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House Bill 2035

Florida House of Representatives - 1997 HB 2035 By the Committee on Finance & Taxation and Representative Starks 1 A bill to be entitled 2 An act relating to taxation; repealing the 3 following sections of chapter 95-272, Laws of 4 Florida, which are scheduled to take effect 5 July 1, 1997, which sections would eliminate 6 the reorganization of the structure of the 7 Department of Revenue enacted by that chapter: 8 ss. 15 and 16, which amend ss. 20.04 and 20.21, 9 F.S., relating to the organizational structure 10 of the department; ss. 17, 18, 19, 20, 21, 22, 11 23, 24, 25, and 26, which amend ss. 189.412, 12 195.087, 195.096, 195.097, 200.068, 200.0684, 13 213.015, 213.053, 213.2201, and 409.2599, F.S., 14 relating to approval of property appraisers' 15 and tax collectors' budgets, review of 16 assessment rolls, certification of compliance 17 of taxing authorities, taxpayer rights, child 18 support enforcement, and department 19 publications, to conform; and s. 27, which 20 re-creates s. 213.0451, F.S., relating to 21 positions within the department; repealing s. 22 12, ch. 96-324, s. 3, ch. 96-403, and ss. 54 23 and 63, ch. 96-406, Laws of Florida, which are 24 intended to preserve the amendments to ss. 25 20.04, 189.412, 195.096, and 213.053, F.S., 26 contained in the sections repealed by this act; 27 providing legislative intent; amending s. 28 197.252, F.S.; providing that homestead tax 29 deferral shall not be granted if there are any 30 delinquent ad valorem or non-ad valorem taxes 31 outstanding against the property; amending s. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 197.253, F.S.; conforming provisions relating 2 to an appeal to the value adjustment board of 3 denial of homestead tax deferral to the time 4 limitations specified in s. 194.011, F.S.; 5 amending s. 199.052, F.S.; requiring banks and 6 financial organizations filing annual 7 intangible personal property tax returns for 8 their customers to file information using 9 machine-sensible media; amending s. 199.103, 10 F.S.; including middle tier stock holding 11 companies in provisions which provide for 12 valuation of stocks or shares of certain 13 savings associations for intangible personal 14 property tax purposes; correcting a reference; 15 creating s. 199.105, F.S.; providing for 16 taxation of certain intangible personal 17 property transferred to a person or entity 18 outside the state and then repurchased to avoid 19 taxation; providing that a grantor shall be 20 treated as owning property that constitutes 21 trust principal under certain conditions; 22 providing that such transfer or trust is prima 23 facie evidence of intent to avoid taxation, and 24 providing burden of proof; amending s. 203.01, 25 F.S.; providing clarification with respect to 26 the separate statement of the tax on gross 27 receipts for utility services on bills or 28 invoices; amending s. 203.63, F.S.; providing 29 clarification with respect to the separate 30 statement of the tax on gross receipts for 31 interstate and international telecommunication 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 services on bills or invoices; amending s. 2 212.05, F.S.; providing clarification with 3 respect to imposition of the tax on sales, use, 4 and other transactions on telecommunication 5 service; providing legislative intent; 6 specifying that certain sums charged as taxes 7 under ss. 203.01 and 203.63, F.S., and under 8 ch. 212, F.S., shall not be subject to refund, 9 notwithstanding requirements relating to 10 separate statement of such taxes on bills or 11 invoices; providing legislative intent; 12 amending s. 212.0515, F.S.; removing a 13 requirement that operators of vending machines 14 which dispense food or beverages make a 15 quarterly report to the department regarding 16 the number of machines operated, the gross 17 receipts therefrom, and the tax remitted; 18 amending s. 212.055, F.S.; authorizing charter 19 counties and counties as defined in s. 125.011, 20 F.S., to use the proceeds of local government 21 infrastructure surtax revenues and interest 22 thereon to retire or service indebtedness 23 incurred for certain bonds and to refund bonds 24 issued after a specified date; ratifying any 25 use of such proceeds or interest for purposes 26 of retiring or servicing indebtedness incurred 27 before July 1, 1997, for refunding certain 28 bonds; amending s. 212.10, F.S.; providing that 29 a corporation with an officer, director, or 30 majority shareholder who was previously 31 associated with a corporation that quit 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 business and failed to file a final sales tax 2 return or pay sales tax liability may be denied 3 the right to engage in business for a specified 4 period or until payment is made; providing for 5 delivery by registered mail of notice to a bank 6 that has in its possession or under its control 7 assets of a sales tax dealer who is delinquent 8 in payment of tax; providing that financial 9 institutions receiving notice of such 10 delinquency shall maintain a right of setoff 11 for certain debit card transactions; amending 12 s. 212.11, F.S.; providing requirements 13 relating to sales tax returns filed through 14 electronic data interchange; providing that a 15 business that purchases software required for 16 the electronic filing of tax information under 17 ch. 212, F.S., may deduct the cost thereof from 18 tax proceeds owed to the state up to a 19 specified amount; amending s. 212.12, F.S.; 20 revising provisions relating to the dealer's 21 credit for collecting sales tax; specifying 22 that the credit is also for the filing of 23 timely returns; authorizing the department to 24 deny, rather than reduce, the credit if an 25 incomplete return is filed; revising the 26 definition of "incomplete return"; amending s. 27 212.17, F.S.; providing that the department 28 shall prescribe the format for filing returns 29 through electronic data interchange and 30 specifying that failure to use the format does 31 not relieve a dealer from the payment of tax; 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 amending s. 213.755, F.S.; defining "return" 2 and "payment" for purposes of revenue laws 3 administered by the department; amending s. 4 213.053, F.S.; authorizing the department to 5 provide certain information to the Department 6 of Labor and Employment Security; amending s. 7 213.21, F.S.; revising provisions which 8 authorize the department to delegate to the 9 executive director authority to approve a 10 settlement or compromise of tax liability, to 11 increase the limit on the amount of tax 12 reduction with respect to which such delegation 13 may be made; specifying a time period for which 14 the department may settle and compromise tax 15 and interest due when a taxpayer voluntarily 16 self-discloses a tax liability and authorizing 17 further settlement and compromise under certain 18 circumstances; creating s. 213.285, F.S.; 19 authorizing the department to initiate a 20 certified audits project under which taxpayers 21 may hire qualified practitioners to review and 22 report on their tax compliance; providing 23 definitions; providing requirements for 24 participation by such practitioners and 25 taxpayers; providing requirements for the 26 conduct of certified audits; providing status 27 of the audit report; amending s. 213.053, F.S.; 28 authorizing the department to provide certain 29 information to the Board of Accountancy or to a 30 court with respect to a certified public 31 accountant participating in the project; 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 amending s. 213.21, F.S.; authorizing 2 settlement or compromise of penalties and 3 abatement of interest for taxpayers who 4 participate in the project; providing for 5 repeal of the certified audit program; amending 6 s. 213.67, F.S.; prohibiting disposition of 7 assets of a delinquent taxpayer that come into 8 the possession of another person after that 9 person receives garnishment notice from the 10 department for a specified period; requiring 11 the garnishee to notify the department of such 12 assets; providing that the garnishment notice 13 remains in effect while a taxpayer's contest of 14 an intended levy is pending; providing that a 15 financial institution shall maintain a right of 16 setoff for certain debit card transactions; 17 amending s. 215.26, F.S.; limiting the amount 18 of tax or fee that may be refunded when the law 19 under which a tax or fee was imposed is held 20 invalid; providing that claims for less than 21 $20 shall not be the basis for membership in a 22 class action seeking refund; specifying the 23 statutes under which an action to contest the 24 denial of a tax or fee refund may be brought 25 and requiring denial of a refund application 26 before such action may be initiated; requiring 27 denial of a refund claim if a taxpayer has not 28 contested or has unsuccessfully contested an 29 administrative garnishment; providing for 30 issuance of a notice of intent to deny a claim 31 for refund based on unconstitutionality or 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 invalidity of a tax or fee if the statute 2 imposing the tax or fee has not been so 3 adjudicated; amending s. 220.03, F.S.; updating 4 references to the Internal Revenue Code for 5 corporate income tax purposes; providing for 6 retroactive effect; creating s. 582.205, F.S.; 7 providing that a soil and water conservation 8 district which does not receive funds from 9 state or local government is exempt from the 10 special district fee imposed by the Department 11 of Community Affairs to administer the Uniform 12 Special District Accountability Act of 1989; 13 providing effective dates. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. (1) Sections 15, 16, 17, 18, 19, 20, 21, 18 22, 23, 24, 25, 26, and 27 of chapter 95-272, Laws of Florida, 19 section 12 of chapter 96-324, Laws of Florida, section 3 of 20 chapter 96-403, Laws of Florida, and sections 54 and 63 of 21 chapter 96-406, Laws of Florida, are hereby repealed. 22 (2) This section shall take effect July 1, 1997, or 23 upon this act becoming a law, whichever occurs earlier. 