Senate Bill 1952c1

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    Florida Senate - 1998                           CS for SB 1952

    By the Committee on Ways and Means and Senator Burt





    301-2154-98

  1                      A bill to be entitled

  2         An act relating to administration of revenue

  3         laws; amending s. 68.082, F.S.; providing

  4         nonapplicability to certain returns, claims,

  5         records, or statements relating to any tax

  6         administered by the Department of Revenue;

  7         amending s. 125.2801, F.S.; conforming a

  8         reference; amending s. 192.001, F.S.;

  9         restricting applicability of the definition of

10         the term "computer software"; amending s.

11         199.052, F.S.; requiring banks and financial

12         organizations filing annual intangible personal

13         property tax returns for their customers to

14         file information using machine-sensible media;

15         amending s. 212.02, F.S.; modifying the

16         definition of the term "use tax";  amending s.

17         212.0515, F.S.; modifying requirements relating

18         to quarterly records required to be submitted

19         to the Department of Revenue by certain persons

20         selling food or beverages to operators for

21         resale through vending machines; eliminating a

22         penalty for failure to file such reports;

23         eliminating the department's authority to adopt

24         rules relating to such reports; amending s.

25         212.054, F.S.; eliminating a requirement that

26         certain dealers collect the surtax on tangible

27         personal property or specified service under

28         certain conditions; prescribing the effective

29         date of an increase or decrease in the rate of

30         any discretionary sales surtax; requiring the

31         governing body of any county levying a

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  1         discretionary sales surtax and a county school

  2         board levying the school capital outlay surtax

  3         to provide notice to the department; amending

  4         s. 212.055, F.S.; providing an effective date

  5         for any change in the distribution formula of a

  6         local government infrastructure surtax or a

  7         small county surtax; authorizing counties to

  8         use a specified percentage of surtax proceeds

  9         for economic development projects; amending ss.

10         212.097, 212.098, F.S.; redefining the term

11         "new business"; amending s. 212.11, F.S.;

12         providing requirements relating to sales tax

13         returns filed through electronic data

14         interchange; amending s. 212.12, F.S.; revising

15         provisions relating to the dealer's credit for

16         collecting sales tax; specifying that the

17         credit is also for the filing of timely

18         returns; authorizing the department to deny,

19         rather than reduce, the credit if an incomplete

20         return is filed; revising the definition of

21         "incomplete return"; amending s. 212.17, F.S.;

22         providing that the department shall prescribe

23         the format for filing returns through

24         electronic data interchange and specifying that

25         failure to use the format does not relieve a

26         dealer from the payment of tax; amending s.

27         213.053, F.S., relating to information sharing;

28         amending s. 213.0535, F.S.; providing for

29         participation in RISE; amending s. 213.21,

30         F.S.; revising provisions that authorize the

31         department to delegate to the executive

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  1         director authority to approve a settlement or

  2         compromise of tax liability, in order to

  3         increase the limit on the amount of tax

  4         reduction with respect to which such delegation

  5         may be made; specifying a time period for which

  6         the department may settle and compromise tax

  7         and interest due when a taxpayer voluntarily

  8         self-discloses a tax liability and authorizing

  9         further settlement and compromise under certain

10         circumstances; amending s. 213.28, F.S.;

11         prescribing qualifications of certified public

12         accountants contracting with the department to

13         perform audits; amending s. 213.67, F.S.;

14         subjecting the garnishee to liability in the

15         event that property subject to the freeze is

16         transferred or disposed of by the garnishee;

17         prohibiting disposition of assets of a

18         delinquent taxpayer which come into the

19         possession of another person after that person

20         receives garnishment notice from the department

21         for a specified period; requiring the garnishee

22         to notify the department of such assets;

23         providing that the garnishment notice remains

24         in effect while a taxpayer's contest of an

25         intended levy is pending; providing a financial

26         institution receiving notice with a right of

27         setoff; amending s. 213.755, F.S.; defining

28         terms for use in any revenue law administered

29         by the department; amending s. 220.03, F.S.;

30         revising definitions; amending s. 212.0601,

31         F.S.; providing a use tax for motor vehicle

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    Florida Senate - 1998                           CS for SB 1952
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  1         dealers who loan a vehicle at no charge unless

  2         otherwise exempted; prohibiting a sales or use

  3         tax and a rental car surcharge on a motor

  4         vehicle provided at no charge to a person whose

  5         vehicle is being repaired; providing

  6         retroactive application; providing effective

  7         dates.

  8

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

10

11         Section 1.  Subsection (4) is added to section 68.082,

12  Florida Statutes, to read:

13         68.082  False claims against the state; definitions;

14  liability.--

15         (4)  This section does not apply to returns, claims,

16  records, or statements made in connection with any tax

17  administered by the Department of Revenue.

18         Section 2.  Section 125.2801, Florida Statutes, is

19  amended to read:

20         125.2801  County qualification retention.--Once a

21  county qualifies for authorization to create a jury district

22  under s. 40.015(1), and once a county qualifies for small

23  county technical assistance pursuant to s. 163.05(3), and once

24  a county qualifies to be required to include optional elements

25  in their comprehensive plans pursuant to s. 163.3177(6)(i),

26  and once a county qualifies to enter into a written agreement

27  with the state land planning agency pursuant to s.

28  163.3191(12)(a), and once a county qualifies under s.

29  212.055(2)(d)1. to use local government infrastructure surtax

30  proceeds or any interest accrued thereto for long-term

31  maintenance costs associated with landfill closure, and once a

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    Florida Senate - 1998                           CS for SB 1952
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  1  county qualifies under s. 212.055(2)(h) s. 212.055(2)(j) to

  2  use local government infrastructure surtax proceeds and

  3  interest for operation and maintenance of parks and recreation

  4  programs and facilities established with proceeds of the

  5  surtax, and once a county qualifies for reduction or waiver of

  6  permit processing fees pursuant to s. 218.075, and once a

  7  county qualifies for emergency distribution pursuant to s.

  8  218.65, and once a county qualifies for funds from the

  9  Emergency Management, Preparedness, and Assistance Trust Fund

10  pursuant to s. 252.373(3)(a), and once a county qualifies for

11  priority State Touring Program grants under s. 265.2861(1)(c),

12  and once a county qualifies under s. 403.706(4)(d) to provide

13  its residents with the opportunity to recycle, and once a

14  county qualifies for receipt of annual solid waste and

15  recycling grants pursuant to s. 403.7095(7)(a), the county

16  shall retain such qualification until it exceeds a population

17  of 75,000.

18         Section 3.  Subsection (19) of section 192.001, Florida

19  Statutes, is amended to read:

20         192.001  Definitions.--All definitions set out in

21  chapters 1 and 200 that are applicable to this part are

22  included herein.  In addition, the following definitions shall

23  apply in the imposition of ad valorem taxes:

24         (19)  "Computer software" means any information,

25  program, or routine, or any set of one or more programs,

26  routines, or collections of information used or intended for

27  use to convey information or to cause one or more computers or

28  pieces of computer-related peripheral equipment, or any

29  combination thereof, to perform a task or set of tasks.

30  Without limiting the generality of the definition provided in

31  this subsection, the term includes operating and applications

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  1  programs and all related documentation. Computer software does

  2  not include embedded software that resides permanently in the

  3  internal memory of a computer or computer-related peripheral

  4  equipment and that is not removable without terminating the

  5  operation of the computer or equipment. Computer software

  6  constitutes personal property only to the extent of the value

  7  of the unmounted or uninstalled medium on or in which the

  8  information, program, or routine is stored or transmitted,

  9  and, after installation or mounting by any person, computer

10  software does not increase the value of the computer or

11  computer-related peripheral equipment, or any combination

12  thereof. Notwithstanding any other provision of law, this

13  subsection applies to the 1997 and subsequent tax rolls and to

14  any assessment in an administrative or judicial action pending

15  on June 1, 1997.

16         Section 4.  Subsection (15) is added to section

17  199.052, Florida Statutes, to read:

18         199.052  Annual tax returns; payment of annual tax.--

19         (15)  All banks and financial organizations filing

20  annual intangible tax returns for their customers shall file

21  return information for taxes due January 1, 1999, and

22  thereafter using machine-sensible media. The information

23  required by this subsection must be reported by banks or

24  financial organizations on machine-sensible media, using

25  specifications and instructions of the department.  A bank or

26  financial organization that demonstrates to the satisfaction

27  of the department that a hardship exists is not required to

28  file intangible tax returns for its customers using

29  machine-sensible media.  The department shall adopt rules

30  necessary to administer this subsection.

31

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  1         Section 5.  Subsection (21) of section 212.02, Florida

  2  Statutes, is amended to read:

  3         212.02  Definitions.--The following terms and phrases

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

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

  6  different meaning:

  7         (21)  The term "use tax" referred to in this chapter

  8  includes the use, the consumption, the distribution, and the

  9  storage as herein defined. Further, for purposes of this

10  chapter, the purchase of shop supplies by motor vehicle,

11  airplane, or boat repair facilities, which are incorporated

12  into the repair, shall be deemed to be purchased for resale by

13  such facility.

14         Section 6.  Subsection (5) of section 212.0515, Florida

15  Statutes, is amended to read:

16         212.0515  Sales from vending machines; special

17  provisions; registration; penalties.--

18         (5)(a)  Any person who sells food or beverages to an

19  operator for resale through vending machines shall submit to

20  the department on or before the 20th day of the month

21  following the close of each calendar quarter a report which

22  identifies by dealer registration number each operator

23  described in paragraph (b) who has purchased such items from

24  said person and states the net dollar amount of purchases made

25  by each operator from said person. In addition, the report

26  shall also include the purchaser's name, dealer registration

27  number, and sales price for any tax-free sale for resale of

28  canned soft drinks of 25 cases or more.

