CODING: Words stricken are deletions; words underlined are additions.


H

Senator Burt moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    

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11  Senator Burt moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 125.2801, Florida Statutes, is

18  amended to read:

19         125.2801  County qualification retention.--Once a

20  county qualifies for authorization to create a jury district

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

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

23  a county qualifies to be required to include optional elements

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

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

26  with the state land planning agency pursuant to s.

27  163.3191(12)(a), and once a county qualifies under s.

28  212.055(2)(d)1. to use local government infrastructure surtax

29  proceeds or any interest accrued thereto for long-term

30  maintenance costs associated with landfill closure, and once a

31  county qualifies under s. 212.055(2)(h) s. 212.055(2)(j) to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

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 1  use local government infrastructure surtax proceeds and

 2  interest for operation and maintenance of parks and recreation

 3  programs and facilities established with proceeds of the

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

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

 6  county qualifies for emergency distribution pursuant to s.

 7  218.65, and once a county qualifies for funds from the

 8  Emergency Management, Preparedness, and Assistance Trust Fund

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

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

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

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

13  county qualifies for receipt of annual solid waste and

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

15  shall retain such qualification until it exceeds a population

16  of 75,000.

17         Section 2.  Subsection (19) of section 192.001, Florida

18  Statutes, is amended to read:

19         192.001  Definitions.--All definitions set out in

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

21  included herein.  In addition, the following definitions shall

22  apply in the imposition of ad valorem taxes:

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

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

25  routines, or collections of information used or intended for

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

27  pieces of computer-related peripheral equipment, or any

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

29  Without limiting the generality of the definition provided in

30  this subsection, the term includes operating and applications

31  programs and all related documentation. Computer software does

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 1  not include embedded software that resides permanently in the

 2  internal memory of a computer or computer-related peripheral

 3  equipment and that is not removable without terminating the

 4  operation of the computer or equipment. Computer software

 5  constitutes personal property only to the extent of the value

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

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

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

 9  software does not increase the value of the computer or

10  computer-related peripheral equipment, or any combination

11  thereof. Notwithstanding any other provision of law, this

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

13  any assessment in an administrative or judicial action pending

14  on June 1, 1997.

15         Section 3.  Subsection (15) is added to section

16  199.052, Florida Statutes, to read:

17         199.052  Annual tax returns; payment of annual tax.--

18         (15)  All banks and financial organizations filing

19  annual intangible tax returns for their customers shall file

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

21  thereafter using machine-sensible media. The information

22  required by this subsection must be reported by banks or

23  financial organizations on machine-sensible media, using

24  specifications and instructions of the department.  A bank or

25  financial organization that demonstrates to the satisfaction

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

27  file intangible tax returns for its customers using

28  machine-sensible media.  The department shall adopt rules

29  necessary to administer this subsection.

30         Section 4.  Paragraph (c) of subsection (14) of section

31  212.02, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         212.02  Definitions.--The following terms and phrases

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

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

 4  different meaning:

 5         (14)

 6         (c)  "Retail sales," "sale at retail," "use,"

 7  "storage," and "consumption" do not include materials,

 8  containers, labels, sacks, or bags intended to be used one

 9  time only for packaging tangible personal property for sale or

10  for packaging in the process of providing a service taxable

11  under this chapter and do not include the sale, use, storage,

12  or consumption of industrial materials, including chemicals

13  and fuels except as provided herein, for future processing,

14  manufacture, or conversion into articles of tangible personal

15  property for resale when such industrial materials, including

16  chemicals and fuels except as provided herein, become a

17  component or ingredient of the finished product and do not

18  include the sale, use, storage, or consumption of materials

19  for use in repairing a motor vehicle, airplane, or boat, when

20  such materials are incorporated into the repaired vehicle,

21  airplane, or boat. However, said terms include the sale, use,

22  storage, or consumption of tangible personal property,

23  including machinery and equipment or parts thereof, purchased

24  electricity, and fuels used to power machinery, when said

25  items are used and dissipated in fabricating, converting, or

26  processing tangible personal property for sale, even though

27  they may become ingredients or components of the tangible

28  personal property for sale through accident, wear, tear,

29  erosion, corrosion, or similar means.

30         Section 5.  Subsections (3) and (4) are added to

31  section 212.0601, Florida Statutes, to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         212.0601  Use taxes of vehicle dealers.--

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

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

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

 5  by the United States Interval Revenue Service's Automobile

 6  Annual Lease Value Table.

 7         (4)  Notwithstanding the provisions of a motor vehicle

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

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

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

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

12  providing the replacement motor vehicle.

13         Section 6.  Subsection (4) is added to section

14  212.0606, Florida Statutes, to read:

15         212.0606  Rental car surcharge.--

16         (4)  The surcharge imposed by this section does not

17  apply to a motor vehicle provided at no charge to a person

18  whose motor vehicle is being repaired, adjusted, or serviced

19  by the entity providing the replacement motor vehicle.

20         Section 7.  Subsection (5) of section 212.0515, Florida

21  Statutes, is amended to read:

22         212.0515  Sales from vending machines; special

23  provisions; registration; penalties.--

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

25  operator for resale through vending machines shall submit to

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

27  following the close of each calendar quarter a report which

28  identifies by dealer registration number each operator

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

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

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

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

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

 3  canned soft drinks of 25 cases or more.

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

 5  for resale in vending machines shall annually provide to the

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

 7  form prescribed and issued by the department. The certificate

 8  must affirmatively state that the purchaser is a vending

 9  machine operator.  The certificate shall initially be provided

10  upon the first transaction between the parties and by November

11  1 of each year thereafter.