24 Section 2. It is the intent of the Legislature that 25 the amendments contained in the sections of chapter 95-272, 26 Laws of Florida, that are repealed by this act not be given 27 effect. If, at the legislative session at which this act is 28 enacted, other laws are enacted which include any of those 29 amendments, this act shall control. 30 Section 3. Subsection (3) of section 197.252, Florida 31 Statutes, is amended to read: 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 197.252 Homestead tax deferral.-- 2 (3) No tax deferral shall be granted: 3 (a) If the total amount of deferred taxes, non-ad 4 valorem assessments, and interest plus the total amount of all 5 other unsatisfied liens on the homestead exceeds 85 percent of 6 the assessed value of the homestead;, or 7 (b) If the primary mortgage financing on the homestead 8 is for an amount which exceeds 70 percent of the assessed 9 value of the homestead; or. 10 (c) If there are any delinquent ad valorem or non-ad 11 valorem taxes outstanding against the property. 12 Section 4. Paragraph (b) of subsection (2) of section 13 197.253, Florida Statutes, is amended to read: 14 197.253 Homestead tax deferral; application.-- 15 (2) 16 (b) Appeals of the decision of the tax collector to 17 the value adjustment board shall be in writing on a form 18 prescribed by the department and furnished by the tax 19 collector. Such appeal shall be filed with the value 20 adjustment board as provided in s. 194.011(3) within 20 days 21 after the applicant's receipt of the notice of disapproval. 22 The value adjustment board shall review the application and 23 the evidence presented to the tax collector upon which the 24 applicant based his or her claim for tax deferral and, at the 25 election of the applicant, shall hear the applicant in person, 26 or by agent on the applicant's behalf, on his or her right to 27 homestead tax deferral. The value adjustment board shall 28 reverse the decision of the tax collector and grant homestead 29 tax deferral to the applicant, if in its judgment the 30 applicant is entitled thereto, or affirm the decision of the 31 tax collector. Such action of the value adjustment board shall 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 be final unless the applicant or tax collector or other 2 lienholder, within 15 days from the date of disapproval of the 3 application by the board, files in the circuit court of the 4 county in which the property is located, a proceeding for a 5 declaratory judgment or other appropriate proceeding. 6 Section 5. Subsection (3) of section 194.011, Florida 7 Statutes, 1996 Supplement, reads: 8 194.011 Assessment notice; objections to 9 assessments.-- 10 (3) A petition to the value adjustment board shall 11 describe the property by parcel number and shall be filed as 12 follows: 13 (a) The property appraiser shall have available and 14 shall distribute forms prescribed by the Department of Revenue 15 on which the petition shall be made. Such petition shall be 16 sworn to by the petitioner. 17 (b) The completed petition shall be filed with the 18 clerk of the value adjustment board of the county, who shall 19 acknowledge receipt thereof and promptly furnish a copy 20 thereof to the property appraiser. 21 (c) The petition shall state the approximate time 22 anticipated by the taxpayer to present and argue his or her 23 petition before the board. 24 (d) The petition may be filed, as to valuation issues, 25 at any time during the taxable year on or before the 25th day 26 following the mailing of notice by the property appraiser as 27 provided in subsection (1). With respect to an issue 28 involving the denial of an exemption, an agricultural or 29 high-water recharge classification application, or a deferral, 30 the petition must be filed at any time during the taxable year 31 on or before the 30th day following the mailing of the notice 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 by the property appraiser under s. 193.461, s. 193.625, or s. 2 196.193 or notice by the tax collector under s. 197.253. 3 (e) A condominium association, cooperative 4 association, or any homeowners' association as defined in s. 5 723.075, with approval of its board of administration or 6 directors, may file with the value adjustment board a single 7 joint petition on behalf of any association members who own 8 parcels of property which the property appraiser determines 9 are substantially similar with respect to location, proximity 10 to amenities, number of rooms, living area, and condition. 11 The condominium association, cooperative association, or 12 homeowners' association as defined in s. 723.075 shall provide 13 the unit owners with notice of its intent to petition the 14 value adjustment board and shall provide at least 20 days for 15 a unit owner to elect, in writing, that his or her unit not be 16 included in the petition. 17 (f) An owner of contiguous, undeveloped parcels may 18 file with the value adjustment board a single joint petition 19 if the property appraiser determines such parcels are 20 substantially similar in nature. 21 (g) The individual, agent, or legal entity that signs 22 the petition becomes an agent of the taxpayer for the purpose 23 of serving process to obtain personal jurisdiction over the 24 taxpayer for the entire value adjustment board proceedings, 25 including any appeals of a board decision by the property 26 appraiser pursuant to s. 194.036. 27 Section 6. Subsection (15) is added to section 28 199.052, Florida Statutes, 1996 Supplement, to read: 29 199.052 Annual tax returns; payment of annual tax.-- 30 (15) A bank or financial organization filing annual 31 intangible tax returns for its customers is required to file 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 return information using magnetic media, electronic data 2 interchange, or other machine-sensible media. The information 3 required by this subsection shall be reported by a bank or 4 financial organization using specifications and instructions 5 of the department, unless the bank or financial organization 6 demonstrates to the satisfaction of the department that a 7 hardship exists. The department shall prescribe rules 8 necessary to administer the requirements of this subsection. 9 Section 7. Subsection (8) of section 199.103, Florida 10 Statutes, is amended to read: 11 199.103 Basis of assessment; valuation.--All 12 intangible personal property shall be subject to the annual 13 tax at its just valuation as of January 1 of each year. Such 14 property shall be valued in the following manner: 15 (8) Stocks or shares of a savings association or 16 middle tier stock holding company, held by a parent mutual 17 holding company, whose depositors are members of the mutual 18 holding company, which converted from a mutual savings 19 association to a mutual holding company pursuant to 12 U.S.C. 20 s. 1467a.(o) 1567(a)(o), shall be valued as of January 1 each 21 year on the same basis as ownership in the mutual savings 22 association was valued for intangible tax purposes prior to 23 the conversion. Stocks or shares of such a converted 24 association which are held by individuals or entities other 25 than the parent mutual holding company shall be valued 26 pursuant to subsection (1) or subsection (4). 27 Section 8. Section 199.105, Florida Statutes, is 28 created to read: 29 199.105 Anti-avoidance provision.-- 30 (1) Any taxpayer who within 30 days prior to December 31 31 of any year sells, transfers, or conveys any taxable 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 intangible personal property to any person or entity outside 2 the state, and within 30 days after the following January 1 3 repurchases or receives the same or identical property, shall 4 be taxed with regard to such property as if the transaction 5 had not taken place. Such a transfer shall be prima facie 6 evidence of intent to avoid taxation, and the burden of 7 proving the existence of a bona fide investment or business 8 purpose, other than the avoidance of taxes, for such 9 transaction shall be upon the taxpayer. 10 (2) If, by the terms or the operation of any trust, 11 any property that constitutes trust principal may revert to 12 the grantor of the trust or the grantor's estate during the 13 existence or upon termination of the trust, the grantor shall 14 be treated as owning the property. Such a trust shall be prima 15 facie evidence of intent to avoid taxation, and the burden of 16 proving the existence of a bona fide investment or business 17 purpose, other than the avoidance of taxes, for such a trust 18 shall be on the taxpayer. 19 (3) The department is authorized to adopt necessary 20 rules to carry out the intent of this section. 21 Section 9. Subsection (5) of section 203.01, Florida 22 Statutes, 1996 Supplement, is amended, and subsection (10) is 23 added to said section, to read: 24 203.01 Tax on gross receipts for utility services.-- 25 (5) The tax imposed pursuant to this part relating to 26 the provision of any utility services at the option of the 27 person supplying the taxable services may be separately stated 28 as Florida gross receipts tax on the total amount of any bill, 29 invoice, or other tangible evidence of the provision of such 30 taxable services and, when separately stated, the tax becomes 31 part of the total charge for the utility service may be added 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 as a component part of the total charge. Whenever a provider 2 of taxable services elects to separately state such tax as a 3 component of the charge for the provision of such taxable 4 services, every person, including all governmental units, 5 shall remit the tax to the person who provides such taxable 6 services as a part of the total bill, and the tax is a 7 component part of the debt of the purchaser to the person who 8 provides such taxable services until paid and, if unpaid, is 9 recoverable at law in the same manner as any other part of the 10 charge for such taxable services. For a utility, the decision 11 to separately state any increase in the rate of tax imposed by 12 this part which is effective after December 31, 1989, and the 13 ability to recover the increased charge from the customer 14 shall not be subject to regulatory approval. 