29         (a)(b)  Each operator who purchases food or beverages

30  for resale in vending machines shall annually provide to the

31  dealer from whom the items are purchased a certificate on a

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    Florida Senate - 1998                           CS for SB 1952
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  1  form prescribed and issued by the department. The certificate

  2  must affirmatively state that the purchaser is a vending

  3  machine operator.  The certificate shall initially be provided

  4  upon the first transaction between the parties and by November

  5  1 of each year thereafter.

  6         (b)(c)  A penalty of $250 is imposed on any person who

  7  is required to file the quarterly report required by this

  8  subsection who fails to do so or who files false information.

  9  A penalty of $250 is imposed on any operator who fails to

10  comply with the requirements of this subsection or who

11  provides the dealer with false information.  Penalties accrue

12  interest as provided for delinquent taxes under this chapter

13  and apply in addition to all other applicable taxes, interest,

14  and penalties.

15         (d)  The department is authorized to adopt rules

16  regarding the form in which the quarterly report required by

17  this subsection is to be submitted, which form may include

18  magnetic tape or other means of electronic transmission.

19         Section 7.  Section 212.054, Florida Statutes, is

20  amended to read:

21         212.054  Discretionary sales surtax; limitations,

22  administration, and collection.--

23         (1)  No general excise tax on sales shall be levied by

24  the governing body of any county unless specifically

25  authorized in s. 212.055. Any general excise tax on sales

26  authorized pursuant to said section shall be administered and

27  collected exclusively as provided in this section.

28         (2)(a)  The tax imposed by the governing body of any

29  county authorized to so levy pursuant to s. 212.055 shall be a

30  discretionary surtax on all transactions occurring in the

31  county which transactions are subject to the state tax imposed

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  1  on sales, use, services, rentals, admissions, and other

  2  transactions by this chapter.  The surtax, if levied, shall be

  3  computed as the applicable rate or rates authorized pursuant

  4  to s. 212.055 times the amount of taxable sales and taxable

  5  purchases representing such transactions.  If the surtax is

  6  levied on the sale of an item of tangible personal property or

  7  on the sale of a service, the surtax shall be computed by

  8  multiplying the rate imposed by the county within which the

  9  sale occurs by the amount of the taxable sale. The sale of an

10  item of tangible personal property or the sale of a service is

11  not subject to the surtax if the property, the service, or the

12  tangible personal property representing the service is

13  delivered within a county that does not impose a discretionary

14  sales surtax.

15         (b)  However:

16         1.  The tax on any sales amount above $5,000 on any

17  item of tangible personal property and on long-distance

18  telephone service shall not be subject to the surtax.  For

19  purposes of administering the $5,000 limitation on an item of

20  tangible personal property, if two or more taxable items of

21  tangible personal property are sold to the same purchaser at

22  the same time and, under generally accepted business practice

23  or industry standards or usage, are normally sold in bulk or

24  are items that, when assembled, comprise a working unit or

25  part of a working unit, such items must be considered a single

26  item for purposes of the $5,000 limitation when supported by a

27  charge ticket, sales slip, invoice, or other tangible evidence

28  of a single sale or rental. The limitation provided in this

29  subparagraph does not apply to the sale of any other service.

30         2.  In the case of utility, telecommunication, or

31  television system program services billed on or after the

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  1  effective date of any such surtax, the entire amount of the

  2  tax for utility, telecommunication, or television system

  3  program services shall be subject to the surtax.  In the case

  4  of utility, telecommunication, or television system program

  5  services billed after the last day the surtax is in effect,

  6  the entire amount of the tax on said items shall not be

  7  subject to the surtax.

  8         3.  In the case of written contracts which are signed

  9  prior to the effective date of any such surtax for the

10  construction of improvements to real property or for

11  remodeling of existing structures, the surtax shall be paid by

12  the contractor responsible for the performance of the

13  contract.  However, the contractor may apply for one refund of

14  any such surtax paid on materials necessary for the completion

15  of the contract.  Any application for refund shall be made no

16  later than 15 months following initial imposition of the

17  surtax in that county.  The application for refund shall be in

18  the manner prescribed by the department by rule.  A complete

19  application shall include proof of the written contract and of

20  payment of the surtax.  The application shall contain a sworn

21  statement, signed by the applicant or its representative,

22  attesting to the validity of the application.  The department

23  shall, within 30 days after approval of a complete

24  application, certify to the county information necessary for

25  issuance of a refund to the applicant. Counties are hereby

26  authorized to issue refunds for this purpose and shall set

27  aside from the proceeds of the surtax a sum sufficient to pay

28  any refund lawfully due.  Any person who fraudulently obtains

29  or attempts to obtain a refund pursuant to this subparagraph,

30  in addition to being liable for repayment of any refund

31  fraudulently obtained plus a mandatory penalty of 100 percent

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  1  of the refund, is guilty of a felony of the third degree,

  2  punishable as provided in s. 775.082, s. 775.083, or s.

  3  775.084.

  4         (3)  For the purpose of this section, a transaction

  5  shall be deemed to have occurred in a county imposing the

  6  surtax when:

  7         (a)1.  The sale includes an item of tangible personal

  8  property, a service, or tangible personal property

  9  representing a service, and the item of tangible personal

10  property, the service, or the tangible personal property

11  representing the service is delivered within the county.  If

12  there is no reasonable evidence of delivery of a service, the

13  sale of a service is deemed to occur in the county in which

14  the purchaser accepts the bill of sale.

15         2.  However, a dealer selling tangible personal

16  property, or delivering a service or tangible personal

17  property representing a service, into a county which, before

18  November 9 of any year, adopts or revises any surtax

19  authorized in s. 212.055, from outside such a county, is not

20  required to collect the surtax at the new or revised rate on

21  such transaction until February 1 of the year following the

22  year of the adoption or revision of the surtax. However, if

23  the surtax is adopted or revised between November 9 and

24  December 31 of any year, such dealer is not required to

25  collect such surtax at the new or revised rate until February

26  1 of the year after the subsequent year.  The department shall

27  notify all dealers of all surtax rates in effect on November 9

28  no later than February 1 of the subsequent year.

29         2.3.  The sale of any motor vehicle or mobile home of a

30  class or type which is required to be registered in this state

31  or in any other state shall be deemed to have occurred only in

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  1  the county identified as the residence address of the

  2  purchaser on the registration or title document for such

  3  property.

  4         (b)  The event for which an admission is charged is

  5  located in the county.

  6         (c)  The consumer of utility or television system

  7  program services is located in the county, or the

  8  telecommunication services are provided to a location within

  9  the county.

10         (d)1.  The user of any aircraft or boat of a class or

11  type which is required to be registered, licensed, titled, or

12  documented in this state or by the United States Government

13  imported into the county for use, consumption, distribution,

14  or storage to be used or consumed in the county is located in

15  the county.

16         2.  However, it shall be presumed that such items used

17  outside the county for 6 months or longer before being

18  imported into the county were not purchased for use in the

19  county, except as provided in s. 212.06(8)(b).

20         3.  This paragraph does not apply to the use or

21  consumption of items upon which a like tax of equal or greater

22  amount has been lawfully imposed and paid outside the county.

23         (e)  The purchaser of any motor vehicle or mobile home

24  of a class or type which is required to be registered in this

25  state is a resident of the taxing county as determined by the

26  address appearing on or to be reflected on the registration

27  document for such property.

28         (f)1.  Any motor vehicle or mobile home of a class or

29  type which is required to be registered in this state is

30  imported from another state into the taxing county by a user

31

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  1  residing therein for the purpose of use, consumption,

  2  distribution, or storage in the taxing county.

  3         2.  However, it shall be presumed that such items used

  4  outside the taxing county for 6 months or longer before being

  5  imported into the county were not purchased for use in the

  6  county.

  7         (g)  The real property which is leased or rented is

  8  located in the county.

  9         (h)  The transient rental transaction occurs in the

10  county.

11         (i)  The delivery of any aircraft or boat of a class or

12  type which is required to be registered, licensed, titled, or

13  documented in this state or by the United States Government is

14  to a location in the county. However, this paragraph does not

15  apply to the use or consumption of items upon which a like tax

16  of equal or greater amount has been lawfully imposed and paid

17  outside the county.

18         (j)  The dealer owing a use tax on purchases or leases

19  is located in the county.

20         (k)  The delivery of tangible personal property other

21  than that described in paragraph (d), paragraph (e), or

22  paragraph (f) is made to a location outside the county, but

23  the property is brought into the county within 6 months after

24  delivery, in which event, the owner must pay the surtax as a

25  use tax.

26         (l)  The coin-operated amusement or vending machine is

27  located in the county.

28         (m)  The florist taking the original order to sell

29  tangible personal property is located in the county,

30  notwithstanding any other provision of this section.

31

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  1         (4)(a)  The department shall administer, collect, and

  2  enforce the tax authorized under s. 212.055 pursuant to the

  3  same procedures used in the administration, collection, and

  4  enforcement of the general state sales tax imposed under the

  5  provisions of this chapter, except as provided in this

  6  section.  The provisions of this chapter regarding interest

  7  and penalties on delinquent taxes shall apply to the surtax.

  8  Discretionary sales surtaxes shall not be included in the

  9  computation of estimated taxes pursuant to s. 212.11.

10  Notwithstanding any other provision of law, a dealer need not

11  separately state the amount of the surtax on the charge

12  ticket, sales slip, invoice, or other tangible evidence of

13  sale.  For the purposes of this section and s. 212.055, the

14  "proceeds" of any surtax means all funds collected and

15  received by the department pursuant to a specific

16  authorization and levy under s. 212.055, including any

17  interest and penalties on delinquent surtaxes.