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

13  is required to file the quarterly report required by this

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

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

16  comply with the requirements of this subsection or who

17  provides the dealer with false information.  Penalties accrue

18  interest as provided for delinquent taxes under this chapter

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

20  and penalties.

21         (d)  The department is authorized to adopt rules

22  regarding the form in which the quarterly report required by

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

24  magnetic tape or other means of electronic transmission.

25         Section 8.  Section 212.054, Florida Statutes, is

26  amended to read:

27         212.054  Discretionary sales surtax; limitations,

28  administration, and collection.--

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

30  the governing body of any county unless specifically

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

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    Bill No. CS/HB 4413

    Amendment No.    





 1  authorized pursuant to said section shall be administered and

 2  collected exclusively as provided in this section.

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

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

 5  discretionary surtax on all transactions occurring in the

 6  county which transactions are subject to the state tax imposed

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

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

 9  computed as the applicable rate or rates authorized pursuant

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

11  purchases representing such transactions.  If the surtax is

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

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

14  multiplying the rate imposed by the county within which the

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

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

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

18  tangible personal property representing the service is

19  delivered within a county that does not impose a discretionary

20  sales surtax.

21         (b)  However:

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

23  item of tangible personal property and on long-distance

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

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

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

27  tangible personal property are sold to the same purchaser at

28  the same time and, under generally accepted business practice

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

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

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

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                                                  SENATE AMENDMENT

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

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

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

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

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

 6  television system program services billed on or after the

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

 8  tax for utility, telecommunication, or television system

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

10  of utility, telecommunication, or television system program

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

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

13  subject to the surtax.

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

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

16  construction of improvements to real property or for

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

18  the contractor responsible for the performance of the

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

20  any such surtax paid on materials necessary for the completion

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

22  later than 15 months following initial imposition of the

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

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

25  application shall include proof of the written contract and of

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

27  statement, signed by the applicant or its representative,

28  attesting to the validity of the application.  The department

29  shall, within 30 days after approval of a complete

30  application, certify to the county information necessary for

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

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 1  authorized to issue refunds for this purpose and shall set

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

 3  any refund lawfully due.  Any person who fraudulently obtains

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

 5  in addition to being liable for repayment of any refund

 6  fraudulently obtained plus a mandatory penalty of 100 percent

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

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

 9  775.084.

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

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

12  surtax when:

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

14  property, a service, or tangible personal property

15  representing a service, and the item of tangible personal

16  property, the service, or the tangible personal property

17  representing the service is delivered within the county.  If

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

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

20  the purchaser accepts the bill of sale.

21         2.  However, a dealer selling tangible personal

22  property, or delivering a service or tangible personal

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

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

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

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

27  such transaction until February 1 of the year following the

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

29  the surtax is adopted or revised between November 9 and

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

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

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

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

 3  no later than February 1 of the subsequent year.

 4         2.3.  The sale of any motor vehicle or mobile home of a

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

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

 7  the county identified as the residence address of the

 8  purchaser on the registration or title document for such

 9  property.

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

11  located in the county.

12         (c)  The consumer of utility or television system

13  program services is located in the county, or the

14  telecommunication services are provided to a location within

15  the county.

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

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

18  documented in this state or by the United States Government

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

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

21  the county.

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

23  outside the county for 6 months or longer before being

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

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

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

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

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

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

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

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

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 1  address appearing on or to be reflected on the registration

 2  document for such property.

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

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

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

 6  residing therein for the purpose of use, consumption,

 7  distribution, or storage in the taxing county.

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

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

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

11  county.

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

13  located in the county.

14         (h)  The transient rental transaction occurs in the

15  county.

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

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

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

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

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

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

22  outside the county.

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

24  is located in the county.

25         (k)  The delivery of tangible personal property other

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

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

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

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

30  use tax.

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

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 1  located in the county.

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

 3  tangible personal property is located in the county,

 4  notwithstanding any other provision of this section.

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

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

 7  same procedures used in the administration, collection, and

 8  enforcement of the general state sales tax imposed under the

 9  provisions of this chapter, except as provided in this

10  section.  The provisions of this chapter regarding interest

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

12  Discretionary sales surtaxes shall not be included in the

13  computation of estimated taxes pursuant to s. 212.11.

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

15  separately state the amount of the surtax on the charge

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

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

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

19  received by the department pursuant to a specific

20  authorization and levy under s. 212.055, including any

21  interest and penalties on delinquent surtaxes.

22         (b)  The proceeds of a discretionary sales surtax

23  collected by the selling dealer located in a county which

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

25  administration, to the county where the selling dealer is

26  located. The proceeds shall be transferred to the

27  Discretionary Sales Surtax Clearing Trust Fund. A separate

28  account shall be established in such trust fund for each

29  county imposing a discretionary surtax.  The amount deducted

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

31  the total revenue generated for all counties levying a surtax

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

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

 3  solely and directly attributable to the surtax.  The total

 4  cost of administration shall be prorated among those counties

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

 6  particular county to the total amount collected for all

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

 8  shall submit a written report which details the expenses and

 9  amounts deducted for the costs of administration to the

10  President of the Senate, the Speaker of the House of

11  Representatives, and the governing authority of each county

12  levying a surtax.  The department shall distribute the moneys

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

14  unless otherwise provided in s. 212.055.

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

16  impose a discretionary sales surtax but who collects the

17  surtax due to sales of tangible personal property or services

18  delivered outside the county shall remit monthly the proceeds

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

20  account in the Discretionary Sales Surtax Clearing Trust Fund

21  which is separate from the county surtax collection accounts.