15 (10) Notwithstanding the provisions of subsection (5) 16 and s. 212.07(2), sums that were charged or billed as taxes 17 under this section and chapter 212 and that were remitted to 18 the state in full as taxes shall not be subject to refund by 19 the state or by the utility which remitted the sums, when the 20 amount remitted was not in excess of the amount of tax imposed 21 by chapter 212 and this section. 22 Section 10. Subsection (1) of section 203.63, Florida 23 Statutes, is amended, and subsection (4) is added to said 24 section, to read: 25 203.63 Tax on interstate and international 26 telecommunication services.-- 27 (1) The tax imposed pursuant to this part relating to 28 the provision of any telecommunication services, at the option 29 of the person supplying the taxable services may be separately 30 stated as Florida gross receipts tax on the total amount of 31 any bill, invoice, or other tangible evidence of the provision 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 of such taxable services and, when separately stated, the tax 2 becomes part of the total charge for the telecommunications 3 services may be added as a component part of such charge. 4 Whenever a provider of taxable services elects to separately 5 state such tax as a component of the charge for the provision 6 of such taxable services, every person, including all 7 governmental units, shall remit the tax to the person who 8 provides such taxable services as a part of the total bill, 9 and the tax is a debt of the purchaser to the person who 10 provides such taxable services until paid and, if unpaid, is 11 recoverable at law in the same manner as the original charge 12 for such taxable services. 13 (4) Notwithstanding the provisions of subsection (1) 14 and s. 212.07(2), sums that were charged or billed as taxes 15 under this section and chapter 212 and that were remitted to 16 the state in full as taxes shall not be subject to refund by 17 the state or by the utility which remitted the sums, when the 18 amount remitted was not in excess of the amount of tax imposed 19 by chapter 212 and this section. 20 Section 11. It is the intent of the Legislature that 21 the creation of s. 203.01(10), Florida Statutes, 1996 22 Supplement, and s. 203.63(4), Florida Statutes, by this act 23 are a remedial clarification of existing law. 24 Section 12. Paragraph (e) of subsection (1) of section 25 212.05, Florida Statutes, 1996 Supplement, is amended to read: 26 212.05 Sales, storage, use tax.--It is hereby declared 27 to be the legislative intent that every person is exercising a 28 taxable privilege who engages in the business of selling 29 tangible personal property at retail in this state, including 30 the business of making mail order sales, or who rents or 31 furnishes any of the things or services taxable under this 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 chapter, or who stores for use or consumption in this state 2 any item or article of tangible personal property as defined 3 herein and who leases or rents such property within the state. 4 (1) For the exercise of such privilege, a tax is 5 levied on each taxable transaction or incident, which tax is 6 due and payable as follows: 7 (e)1. At the rate of 7 6 percent on the total charge 8 charges for: 9 a. All telegraph messages and long-distance telephone 10 calls beginning and terminating in this state, 11 Telecommunication service as defined in s. 203.012, and those 12 services described in s. 203.012(2)(a). The tax shall be 13 applied to the total charge for each individual message, call, 14 or other segment or component of telecommunication service for 15 which a customer is charged, except that the tax rate for 16 charges for telecommunication service is 7 percent. 17 b. Electrical power or energy. 18 2. At the rate of 6 percent on charges for: 19 a.b. Any television system program service. 20 b.c. The installation of telecommunication and 21 telegraphic equipment. 22 d. Electrical power or energy, except that the tax 23 rate for charges for electrical power or energy is 7 percent. 24 3.2. For purposes of this part, "television system 25 program service" means the transmitting, by any means, of any 26 audio or video signal to a subscriber for other than 27 retransmission, or the installing, connecting, reconnecting, 28 disconnecting, moving, or changing of any equipment related to 29 such service. For purposes of this part, the term 30 "telecommunication service" does not include local service 31 provided through a pay telephone. The provisions of s. 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 212.17(3), regarding credit for tax paid on charges 2 subsequently found to be worthless, shall be equally 3 applicable to any tax paid under the provisions of this 4 section on charges for telecommunication or telegraph services 5 or electric power subsequently found to be uncollectible. The 6 word "charges" in this paragraph does not include any excise 7 or similar tax levied by the Federal Government, any political 8 subdivision of the state, or any municipality upon the 9 purchase or sale of telecommunication, television system 10 program, or telegraph service or electric power, which tax is 11 collected by the seller from the purchaser. 12 4.3. Telegraph messages and telecommunication services 13 which originate or terminate in this state, other than 14 interstate private communication services, and are billed to a 15 customer, telephone number, or device located within this 16 state are taxable under this paragraph. Interstate private 17 communication services are taxable under this paragraph as 18 follows: 19 a. One hundred percent of the charge imposed at each 20 channel termination point within this state; 21 b. One hundred percent of the charge imposed for the 22 total channel mileage between each channel termination point 23 within this state; and 24 c. The portion of the interstate interoffice channel 25 mileage charge as determined by multiplying said charge times 26 a fraction, the numerator of which is the air miles between 27 the last channel termination point in this state and the 28 vertical and horizontal coordinates, 7856 and 1756, 29 respectively, and the denominator of which is the air miles 30 between the last channel termination point in this state and 31 the first channel termination point outside this state. The 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 denominator of this fraction shall be adjusted, if necessary, 2 by adding the numerator of said fraction to similarly 3 determined air miles in the state in which the other channel 4 termination point is located, so that the summation of the 5 apportionment factor for this state and the apportionment 6 factor for the other state is not greater than one, to ensure 7 that no more than 100 percent of the interstate interoffice 8 channel mileage charge can be taxed by this state and another 9 state. 10 5.4. The tax imposed pursuant to this paragraph shall 11 not exceed $50,000 per calendar year on charges to any person 12 for interstate telecommunications services defined in s. 13 203.012(4) and (7)(b), if the majority of such services used 14 by such person are for communications originating outside of 15 this state and terminating in this state. This exemption 16 shall only be granted to holders of a direct pay permit issued 17 pursuant to this subparagraph. No refunds shall be given for 18 taxes paid prior to receiving a direct pay permit. Upon 19 application, the department may issue a direct pay permit to 20 the purchaser of telecommunications services authorizing such 21 purchaser to pay tax on such services directly to the 22 department. Any vendor furnishing telecommunications services 23 to the holder of a valid direct pay permit shall be relieved 24 of the obligation to collect and remit the tax on such 25 service. Tax payments and returns pursuant to a direct pay 26 permit shall be monthly. For purposes of this subparagraph, 27 the term "person" shall be limited to a single legal entity 28 and shall not be construed as meaning a group or combination 29 of affiliated entities or entities controlled by one person or 30 group of persons. 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 6.5. If the sale of a television system program 2 service, as defined in this paragraph, also involves the sale 3 of an item exempt under s. 212.08(7)(j), the tax shall be 4 applied to the value of the taxable service when it is sold 5 separately. If the company does not offer this service 6 separately, the consideration paid shall be separately 7 identified and stated with respect to the taxable and exempt 8 portions of the transaction as a condition of the exemption, 9 except that the amount identified as taxable shall not be less 10 than the cost of the service. 11 Section 13. It is the intent of the Legislature that 12 the amendments by this act to ss. 203.01(5) and 212.05(1)(e), 13 Florida Statutes, 1996 Supplement, and s. 203.63(1), Florida 14 Statutes, are remedial and are intended to clarify existing 15 law. 16 Section 14. Subsection (4) of section 212.0515, 17 Florida Statutes, 1996 Supplement, is amended to read: 18 212.0515 Sales from vending machines; sales to vending 19 machine operators; special provisions; registration; quarterly 20 reports; penalties.-- 21 (4)(a) Each operator shall submit to the department on 22 or before the 20th day of the month following the close of 23 each calendar quarter a report in a format prescribed by the 24 department which provides: the number of vending machines 25 being operated by that operator in this state, which number is 26 coded to indicate whether the machines are food or beverage 27 machines; separate statements for food machines and for 28 beverage machines which indicate the gross receipts from the 29 operation of the machines during the quarterly period; and the 30 amount of tax remitted pursuant to this part with respect to 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 such receipts. All information shall be broken down by 2 county. 3 (b) A penalty of $250 per machine is imposed on an 4 operator who fails to properly obtain and display the required 5 notice on any machine. A penalty of $250 is imposed on an 6 operator who fails to timely file a quarterly report or who 7 files false information. Penalties accrue interest as 8 provided for delinquent taxes under this part and apply in 9 addition to all other applicable taxes, interest, and 10 penalties. 