18         (b)  The proceeds of a discretionary sales surtax

19  collected by the selling dealer located in a county which

20  imposes the surtax shall be returned, less the cost of

21  administration, to the county where the selling dealer is

22  located. The proceeds shall be transferred to the

23  Discretionary Sales Surtax Clearing Trust Fund. A separate

24  account shall be established in such trust fund for each

25  county imposing a discretionary surtax.  The amount deducted

26  for the costs of administration shall not exceed 3 percent of

27  the total revenue generated for all counties levying a surtax

28  authorized in s. 212.055.  The amount deducted for the costs

29  of administration shall be used only for those costs which are

30  solely and directly attributable to the surtax.  The total

31  cost of administration shall be prorated among those counties

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  1  levying the surtax on the basis of the amount collected for a

  2  particular county to the total amount collected for all

  3  counties.  No later than March 1 of each year, the department

  4  shall submit a written report which details the expenses and

  5  amounts deducted for the costs of administration to the

  6  President of the Senate, the Speaker of the House of

  7  Representatives, and the governing authority of each county

  8  levying a surtax.  The department shall distribute the moneys

  9  in the trust fund each month to the appropriate counties,

10  unless otherwise provided in s. 212.055.

11         (c)1.  Any dealer located in a county that does not

12  impose a discretionary sales surtax but who collects the

13  surtax due to sales of tangible personal property or services

14  delivered outside the county shall remit monthly the proceeds

15  of the surtax to the department to be deposited into an

16  account in the Discretionary Sales Surtax Clearing Trust Fund

17  which is separate from the county surtax collection accounts.

18  The department shall distribute funds in this account using a

19  distribution factor determined for each county that levies a

20  surtax and multiplied by the amount of funds in the account

21  and available for distribution.  The distribution factor for

22  each county equals the product of:

23         a.  The county's latest official population determined

24  pursuant to s. 186.901;

25         b.  The county's rate of surtax; and

26         c.  The number of months the county has levied a surtax

27  during the most recent distribution period;

28

29  divided by the sum of all such products of the counties

30  levying the surtax during the most recent distribution period.

31

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  1         2.  The department shall compute distribution factors

  2  for eligible counties once each quarter and make appropriate

  3  quarterly distributions.

  4         3.  A county that fails to timely provide the

  5  information required by this section to the department

  6  authorizes the department, by such action, to use the best

  7  information available to it in distributing surtax revenues to

  8  the county.  If this information is unavailable to the

  9  department, the department may partially or entirely

10  disqualify the county from receiving surtax revenues under

11  this paragraph.  A county that fails to provide timely

12  information waives its right to challenge the department's

13  determination of the county's share, if any, of revenues

14  provided under this paragraph.

15         (5)  No discretionary sales surtax or increase or

16  decrease in the rate of any discretionary sales surtax shall

17  take effect on a date other than January 1.  No discretionary

18  sales surtax shall terminate on a day other than December 31

19  the last day of a calendar quarter.

20         (6)  The governing body of any county levying a

21  discretionary sales surtax shall enact an ordinance levying

22  the surtax in accordance with the procedures described in s.

23  125.66(2) and shall notify the department within 10 days after

24  adoption of the ordinance.  The notice shall include the time

25  period during which the surtax will be in effect, the rate, a

26  copy of the ordinance, and such other information as the

27  department may prescribe by rule. Notification and final

28  adoption of the surtax shall occur no later than 45 days prior

29  to initial imposition of the surtax.

30         (7)(a)  The governing body of any county levying a

31  discretionary sales surtax or the school board of any county

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  1  levying the school capital outlay surtax authorized by s.

  2  212.055(7) shall notify the department within 10 days after

  3  final adoption by ordinance or referendum of an imposition,

  4  termination, or rate change of the surtax, but no later than

  5  November 16 prior to the effective date.  The notice must

  6  specify the time period during which the surtax will be in

  7  effect and the rate and must include a copy of the ordinance

  8  and such other information as the department requires by rule.

  9  Failure to timely provide such notification to the department

10  shall result in the delay of the effective date for a period

11  of 1 year.

12         (b)  In addition to the notification required by

13  paragraph (a), the governing body of any county proposing to

14  levy a discretionary sales surtax or the school board of any

15  county proposing to levy the school capital outlay surtax

16  authorized by s. 212.055(7) shall notify the department by

17  October 1 if the referendum or consideration of the ordinance

18  that would result in imposition, termination, or rate change

19  of the surtax is scheduled to occur on or after October 1 of

20  that year.  Failure to timely provide such notification to the

21  department shall result in the delay of the effective date for

22  a period of 1 year.

23         (8)(7)  With respect to any motor vehicle or mobile

24  home of a class or type which is required to be registered in

25  this state, the tax due on a transaction occurring in the

26  taxing county as herein provided shall be collected from the

27  purchaser or user incident to the titling and registration of

28  such property, irrespective of whether such titling or

29  registration occurs in the taxing county.

30

31

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  1         Section 8.  Section 212.055, Florida Statutes, as

  2  amended by section 17 of chapter 97-384, Laws of Florida, is

  3  amended to read:

  4         212.055  Discretionary sales surtaxes; legislative

  5  intent; authorization and use of proceeds.--It is the

  6  legislative intent that any authorization for imposition of a

  7  discretionary sales surtax shall be published in the Florida

  8  Statutes as a subsection of this section, irrespective of the

  9  duration of the levy.  Each enactment shall specify the types

10  of counties authorized to levy; the rate or rates which may be

11  imposed; the maximum length of time the surtax may be imposed,

12  if any; the procedure which must be followed to secure voter

13  approval, if required; the purpose for which the proceeds may

14  be expended; and such other requirements as the Legislature

15  may provide.  Taxable transactions and administrative

16  procedures shall be as provided in s. 212.054.

17         (1)  CHARTER COUNTY TRANSIT SYSTEM SURTAX.--

18         (a)  Each charter county which adopted a charter prior

19  to June 1, 1976, and each county the government of which is

20  consolidated with that of one or more municipalities, may levy

21  a discretionary sales surtax, subject to approval by a

22  majority vote of the electorate of the county or by a charter

23  amendment approved by a majority vote of the electorate of the

24  county.

25         (b)  The rate shall be up to 1 percent.

26         (c)  The proposal to adopt a discretionary sales surtax

27  as provided in this subsection and to create a trust fund

28  within the county accounts shall be placed on the ballot in

29  accordance with law at a time to be set at the discretion of

30  the governing body.

31         (d)  Proceeds from the surtax shall be:

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  1         1.  Deposited by the county in the trust fund and shall

  2  be used only for the purposes of development, construction,

  3  equipment, maintenance, operation, supportive services,

  4  including a countywide bus system, and related costs of a

  5  fixed guideway rapid transit system;

  6         2.  Remitted by the governing body of the county to an

  7  expressway or transportation authority created by law to be

  8  used, at the discretion of such authority, for the

  9  development, construction, operation, or maintenance of roads

10  or bridges in the county, for the operation and maintenance of

11  a bus system, or for the payment of principal and interest on

12  existing bonds issued for the construction of such roads or

13  bridges, and, upon approval by the county commission, such

14  proceeds may be pledged for bonds issued to refinance existing

15  bonds or new bonds issued for the construction of such roads

16  or bridges; or

17         3.  For each county, as defined in s. 125.011(1), used

18  for the development, construction, operation, or maintenance

19  of roads and bridges in the county; for the expansion,

20  operation, and maintenance of an existing bus system; or for

21  the payment of principal and interest on existing bonds issued

22  for the construction of fixed guideway rapid transit systems,

23  roads, or bridges; and such proceeds may be pledged by the

24  governing body of the county for bonds issued to refinance

25  existing bonds or new bonds issued for the construction of

26  such fixed guideway rapid transit systems, roads, or bridges.

27         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

28         (a)1.  The governing authority in each county may levy

29  a discretionary sales surtax of 0.5 percent or 1 percent.  The

30  levy of the surtax shall be pursuant to ordinance enacted by a

31  majority of the members of the county governing authority and

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  1  approved by a majority of the electors of the county voting in

  2  a referendum on the surtax.  If the governing bodies of the

  3  municipalities representing a majority of the county's

  4  population adopt uniform resolutions establishing the rate of

  5  the surtax and calling for a referendum on the surtax, the

  6  levy of the surtax shall be placed on the ballot and shall

  7  take effect if approved by a majority of the electors of the

  8  county voting in the referendum on the surtax.

  9         2.  If the surtax was levied pursuant to a referendum

10  held before July 1, 1993, the surtax may not be levied beyond

11  the time established in the ordinance, or, if the ordinance

12  did not limit the period of the levy, the surtax may not be

13  levied for more than 15 years. The levy of such surtax may be

14  extended only by approval of a majority of the electors of the

15  county voting in a referendum on the surtax.

16         (b)  A statement which includes a brief general

17  description of the projects to be funded by the surtax and

18  which conforms to the requirements of s. 101.161 shall be

19  placed on the ballot by the governing authority of any county

20  which enacts an ordinance calling for a referendum on the levy

21  of the surtax or in which the governing bodies of the

22  municipalities representing a majority of the county's

23  population adopt uniform resolutions calling for a referendum

24  on the surtax.  The following question shall be placed on the

25  ballot:

26

27        ....FOR the               ....-cent sales tax

28        ....AGAINST the           ....-cent sales tax

29

30         (c)  Pursuant to s. 212.054(4), the proceeds of the

31  surtax levied under this subsection shall be distributed to

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  1  the county and the municipalities within such county in which

  2  the surtax was collected, according to:

  3         1.  An interlocal agreement between the county

  4  governing authority and the governing bodies of the

  5  municipalities representing a majority of the county's

  6  municipal population, which agreement may include a school

  7  district with the consent of the county governing authority

  8  and the governing bodies of the municipalities representing a

  9  majority of the county's municipal population; or

10         2.  If there is no interlocal agreement, according to

11  the formula provided in s. 218.62.

12

13  Any change in the distribution formula must take effect on the

14  first day of any month that begins at least 60 days after

15  written notification of that change has been made to the

16  department.

17         (d)1.  The proceeds of the surtax authorized by this

18  subsection and any interest accrued thereto shall be expended

19  by the school district or within the county and municipalities

20  within the county, or, in the case of a negotiated joint

21  county agreement, within another county, to finance, plan, and

22  construct infrastructure and to acquire land for public

23  recreation or conservation or protection of natural resources

24  and to finance the closure of county-owned or municipally

25  owned solid waste landfills that are already closed or are

26  required to close by order of the Department of Environmental

27  Protection. Any use of such proceeds or interest for purposes

28  of landfill closure prior to July 1, 1993, is ratified.