22  The department shall distribute funds in this account using a

23  distribution factor determined for each county that levies a

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

25  and available for distribution.  The distribution factor for

26  each county equals the product of:

27         a.  The county's latest official population determined

28  pursuant to s. 186.901;

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

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

31  during the most recent distribution period;

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 1

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

 3  levying the surtax during the most recent distribution period.

 4         2.  The department shall compute distribution factors

 5  for eligible counties once each quarter and make appropriate

 6  quarterly distributions.

 7         3.  A county that fails to timely provide the

 8  information required by this section to the department

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

10  information available to it in distributing surtax revenues to

11  the county.  If this information is unavailable to the

12  department, the department may partially or entirely

13  disqualify the county from receiving surtax revenues under

14  this paragraph.  A county that fails to provide timely

15  information waives its right to challenge the department's

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

17  provided under this paragraph.

18         (5)  No discretionary sales surtax or increase or

19  decrease in the rate of any discretionary sales surtax shall

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

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

22  the last day of a calendar quarter.

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

24  discretionary sales surtax shall enact an ordinance levying

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

26  125.66(2) and shall notify the department within 10 days after

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

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

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

30  department may prescribe by rule. Notification and final

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

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 1  to initial imposition of the surtax.

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

 3  discretionary sales surtax or the school board of any county

 4  levying the school capital outlay surtax authorized by s.

 5  212.055(7) shall notify the department within 10 days after

 6  final adoption by ordinance or referendum of an imposition,

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

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

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

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

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

12  Failure to timely provide such notification to the department

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

14  of 1 year.

15         (b)  In addition to the notification required by

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

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

18  county proposing to levy the school capital outlay surtax

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

20  October 1 if the referendum or consideration of the ordinance

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

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

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

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

25  a period of 1 year.

26         (8)(7)  With respect to any motor vehicle or mobile

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

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

29  taxing county as herein provided shall be collected from the

30  purchaser or user incident to the titling and registration of

31  such property, irrespective of whether such titling or

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    Bill No. CS/HB 4413

    Amendment No.    





 1  registration occurs in the taxing county.

 2         Section 9.  Section 212.055, Florida Statutes, as

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

 4  amended to read:

 5         212.055  Discretionary sales surtaxes; legislative

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

 7  legislative intent that any authorization for imposition of a

 8  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

15  be expended; and such other requirements as the Legislature

16  may provide.  Taxable transactions and administrative

17  procedures shall be as provided in s. 212.054.

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

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

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

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

22  a discretionary sales surtax, subject to approval by a

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

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

25  county.

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

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

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

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

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

31  the governing body.

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         (d)  Proceeds from the surtax shall be:

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

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

 4  equipment, maintenance, operation, supportive services,

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

 6  fixed guideway rapid transit system;

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

 8  expressway or transportation authority created by law to be

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

10  development, construction, operation, or maintenance of roads

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

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

13  existing bonds issued for the construction of such roads or

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

15  proceeds may be pledged for bonds issued to refinance existing

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

17  or bridges; or

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

19  for the development, construction, operation, or maintenance

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

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

22  the payment of principal and interest on existing bonds issued

23  for the construction of fixed guideway rapid transit systems,

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

25  governing body of the county for bonds issued to refinance

26  existing bonds or new bonds issued for the construction of

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

28         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  majority of the members of the county governing authority and

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

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

 4  municipalities representing a majority of the county's

 5  population adopt uniform resolutions establishing the rate of

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

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

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

 9  county voting in the referendum on the surtax.

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

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

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

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

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

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

16  county voting in a referendum on the surtax.

17         (b)  A statement which includes a brief general

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

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

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

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

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

23  municipalities representing a majority of the county's

24  population adopt uniform resolutions calling for a referendum

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

26  ballot:

27

28        ....FOR the               ....-cent sales tax

29        ....AGAINST the           ....-cent sales tax

30

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

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  surtax levied under this subsection shall be distributed to

 2  the county and the municipalities within such county in which

 3  the surtax was collected, according to:

 4         1.  An interlocal agreement between the county

 5  governing authority and the governing bodies of the

 6  municipalities representing a majority of the county's

 7  municipal population, which agreement may include a school

 8  district with the consent of the county governing authority

 9  and the governing bodies of the municipalities representing a

10  majority of the county's municipal population; or

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

12  the formula provided in s. 218.62.

13

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

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

16  written notification of that change has been made to the

17  department.

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

19  subsection and any interest accrued thereto shall be expended

20  by the school district or within the county and municipalities

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

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

23  construct infrastructure and to acquire land for public

24  recreation or conservation or protection of natural resources

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

26  owned solid waste landfills that are already closed or are

27  required to close by order of the Department of Environmental

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

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

30  Neither the proceeds nor any interest accrued thereto shall be

31  used for operational expenses of any infrastructure, except

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

 3  Environmental Protection may use the proceeds or any interest

 4  accrued thereto for long-term maintenance costs associated

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

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

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

 8  for infrastructure purposes.

 9         2.  For the purposes of this paragraph,

10  "infrastructure" means:

11         a.  Any fixed capital expenditure or fixed capital

12  outlay associated with the construction, reconstruction, or

13  improvement of public facilities which have a life expectancy

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

15  design, and engineering costs related thereto.