11 (c) The department is authorized to adopt rules 12 regarding the form in which the quarterly report required by 13 this subsection is to be submitted, which form may include 14 magnetic tape or other means of electronic transmission. 15 Section 15. Effective July 1, 1997, paragraph (d) of 16 subsection (2) of section 212.055, Florida Statutes, 1996 17 Supplement, is amended to read: 18 212.055 Discretionary sales surtaxes; legislative 19 intent; authorization and use of proceeds.--It is the 20 legislative intent that any authorization for imposition of a 21 discretionary sales surtax shall be published in the Florida 22 Statutes as a subsection of this section, irrespective of the 23 duration of the levy. Each enactment shall specify the types 24 of counties authorized to levy; the rate or rates which may be 25 imposed; the maximum length of time the surtax may be imposed, 26 if any; the procedure which must be followed to secure voter 27 approval, if required; the purpose for which the proceeds may 28 be expended; and such other requirements as the Legislature 29 may provide. Taxable transactions and administrative 30 procedures shall be as provided in s. 212.054. 31 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 (d)1. The proceeds of the surtax authorized by this 2 subsection and any interest accrued thereto shall be expended 3 by the school district or within the county and municipalities 4 within the county, or, in the case of a negotiated joint 5 county agreement, within another county, to finance, plan, and 6 construct infrastructure and to acquire land for public 7 recreation or conservation or protection of natural resources 8 and to finance the closure of county-owned or municipally 9 owned solid waste landfills that are already closed or are 10 required to close by order of the Department of Environmental 11 Protection. Any use of such proceeds or interest for purposes 12 of landfill closure prior to July 1, 1993, is ratified. 13 Neither the proceeds nor any interest accrued thereto shall be 14 used for operational expenses of any infrastructure, except 15 that any county with a population of less than 50,000 that is 16 required to close a landfill by order of the Department of 17 Environmental Protection may use the proceeds or any interest 18 accrued thereto for long-term maintenance costs associated 19 with landfill closure. Charter counties and counties, as 20 defined in s. 125.011(1), may, in addition, use the proceeds 21 and any interest accrued thereon to retire or service 22 indebtedness incurred for bonds issued prior to July 1, 1987, 23 for infrastructure purposes and, for bonds subsequently 24 issued, to refund such bonds. 25 2. For the purposes of this paragraph, 26 "infrastructure" means: 27 a. Any fixed capital expenditure or fixed capital 28 outlay associated with the construction, reconstruction, or 29 improvement of public facilities which have a life expectancy 30 of 5 or more years and any land acquisition, land improvement, 31 design, and engineering costs related thereto. 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 b. A fire department vehicle, an emergency medical 2 service vehicle, a sheriff's office vehicle, a police 3 department vehicle, or any other vehicle, and such equipment 4 necessary to outfit the vehicle for its official use or 5 equipment that has a life expectancy of at least 5 years. 6 Section 16. Any use of the proceeds of the surtax 7 authorized by s. 212.055(2), Florida Statutes, or of any 8 interest accrued on such proceeds, for purposes of retiring or 9 servicing indebtedness incurred before July 1, 1997, for 10 refunding bonds issued after July 1, 1987, is ratified. 11 Section 17. Subsections (2) and (3) of section 212.10, 12 Florida Statutes, are amended to read: 13 212.10 Sale of business; liability for tax, procedure, 14 penalty for violation.-- 15 (2) If any dealer liable for any tax, interest, or 16 penalty shall quit the business without the benefit of a 17 purchaser and there is no successor, successors, or assigns, 18 he or she shall make a final return and payment within 15 19 days. Any person failing to file such final return or and 20 make payment shall be denied the right to engage in any 21 business in the state until the person has filed such final 22 return and paid any moneys due. A corporation with an 23 officer, director, or majority shareholder that was previously 24 an officer, director, or majority shareholder of another 25 corporation subject to penalty under s. 213.29 that quit 26 business and failed to file a final return or pay any 27 liability imposed by this chapter may be denied the right to 28 engage in any business in the state for 5 years from the date 29 of the last delinquency or until such final return is filed 30 and payment is made.; and The Department of Legal Affairs is 31 hereby authorized to proceed by injunction, when requested by 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 the department to do so, to prevent by injunction any activity 2 in the performance of further business activity until such tax 3 is paid; and a temporary injunction enjoining further business 4 activity shall be granted without notice by any judge or 5 chancellor authorized by law to grant injunctions. 6 (3) In the event any dealer is delinquent in the 7 payment of the tax herein provided for, the department may 8 give notice of the amount of such delinquency by registered 9 mail to all persons having in their possession or under their 10 control any credits or other personal property belonging to 11 such dealer or owing any debts to such dealer at the time of 12 receipt by them of such notice. All persons so notified shall 13 within 5 days after receipt of the notice advise the 14 department of all such credits, other personal property, or 15 debts in their possession, under their control, or owing by 16 them. After receiving the notice, the persons so notified 17 shall neither transfer nor make any other disposition of the 18 credits, other personal property, or debts in their possession 19 or under their control at the time they receive the notice 20 until the department consents to a transfer or disposition or 21 until 60 days elapse after the receipt of the notice, 22 whichever period expires the earlier, except that the credits, 23 other personal property, or debts which exceed the delinquent 24 amount stipulated in the notice shall not be subject to the 25 provisions of this section, wherever held, in any case in 26 which such dealer does not have a prior history of sales tax 27 delinquencies. All persons notified shall likewise within 5 28 days advise the department of any subsequent credits or other 29 personal property belonging to such dealer or any debts 30 incurred and owing to such dealer which may come within their 31 possession or under their control during the time prescribed 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 by the notice or until the department consents to a transfer 2 or disposition, whichever expires the earlier. If such notice 3 seeks to prevent the transfer or other disposition of a 4 deposit in a bank or other credits or personal property in the 5 possession or under the control of a bank, the notice to be 6 effective shall be delivered by registered mail or mailed to 7 the office of such bank at which such deposit is carried or at 8 which such credits or personal property is held. If, during 9 the effective period of the notice to withhold, any person so 10 notified makes any transfer or disposition of the property or 11 debts required to be withheld hereunder, he or she shall be 12 liable to the state for any indebtedness due under this 13 chapter from the person with respect to whose obligation the 14 notice was given to the extent of the value of the property or 15 the amount of the debts thus transferred or paid if, solely by 16 reason of such transfer or disposition, the state is unable to 17 recover the indebtedness of the person with respect to whose 18 obligation the notice was given. All such credits or other 19 personal property or debts are subject to garnishment by the 20 department for satisfaction of the delinquent tax due. Any 21 financial institution receiving such notice shall maintain a 22 right of setoff for any transaction involving a debit card 23 occurring on or before the date of receipt of such notice. 24 Section 18. Subsection (1) of section 212.11, Florida 25 Statutes, 1996 Supplement, 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; 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 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 shall 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 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 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 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 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 shall accept such returns as timely if initiated 9 and accepted on or before the 20th day of the month; if the 10 20th day falls on a Saturday, Sunday, or federal or state 11 legal holiday, returns shall be accepted as timely if 12 initiated and 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 3. A business that purchases software required by the 20 department for the electronic filing of state tax information 21 under this chapter may deduct the cost of that software from 22 the tax proceeds under this chapter which the business owes to 23 the state, except that the amount deducted for each required 24 purchase may not exceed $130. 25 Section 19. Subsection (1) of section 212.12, Florida 26 Statutes, 1996 Supplement, is amended to read: 27 212.12 Dealer's credit for collecting tax; penalties 28 for noncompliance; powers of Department of Revenue in dealing 29 with delinquents; brackets applicable to taxable transactions; 30 records required.