29  Neither the proceeds nor any interest accrued thereto shall be

30  used for operational expenses of any infrastructure, except

31  that any county with a population of less than 50,000 that is

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  1  required to close a landfill by order of the Department of

  2  Environmental Protection may use the proceeds or any interest

  3  accrued thereto for long-term maintenance costs associated

  4  with landfill closure. Counties, as defined in s. 125.011(1),

  5  may, in addition, use the proceeds to retire or service

  6  indebtedness incurred for bonds issued prior to July 1, 1987,

  7  for infrastructure purposes.

  8         2.  For the purposes of this paragraph,

  9  "infrastructure" means:

10         a.  Any fixed capital expenditure or fixed capital

11  outlay associated with the construction, reconstruction, or

12  improvement of public facilities which have a life expectancy

13  of 5 or more years and any land acquisition, land improvement,

14  design, and engineering costs related thereto.

15         b.  A fire department vehicle, an emergency medical

16  service vehicle, a sheriff's office vehicle, a police

17  department vehicle, or any other vehicle, and such equipment

18  necessary to outfit the vehicle for its official use or

19  equipment that has a life expectancy of at least 5 years.

20         3.  Notwithstanding any other provision of this

21  subsection, an amount not to exceed 30 percent of the local

22  option sales surtax proceeds may be allocated for deposit to a

23  trust fund within the county's accounts created for the

24  purpose of funding economic development projects of a general

25  public purpose targeted to improve local economies, including

26  the funding of operational costs and incentives related to

27  such economic development.

28         (e)  School districts, counties, and municipalities

29  receiving proceeds under the provisions of this subsection may

30  pledge such proceeds for the purpose of servicing new bond

31  indebtedness incurred pursuant to law. Local governments may

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  1  use the services of the Division of Bond Finance of the State

  2  Board of Administration pursuant to the State Bond Act to

  3  issue any bonds through the provisions of this subsection.  In

  4  no case may a jurisdiction issue bonds pursuant to this

  5  subsection more frequently than once per year. Counties and

  6  municipalities may join together for the issuance of bonds

  7  authorized by this subsection.

  8         (f)  Counties and municipalities shall not use the

  9  surtax proceeds to supplant or replace user fees or to reduce

10  ad valorem taxes existing prior to the levy of the surtax

11  authorized by this subsection.

12         (g)  Notwithstanding s. 212.054(5), the surtax must

13  take effect on the first day of a month, as fixed by the

14  ordinance adopted pursuant to paragraph (a), and may not take

15  effect until at least 60 days after the date that the

16  referendum approving the levy is held.

17         (g)(h)1.  Notwithstanding paragraph (d), a county that

18  has a population of 50,000 or less on April 1, 1992, or any

19  county designated as an area of critical state concern on the

20  effective date of this act, and that imposed the surtax before

21  July 1, 1992, may use the proceeds and interest of the surtax

22  for any public purpose if:

23         a.  The debt service obligations for any year are met;

24         b.  The county's comprehensive plan has been determined

25  to be in compliance with part II of chapter 163; and

26         c.  The county has adopted an amendment to the surtax

27  ordinance pursuant to the procedure provided in s. 125.66

28  authorizing additional uses of the surtax proceeds and

29  interest.

30         2.  A municipality located within a county that has a

31  population of 50,000 or less on April 1, 1992, or within a

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  1  county designated as an area of critical state concern on the

  2  effective date of this act, and that imposed the surtax before

  3  July 1, 1992, may not use the proceeds and interest of the

  4  surtax for any purpose other than an infrastructure purpose

  5  authorized in paragraph (d) unless the municipality's

  6  comprehensive plan has been determined to be in compliance

  7  with part II of chapter 163 and the municipality has adopted

  8  an amendment to its surtax ordinance or resolution pursuant to

  9  the procedure provided in s. 166.041 authorizing additional

10  uses of the surtax proceeds and interest.  Such municipality

11  may expend the surtax proceeds and interest for any public

12  purpose authorized in the amendment.

13         3.  Those counties designated as an area of critical

14  state concern which qualify to use the surtax for any public

15  purpose may use only up to 10 percent of the surtax proceeds

16  for any public purpose other than for infrastructure purposes

17  authorized by this section.

18         (h)(i)  Notwithstanding paragraph (d), a county in

19  which 40 percent or more of the just value of real property is

20  exempt or immune from ad valorem taxation, and the

21  municipalities within such a county, may use the proceeds and

22  interest of the surtax for operation and maintenance of parks

23  and recreation programs and facilities established with the

24  proceeds of the surtax.

25         (i)(j)  Notwithstanding any other provision of this

26  section, a county shall not levy local option sales surtaxes

27  authorized in this subsection and subsections (3), (4), (5),

28  and (6) in excess of a combined rate of 1 percent.

29         (3)  SMALL COUNTY SURTAX.--

30         (a)  The governing authority in each county that has a

31  population of 50,000 or less on April 1, 1992, may levy a

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  1  discretionary sales surtax of 0.5 percent or 1 percent.  The

  2  levy of the surtax shall be pursuant to ordinance enacted by

  3  an extraordinary vote of the members of the county governing

  4  authority if the surtax revenues are expended for operating

  5  purposes.  If the surtax revenues are expended for the purpose

  6  of servicing bond indebtedness, the surtax shall be approved

  7  by a majority of the electors of the county voting in a

  8  referendum on the surtax.

  9         (b)  A statement that includes a brief general

10  description of the projects to be funded by the surtax and

11  conforms to the requirements of s. 101.161 shall be placed on

12  the ballot by the governing authority of any county that

13  enacts an ordinance calling for a referendum on the levy of

14  the surtax for the purpose of servicing bond indebtedness.

15  The following question shall be placed on the ballot:

16

17        ....FOR the               ....-cent sales tax

18        ....AGAINST the           ....-cent sales tax

19

20         (c)  Pursuant to s. 212.054(4), the proceeds of the

21  surtax levied under this subsection shall be distributed to

22  the county and the municipalities within the county in which

23  the surtax was collected, according to:

24         1.  An interlocal agreement between the county

25  governing authority and the governing bodies of the

26  municipalities representing a majority of the county's

27  municipal population, which agreement may include a school

28  district with the consent of the county governing authority

29  and the governing bodies of the municipalities representing a

30  majority of the county's municipal population; or

31

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  1         2.  If there is no interlocal agreement, according to

  2  the formula provided in s. 218.62.

  3

  4  Any change in the distribution formula shall take effect on

  5  the first day of any month that begins at least 60 days after

  6  written notification of that change has been made to the

  7  department.

  8         (d)1.  If the surtax is levied pursuant to a

  9  referendum, the proceeds of the surtax and any interest

10  accrued thereto may be expended by the school district or

11  within the county and municipalities within the county, or, in

12  the case of a negotiated joint county agreement, within

13  another county, for the purpose of servicing bond indebtedness

14  to finance, plan, and construct infrastructure and to acquire

15  land for public recreation or conservation or protection of

16  natural resources.  However, if the surtax is levied pursuant

17  to an ordinance approved by an extraordinary vote of the

18  members of the county governing authority, the proceeds and

19  any interest accrued thereto may be used for operational

20  expenses of any infrastructure or for any public purpose

21  authorized in the ordinance under which the surtax is levied.

22         2.  For the purposes of this paragraph,

23  "infrastructure" means any fixed capital expenditure or fixed

24  capital costs associated with the construction,

25  reconstruction, or improvement of public facilities that have

26  a life expectancy of 5 or more years and any land acquisition,

27  land improvement, design, and engineering costs related

28  thereto.

29         (e)  A school district, county, or municipality that

30  receives proceeds under this subsection following a referendum

31  may pledge the proceeds for the purpose of servicing new bond

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  1  indebtedness incurred pursuant to law. Local governments may

  2  use the services of the Division of Bond Finance pursuant to

  3  the State Bond Act to issue any bonds through the provisions

  4  of this subsection.  A jurisdiction may not issue bonds

  5  pursuant to this subsection more frequently than once per

  6  year.  A county and municipality may join together to issue

  7  bonds authorized by this subsection.

  8         (f)  Notwithstanding s. 212.054(5), the surtax shall

  9  take effect on the first day of a month, as fixed by the

10  ordinance adopted pursuant to paragraph (a).  A surtax levied

11  pursuant to a referendum shall not take effect until at least

12  60 days after the date that the referendum approving the levy

13  is held.

14         (f)(g)  Notwithstanding any other provision of this

15  section, a county shall not levy local option sales surtaxes

16  authorized in this subsection and subsections (2), (4), (5),

17  and (6) in excess of a combined rate of 1 percent.

18         (4)  INDIGENT CARE SURTAX.--

19         (a)  The governing body in each county the government

20  of which is not consolidated with that of one or more

21  municipalities, which has a population of at least 800,000

22  residents and is not authorized to levy a surtax under

23  subsection (5) or subsection (6), may levy, pursuant to an

24  ordinance either approved by an extraordinary vote of the

25  governing body or conditioned to take effect only upon

26  approval by a majority vote of the electors of the county

27  voting in a referendum, a discretionary sales surtax at a rate

28  that may not exceed 0.5 percent.

29         (b)  If the ordinance is conditioned on a referendum, a

30  statement that includes a brief and general description of the

31  purposes to be funded by the surtax and that conforms to the

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  1  requirements of s. 101.161 shall be placed on the ballot by

  2  the governing body of the county.  The following questions

  3  shall be placed on the ballot:

  4

  5                     FOR THE. . . .CENTS TAX

  6                   AGAINST THE. . . .CENTS TAX

  7

  8         (c)  Notwithstanding s. 212.054(5), the sales surtax

  9  may take effect on the first day of any month, as fixed by the

10  ordinance adopted pursuant to paragraph (a), but may not take

11  effect until at least 60 days after the date of adoption of

12  the ordinance adopted pursuant to paragraph (a) or, if the

13  surtax is made subject to a referendum, at least 60 days after

14  the date of approval by the electors of the ordinance adopted

15  pursuant to paragraph (a).