16         b.  A fire department vehicle, an emergency medical

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

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

19  necessary to outfit the vehicle for its official use or

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

21         3.  Notwithstanding any other provision of this

22  subsection, a discretionary sales surtax imposed or extended

23  after the effective date of this act may provide for an amount

24  not to exceed 30 percent of the local option sales surtax

25  proceeds to be allocated for deposit to a trust fund within

26  the county's accounts created for the purpose of funding

27  economic development projects of a general public purpose

28  targeted to improve local economies, including the funding of

29  operational costs and incentives related to such economic

30  development. The ballot statement must indicate the intention

31  to make an allocation under the authority of this

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  subparagraph.

 2         (e)  School districts, counties, and municipalities

 3  receiving proceeds under the provisions of this subsection may

 4  pledge such proceeds for the purpose of servicing new bond

 5  indebtedness incurred pursuant to law. Local governments may

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

 7  Board of Administration pursuant to the State Bond Act to

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

 9  no case may a jurisdiction issue bonds pursuant to this

10  subsection more frequently than once per year. Counties and

11  municipalities may join together for the issuance of bonds

12  authorized by this subsection.

13         (f)  Counties and municipalities shall not use the

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

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

16  authorized by this subsection.

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

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

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

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

21  referendum approving the levy is held.

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

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

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

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

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

27  for any public purpose if:

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

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

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

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

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  ordinance pursuant to the procedure provided in s. 125.66

 2  authorizing additional uses of the surtax proceeds and

 3  interest.

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

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

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

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

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

 9  surtax for any purpose other than an infrastructure purpose

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

11  comprehensive plan has been determined to be in compliance

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

13  an amendment to its surtax ordinance or resolution pursuant to

14  the procedure provided in s. 166.041 authorizing additional

15  uses of the surtax proceeds and interest.  Such municipality

16  may expend the surtax proceeds and interest for any public

17  purpose authorized in the amendment.

18         3.  Those counties designated as an area of critical

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

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

21  for any public purpose other than for infrastructure purposes

22  authorized by this section.

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

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

25  exempt or immune from ad valorem taxation, and the

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

27  interest of the surtax for operation and maintenance of parks

28  and recreation programs and facilities established with the

29  proceeds of the surtax.

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

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

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

 3         (3)  SMALL COUNTY SURTAX.--

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

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

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

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

 8  an extraordinary vote of the members of the county governing

 9  authority if the surtax revenues are expended for operating

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

11  of servicing bond indebtedness, the surtax shall be approved

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

13  referendum on the surtax.

14         (b)  A statement that includes a brief general

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

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

17  the ballot by the governing authority of any county that

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

19  the surtax for the purpose of servicing bond indebtedness.

20  The following question shall be placed on the ballot:

21

22        ....FOR the               ....-cent sales tax

23        ....AGAINST the           ....-cent sales tax

24

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

26  surtax levied under this subsection shall be distributed to

27  the county and the municipalities within the county in which

28  the surtax was collected, according to:

29         1.  An interlocal agreement between the county

30  governing authority and the governing bodies of the

31  municipalities representing a majority of the county's

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  municipal population, which agreement may include a school

 2  district with the consent of the county governing authority

 3  and the governing bodies of the municipalities representing a

 4  majority of the county's municipal population; or

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

 6  the formula provided in s. 218.62.

 7

 8  Any change in the distribution formula shall take effect on

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

10  written notification of that change has been made to the

11  department.

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

13  referendum, the proceeds of the surtax and any interest

14  accrued thereto may be expended by the school district or

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

16  the case of a negotiated joint county agreement, within

17  another county, for the purpose of servicing bond indebtedness

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

19  land for public recreation or conservation or protection of

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

21  to an ordinance approved by an extraordinary vote of the

22  members of the county governing authority, the proceeds and

23  any interest accrued thereto may be used for operational

24  expenses of any infrastructure or for any public purpose

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

26         2.  For the purposes of this paragraph,

27  "infrastructure" means any fixed capital expenditure or fixed

28  capital costs associated with the construction,

29  reconstruction, or improvement of public facilities that have

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

31  land improvement, design, and engineering costs related

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  thereto.

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

 3  receives proceeds under this subsection following a referendum

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

 5  indebtedness incurred pursuant to law. Local governments may

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

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

 8  of this subsection.  A jurisdiction may not issue bonds

 9  pursuant to this subsection more frequently than once per

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

11  bonds authorized by this subsection.

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

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

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

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

16  60 days after the date that the referendum approving the levy

17  is held.

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

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

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

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

22         (4)  INDIGENT CARE SURTAX.--

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

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

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

26  residents and is not authorized to levy a surtax under

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

28  ordinance either approved by an extraordinary vote of the

29  governing body or conditioned to take effect only upon

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

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

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  that may not exceed 0.5 percent.

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

 3  statement that includes a brief and general description of the

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

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

 6  the governing body of the county.  The following questions

 7  shall be placed on the ballot:

 8

 9                     FOR THE. . . .CENTS TAX

10                   AGAINST THE. . . .CENTS TAX

11

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

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

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

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

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

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

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

19  pursuant to paragraph (a).

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

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

22  plan for providing health care services to qualified

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

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

25  care services for both indigent persons and the medically

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

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

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

29  taking into consideration both a high quality of care and

30  geographic access.  Where consistent with these objectives, it

31  shall include, without limitation, services rendered by

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  physicians, clinics, community hospitals, mental health

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

 3  one regional referral hospital where appropriate.  It shall

 4  provide that agreements negotiated between the county and

 5  providers will include reimbursement methodologies that take

 6  into account the cost of services rendered to eligible

 7  patients, recognize hospitals that render a disproportionate

 8  share of indigent care, provide other incentives to promote

 9  the delivery of charity care, and require cost containment

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

11  provide that any hospitals that are owned and operated by

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

13  receiving funds under this subsection, afford public access

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

15  governing board, the subject of which is budgeting resources

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

17  the Florida Hospital Uniform Reporting System (FHURS) manual

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

19  innovative health care programs that provide cost-effective

20  alternatives to traditional methods of service delivery and

21  funding.