-- 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 (1) Notwithstanding any other provision of law and for 2 the purpose of compensating persons granting licenses for and 3 the lessors of real and personal property taxed hereunder, for 4 the purpose of compensating dealers in tangible personal 5 property, for the purpose of compensating dealers providing 6 communication services and taxable services, for the purpose 7 of compensating owners of places where admissions are 8 collected, and for the purpose of compensating remitters of 9 any taxes or fees reported on the same documents utilized for 10 the sales and use tax, as compensation for the keeping of 11 prescribed records, the filing of timely tax returns, and the 12 proper accounting and remitting of taxes by them, such seller, 13 person, lessor, dealer, owner, and remitter (except dealers 14 who make mail order sales) shall be allowed 2.5 percent of the 15 amount of the tax due and accounted for and remitted to the 16 department, in the form of a deduction in submitting his or 17 her report and paying the amount due by him or her; the 18 department shall allow such deduction of 2.5 percent of the 19 amount of the tax to the person paying the same for remitting 20 the tax and making tax returns in the manner herein provided, 21 for paying the amount due to be paid by him or her, and as 22 further compensation to dealers in tangible personal property 23 for the keeping of prescribed records and for collection of 24 taxes and remitting the same. However, if the amount of the 25 tax due and remitted to the department for the reporting 26 period exceeds $1,200, no allowance shall be allowed for all 27 amounts in excess of $1,200. The executive director of the 28 department is authorized to negotiate a collection allowance, 29 pursuant to rules promulgated by the department, with a dealer 30 who makes mail order sales. The rules of the department shall 31 provide guidelines for establishing the collection allowance 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 based upon the dealer's estimated costs of collecting the tax, 2 the volume and value of the dealer's mail order sales to 3 purchasers in this state, and the administrative and legal 4 costs and likelihood of achieving collection of the tax absent 5 the cooperation of the dealer. However, in no event shall the 6 collection allowance negotiated by the executive director 7 exceed 10 percent of the tax remitted for a reporting period. 8 (a) The collection allowance may not be granted, nor 9 may any deduction be permitted, if the required tax return or 10 tax is delinquent at the time of payment. 11 (b) The Department of Revenue may deny reduce the 12 collection allowance by 10 percent or $50, whichever is less, 13 if a taxpayer files an incomplete return. 14 1. An "incomplete return" is, for purposes of this 15 chapter, a return which is lacking such uniformity, 16 completeness, and arrangement that the physical handling, 17 verification, or review of the return or the determination of 18 other taxes and fees reported on the return may not be readily 19 accomplished. 20 2. The department shall adopt rules requiring such 21 information as it may deem necessary to ensure that the tax 22 levied hereunder is properly collected, reviewed, compiled, 23 reported, and enforced, including, but not limited to: the 24 amount of gross sales; the amount of taxable sales; the amount 25 of tax collected or due; the amount of lawful refunds, 26 deductions, or credits claimed; the amount claimed as the 27 dealer's collection allowance; the amount of penalty and 28 interest; the amount due with the return; and such other 29 information as the Department of Revenue may specify. The 30 department shall require that transient rentals and 31 agricultural equipment transactions be separately shown. For 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 returns remitted on or after February 1, 1992, the department 2 shall also require that Sales made through vending machines as 3 defined in s. 212.0515 shall be separately shown on the 4 return. For returns remitted on or after February 1, 1995, 5 Sales made through coin-operated amusement machines as defined 6 by s. 212.02 and the number of machines operated must be 7 separately shown on the return or on a form prescribed by the 8 department. If a separate form is required, the same penalties 9 for late filing, incomplete filing, or failure to file as 10 provided for the sales tax return shall apply to said form. 11 (c) The collection allowance and other credits or 12 deductions provided in this part shall be applied 13 proportionally to any taxes or fees reported on the same 14 documents used for the sales and use tax. 15 Section 20. Subsection (4) of section 212.17, Florida 16 Statutes, is amended to read: 17 212.17 Credits for returned goods, rentals, or 18 admissions; additional powers of department.-- 19 (4)(a) The department shall design, prepare, print and 20 furnish to all dealers, except dealers filing through an 21 electronic data interchange, or make available or prescribe to 22 said dealers, all necessary forms for filing returns and 23 instructions to ensure a full collection from dealers and an 24 accounting for the taxes due, but failure of any dealer to 25 secure such forms shall not relieve such dealer from the 26 payment of said tax at the time and in the manner herein 27 provided. 28 (b) The department shall prescribe the format and 29 instructions necessary for filing returns in a manner that is 30 initiated through an electronic data interchange to ensure a 31 full collection from dealers and an accounting for the taxes 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 due, but failure of any dealer to utilize such format shall 2 not relieve the dealer from the payment of said tax at the 3 time and in the manner herein provided. 4 Section 21. Section 213.755, Florida Statutes, as 5 amended by chapter 95-417, Laws of Florida, is amended to 6 read: 7 213.755 Payment of taxes by electronic funds 8 transfer.-- 9 (1) The executive director of the Department of 10 Revenue shall have authority to require a taxpayer to remit 11 taxes by electronic funds transfer where the taxpayer, 12 including consolidated filers, is subject to tax and has paid 13 that tax in the prior state fiscal year in an amount of 14 $50,000 or more. 15 (2) As used in any revenue law administered by the 16 department: 17 (a) "Return" means any report, claim, statement, 18 notice, application, affidavit, or other document required to 19 be filed within a prescribed period or on or before a 20 prescribed date under the authority of any provision of a 21 revenue law which the department has the responsibilty for 22 regulating, controlling, and administering. 23 (b) "Payment" means any payment or remittance required 24 to be made or paid within a prescribed period or on or before 25 a prescribed date under the authority of any provision of a 26 revenue law which the department has the responsibility for 27 regulating, controlling, and administering. However, the term 28 does not include any remittance unless the amount thereof is 29 actually received by the department. 30 (3) Solely for the purposes of administering this 31 section: 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 (a)(1) Taxes levied under parts I and II of chapter 2 206 shall be considered a single tax. 3 (b)(2) A person required to remit a tax acting as a 4 collection agent or dealer for the state shall nonetheless be 5 considered the taxpayer. 6 Section 22. Paragraphs (o) and (p) are added to 7 subsection (7) of section 213.053, Florida Statutes, 1996 8 Supplement, to read: 9 213.053 Confidentiality and information sharing.-- 10 (7) Notwithstanding any other provision of this 11 section, the department may provide: 12 (o) Information relative to chapters 212 and 220 to 13 the Department of Labor and Employment Security in the conduct 14 of its official duties. 15 (p) Information contained in returns, reports, 16 accounts, or declarations to the Board of Accountancy in 17 connection with a disciplinary proceeding conducted pursuant 18 to chapter 473 when related to a certified public accountant 19 participating in the certified audit project, or to the court 20 in connection with a civil proceeding brought by the 21 department relating to a claim for recovery of taxes due to 22 negligence on the part of a certified public accountant 23 participating in the certified audit project. In any judicial 24 proceeding brought by the department, upon motion for 25 protective order, the court shall limit disclosure of tax 26 information when necessary to effectuate the purposes of this 27 section. This paragraph is repealed on July 1, 1999. 28 29 Disclosure of information under this subsection shall be 30 pursuant to a written agreement between the executive director 31 and the agency. Such agencies, governmental or 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 nongovernmental, shall be bound by the same requirements of 2 confidentiality as the Department of Revenue. Breach of 3 confidentiality is a misdemeanor of the first degree, 4 punishable as provided by s. 775.082 or s. 775.083. 5 Section 23. Paragraph (a) of subsection (2) of section 6 213.21, Florida Statutes, 1996 Supplement, is amended, and 7 subsections (7) and (8) are added to said section, to read: 8 213.21 Informal conferences; compromises.-- 9 (2)(a) The executive director of the department or his 10 or her designee is authorized to enter into a written closing 11 agreement with any taxpayer settling or compromising the 12 taxpayer's liability for any tax, interest, or penalty 13 assessed under any of the chapters specified in s. 72.011(1). 