16         (c)(d)  The ordinance adopted by the governing body

17  providing for the imposition of the surtax shall set forth a

18  plan for providing health care services to qualified

19  residents, as defined in paragraph (d)(e).  Such plan and

20  subsequent amendments to it shall fund a broad range of health

21  care services for both indigent persons and the medically

22  poor, including, but not limited to, primary care and

23  preventive care as well as hospital care.  It shall emphasize

24  a continuity of care in the most cost-effective setting,

25  taking into consideration both a high quality of care and

26  geographic access.  Where consistent with these objectives, it

27  shall include, without limitation, services rendered by

28  physicians, clinics, community hospitals, mental health

29  centers, and alternative delivery sites, as well as at least

30  one regional referral hospital where appropriate.  It shall

31  provide that agreements negotiated between the county and

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  1  providers will include reimbursement methodologies that take

  2  into account the cost of services rendered to eligible

  3  patients, recognize hospitals that render a disproportionate

  4  share of indigent care, provide other incentives to promote

  5  the delivery of charity care, and require cost containment

  6  including, but not limited to, case management. It must also

  7  provide that any hospitals that are owned and operated by

  8  government entities on May 21, 1991, must, as a condition of

  9  receiving funds under this subsection, afford public access

10  equal to that provided under s. 286.011 as to meetings of the

11  governing board, the subject of which is budgeting resources

12  for the rendition of charity care as that term is defined in

13  the Florida Hospital Uniform Reporting System (FHURS) manual

14  referenced in s. 408.07.  The plan shall also include

15  innovative health care programs that provide cost-effective

16  alternatives to traditional methods of service delivery and

17  funding.

18         (d)(e)  For the purpose of this subsection, the term

19  "qualified resident" means residents of the authorizing county

20  who are:

21         1.  Qualified as indigent persons as certified by the

22  authorizing county;

23         2.  Certified by the authorizing county as meeting the

24  definition of the medically poor, defined as persons having

25  insufficient income, resources, and assets to provide the

26  needed medical care without using resources required to meet

27  basic needs for shelter, food, clothing, and personal

28  expenses; or not being eligible for any other state or federal

29  program, or having medical needs that are not covered by any

30  such program; or having insufficient third-party insurance

31

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  1  coverage.  In all cases, the authorizing county is intended to

  2  serve as the payor of last resort; or

  3         3.  Participating in innovative, cost-effective

  4  programs approved by the authorizing county.

  5         (e)(f)  Moneys collected pursuant to this subsection

  6  remain the property of the state and shall be distributed by

  7  the Department of Revenue on a regular and periodic basis to

  8  the clerk of the circuit court as ex officio custodian of the

  9  funds of the authorizing county.  The clerk of the circuit

10  court shall:

11         1.  Maintain the moneys in an indigent health care

12  trust fund;

13         2.  Invest any funds held on deposit in the trust fund

14  pursuant to general law; and

15         3.  Disburse the funds, including any interest earned,

16  to any provider of health care services, as provided in

17  paragraphs (c)(d) and (d)(e), upon directive from the

18  authorizing county.

19         (f)(g)  Notwithstanding any other provision of this

20  section, a county shall not levy local option sales surtaxes

21  authorized in this subsection and subsections (2) and (3) in

22  excess of a combined rate of 1 percent.

23         (g)(h)  This subsection expires October 1, 2005.

24         (5)  COUNTY PUBLIC HOSPITAL SURTAX.--Any county as

25  defined in s. 125.011(1) may levy the surtax authorized in

26  this subsection pursuant to an ordinance either approved by

27  extraordinary vote of the county commission or conditioned to

28  take effect only upon approval by a majority vote of the

29  electors of the county voting in a referendum.  In a county as

30  defined in s. 125.011(1), for the purposes of this subsection,

31  "county public general hospital" means a general hospital as

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  1  defined in s. 395.002 which is owned, operated, maintained, or

  2  governed by the county or its agency, authority, or public

  3  health trust.

  4         (a)  The rate shall be 0.5 percent.

  5         (b)  If the ordinance is conditioned on a referendum,

  6  the proposal to adopt the county public hospital surtax shall

  7  be placed on the ballot in accordance with law at a time to be

  8  set at the discretion of the governing body.  The referendum

  9  question on the ballot shall include a brief general

10  description of the health care services to be funded by the

11  surtax.

12         (c)  Proceeds from the surtax shall be:

13         1.  Deposited by the county in a special fund, set

14  aside from other county funds, to be used only for the

15  operation, maintenance, and administration of the county

16  public general hospital; and

17         2.  Remitted promptly by the county to the agency,

18  authority, or public health trust created by law which

19  administers or operates the county public general hospital.

20         (d)  The county shall continue to contribute each year

21  at least 80 percent of that percentage of the total county

22  budget appropriated for the operation, administration, and

23  maintenance of the county public general hospital from the

24  county's general revenues in the fiscal year of the county

25  ending September 30, 1991.

26         (e)  Notwithstanding any other provision of this

27  section, a county may not levy local option sales surtaxes

28  authorized in this subsection and subsections (2) and (3) in

29  excess of a combined rate of 1 percent.

30         (6)  SMALL COUNTY INDIGENT CARE SURTAX.--

31

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  1         (a)  The governing body in each county that has a

  2  population of 50,000 or less on April 1, 1992, may levy,

  3  pursuant to an ordinance approved by an extraordinary vote of

  4  the governing body, a discretionary sales surtax at a rate of

  5  0.5 percent.  Any county that levies the surtax authorized by

  6  this subsection shall continue to expend county funds for the

  7  medically poor and related health services in an amount equal

  8  to the amount that it expended for the medically poor and

  9  related health services in the fiscal year preceding the

10  adoption of the authorizing ordinance.

11         (b)  Notwithstanding s. 212.054(5), the sales surtax

12  may take effect on the first day of any month, as fixed by the

13  ordinance adopted pursuant to paragraph (a), but may not take

14  effect until at least 60 days after the date of adoption of

15  the ordinance.

16         (b)(c)  The ordinance adopted by the governing body

17  providing for the imposition of the surtax shall set forth a

18  brief plan for providing health care services to qualified

19  residents, as defined in paragraph (c)(d).  Such plan and

20  subsequent amendments to it shall fund a broad range of health

21  care services for both indigent persons and the medically

22  poor, including, but not limited to, primary care and

23  preventive care as well as hospital care.  It shall emphasize

24  a continuity of care in the most cost-effective setting,

25  taking into consideration both a high quality of care and

26  geographic access. Where consistent with these objectives, it

27  shall include, without limitation, services rendered by

28  physicians, clinics, community hospitals, mental health

29  centers, and alternative delivery sites, as well as at least

30  one regional referral hospital where appropriate.  It shall

31  provide that agreements negotiated between the county and

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  1  providers will include reimbursement methodologies that take

  2  into account the cost of services rendered to eligible

  3  patients, recognize hospitals that render a disproportionate

  4  share of indigent care, provide other incentives to promote

  5  the delivery of charity care, and require cost containment

  6  including, but not limited to, case management. It shall also

  7  provide that any hospitals that are owned and operated by

  8  government entities on May 21, 1991, must, as a condition of

  9  receiving funds under this subsection, afford public access

10  equal to that provided under s. 286.011 as to meetings of the

11  governing board, the subject of which is budgeting resources

12  for the rendition of charity care as that term is defined in

13  the rules of the Health Care Cost Containment Board.  The plan

14  shall also include innovative health care programs that

15  provide cost-effective alternatives to traditional methods of

16  service delivery and funding.

17         (c)(d)  For the purpose of this subsection, "qualified

18  resident" means residents of the authorizing county who are:

19         1.  Qualified as indigent persons as certified by the

20  authorizing county;

21         2.  Certified by the authorizing county as meeting the

22  definition of the medically poor, defined as persons having

23  insufficient income, resources, and assets to provide the

24  needed medical care without using resources required to meet

25  basic needs for shelter, food, clothing, and personal

26  expenses; or not being eligible for any other state or federal

27  program, or having medical needs that are not covered by any

28  such program; or having insufficient third-party insurance

29  coverage. In all cases, the authorizing county is intended to

30  serve as the payor of last resort; or

31

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  1         3.  Participating in innovative, cost-effective

  2  programs approved by the authorizing county.

  3         (d)(e)  Moneys collected pursuant to this subsection

  4  remain the property of the state and shall be distributed by

  5  the Department of Revenue on a regular and periodic basis to

  6  the clerk of the circuit court as ex officio custodian of the

  7  funds of the authorizing county.  The clerk of the circuit

  8  court shall:

  9         1.  Maintain the moneys in an indigent health care

10  trust fund;

11         2.  Invest any funds held on deposit in the trust fund

12  pursuant to general law; and

13         3.  Disburse the funds, including any interest earned,

14  to any provider of health care services, as provided in

15  paragraphs (b)(c) and (c)(d), upon directive from the

16  authorizing county.

17         (e)(f)  Notwithstanding any other provision of this

18  section, a county shall not levy local option sales surtaxes

19  authorized in this subsection and subsections (2) and (3) in

20  excess of a combined rate of 1 percent.

21         (f)(g)  This subsection expires October 1, 1998.

22         (7)  SCHOOL CAPITAL OUTLAY SURTAX.--

23         (a)  The school board in each county may levy, pursuant

24  to resolution conditioned to take effect only upon approval by

25  a majority vote of the electors of the county voting in a

26  referendum, a discretionary sales surtax at a rate that may

27  not exceed 0.5 percent.