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

23  "qualified resident" means residents of the authorizing county

24  who are:

25         1.  Qualified as indigent persons as certified by the

26  authorizing county;

27         2.  Certified by the authorizing county as meeting the

28  definition of the medically poor, defined as persons having

29  insufficient income, resources, and assets to provide the

30  needed medical care without using resources required to meet

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

                                  27
    6:50 PM   04/28/98                              h4413c1c-16kq2




                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

 3  such program; or having insufficient third-party insurance

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

 5  serve as the payor of last resort; or

 6         3.  Participating in innovative, cost-effective

 7  programs approved by the authorizing county.

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

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

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

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

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

13  court shall:

14         1.  Maintain the moneys in an indigent health care

15  trust fund;

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

17  pursuant to general law; and

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

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

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

21  authorizing county.

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

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

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

25  excess of a combined rate of 1 percent.

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

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

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

29  this subsection pursuant to an ordinance either approved by

30  extraordinary vote of the county commission or conditioned to

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

                                  28
    6:50 PM   04/28/98                              h4413c1c-16kq2




                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

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

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

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

 6  health trust.

 7         (a)  The rate shall be 0.5 percent.

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

 9  the proposal to adopt the county public hospital surtax shall

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

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

12  question on the ballot shall include a brief general

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

14  surtax.

15         (c)  Proceeds from the surtax shall be:

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

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

18  operation, maintenance, and administration of the county

19  public general hospital; and

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

21  authority, or public health trust created by law which

22  administers or operates the county public general hospital.

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

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

25  budget appropriated for the operation, administration, and

26  maintenance of the county public general hospital from the

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

28  ending September 30, 1991.

29         (e)  Notwithstanding any other provision of this

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

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

                                  29
    6:50 PM   04/28/98                              h4413c1c-16kq2




                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  excess of a combined rate of 1 percent.

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

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

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

 5  pursuant to an ordinance approved by an extraordinary vote of

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

 7  0.5 percent.  Any county that levies the surtax authorized by

 8  this subsection shall continue to expend county funds for the

 9  medically poor and related health services in an amount equal

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

11  related health services in the fiscal year preceding the

12  adoption of the authorizing ordinance.

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

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

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

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

17  the ordinance.

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

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

20  brief plan for providing health care services to qualified

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

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

23  care services for both indigent persons and the medically

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

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

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

27  taking into consideration both a high quality of care and

28  geographic access. Where consistent with these objectives, it

29  shall include, without limitation, services rendered by

30  physicians, clinics, community hospitals, mental health

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

                                  30
    6:50 PM   04/28/98                              h4413c1c-16kq2




                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  one regional referral hospital where appropriate.  It shall

 2  provide that agreements negotiated between the county and

 3  providers will include reimbursement methodologies that take

 4  into account the cost of services rendered to eligible

 5  patients, recognize hospitals that render a disproportionate

 6  share of indigent care, provide other incentives to promote

 7  the delivery of charity care, and require cost containment

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

 9  provide that any hospitals that are owned and operated by

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

11  receiving funds under this subsection, afford public access

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

13  governing board, the subject of which is budgeting resources

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

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

16  shall also include innovative health care programs that

17  provide cost-effective alternatives to traditional methods of

18  service delivery and funding.

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

20  resident" means residents of the authorizing county 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  coverage. In all cases, the authorizing county is intended to

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  serve as the payor of last resort; or

 2         3.  Participating in innovative, cost-effective

 3  programs approved by the authorizing county.

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

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

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

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

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

 9  court shall:

10         1.  Maintain the moneys in an indigent health care

11  trust fund;

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

13  pursuant to general law; and

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

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

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

17  authorizing county.

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

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

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

21  excess of a combined rate of 1 percent.

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

23         (7)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

25  to resolution conditioned to take effect only upon approval by

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

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

28  not exceed 0.5 percent.

29         (b)  The resolution shall include a statement that

30  provides a brief and general description of the school capital

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  resolution must state that the district school board has been

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

 3  Frugal Schools Program. The statement shall conform to the

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

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

 6  shall be placed on the ballot:

 7

 8        ....FOR THE               ....CENTS TAX

 9        ....AGAINST THE           ....CENTS TAX

10

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

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

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

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

15  the electors of the resolution adopted pursuant to paragraph

16  (a).

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

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

19  proceeds for fixed capital expenditures or fixed capital costs

20  associated with the construction, reconstruction, or

21  improvement of school facilities and campuses which have a

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

23  acquisition, land improvement, design, and engineering costs

24  related thereto.  Additionally, the plan shall include the

25  costs of retrofitting and providing for technology

26  implementation, including hardware and software, for the

27  various sites within the school district.  Surtax revenues may

28  be used for the purpose of servicing bond indebtedness to

29  finance projects authorized by this subsection, and any

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

 2  district school board has been recognized by the State Board

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

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

 5  consistent with this subsection and with uses assured under

 6  the Florida Frugal Schools Program.

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

 8  implement a freeze on noncapital local school property taxes,

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

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

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

12  shall not apply to existing debt service or required state

13  taxes.

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

15  Revenue pursuant to this subsection shall be distributed to

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

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

18  212.097, Florida Statutes, is amended to read:

19         212.097  Urban High-Crime Area Job Tax Credit

20  Program.--

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

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

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

24  and clearly separate from any other commercial or business

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

26  area. A business entity that operated an eligible business

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

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

29  shall not be considered a new business.