14 When such a closing agreement has been approved by the 15 department and signed by the executive director or his or her 16 designee and the taxpayer, it shall be final and conclusive; 17 and, except upon a showing of fraud or misrepresentation of 18 material fact or except as to adjustments pursuant to ss. 19 198.16 and 220.23, no additional assessment may be made by the 20 department against the taxpayer for the tax, interest, or 21 penalty specified in the closing agreement for the time period 22 specified in the closing agreement, and the taxpayer shall not 23 be entitled to institute any judicial or administrative 24 proceeding to recover any tax, interest, or penalty paid 25 pursuant to the closing agreement. The department is 26 authorized to delegate to the executive director the authority 27 to approve any such closing agreement resulting in a tax 28 reduction of $250,000 $100,000 or less. 29 (7)(a) When a taxpayer voluntarily self-discloses a 30 liability for tax to the department, the department may settle 31 and compromise the tax and interest due under the voluntary 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 self-disclosure to those amounts due for the 7 years 2 immediately preceding the date that the taxpayer initially 3 contacted the department concerning the voluntary 4 self-disclosure. For purposes of this paragraph, "years" 5 means tax years or calendar years, whichever is applicable to 6 the tax that is voluntarily self-disclosed. A voluntary 7 self-disclosure shall not be deemed to exist if the department 8 has contacted or informed the taxpayer that the department is 9 inquiring into the taxpayer's liability for tax or whether the 10 taxpayer is subject to tax in Florida. 11 (b) The department may further settle and compromise 12 the tax and interest due under a voluntary self-disclosure 13 when the department is able to determine that such further 14 settlement and compromise is in the best interest of this 15 state. When making this determination the department shall 16 consider, but is not limited to considering, the following: 17 1. The amount of tax and interest that will be 18 collected and compromised under the voluntary self-disclosure. 19 2. The financial ability of the taxpayer and the 20 future outlook of the taxpayer's business and the industry 21 involved. 22 3. Whether the taxpayer has paid or will be paying 23 other taxes to the state. 24 4. The future voluntary compliance of the taxpayer. 25 5. Any other factor the department determines to be 26 relevant to making this determination. 27 (c) This subsection does not limit the department's 28 ability to enter into further settlement and compromise of the 29 liability that is voluntarily self-disclosed based on any 30 other provision of this section. 31 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 (d) This subsection shall not be applicable to a 2 voluntary self-disclosure when the taxpayer collected but 3 failed to remit the tax to the state. 4 (8) In order to determine whether certified audits are 5 an effective tool in the overall state tax collection effort, 6 the executive director of the department or the executive 7 director's designee shall settle or compromise penalty 8 liabilities of taxpayers who participate in the certified 9 audits project. As further incentive for participating in the 10 program, the department shall abate the first $25,000 of any 11 interest liability and 25 percent of any interest due in 12 excess of the first $25,000. A settlement or compromise of 13 penalties or interest pursuant to this subsection shall not be 14 subject to the provisions of paragraph (3)(a), except for the 15 requirement relating to maintenance of records of compromises 16 and the confidentiality of those records. The department may 17 consider an additional compromise of tax or interest pursuant 18 to the provisions of paragraph (3)(a). This subsection does 19 not apply to any liability related to taxes collected but not 20 remitted to the department. This subsection is repealed July 21 1, 1999. 22 Section 24. Section 213.285, Florida Statutes, is 23 created to read: 24 213.285 Certified audits.-- 25 (1) As used in this section: 26 (a) "Certification program" means an instructional 27 curriculum and examination for professional development of 28 certified public accountants which is administered by an 29 independent provider and which is officially approved by the 30 department to ensure that a certified public accountant 31 possesses the necessary skills and abilities to successfully 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 perform an attestation engagement for tax compliance review in 2 a certified audits project. 3 (b) "Department" means the Department of Revenue. 4 (c) "Participating taxpayer" means any person subject 5 to the revenue laws administered by the department who enters 6 into an engagement with a qualified practitioner for tax 7 compliance review and who is approved by the department under 8 the certified audits project. 9 (d) "Qualified practitioner" means a certified public 10 accountant who is licensed to practice in Florida, who is in 11 good standing with the Board of Accountancy, and who has 12 completed the certification program. 13 (2)(a) The department is authorized to initiate a 14 certified audits project to further enhance tax compliance 15 reviews performed by qualified practitioners and to encourage 16 taxpayers to hire qualified practitioners at their own expense 17 to review and report on their tax compliance. The nature of 18 certified audit work performed by qualified practitioners 19 shall be agreed-upon procedures in which the department is the 20 specified user of the resulting report. 21 (b) The department is authorized to adopt rules 22 necessary to implement a certified audits project. 23 (c) As an incentive for taxpayers to incur the costs 24 of a certified audit, the department shall compromise 25 penalties and abate interest due on any tax liabilities 26 revealed by a certified audit as provided in s. 213.21. This 27 authority to compromise penalties or abate interest shall not 28 apply to any liability for taxes that were collected by the 29 participating taxpayer but that were not remitted to the 30 department. 31 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 (d) The certified audits project is repealed on July 2 1, 1999, or upon completion of the project as determined by 3 the department, whichever occurs first. 4 (3) Any practitioner responsible for planning, 5 directing, or conducting a certified audit or reporting on a 6 participating taxpayer's tax compliance in a certified audit 7 must be a qualified practitioner. For the purposes of this 8 subsection, a practitioner is considered responsible for: 9 1. "Planning" in a certified audit when performing 10 work that involves determining the objectives, scope, and 11 methodology of the certified audit, when establishing criteria 12 to evaluate matters subject to the review as part of the 13 certified audit, when gathering information used in planning 14 the certified audit, or when coordinating the certified audit 15 with the department. 16 2. "Directing" in a certified audit when the work 17 involves supervising the efforts of others who are involved or 18 when reviewing the work to determine whether it is properly 19 accomplished and complete. 20 3. "Conducting" a certified audit when performing 21 tests and procedures or field audit work necessary to 22 accomplish the audit objectives in accordance with applicable 23 standards. 24 4. "Reporting" on a participating taxpayer's tax 25 compliance in a certified audit when determining report 26 contents and substance or reviewing reports for technical 27 content and substance prior to issuance. 28 (4)(a) The qualified practitioner shall notify the 29 department of an engagement to perform a certified audit and 30 shall provide the department with the information the 31 department deems necessary to identify the taxpayer, to 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 confirm that the taxpayer is not already under audit by the 2 department, and to establish the basic nature of the 3 taxpayer's business and the taxpayer's potential exposure to 4 Florida revenue laws. The information provided in the 5 notification shall include the taxpayer's name, federal 6 employer identification or social security number, state tax 7 account number, mailing address, business location, and the 8 specific taxes and period proposed to be covered by the 9 engagement for the certified audit. In addition, the notice 10 shall include the name, address, identification number, 11 contact person, and telephone number of the engaged firm. 12 (b) If the taxpayer has not been issued a written 13 notice of intent to conduct an audit, the taxpayer shall be a 14 participating taxpayer and the department shall so advise the 15 qualified practitioner in writing within 10 days after receipt 16 of the engagement notice. However, the department may exclude 17 a taxpayer from a certified audit or may limit the taxes or 18 periods subject to the certified audit on the basis that the 19 department has previously conducted an audit, that it is in 20 the process of conducting an investigation or other 21 examination of the taxpayer's records, or for just cause 22 determined solely by the department. 23 (c) Notice of the qualification of a taxpayer for a 24 certified audit shall toll the statute of limitations provided 25 in s. 95.091 with respect to the taxpayer for the tax and 26 periods covered by the engagement. 27 (d) Within 30 days of receipt of the notice of 28 qualification from the department, the qualified practitioner 29 shall contact the department and submit a proposed audit plan 30 and procedures for review and agreement by the department. 31 The department may extend the time for submission of the plan 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 and procedures for reasonable cause. The qualified 2 practitioner shall initiate action to advise the department 3 that amendment or modification of the plan and procedures is 4 necessary in the event the qualified practitioner's inspection 5 reveals the taxpayer's circumstances or exposure to the 6 revenue laws is substantially different than as described in 7 the engagement notice. 8 (5) Upon the department's designation of the 9 agreed-upon procedures to be followed by the practitioner in 10 the certified audit, the qualified practitioner shall proceed 11 to perform the engagement and shall timely submit a completed 12 report to the department. The report shall attest to the 13 taxpayer's compliance with the specific laws during the 14 periods specified in the notification. The report shall 15 affirm completion of the agreed-upon procedures and shall 16 provide any required disclosures. 