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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1943

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Ogles offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 27

15  remove from the bill:  everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 199.185, Florida Statutes, is

19  amended to read:

20         199.185  Property exempted from annual and nonrecurring

21  taxes.--

22         (1)  The following intangible personal property shall

23  be exempt from the annual and nonrecurring taxes imposed by

24  this chapter:

25         (a)  Money.

26         (b)  Franchises.

27         (c)  Any interest as a partner in a partnership, either

28  general or limited, other than any interest as a limited

29  partner in a limited partnership registered with the

30  Securities and Exchange Commission pursuant to the Securities

31  Act of 1933, as amended.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1943

    Amendment No. 001 (for drafter's use only)





 1         (d)  Notes, bonds, and other obligations issued by the

 2  State of Florida or its municipalities, counties, and other

 3  taxing districts, or by the United States Government and its

 4  agencies.

 5         (e)  Intangible personal property held in trust

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

 7  or any individual retirement account which is qualified under

 8  s. 530, s. 401, s. 408, or s. 408A of the United States

 9  Internal Revenue Code, 26 U.S.C. ss. 530, 401, 408, and 408A,

10  as amended.

11         (f)  Intangible personal property held under a

12  retirement plan of a Florida-based corporation exempt from

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

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

15  the corporation is to support the promotion of professional

16  sports and the retirement plan is either a qualified plan

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

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

19  States Internal Revenue Service, are not taxable to plan

20  participants until actual receipt or withdrawal by the

21  participant.

22         (g)  Notes and other obligations, except bonds, to the

23  extent that such notes and obligations are secured by

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

25  situated outside the state.

26         (h)  The assets of a corporation registered under the

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

28  amended.

29         (i)  All intangible personal property issued in or

30  arising out of any international banking transaction and owned

31  by a banking organization.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1943

    Amendment No. 001 (for drafter's use only)





 1         (j)  Units of a unit investment trust organized under

 2  an agreement or declaration of trust and registered under the

 3  Investment Company Act of 1940, as amended, whose portfolio of

 4  assets consists solely of assets exempt under this section.

 5         (k)  Interests in real estate securitizations,

 6  including, but not limited to, real estate mortgage investment

 7  conduits (REMIC) and financial asset securitization trusts

 8  (FASITS), which are directly or indirectly secured by or

 9  payable from notes and obligations that are in turn secured

10  solely by a mortgage, deed of trust, or other lien upon real

11  property situated in or outside the state, including, but not

12  limited to, mortgage pools, participations, and derivatives.

13         (l)  All One-third of the accounts receivable arising

14  or acquired in the ordinary course of a trade or business

15  which are owned, controlled, or managed by a taxpayer on

16  January 1, 2000 1999, and thereafter. It is the intent of the

17  Legislature that, pursuant to future legislative action, the

18  portion of such accounts receivable exempt from taxation be

19  increased to two-thirds for taxes levied on January 1, 2000,

20  and further increased to all such accounts receivable on

21  January 1, 2001, and thereafter.  This exemption does not

22  apply to accounts receivable which arise outside the

23  taxpayer's ordinary course of trade or business. For the

24  purposes of this chapter, the term "accounts receivable" means

25  a business debt that is owed by another to the taxpayer or the

26  taxpayer's assignee in the ordinary course of trade or

27  business and is not supported by negotiable instruments.

28  Accounts receivable include, but are not limited to, credit

29  card receivables, charge card receivables, credit receivables,

30  margin receivables, inventory or other floor plan financing,

31  lease payments past due, conditional sales contracts, retail

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1943

    Amendment No. 001 (for drafter's use only)





 1  installment sales agreements, financing lease contracts, and a

 2  claim against a debtor usually arising from sales or services

 3  rendered and which is not necessarily due or past due. The

 4  examples specified in this paragraph shall be deemed not to be

 5  supported by negotiable instruments. The term "negotiable

 6  instrument" means a written document that is legally capable

 7  of being transferred by indorsement or delivery. The term

 8  "indorsement" means the act of a payee or holder in writing

 9  his or her name on the back of an instrument without further

10  qualifying words other than "pay to the order of" or "pay to"

11  whereby the property is assigned and transferred to another.