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

31  212.098, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         212.098  Rural Job Tax Credit Program.--

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

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

 4  beginning operation on a site in a qualified county and

 5  clearly separate from any other commercial or business

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

 7  business entity that operated an eligible business within a

 8  qualified county within the 48 months before the period

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

10  be considered a new business.

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

12  Statutes, is amended to read:

13         212.11  Tax returns and regulations.--

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

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

16  methods:

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

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

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

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

21  transactions occurring during the corresponding month of the

22  preceding calendar year; or

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

24  pursuant to this part for those months during the preceding

25  calendar year in which the dealer reported taxable

26  transactions.

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

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

 4  this chapter during the preceding calendar month.

 5         (c)  However, the department may require:

 6         1.  A quarterly return and payment when the tax

 7  remitted by the dealer for the preceding four calendar

 8  quarters did not exceed $1,000.

 9         2.  A semiannual return and payment when the tax

10  remitted by the dealer for the preceding four calendar

11  quarters did not exceed $500.

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

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

14  exceed $100.

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

16  remitted by the dealer for the preceding four calendar

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

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

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

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

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

22  newly required to file returns and pay tax semiannually to

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

24  in May and November.

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

26  required to be initiated through an electronic data

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

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

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

30  timely if postmarked on the next succeeding workday.  Any

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  returns are required to be filed with the department and

 2  maintains records for such places of business in a central

 3  office or place shall have the privilege on each reporting

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

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

 6  business; however, such consolidated returns must clearly

 7  indicate the amounts collected within each county of the

 8  state. Any dealer who files a consolidated return shall

 9  calculate his or her estimated tax liability for each county

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

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

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

13  though no tax is due for such period.

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

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

16  that is initiated through an electronic data interchange.  The

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

18  of the electronic data interchange, giving due regard to

19  developing uniform standards for formats as adopted by the

20  American National Standards Institute, the circumstances under

21  which an electronic data interchange shall serve as a

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

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

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

25  department must accept such returns as timely if initiated and

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

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

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

29  accepted on the next succeeding workday.

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

31  return through an electronic data interchange due to problems

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  arising from the taxpayer's computer capabilities, data

 2  systems changes, and taxpayer operating procedures.  To obtain

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

 4  department that such circumstances exist.

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

 6  Statutes, is amended to read:

 7         212.12  Dealer's credit for collecting tax; penalties

 8  for noncompliance; powers of Department of Revenue in dealing

 9  with delinquents; brackets applicable to taxable transactions;

10  records required.--

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

12  the purpose of compensating persons granting licenses for and

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

14  the purpose of compensating dealers in tangible personal

15  property, for the purpose of compensating dealers providing

16  communication services and taxable services, for the purpose

17  of compensating owners of places where admissions are

18  collected, and for the purpose of compensating remitters of

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

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

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

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

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

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

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

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

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

28  department shall allow such deduction of 2.5 percent of the

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  and as further compensation to dealers in tangible personal

 2  property for the keeping of prescribed records and for

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

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

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

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

 7  of the department is authorized to negotiate a collection

 8  allowance, pursuant to rules promulgated by the department,

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

10  department shall provide guidelines for establishing the

11  collection allowance based upon the dealer's estimated costs

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

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

14  administrative and legal costs and likelihood of achieving

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

16  However, in no event shall the collection allowance negotiated

17  by the executive director exceed 10 percent of the tax

18  remitted for a reporting period.

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

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

21  tax is delinquent at the time of payment.

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

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

24  if a taxpayer files an incomplete return.

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

26  chapter, a return which is lacking such uniformity,

27  completeness, and arrangement that the physical handling,

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

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

30  accomplished.

31         2.  The department shall adopt rules requiring such

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

 2  levied hereunder is properly collected, reviewed, compiled,

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

 4  amount of gross sales; the amount of taxable sales; the amount

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

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

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

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

 9  information as the Department of Revenue may specify. The

10  department shall require that transient rentals and

11  agricultural equipment transactions be separately shown. For

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

13  shall also require that Sales made through vending machines as

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

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

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

17  212.02 and the number of machines operated must be separately

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

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

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

21  the sales tax return shall apply to said form.

22         (c)  The collection allowance and other credits or

23  deductions provided in this chapter shall be applied

24  proportionally to any taxes or fees reported on the same

25  documents used for the sales and use tax.

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

27  Statutes, is amended to read:

28         212.17  Credits for returned goods, rentals, or

29  admissions; additional powers of department.--

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

31  furnish to all dealers, except dealers filing through

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  electronic data interchange, or make available or prescribe to

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

 3  instructions to ensure a full collection from dealers and an

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

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

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

 7  herein provided.

 8         (b)  The department shall prescribe the format and

 9  instructions necessary for filing returns in a manner that is

10  initiated through an electronic data interchange to ensure a

11  full collection from dealers and an accounting for the taxes

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

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

14  in the manner provided.

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

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

17         213.053  Confidentiality and information sharing.--

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

19  125.0104, county government; s. 125.0108, tourist impact tax;

20  chapter 175, municipal firefighters' pension trust funds;

21  chapter 185, municipal police officers' retirement trust

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

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

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

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

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

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

28  management, preparedness, and assistance surcharge; s.

29  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

 3  registration of secondary metals recyclers; ss. 624.501 and

 4  624.509-624.515 ss. 624.509-624.514, insurance code:

 5  administration and general provisions; s. 681.117, motor

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

 7  financial transactions in trade or business.