17 (6) The department shall review the report of the 18 certified audit and shall accept it when it is determined to 19 be complete. Once the report is accepted by the department, 20 the department shall issue a notice of proposed assessment 21 reflecting the determination of any additional liability 22 reflected in the report and shall provide the taxpayer with 23 all the normal payment, protest, and appeal rights with 24 respect to the liability. In cases where the report indicates 25 an overpayment has been made, the taxpayer shall submit a 26 properly executed application for refund to the department. 27 Otherwise, the certified audit report is a final and 28 conclusive determination with respect to the tax and period 29 covered. No additional assessment may be made by the 30 department for the specific taxes and period referenced in the 31 report, except upon a showing of fraud or misrepresentation of 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 material facts and except for adjustments made under s. 220.23 2 or s. 198.16. This determination shall not prevent the 3 department from collecting liabilities not covered by the 4 report or from conducting an audit or investigation and making 5 an assessment for additional tax, penalty, or interest for any 6 tax or period not covered by the report. 7 Section 25. Subsections (1) and (2) of section 213.67, 8 Florida Statutes, are amended to read: 9 213.67 Garnishment.-- 10 (1) If a person is delinquent in the payment of any 11 taxes, penalties, and interest owed to the department, the 12 executive director or his or her designee may give notice of 13 the amount of such delinquency by registered mail to all 14 persons having in their possession or under their control any 15 credits or personal property, exclusive of wages, belonging to 16 the delinquent taxpayer, or owing any debts to such delinquent 17 taxpayer at the time of receipt by them of such notice. 18 Thereafter, any person who has been notified may not transfer 19 or make any other disposition of such credits, other personal 20 property, or debts, or of any such credits, other personal 21 property, or debts which may come within such person's 22 possession or under his or her control during the time 23 prescribed by the notice, until the executive director or his 24 or her designee consents to a transfer or disposition or until 25 60 days after the receipt of such notice. Any person who has 26 been notified may transfer or make any other disposition of 27 such credits, other personal property, or debts which are in 28 or may come under such person's possession or control and 29 which are in excess of the amount provided for in the notice. 30 If The notice provided for in this section may be renewed when 31 the delinquent taxpayer contests the intended levy in circuit 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 court or under chapter 120, the notice required by this 2 subsection shall remain in effect until pending the final 3 resolution of that action. Any financial institution receiving 4 such notice shall maintain a right of setoff for any 5 transaction involving a debit card occurring on or before the 6 date of receipt of such notice. 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. In addition, such persons must advise the 12 executive director or his or her designee of any subsequent 13 credits or other personal property belonging to the delinquent 14 taxpayer or debts owing to the delinquent taxpayer which may 15 come within their possession or under their control during the 16 time prescribed by the notice or until the executive director 17 or his or her designee consents to a transfer or disposition, 18 whichever expires earlier. Notification of such subsequent 19 credits, property, or debts must be made within 5 days after 20 the credit, property, or debt is received or comes under such 21 person's control. 22 (3) During the last 30 days of the 60-day period set 23 forth in subsection (1), the executive director or his or her 24 designee may levy upon such credits, other personal property, 25 or debts. The levy must be accomplished by delivery of a 26 notice of levy, upon receipt of which the person possessing 27 the credits, other personal property, or debts shall transfer 28 them to the department or pay to the department the amount 29 owed to the delinquent taxpayer. 30 (4) A notice that is delivered under this section is 31 effective at the time of delivery against all credits, other 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 personal property, or debts of the delinquent taxpayer which 2 are not at the time of such notice subject to an attachment, 3 garnishment, or execution issued through a judicial process. 4 (5) Any person acting in accordance with the terms of 5 the notice or levy issued by the executive director or his or 6 her designee is expressly discharged from any obligation or 7 liability to the delinquent taxpayer with respect to such 8 credits, other personal property, or debts of the delinquent 9 taxpayer affected by compliance with the notice of freeze or 10 levy. 11 (6)(a) Levy may be made under subsection (3) upon 12 credits, other personal property, or debt of any person with 13 respect to any unpaid tax, penalties, and interest only after 14 the executive director or his or her designee has notified 15 such person in writing of the intention to make such levy. 16 (b) No less than 30 days before the day of the levy, 17 the notice of intent to levy required under paragraph (a) 18 shall be given in person or sent by certified or registered 19 mail to the person's last known address. 20 (c) The notice required in paragraph (a) must include 21 a brief statement that sets forth in simple and nontechnical 22 terms: 23 1. The provisions of this section relating to levy and 24 sale of property; 25 2. The procedures applicable to the levy under this 26 section; 27 3. The administrative and judicial appeals available 28 to the taxpayer with respect to such levy and sale, and the 29 procedures relating to such appeals; and 30 4. The alternatives, if any, available to taxpayers 31 which could prevent levy on the property. 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 (7) A taxpayer may contest the notice of intent to 2 levy provided for under subsection (6) by filing an action in 3 circuit court. Alternatively, the taxpayer may file a petition 4 under the applicable provisions of chapter 120. After an 5 action has been initiated under chapter 120 to contest the 6 notice of intent to levy, an action relating to the same levy 7 may not be filed by the taxpayer in circuit court, and 8 judicial review is exclusively limited to appellate review 9 pursuant to s. 120.68. Also, after an action has been 10 initiated in circuit court, an action may not be brought under 11 chapter 120. 12 (8) An action may not be brought to contest a notice 13 of intent to levy under chapter 120 or in circuit court, later 14 than 21 days after the date of receipt of the notice of intent 15 to levy. 16 (9) The department shall provide notice to the 17 Comptroller, in electronic or other form specified by the 18 Comptroller, listing the taxpayers for which tax warrants are 19 outstanding. Pursuant to subsection (1), the Comptroller 20 shall, upon notice from the department, withhold all payments 21 to any person or business, as defined in s. 212.02, which 22 provides commodities or services to the state, leases real 23 property to the state, or constructs a public building or 24 public work for the state. The department may levy upon the 25 withheld payments in accordance with subsection (3). The 26 provisions of s. 215.422 do not apply from the date the notice 27 is filed with the Comptroller until the date the department 28 notifies the Comptroller of its consent to make payment to the 29 person or 60 days after receipt of the department's notice in 30 accordance with subsection (1), whichever occurs earlier. 31 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 Section 26. Section 215.26, Florida Statutes, 1996 2 Supplement, is amended to read: 3 215.26 Repayment of funds paid into State Treasury 4 through error.-- 5 (1) The Comptroller of the state may refund to the 6 person who paid same, or his or her heirs, personal 7 representatives, or assigns, any moneys paid into the State 8 Treasury which constitute: 9 (a) An overpayment of any tax, license, or account 10 due; 11 (b) A payment where no tax, license, or account is 12 due; and 13 (c) Any payment made into the State Treasury in error; 14 15 and if any such payment has been credited to an appropriation, 16 such appropriation shall at the time of making any such 17 refund, be charged therewith. There are appropriated from the 18 proper respective funds from time to time such sums as may be 19 necessary for such refunds. 20 (2)(a) Application for refunds as provided by this 21 section must be filed with the Comptroller, except as 22 otherwise provided in this paragraph subsection, within 3 23 years after the right to the refund has accrued or else the 24 right is barred. Except as provided in chapter 198 and s. 25 220.23, an application for a refund of a tax enumerated in s. 26 72.011, which tax was paid after September 30, 1994, must be 27 filed with the Comptroller within 5 years after the date the 28 tax is paid. The Comptroller may delegate the authority to 29 accept an application for refund to any state agency, or the 30 judicial branch, vested by law with the responsibility for the 31 collection of any tax, license, or account due. The 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 application for refund must be on a form approved by the 2 Comptroller and must be supplemented with additional proof the 3 Comptroller deems necessary to establish the claim; provided, 4 the claim is not otherwise barred under the laws of this 5 state. Upon receipt of an application for refund, the judicial 6 branch or the state agency to which the funds were paid shall 7 make a determination of the amount due. If an application for 8 refund is denied, in whole or in part, the judicial branch or 9 such state agency shall notify the applicant stating the 10 reasons therefor. Upon approval of an application for refund, 11 the judicial branch or such state agency shall furnish the 12 Comptroller with a properly executed voucher authorizing 13 payment. 