28         (b)  The resolution shall include a statement that

29  provides a brief and general description of the school capital

30  outlay projects to be funded by the surtax. If applicable, the

31  resolution must state that the district school board has been

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  1  recognized by the State Board of Education as having a Florida

  2  Frugal Schools Program. The statement shall conform to the

  3  requirements of s. 101.161 and shall be placed on the ballot

  4  by the governing body of the county.  The following question

  5  shall be placed on the ballot:

  6

  7        ....FOR THE               ....CENTS TAX

  8        ....AGAINST THE           ....CENTS TAX

  9

10         (c)  Notwithstanding s. 212.054(5), the sales surtax

11  may take effect on the first day of any month, as fixed by the

12  resolution adopted pursuant to paragraph (a), but may not take

13  effect until at least 60 days after the date of approval by

14  the electors of the resolution adopted pursuant to paragraph

15  (a).

16         (c)(d)  The resolution providing for the imposition of

17  the surtax shall set forth a plan for use of the surtax

18  proceeds for fixed capital expenditures or fixed capital costs

19  associated with the construction, reconstruction, or

20  improvement of school facilities and campuses which have a

21  useful life expectancy of 5 or more years, and any land

22  acquisition, land improvement, design, and engineering costs

23  related thereto.  Additionally, the plan shall include the

24  costs of retrofitting and providing for technology

25  implementation, including hardware and software, for the

26  various sites within the school district.  Surtax revenues may

27  be used for the purpose of servicing bond indebtedness to

28  finance projects authorized by this subsection, and any

29  interest accrued thereto may be held in trust to finance such

30  projects. Neither the proceeds of the surtax nor any interest

31  accrued thereto shall be used for operational expenses. If the

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  1  district school board has been recognized by the State Board

  2  of Education as having a Florida Frugal Schools Program, the

  3  district's plan for use of the surtax proceeds must be

  4  consistent with this subsection and with uses assured under

  5  the Florida Frugal Schools Program.

  6         (d)(e)  Any school board imposing the surtax shall

  7  implement a freeze on noncapital local school property taxes,

  8  at the millage rate imposed in the year prior to the

  9  implementation of the surtax, for a period of at least 3 years

10  from the date of imposition of the surtax.  This provision

11  shall not apply to existing debt service or required state

12  taxes.

13         (e)(f)  Surtax revenues collected by the Department of

14  Revenue pursuant to this subsection shall be distributed to

15  the school board imposing the surtax in accordance with law.

16         Section 9.  Subsections (3) and (4) are added to

17  section 212.0601, Florida Statutes, to read:

18         212.0601  Use taxes of vehicle dealers.--

19         (3)  Unless otherwise exempted by law, a motor vehicle

20  dealer who loans a vehicle to any person at no charge shall

21  accrue use tax based on the annual lease value as determined

22  by the United States Interval Revenue Service's Automobile

23  Annual Lease Value Table.

24         (4)  Notwithstanding the provisions of a motor vehicle

25  rental agreement, no sales or use tax and no rental car

26  surcharge pursuant to s. 212.0606 shall accrue to the use of a

27  motor vehicle provided at no charge to a person whose motor

28  vehicle is being repaired, adjusted, or serviced by the entity

29  providing the replacement motor vehicle.

30         Section 10.  Paragraph (c) of subsection (2) of section

31  212.097, Florida Statutes, is amended to read:

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  1         212.097  Urban High-Crime Area Job Tax Credit

  2  Program.--

  3         (2)  As used in this section, the term:

  4         (c)  "New business" means any eligible business first

  5  beginning operation on a site in a qualified high-crime area

  6  and clearly separate from any other commercial or business

  7  operation of the business entity within a qualified high-crime

  8  area. A business entity that operated an eligible business

  9  within a qualified high-crime area within the 48 months before

10  the period provided for application by subsection (3) is date

11  shall not be considered a new business.

12         Section 11.  Paragraph (d) of subsection (2) of section

13  212.098, Florida Statutes, is amended to read:

14         212.098  Rural Job Tax Credit Program.--

15         (2)  As used in this section, the term:

16         (d)  "New business" means any eligible business first

17  beginning operation on a site in a qualified county and

18  clearly separate from any other commercial or business

19  operation of the business entity within a qualified county. A

20  business entity that operated an eligible business within a

21  qualified county within the 48 months before the period

22  provided for application by subsection (3) is date shall not

23  be considered a new business.

24         Section 12.  Subsection (1) of section 212.11, Florida

25  Statutes, is amended to read:

26         212.11  Tax returns and regulations.--

27         (1)(a)  Each dealer shall calculate his or her

28  estimated tax liability for any month by one of the following

29  methods:

30         1.  Sixty-six percent of the current month's liability

31  pursuant to this part as shown on the tax return;

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  1         2.  Sixty-six percent of the tax reported on the tax

  2  return pursuant to this part by a dealer for the taxable

  3  transactions occurring during the corresponding month of the

  4  preceding calendar year; or

  5         3.  Sixty-six percent of the average tax liability

  6  pursuant to this part for those months during the preceding

  7  calendar year in which the dealer reported taxable

  8  transactions.

  9         (b)  For the purpose of ascertaining the amount of tax

10  payable under this chapter, it shall be the duty of all

11  dealers to file make a return and remit the tax, on or before

12  the 20th day of the month, to the department, upon forms

13  prepared and furnished by it or in a format prescribed by it.

14  Such return must show, showing the rentals, admissions, gross

15  sales, or purchases, as the case may be, arising from all

16  leases, rentals, admissions, sales, or purchases taxable under

17  this chapter during the preceding calendar month.

18         (c)  However, the department may require:

19         1.  A quarterly return and payment when the tax

20  remitted by the dealer for the preceding four calendar

21  quarters did not exceed $1,000.

22         2.  A semiannual return and payment when the tax

23  remitted by the dealer for the preceding four calendar

24  quarters did not exceed $500.

25         3.  An annual return and payment when the tax remitted

26  by the dealer for the preceding four calendar quarters did not

27  exceed $100.

28         4.  A quarterly return and monthly payment when the tax

29  remitted by the dealer for the preceding four calendar

30  quarters exceeded $1,000 but did not exceed $12,000.

31

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  1         (d)  The department may authorize dealers who are newly

  2  required to file returns and pay tax quarterly to file returns

  3  and remit the tax for the 3-month periods ending in February,

  4  May, August, and November, and may authorize dealers who are

  5  newly required to file returns and pay tax semiannually to

  6  file returns and remit the tax for the 6-month periods ending

  7  in May and November.

  8         (e)  The department shall accept returns, except those

  9  required to be initiated through an electronic data

10  interchange, as timely if postmarked on or before the 20th day

11  of the month; if the 20th day falls on a Saturday, Sunday, or

12  federal or state legal holiday, returns shall be accepted as

13  timely if postmarked on the next succeeding workday.  Any

14  dealer who operates two or more places of business for which

15  returns are required to be filed with the department and

16  maintains records for such places of business in a central

17  office or place shall have the privilege on each reporting

18  date of filing a consolidated return for all such places of

19  business in lieu of separate returns for each such place of

20  business; however, such consolidated returns must clearly

21  indicate the amounts collected within each county of the

22  state. Any dealer who files a consolidated return shall

23  calculate his or her estimated tax liability for each county

24  by the same method the dealer uses to calculate his or her

25  estimated tax liability on the consolidated return as a whole.

26  Each dealer shall file a return for each tax period even

27  though no tax is due for such period.

28         (f)1.  A taxpayer who is required to remit taxes by

29  electronic funds transfer shall make a return in a manner form

30  that is initiated through an electronic data interchange.  The

31  acceptable method of transfer, the method, form, and content

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  1  of the electronic data interchange, giving due regard to

  2  developing uniform standards for formats as adopted by the

  3  American National Standards Institute, the circumstances under

  4  which an electronic data interchange shall serve as a

  5  substitute for the filing of another form of return, and the

  6  means, if any, by which taxpayers will be provided with

  7  acknowledgments, shall be as prescribed by the department. The

  8  department must accept such returns as timely if initiated and

  9  accepted on or before the 20th day of the month. If the 20th

10  day falls on a Saturday, Sunday, or federal or state legal

11  holiday, returns must be accepted as timely if initiated and

12  accepted on the next succeeding workday.

13         2.  The department may waive the requirement to make a

14  return through an electronic data interchange due to problems

15  arising from the taxpayer's computer capabilities, data

16  systems changes, and taxpayer operating procedures.  To obtain

17  a waiver, the taxpayer shall demonstrate in writing to the

18  department that such circumstances exist.

19         Section 13.  Subsection (1) of section 212.12, Florida

20  Statutes, is amended to read:

21         212.12  Dealer's credit for collecting tax; penalties

22  for noncompliance; powers of Department of Revenue in dealing

23  with delinquents; brackets applicable to taxable transactions;

24  records required.--

25         (1)  Notwithstanding any other provision of law and for

26  the purpose of compensating persons granting licenses for and

27  the lessors of real and personal property taxed hereunder, for

28  the purpose of compensating dealers in tangible personal

29  property, for the purpose of compensating dealers providing

30  communication services and taxable services, for the purpose

31  of compensating owners of places where admissions are

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  1  collected, and for the purpose of compensating remitters of

  2  any taxes or fees reported on the same documents utilized for

  3  the sales and use tax, as compensation for the keeping of

  4  prescribed records, filing timely tax returns, and the proper

  5  accounting and remitting of taxes by them, such seller,

  6  person, lessor, dealer, owner, and remitter (except dealers

  7  who make mail order sales) shall be allowed 2.5 percent of the

  8  amount of the tax due and accounted for and remitted to the

  9  department, in the form of a deduction in submitting his or

10  her report and paying the amount due by him or her; the

11  department shall allow such deduction of 2.5 percent of the

12  amount of the tax to the person paying the same for remitting

13  the tax and making of tax returns in the manner herein

14  provided, for paying the amount due to be paid by him or her,

15  and as further compensation to dealers in tangible personal

16  property for the keeping of prescribed records and for

17  collection of taxes and remitting the same. However, if the

18  amount of the tax due and remitted to the department for the

19  reporting period exceeds $1,200, no allowance shall be allowed

20  for all amounts in excess of $1,200.  The executive director

21  of the department is authorized to negotiate a collection

22  allowance, pursuant to rules promulgated by the department,

23  with a dealer who makes mail order sales.  The rules of the

24  department shall provide guidelines for establishing the

25  collection allowance based upon the dealer's estimated costs

26  of collecting the tax, the volume and value of the dealer's

27  mail order sales to purchasers in this state, and the

28  administrative and legal costs and likelihood of achieving

29  collection of the tax absent the cooperation of the dealer.

