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

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

21  10th month following the close of the taxable year; all

22  partnership information returns shall be filed on or before

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

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

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

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

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

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

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

30  for any such filing is granted.

31

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

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

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

  4  220.32 are met, the filing of a written request for such

  5  extension or extensions with the department shall

  6  automatically extend the due date of the return required under

  7  this code is automatically extended until 15 days after the

  8  expiration of the federal extension, provided that the

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

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

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

12  of the federal application to the department, the department

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

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

15  which are otherwise prescribed by law or until the expiration

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

17  occurs.

18         (b)  The department may grant an extension or

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

20  this code upon receiving a prior written request therefor if

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

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

23  exceed 6 months. No extension granted under this paragraph

24  shall be valid unless the taxpayer complies with the

25  requirements of s. 220.32.

26         Section 27.  Paragraph (a) of subsection (2) of section

27  220.34, Florida Statutes, 1996 Supplement, is amended to read:

28         220.34  Special rules relating to estimated tax.--

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

30  respect to a failure to pay estimated taxes except the

31  following:

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

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

  3  220.807 of 12 percent per year and for a penalty in an amount

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

  5  12 percent per year upon the amount of any underpayment of

  6  estimated tax determined under this subsection.

  7         Section 28.  Section 220.723, Florida Statutes, is

  8  amended to read:

  9         220.723  Overpayments; interest.--

10         (1)  The department must refund Interest shall be

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

12  220.807 upon any overpayment of a tax imposed by this chapter

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

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

15  credited within 3 months after the date upon which the

16  taxpayer files written notice advising the department of such

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

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

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

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

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

22  advising the department of the overpayment.  Interest shall be

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

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

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

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

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

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

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

30  was actually made, whichever is later.

31

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  1         Section 29.  Section 220.737, Florida Statutes, is

  2  amended to read:

  3         220.737  Amounts less than $20 $1.--A taxpayer need not

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

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

  6  $20.

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

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

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

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

11  it is 50 cents or more.

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

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

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

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

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

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

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

19         Section 30.  Section 220.801, Florida Statutes, is

20  amended to read:

21         220.801  Penalties; failure to timely file returns.--

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

23  under this chapter on the date prescribed therefor, including

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

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

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

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

28  percent for each additional month or fraction thereof during

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

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

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

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

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

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

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

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

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

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

  8  filed.

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

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

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

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

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

14  subsection shall only apply to corporations when they also are

15  required to file a federal income tax return.

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

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

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

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

20  same return.

21         (2)(4)  The provisions of This section shall

22  specifically applies apply to the notice of federal change

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

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

25         Section 31.  Section 220.8051, Florida Statutes, is

26  created to read:

27         220.8051  Waiver of penalties.--Upon a showing of

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

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

30  owed under this chapter, the department shall waive the

31  applicable penalties; however, the taxpayer must promptly file

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

  2  cause no longer applies.

  3         Section 32.  Section 220.809, Florida Statutes, is

  4  amended to read:

  5         220.809  Interest on deficiencies.--

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

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

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

  9  interest must shall be paid in accordance with the provisions

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

11  the date of payment.

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

13  penalty is considered to shall be deemed assessed upon the

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

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

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

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

18  reference to interest imposed by this section.

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

20  interest provided by this section or upon any penalty imposed

21  under this chapter.

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

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

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

25  and demand to the date of payment.

26         (4)(5)  If notice and demand is made for the payment of

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

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

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

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

31  notice and demand.

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

  2  chapter which has been erroneously refunded and which is

  3  recoverable by the department shall bear interest computed as

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

  5  refund.

  6         (5)(7)  The department may settle or compromise

  7  interest imposed under this section herein pursuant to s.

  8  213.21.

  9         Section 33.  Section 221.02, Florida Statutes, is

10  amended to read:

11         221.02  Credit for emergency excise tax paid.--The

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

13  credit or carryover properly applied to reduce the amount of

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

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

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

17  return filed for the fifth taxable year following the taxable

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

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

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

21  return filed for the fifth taxable year following the taxable

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

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

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

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

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

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

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

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

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

31  taxable years immediately thereafter.

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  1         Section 34.  This act shall take effect July 1, 1997.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Revises provisions relating to penalties and interest
      payable on taxes owed on real and personal property, on
  6    excise taxes owed, on occupational license taxes, and on
      the tax on sales, use, and other transactions. Eliminates
  7    penalties for failure to file a tax return if no tax is
      due. Provides for further extensions of time to file
  8    certain taxes. Provides a reasonable-cause exception from
      specified taxes. Decreases statutes of limitation for
  9    assessment of taxes in certain circumstances. Eliminates
      the tolling of the statute of limitations for certain
10    causes. Exempts from the nonrecurring tax on certain
      documents transfers made as part of a dissolution of
11    marriage. Provides other exemptions from specified taxes.

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