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

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

10  amended to read:

11         213.0535  Registration Information Sharing and Exchange

12  Program.--

13         (4)  There are two levels of participation:

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

15  for administering one or more of the provisions specified in

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

17  participants shall exchange, monthly or quarterly, as

18  determined jointly by each participant and the department, the

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

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

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

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

23         2.  The tourist development tax imposed under s.

24  125.0104.

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

26         4.  Local occupational license taxes imposed under

27  chapter 205.

28         5.  Convention development taxes imposed under s.

29  212.0305.

30         6.  Public lodging and food service establishment

31  licenses issued pursuant to chapter 509.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         7.  Beverage law licenses issued pursuant to chapter

 2  561.

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

 4  213.21, Florida Statutes, is amended and subsection (7) is

 5  added to that section to read:

 6         213.21  Informal conferences; compromises.--

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

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

 9  agreement with any taxpayer settling or compromising the

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

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

12  When such a closing agreement has been approved by the

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

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

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

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

17  198.16 and 220.23, no additional assessment may be made by the

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

19  penalty specified in the closing agreement for the time period

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

21  be entitled to institute any judicial or administrative

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

23  pursuant to the closing agreement.  The department is

24  authorized to delegate to the executive director the authority

25  to approve any such closing agreement resulting in a tax

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

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

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

29  and compromise the tax and interest due under the voluntary

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

31  immediately preceding the date that the taxpayer initially

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  contacted the department concerning the voluntary

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

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

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

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

 6  contacted or informed the taxpayer that the department is

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

 8  taxpayer is subject to tax in this state.

 9         (b)  The department may further settle and compromise

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

11  when the department is able to determine that such further

12  settlement and compromise is in the best interests of this

13  state. When making this determination the department shall

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

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

16  collected and compromised under the voluntary self-disclosure;

17         2.  The financial ability of the taxpayer and the

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

19  involved;

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

21  other taxes to the state;

22         4.  The future voluntary compliance of the taxpayer;

23  and

24         5.  Any other factor that the department considers

25  relevant to this determination.

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

27  ability to enter into further settlement and compromise of the

28  liability that is voluntarily self-disclosed based on any

29  other provision of this section.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  remit, the tax to the state.

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

 3  Statutes, is amended to read:

 4         213.28  Contracts with private auditors.--

 5         (6)  Certified public accountants entering into such

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

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

 8  They shall be bound by the same confidentiality requirements

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

10  213.053. Any return, return information, or documentation

11  obtained from the Internal Revenue Service under an

12  information-sharing agreement is confidential and exempt from

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

14  State Constitution and shall not be divulged or disclosed in

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

16  certified public accountant under a contract authorized by

17  this section, unless the department and the Internal Revenue

18  Service mutually agree to such disclosure.

19         Section 19.  Section 213.67, Florida Statutes, is

20  amended to read:

21         213.67  Garnishment.--

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

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

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

25  the amount of such delinquency by registered mail to all

26  persons having in their possession or under their control any

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

 2  designee consents to a transfer or disposition or until 60

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

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

 5  any transfer or disposition of the property or debts required

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

 7  any indebtedness owed to the department by the person with

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

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

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

11  disposition, the state is unable to recover the indebtedness

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

13  given. If the delinquent taxpayer contests the intended levy

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

15  section remains effective until that final resolution of the

16  contest. Any financial institution receiving such notice will

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

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

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

20  when the taxpayer contests the intended levy in circuit court

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

22  action.

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

24  days after receipt of the notice, advise the executive

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

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

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

28  designee within 5 days after coming into possession or control

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

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

31  coming into possession or control of such subsequent credits,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

 3  department consents to a transfer.

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

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

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

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

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

 9  person possessing the credits, other personal property, or

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

11  department the amount owed to the delinquent taxpayer.

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

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

14  personal property, or debts of the delinquent taxpayer which

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

16  garnishment, or execution issued through a judicial process.

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

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

19  her designee is expressly discharged from any obligation or

20  liability to the delinquent taxpayer with respect to such

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

22  taxpayer affected by compliance with the notice of freeze or

23  levy.

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

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

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

27  the executive director or his or her designee has notified

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1  mail to the person's last known address.

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

 3  a brief statement that sets forth in simple and nontechnical

 4  terms:

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

 6  sale of property;

 7         2.  The procedures applicable to the levy under this

 8  section;

 9         3.  The administrative and judicial appeals available

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

11  procedures relating to such appeals; and

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

13  which could prevent levy on the property.

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

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

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

17  under the applicable provisions of chapter 120.  After an

18  action has been initiated under chapter 120 to contest the

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

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

21  judicial review is exclusively limited to appellate review

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

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

24  chapter 120.

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

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

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

28  to levy.

29         (9)  The department shall provide notice to the

30  Comptroller, in electronic or other form specified by the

31  Comptroller, listing the taxpayers for which tax warrants are

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

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

 4  provides commodities or services to the state, leases real

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

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

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

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

 9  is filed with the Comptroller until the date the department

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

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

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

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

14  court for an order compelling compliance with any notice

15  issued under this section.

16         Section 20.  Section 213.755, Florida Statutes, is

17  amended to read:

18         213.755  Payment of taxes by electronic funds

19  transfer.--

20         (1)  The executive director of the Department of

21  Revenue shall have authority to require a taxpayer to remit

22  taxes by electronic funds transfer where the taxpayer,

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

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

25  $50,000 or more.

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

27  department, the term:

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

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

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

31  revenue law which the department has the responsibility for

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

 2  include any remittance unless the amount of the remittance is

 3  actually received by the department.