30  However, in no event shall the collection allowance negotiated

31

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  1  by the executive director exceed 10 percent of the tax

  2  remitted for a reporting period.

  3         (a)  The collection allowance may not be granted, nor

  4  may any deduction be permitted, if the required tax return or

  5  tax is delinquent at the time of payment.

  6         (b)  The Department of Revenue may deny reduce the

  7  collection allowance by 10 percent or $50, whichever is less,

  8  if a taxpayer files an incomplete return.

  9         1.  An "incomplete return" is, for purposes of this

10  chapter, a return which is lacking such uniformity,

11  completeness, and arrangement that the physical handling,

12  verification, or review of the return, or determination of

13  other taxes and fees reported on the return may not be readily

14  accomplished.

15         2.  The department shall adopt rules requiring such

16  information as it may deem necessary to ensure that the tax

17  levied hereunder is properly collected, reviewed, compiled,

18  reported, and enforced, including, but not limited to: the

19  amount of gross sales; the amount of taxable sales; the amount

20  of tax collected or due; the amount of lawful refunds,

21  deductions, or credits claimed; the amount claimed as the

22  dealer's collection allowance; the amount of penalty and

23  interest; the amount due with the return; and such other

24  information as the Department of Revenue may specify. The

25  department shall require that transient rentals and

26  agricultural equipment transactions be separately shown. For

27  returns remitted on or after February 1, 1992, the department

28  shall also require that Sales made through vending machines as

29  defined in s. 212.0515 must be separately shown on the return.

30  For returns remitted on or after February 1, 1995, Sales made

31  through coin-operated amusement machines as defined by s.

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  1  212.02 and the number of machines operated must be separately

  2  shown on the return or on a form prescribed by the department.

  3  If a separate form is required, the same penalties for late

  4  filing, incomplete filing, or failure to file as provided for

  5  the sales tax return shall apply to said form.

  6         (c)  The collection allowance and other credits or

  7  deductions provided in this chapter shall be applied

  8  proportionally to any taxes or fees reported on the same

  9  documents used for the sales and use tax.

10         Section 14.  Subsection (4) of section 212.17, Florida

11  Statutes, is amended to read:

12         212.17  Credits for returned goods, rentals, or

13  admissions; additional powers of department.--

14         (4)(a)  The department shall design, prepare, print and

15  furnish to all dealers, except dealers filing through

16  electronic data interchange, or make available or prescribe to

17  the said dealers, all necessary forms for filing returns and

18  instructions to ensure a full collection from dealers and an

19  accounting for the taxes due, but failure of any dealer to

20  secure such forms does shall not relieve the such dealer from

21  the payment of the said tax at the time and in the manner

22  herein provided.

23         (b)  The department shall prescribe the format and

24  instructions necessary for filing returns in a manner that is

25  initiated through an electronic data interchange to ensure a

26  full collection from dealers and an accounting for the taxes

27  due. The failure of any dealer to use such format does not

28  relieve the dealer from the payment of the tax at the time and

29  in the manner provided.

30         Section 15.  Effective January 1, 1999, subsection (1)

31  of section 213.053, Florida Statutes, is amended to read:

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  1         213.053  Confidentiality and information sharing.--

  2         (1)  The provisions of this section apply to s.

  3  125.0104, county government; s. 125.0108, tourist impact tax;

  4  chapter 175, municipal firefighters' pension trust funds;

  5  chapter 185, municipal police officers' retirement trust

  6  funds; chapter 198, estate taxes; chapter 199, intangible

  7  personal property taxes; chapter 201, excise tax on documents;

  8  chapter 203, gross receipts taxes; chapter 211, tax on

  9  severance and production of minerals; chapter 212, tax on

10  sales, use, and other transactions; chapter 220, income tax

11  code; chapter 221, emergency excise tax; s. 252.372, emergency

12  management, preparedness, and assistance surcharge; s.

13  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

14  pollutant spill prevention and control; s. 403.718, waste tire

15  fees; s. 403.7185, lead-acid battery fees; s. 403.7195, waste

16  newsprint disposal fees; s. 403.7197, advance disposal fees;

17  s. 538.09, registration of secondhand dealers; s. 538.25,

18  registration of secondary metals recyclers; ss. 624.501 and

19  624.509-624.515 ss. 624.509-624.514, insurance code:

20  administration and general provisions; s. 681.117, motor

21  vehicle warranty enforcement; and s. 896.102, reports of

22  financial transactions in trade or business.

23         Section 16.  Effective October 1, 1998, paragraph (a)

24  of subsection (4) of section 213.0535, Florida Statutes, is

25  amended to read:

26         213.0535  Registration Information Sharing and Exchange

27  Program.--

28         (4)  There are two levels of participation:

29         (a)  Each unit of state or local government responsible

30  for administering one or more of the provisions specified in

31  subparagraphs 1.-7. is a level-one participant. Level-one

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  1  participants shall exchange, monthly or quarterly, as

  2  determined jointly by each participant and the department, the

  3  data enumerated in subsection (2) for each new registrant, new

  4  filer, or initial reporter, permittee, or licensee, with

  5  respect to the following taxes, licenses, or permits:

  6         1.  The sales and use tax imposed under chapter 212.

  7         2.  The tourist development tax imposed under s.

  8  125.0104.

  9         3.  The tourist impact tax imposed under s. 125.0108.

10         4.  Local occupational license taxes imposed under

11  chapter 205.

12         5.  Convention development taxes imposed under s.

13  212.0305.

14         6.  Public lodging and food service establishment

15  licenses issued pursuant to chapter 509.

16         7.  Beverage law licenses issued pursuant to chapter

17  561.

18         Section 17.  Paragraph (a) of subsection (2) of section

19  213.21, Florida Statutes, is amended and subsection (7) is

20  added to that section to read:

21         213.21  Informal conferences; compromises.--

22         (2)(a)  The executive director of the department or his

23  or her designee is authorized to enter into a written closing

24  agreement with any taxpayer settling or compromising the

25  taxpayer's liability for any tax, interest, or penalty

26  assessed under any of the chapters specified in s. 72.011(1).

27  When such a closing agreement has been approved by the

28  department and signed by the executive director or his or her

29  designee and the taxpayer, it shall be final and conclusive;

30  and, except upon a showing of fraud or misrepresentation of

31  material fact or except as to adjustments pursuant to ss.

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  1  198.16 and 220.23, no additional assessment may be made by the

  2  department against the taxpayer for the tax, interest, or

  3  penalty specified in the closing agreement for the time period

  4  specified in the closing agreement, and the taxpayer shall not

  5  be entitled to institute any judicial or administrative

  6  proceeding to recover any tax, interest, or penalty paid

  7  pursuant to the closing agreement.  The department is

  8  authorized to delegate to the executive director the authority

  9  to approve any such closing agreement resulting in a tax

10  reduction of $250,000 $100,000 or less.

11         (7)(a)  When a taxpayer voluntarily self-discloses a

12  liability for tax to the department, the department may settle

13  and compromise the tax and interest due under the voluntary

14  self-disclosure to those amounts due for the 5 years

15  immediately preceding the date that the taxpayer initially

16  contacted the department concerning the voluntary

17  self-disclosure. For purposes of this paragraph, the term

18  "years" means tax years or calendar years, whichever is

19  applicable to the tax that is voluntarily self-disclosed. A

20  voluntary self-disclosure does not occur if the department has

21  contacted or informed the taxpayer that the department is

22  inquiring into the taxpayer's liability for tax or whether the

23  taxpayer is subject to tax in this state.

24         (b)  The department may further settle and compromise

25  the tax and interest due under a voluntary self-disclosure

26  when the department is able to determine that such further

27  settlement and compromise is in the best interests of this

28  state. When making this determination the department shall

29  consider, but is not limited to, the following:

30         1.  The amount of tax and interest that will be

31  collected and compromised under the voluntary self-disclosure;

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  1         2.  The financial ability of the taxpayer and the

  2  future outlook of the taxpayer's business and the industry

  3  involved;

  4         3.  Whether the taxpayer has paid or will be paying

  5  other taxes to the state;

  6         4.  The future voluntary compliance of the taxpayer;

  7  and

  8         5.  Any other factor that the department considers

  9  relevant to this determination.

10         (c)  This subsection does not limit the department's

11  ability to enter into further settlement and compromise of the

12  liability that is voluntarily self-disclosed based on any

13  other provision of this section.

14         (d)  This subsection does not apply to a voluntary

15  self-disclosure when the taxpayer collected, but failed to

16  remit, the tax to the state.

17         Section 18.  Subsection (6) of section 213.28, Florida

18  Statutes, is amended to read:

19         213.28  Contracts with private auditors.--

20         (6)  Certified public accountants entering into such

21  contracts must be in good standing under the laws of the state

22  in which they are licensed and in which the work is performed.

23  They shall be bound by the same confidentiality requirements

24  and subject to the same penalties as the department under s.

25  213.053. Any return, return information, or documentation

26  obtained from the Internal Revenue Service under an

27  information-sharing agreement is confidential and exempt from

28  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

29  State Constitution and shall not be divulged or disclosed in

30  any manner by an officer or employee of the department to any

31  certified public accountant under a contract authorized by

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  1  this section, unless the department and the Internal Revenue

  2  Service mutually agree to such disclosure.

  3         Section 19.  Section 213.67, Florida Statutes, is

  4  amended to read:

  5         213.67  Garnishment.--

  6         (1)  If a person is delinquent in the payment of any

  7  taxes, penalties, and interest owed to the department, the

  8  executive director or his or her designee may give notice of

  9  the amount of such delinquency by registered mail to all

10  persons having in their possession or under their control any

11  credits or personal property, exclusive of wages, belonging to

12  the delinquent taxpayer, or owing any debts to such delinquent

13  taxpayer at the time of receipt by them of such notice.