14 (b) In any proceeding involving the validity of any 15 law under which taxes, fees, license fees, permit fees, or 16 surcharges assessed or imposed have been collected and 17 remitted to the Comptroller or the Comptroller's designee, 18 when an order adjudicating the law invalid has been entered by 19 the Supreme Court of Florida and the time limit for any 20 further proceeding to sustain the validity of the law has 21 expired, the provisions of paragraph (a) notwithstanding, only 22 taxes, fees, license fees, permit fees, or surcharges paid 23 under the invalidated law within 1 year prior to the date the 24 action was filed in a circuit court challenging the validity 25 of the law or thereafter shall be refunded and repaid in the 26 manner provided in this section. 27 (3) No refund of moneys referred to in this section 28 shall be made of an amount which is less than $1, except upon 29 application. Claims for less than $20 may be sought 30 individually pursuant to this section but shall not be the 31 basis for membership in a class action seeking a refund. 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 (4)(a) This section is the exclusive procedure and 2 remedy for refund claims between individual funds and accounts 3 in the State Treasury. 4 (b) No action to contest the denial of any refund 5 application for a refund of any tax, fee, license fee, permit 6 fee, surcharge, or account due under this section may be 7 brought under the provisions of any section of the Florida 8 Statutes other than s. 72.011 or s. 120.80(14)(b). No such 9 action shall be initiated until an application for refund has 10 been filed pursuant to this section and the refund claim has 11 been denied. This paragraph applies equally to every member 12 of a class of plaintiffs seeking such refund. 13 (5) When a taxpayer has pursued administrative 14 remedies before the Department of Revenue pursuant to s. 15 213.21 and has failed to comply with the time limitations and 16 conditions provided in ss. 72.011 and 120.80(14)(b), a claim 17 of refund under subsection (1) shall be denied by the 18 Comptroller. However, the Comptroller may entertain a claim 19 for refund under this subsection when the taxpayer 20 demonstrates that his or her failure to pursue remedies under 21 chapter 72 was not due to neglect or for the purpose of 22 delaying payment of lawfully imposed taxes and can demonstrate 23 reasonable cause for such failure. When a taxpayer has not 24 contested or has unsuccessfully contested an administrative 25 garnishment under s. 213.67, either in circuit court or under 26 chapter 120, a claim for refund under subsection (1) shall be 27 denied. 28 (6) A taxpayer may contest a denial of refund of tax, 29 fee, license fee, permit fee, surcharge, or account due, 30 including interest, or penalty, solely under paid under a 31 section or chapter specified in s. 72.011(1) pursuant to the 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 provisions of ss. s. 72.011 and 120.80(14)(b) and no other 2 provision of Florida Statutes. 3 (7) When a taxpayer files an application for refund 4 claiming as the basis for the refund that the statute 5 providing for the imposition of such tax, fee, license fee, 6 permit fee, or surcharge is unconstitutional or invalid, and 7 the statute has not previously been adjudicated 8 unconstitutional or invalid by a court of competent 9 jurisdiction, the department shall issue its notice of intent 10 to deny such claim within 90 days of the date an application 11 has been filed in accordance with this section. 12 Section 27. (1) Paragraph (n) of subsection (1) and 13 paragraph (c) of subsection (2) of section 220.03, Florida 14 Statutes, 1996 Supplement, are amended to read: 15 220.03 Definitions.-- 16 (1) SPECIFIC TERMS.--When used in this code, and when 17 not otherwise distinctly expressed or manifestly incompatible 18 with the intent thereof, the following terms shall have the 19 following meanings: 20 (n) "Internal Revenue Code" means the United States 21 Internal Revenue Code of 1986, as amended and in effect on 22 January 1, 1997 1996, except as provided in subsection (3). 23 (2) DEFINITIONAL RULES.--When used in this code and 24 neither otherwise distinctly expressed nor manifestly 25 incompatible with the intent thereof: 26 (c) Any term used in this code shall have the same 27 meaning as when used in a comparable context in the Internal 28 Revenue Code and other statutes of the United States relating 29 to federal income taxes, as such code and statutes are in 30 effect on January 1, 1997 1996. However, if subsection (3) is 31 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 implemented, the meaning of any term shall be taken at the 2 time the term is applied under this code. 3 (2) This section shall take effect upon this act 4 becoming a law and shall operate retroactively to January 1, 5 1997. 6 Section 28. Effective July 1, 1997, section 582.205, 7 Florida Statutes, is created to read: 8 582.205 Exemption from special district fee.--A soil 9 and water conservation district created pursuant to this 10 chapter which in any fiscal year does not receive any funds 11 for its operation from state or local government is exempt 12 from the special district fee imposed by the Department of 13 Community Affairs under s. 189.427 for that fiscal year. 14 Section 29. Except as otherwise provided herein, this 15 act shall take effect upon becoming a law. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 ***************************************** 2 HOUSE SUMMARY 3 Revises various provisions relating to taxation and 4 administration of revenue laws by the Department of Revenue as follows: 5 1. Department reorganization: Provides that the reorganization of the structure of the Department of 6 Revenue enacted by ch. 95-272, Laws of Florida, shall remain in effect and not be eliminated on July 1, 1997, 7 as currently scheduled. 2. Ad valorem taxes: Provides that homestead tax 8 deferral shall not be granted if there are delinquent taxes outstanding against the property. Conforms 9 conflicting time requirements relating to an appeal to the value adjustment board of denial of homestead tax 10 deferral. 3. Intangible taxes: Requires banks and financial 11 organizations filing annual intangible tax returns for their customers to file information using 12 machine-sensible media. Includes middle tier stock holding companies in certain valuation provisions. 13 Provides for taxation of certain intangible personal property transferred to a person or entity outside the 14 state and then repurchased to avoid taxation, and provides that a grantor shall be treated as owning 15 property that constitutes trust principal under certain conditions. 16 4. Gross receipts taxes: Clarifies provisions relating to the separate statement of the tax on bills, 17 and to amounts charged as gross receipts taxes and as sales taxes on telecommunication services. 18 5. Sales tax: Removes a quarterly report requirement for food and beverage vending machine 19 operators. Authorizes certain counties to use the proceeds of local government infrastructure surtax 20 revenues and interest to retire or service indebtedness incurred for certain bonds and to refund bonds issued 21 after a specified date. Provides that a corporation with an officer, director, or majority shareholder who was 22 previously associated with a corporation that quit business and failed to file a final sales tax return or 23 pay sales tax liability may be denied the right to engage in business for a specified period. Provides for delivery 24 by registered mail of notice to a bank that has in its possession or under its control assets of a sales tax 25 dealer who is delinquent in payment of tax and provides certain right of setoff for financial institutions. 26 Provides requirements relating to sales tax returns filed through electronic data interchange. Allows deduction of 27 certain required software costs from tax proceeds. Authorizes the department to deny, rather than reduce, 28 the dealer's credit if an incomplete return is filed. 6. General administration: Authorizes the 29 department to provide certain information to the Department of Labor and Employment Security. Increases 30 the limit on settlements or compromises which the executive director may delegate authority to approve. 31 Specifies a time period for which the department may settle and compromise tax and interest due when a 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2035 696-103A-97 1 taxpayer voluntarily self-discloses a tax liability and authorizes further settlement and compromise under 2 certain circumstances. 7. Certified audits project: Authorizes the 3 department to initiate a certified audits project under which taxpayers may hire qualified practitioners to 4 review and report on their tax compliance. Authorizes the department to provide certain information to the 5 Board of Accountancy or to a court with respect to a certified public accountant participating in the project. 6 Authorizes settlement or compromise of penalties and abatement of interest for the taxpayers who participate 7 in the project. Provides for repeal of the project. 8. Enforcement and refunds: Revises provisions 8 relating to effectiveness of a garnishment notice and the garnishee's rights and obligations. Limits the amount of 9 tax that may be refunded when the law under which a tax was imposed is held invalid. Provides that claims for 10 less than $20 shall not be the basis for membership in a class action seeking refund. Requires denial of a refund 11 application before an action to contest denial of a refund may be brought. Requires denial of a refund claim 12 if a taxpayer has not contested or has unsuccessfully contested an administrative garnishment, and provides for 13 issuance of a notice of intent to deny a refund claim based on unconstitutionality or invalidity if the statute 14 imposing the tax has not been so adjudicated. 9. Corporate income tax: Updates references to the 15 Internal Revenue Code for corporate income tax purposes. 10. Special district fee: Provides that a soil and 16 water conservation district which does not receive funds from state or local government is exempt from the special 17 district fee imposed by the Department of Community Affairs. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 49