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

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

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

 7  prescribed date under the authority of any provision of a

 8  revenue law which the department has the responsibility of

 9  regulating, controlling, and administering.

10         (3)  Solely for the purposes of administering this

11  section:

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

13  206 shall be considered a single tax.

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

15  collection agent or dealer for the state shall nonetheless be

16  considered the taxpayer.

17         Section 21.  Effective retroactively to January 1,

18  1998, paragraph (n) of subsection (1) and paragraph (c) of

19  subsection (2) of section 220.03, Florida Statutes, are

20  amended to read:

21         220.03  Definitions.--

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

23  not otherwise distinctly expressed or manifestly incompatible

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

25  following meanings:

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

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

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

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

30  neither otherwise distinctly expressed nor manifestly

31  incompatible with the intent thereof:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





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

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

 3  Revenue Code and other statutes of the United States relating

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

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

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

 7  time the term is applied under this code.

 8         Section 22.  Subsection (11) is added to section

 9  220.02, Florida Statutes, to read:

10         220.02  Legislative intent.--

11         (11)  Notwithstanding any other provision of this

12  chapter, it is the intent of the Legislature that, except as

13  otherwise provided under the Internal Revenue Code, for the

14  purposes of this chapter, the term "qualified subchapter S

15  subsidiary," as that term is defined in s. 1361(b)(3) of the

16  Internal Revenue Code, shall not be treated as a separate

17  corporation or entity from the S corporation parent to which

18  the subsidiary's assets, liabilities, income, deductions, and

19  credits are attributed under s. 1361(b)(3) of the Internal

20  Revenue Code.

21         Section 23.  Except as otherwise expressly provided by

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

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         Delete everything before the enacting clause

28

29  and insert:

30                      A bill to be entitled

31         An act relating to administration of revenue

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         laws; amending s. 125.2801, F.S.; conforming a

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

 3         restricting applicability of the definition of

 4         the term "computer software"; amending s.

 5         199.052, F.S.; requiring banks and financial

 6         organizations filing annual intangible personal

 7         property tax returns for their customers to

 8         file information using machine-sensible media;

 9         amending s. 212.02, F.S.; excluding materials

10         purchased by certain repair facilities which

11         are incorporated in the repair from the

12         definition of the term "retail sales"; amending

13         s. 212.0606, F.S.; providing an exemption to

14         the rental car surcharge for certain motor

15         vehicles; amending s. 212.0515, F.S.; modifying

16         requirements relating to quarterly records

17         required to be submitted to the Department of

18         Revenue by certain persons selling food or

19         beverages to operators for resale through

20         vending machines; eliminating a penalty for

21         failure to file such reports; eliminating the

22         department's authority to adopt rules relating

23         to such reports; amending s. 212.054, F.S.;

24         eliminating a requirement that certain dealers

25         collect the surtax on tangible personal

26         property or specified service under certain

27         conditions; prescribing the effective date of

28         an increase or decrease in the rate of any

29         discretionary sales surtax; requiring the

30         governing body of any county levying a

31         discretionary sales surtax and a county school

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         board levying the school capital outlay surtax

 2         to provide notice to the department; amending

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

 4         for any change in the distribution formula of a

 5         local government infrastructure surtax or a

 6         small county surtax; authorizing counties to

 7         use a specified percentage of surtax proceeds

 8         for economic development projects; amending ss.

 9         212.097, 212.098, F.S.; redefining the term

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

11         providing requirements relating to sales tax

12         returns filed through electronic data

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

14         provisions relating to the dealer's credit for

15         collecting sales tax; specifying that the

16         credit is also for the filing of timely

17         returns; authorizing the department to deny,

18         rather than reduce, the credit if an incomplete

19         return is filed; revising the definition of

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

21         providing that the department shall prescribe

22         the format for filing returns through

23         electronic data interchange and specifying that

24         failure to use the format does not relieve a

25         dealer from the payment of tax; amending s.

26         213.053, F.S., relating to information sharing;

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

28         participation in RISE; amending s. 213.21,

29         F.S.; revising provisions that authorize the

30         department to delegate to the executive

31         director authority to approve a settlement or

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         compromise of tax liability, in order to

 2         increase the limit on the amount of tax

 3         reduction with respect to which such delegation

 4         may be made; specifying a time period for which

 5         the department may settle and compromise tax

 6         and interest due when a taxpayer voluntarily

 7         self-discloses a tax liability and authorizing

 8         further settlement and compromise under certain

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

10         prescribing qualifications of certified public

11         accountants contracting with the department to

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

13         subjecting the garnishee to liability in the

14         event that property subject to the freeze is

15         transferred or disposed of by the garnishee;

16         prohibiting disposition of assets of a

17         delinquent taxpayer which come into the

18         possession of another person after that person

19         receives garnishment notice from the department

20         for a specified period; requiring the garnishee

21         to notify the department of such assets;

22         providing that the garnishment notice remains

23         in effect while a taxpayer's contest of an

24         intended levy is pending; providing a financial

25         institution receiving notice with a right of

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

27         terms for use in any revenue law administered

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

29         revising definitions; amending s. 212.0601,

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

31         dealers who loan a vehicle at no charge unless

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4413

    Amendment No.    





 1         otherwise exempted; prohibiting a sales or use

 2         tax and a rental car surcharge on a motor

 3         vehicle provided at no charge to a person whose

 4         vehicle is being repaired; amending s. 220.02,

 5         F.S.; providing legislative intent regarding

 6         qualified subchapter S subsidiaries; providing

 7         effective dates, including a retroactive

 8         effective date.

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

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