14  Thereafter, any person who has been notified may not transfer

15  or make any other disposition of such credits, other personal

16  property, or debts until the executive director or his or her

17  designee consents to a transfer or disposition or until 60

18  days after the receipt of such notice. If during the effective

19  period of the notice to withhold, any person so notified makes

20  any transfer or disposition of the property or debts required

21  to be withheld hereunder, he or she is liable to the state for

22  any indebtedness owed to the department by the person with

23  respect to whose obligation the notice was given to the extent

24  of the value of the property or the amount of the debts thus

25  transferred or paid if, solely by reason of such transfer or

26  disposition, the state is unable to recover the indebtedness

27  of the person with respect to whose obligation the notice was

28  given. If the delinquent taxpayer contests the intended levy

29  in circuit court or under chapter 120, the notice under this

30  section remains effective until that final resolution of the

31  contest. Any financial institution receiving such notice will

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  1  maintain a right of set-off for any transaction involving a

  2  debit card occurring on or before the date of receipt of such

  3  notice. The notice provided for in this section may be renewed

  4  when the taxpayer contests the intended levy in circuit court

  5  or under chapter 120, pending the final resolution of that

  6  action.

  7         (2)  All persons who have been notified must, within 5

  8  days after receipt of the notice, advise the executive

  9  director or his or her designee of the credits, other personal

10  property, or debts in their possession, under their control,

11  or owing them, and must advise the executive director or

12  designee within 5 days after coming into possession or control

13  of any subsequent credits, personal property, or debts owed

14  during the time prescribed by the notice. Any such person

15  coming into possession or control of such subsequent credits,

16  personal property, or debts may not transfer or dispose of

17  them during the time prescribed by the notice or before the

18  department consents to a transfer.

19         (3)  During the last 30 days of the 60-day period set

20  forth in subsection (1), the executive director or his or her

21  designee may levy upon such credits, other personal property,

22  or debts.  The levy must be accomplished by delivery of a

23  notice of levy by registered mail, upon receipt of which the

24  person possessing the credits, other personal property, or

25  debts shall transfer them to the department or pay to the

26  department the amount owed to the delinquent taxpayer.

27         (4)  A notice that is delivered under this section is

28  effective at the time of delivery against all credits, other

29  personal property, or debts of the delinquent taxpayer which

30  are not at the time of such notice subject to an attachment,

31  garnishment, or execution issued through a judicial process.

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  1         (5)  Any person acting in accordance with the terms of

  2  the notice or levy issued by the executive director or his or

  3  her designee is expressly discharged from any obligation or

  4  liability to the delinquent taxpayer with respect to such

  5  credits, other personal property, or debts of the delinquent

  6  taxpayer affected by compliance with the notice of freeze or

  7  levy.

  8         (6)(a)  Levy may be made under subsection (3) upon

  9  credits, other personal property, or debt of any person with

10  respect to any unpaid tax, penalties, and interest only after

11  the executive director or his or her designee has notified

12  such person in writing of the intention to make such levy.

13         (b)  No less than 30 days before the day of the levy,

14  the notice of intent to levy required under paragraph (a)

15  shall be given in person or sent by certified or registered

16  mail to the person's last known address.

17         (c)  The notice required in paragraph (a) must include

18  a brief statement that sets forth in simple and nontechnical

19  terms:

20         1.  The provisions of this section relating to levy and

21  sale of property;

22         2.  The procedures applicable to the levy under this

23  section;

24         3.  The administrative and judicial appeals available

25  to the taxpayer with respect to such levy and sale, and the

26  procedures relating to such appeals; and

27         4.  The alternatives, if any, available to taxpayers

28  which could prevent levy on the property.

29         (7)  A taxpayer may contest the notice of intent to

30  levy provided for under subsection (6) by filing an action in

31  circuit court. Alternatively, the taxpayer may file a petition

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  1  under the applicable provisions of chapter 120.  After an

  2  action has been initiated under chapter 120 to contest the

  3  notice of intent to levy, an action relating to the same levy

  4  may not be filed by the taxpayer in circuit court, and

  5  judicial review is exclusively limited to appellate review

  6  pursuant to s. 120.68. Also, after an action has been

  7  initiated in circuit court, an action may not be brought under

  8  chapter 120.

  9         (8)  An action may not be brought to contest a notice

10  of intent to levy under chapter 120 or in circuit court, later

11  than 21 days after the date of receipt of the notice of intent

12  to levy.

13         (9)  The department shall provide notice to the

14  Comptroller, in electronic or other form specified by the

15  Comptroller, listing the taxpayers for which tax warrants are

16  outstanding. Pursuant to subsection (1), the Comptroller

17  shall, upon notice from the department, withhold all payments

18  to any person or business, as defined in s. 212.02, which

19  provides commodities or services to the state, leases real

20  property to the state, or constructs a public building or

21  public work for the state. The department may levy upon the

22  withheld payments in accordance with subsection (3). The

23  provisions of s. 215.422 do not apply from the date the notice

24  is filed with the Comptroller until the date the department

25  notifies the Comptroller of its consent to make payment to the

26  person or 60 days after receipt of the department's notice in

27  accordance with subsection (1), whichever occurs earlier.

28         (10)  The department may bring an action in circuit

29  court for an order compelling compliance with any notice

30  issued under this section.

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  1         Section 20.  Section 213.755, Florida Statutes, is

  2  amended to read:

  3         213.755  Payment of taxes by electronic funds

  4  transfer.--

  5         (1)  The executive director of the Department of

  6  Revenue shall have authority to require a taxpayer to remit

  7  taxes by electronic funds transfer where the taxpayer,

  8  including consolidated filers, is subject to tax and has paid

  9  that tax in the prior state fiscal year in an amount of

10  $50,000 or more.

11         (2)  As used in any revenue law administered by the

12  department, the term:

13         (a)  "Payment" means any payment or remittance required

14  to be made or paid within a prescribed period or on or before

15  a prescribed date under the authority of any provision of a

16  revenue law which the department has the responsibility for

17  regulating, controlling, and administering. The term does not

18  include any remittance unless the amount of the remittance is

19  actually received by the department.

20         (b)  "Return" means any report, claim, statement,

21  notice, application, affidavit, or other document required to

22  be filed within a prescribed period or on or before a

23  prescribed date under the authority of any provision of a

24  revenue law which the department has the responsibility of

25  regulating, controlling, and administering.

26         (3)  Solely for the purposes of administering this

27  section:

28         (a)(1)  Taxes levied under parts I and II of chapter

29  206 shall be considered a single tax.

30

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  1         (b)(2)  A person required to remit a tax acting as a

  2  collection agent or dealer for the state shall nonetheless be

  3  considered the taxpayer.

  4         Section 21.  Paragraph (n) of subsection (1) and

  5  paragraph (c) of subsection (2) of section 220.03, Florida

  6  Statutes, are amended to read:

  7         220.03  Definitions.--

  8         (1)  SPECIFIC TERMS.--When used in this code, and when

  9  not otherwise distinctly expressed or manifestly incompatible

10  with the intent thereof, the following terms shall have the

11  following meanings:

12         (n)  "Internal Revenue Code" means the United States

13  Internal Revenue Code of 1986, as amended and in effect on

14  January 1, 1998 1997, except as provided in subsection (3).

15         (2)  DEFINITIONAL RULES.--When used in this code and

16  neither otherwise distinctly expressed nor manifestly

17  incompatible with the intent thereof:

18         (c)  Any term used in this code shall have the same

19  meaning as when used in a comparable context in the Internal

20  Revenue Code and other statutes of the United States relating

21  to federal income taxes, as such code and statutes are in

22  effect on January 1, 1998 1997. However, if subsection (3) is

23  implemented, the meaning of any term shall be taken at the

24  time the term is applied under this code.

25         Section 22.  (1)  Amendments to section 220.03, Florida

26  Statutes, made by section 21 of this act shall take effect

27  upon becoming law, and shall operate retroactively to January

28  1, 1998.

29         (2)  Amendments to section 68.082, Florida Statutes,

30  made by section 1 of this act are intended to be a remedial

31  clarification of the Legislature's intent upon the original

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  1  enactment of section 68.082, Florida Statutes, and shall take

  2  effect upon becoming law and operate retroactively to July 1,

  3  1994.

  4         Section 23.  Except as otherwise expressly provided by

  5  this act, this act shall take effect July 1, 1998.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                             SB 1952

  9

10  1)   provides an effective date to amendments made in 1997 to
         s. 192.001, F.S., involving the ad valorem taxation of
11       computer software;

12  2)   provides that shop supplies purchased by motor vehicle,
         airplane, or boat repair facilities, which are
13       incorporated into the repair, shall be deemed to be
         purchased for resale by the facility and not subject to
14       sales or use tax;

15  3)   authorizes a county to use an amount not to exceed 30
         percent of the local option sales surtax proceeds for
16       deposit to a trust fund within the county's accounts
         created for the purpose of economic development projects
17       of a general public purpose targeted to improve local
         economies, including the funding of operational costs and
18       incentives related to such economic development;

19  4)   provides that a motor vehicle dealer who loans a vehicle
         to a person at no charge shall accrue use tax based on
20       the annual lease value as determined by the U.S. IRS
         Automobile Annual Lease Value Table;
21
    5)   provides that no sales or use tax and no rental car
22       surcharge shall accrue to the use of a motor vehicle
         provided at no charge to a person whose motor vehicle is
23       being repaired by the entity providing the replacement
         vehicle; and
24
    6)   provides that amendments to section 68.082, F.S., made by
25       section 1 of the bill are intended to be a remedial
         clarification of the Legislature's intent upon the
26       original enactment of section 68.082, F.S., and shall
         take effect upon becoming a law and operate retroactively
27       to July 1, 1994.

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29

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