12         (m)  Stock options granted to employees by their

13  employer pursuant to an incentive plan, if the employees

14  cannot transfer, sell, or mortgage the options. Stock

15  purchased by an employee from an employer pursuant to an

16  incentive plan shall be treated as a nontaxable stock option

17  if part of the purchase price of the stock is nonrecourse debt

18  secured by the stock and the stock cannot be sold,

19  transferred, or assigned by the employee until the nonrecourse

20  debt is discharged. Such stock becomes taxable stock when it

21  can be sold, transferred, or assigned by the employee.

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

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

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

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

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

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

28  every natural person is entitled each year to an exemption of

29  the first $100,000 of the value of property otherwise subject

30  to said tax. A husband and wife filing jointly are entitled to

31  shall have an exemption of $200,000.  Every taxpayer that is

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1943

    Amendment No. 001 (for drafter's use only)





 1  not a natural person is entitled each year to an exemption of

 2  the first $100,000 of the value of property otherwise subject

 3  to the tax.

 4

 5  Agents and fiduciaries, other than guardians and custodians

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

 7  exemption on behalf of their principals or beneficiaries;

 8  however, if the principal or beneficiary returns the property

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

10  principal or beneficiary may claim the exemption.  No taxpayer

11  shall be entitled to more than one exemption under this

12  subsection paragraph (a) and one exemption under paragraph

13  (b).  This exemption shall not apply to that intangible

14  personal property described in s. 199.023(1)(d).

15         (3)  Every natural person who is a widow or widower, or

16  who is blind, or who is totally and permanently disabled, is

17  entitled each year to an additional exemption of $500 of

18  property otherwise subject to the annual or nonrecurring tax.

19  This exemption is afforded by s. 3, Art. VII of the State

20  Constitution and is available only to the extent not used

21  against real property or tangible personal property taxes.

22         (4)  Charitable trusts, 95 percent of the income of

23  which is paid to organizations exempt from federal income tax

24  pursuant to s. 501(c)3 of the Internal Revenue Code, shall be

25  exempt from 1 mill of the tax imposed in s. 199.032.

26         (5)  Those organizations defined in s. 220.62(1), (2),

27  (3), or (4) are exempt from the tax imposed by s. 199.032.

28         (6)  Every liquor distributor that is domiciled in this

29  state, that is authorized to do business under the Beverage

30  Law, and that has paid the license taxes required by s.

31  565.03(2) is exempt from paying tax on accounts receivable

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1943

    Amendment No. 001 (for drafter's use only)





 1  owned by the taxpayer which are derived from, arise out of, or

 2  are issued in connection with a sale of alcoholic beverages

 3  transacted in another state with a customer in another state.

 4         (6) (7)  A national bank that has its principal place

 5  of business in another state, processes credit card credit

 6  applications in this state or performs customer service or

 7  collection operations in this state, and is not a bank under

 8  12 U.S.C. s. 1941(c)(2)(F), is exempt from paying tax on

 9  credit card receivables owed to the bank by a credit card

10  holder domiciled outside this state.

11         (7) (8)  Every insurer, as defined in s. 624.03,

12  whether the insurer is authorized or unauthorized as defined

13  in s. 624.09, is exempt from the tax imposed by s. 199.032.

14         Section 2.  Subsection (3) of section 199.292, Florida

15  Statutes, is amended to read:

16         199.292  Disposition of intangible personal property

17  taxes.--All intangible personal property taxes collected

18  pursuant to this chapter shall be placed in a special fund

19  designated as the "Intangible Tax Trust Fund." The fund shall

20  be disbursed as follows:

21         (3)  Of the remaining intangible personal property

22  taxes collected, an amount equal to 45.67 35.3 percent in

23  state fiscal year 1998-1999 and an amount equal to 37.7

24  percent in each year thereafter, shall be transferred to the

25  Revenue Sharing Trust Fund for Counties. Of the remaining

26  taxes collected, an amount equal to 54.33 64.7 percent in

27  state fiscal year 1998-1999 and an amount equal to 62.3

28  percent in each year thereafter, shall be transferred to the

29  General Revenue Fund of the state.

30         Section 3.  This act shall take effect July 1, 1999.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1943

    Amendment No. 001 (for drafter's use only)





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

 2  And the title is amended as follows:

 3         On page 1, lines 2-23

 4  remove from the title of the bill:  all of said lines

 5

 6  and insert in lieu thereof:

 7  An act relating to taxation of intangible personal property;

 8  amending s. 199.185, F.S.; exempting accounts receivable;

 9  increasing exemptions for taxpayers who are natural persons;

10  creating exemptions for taxpayers who are not natural persons;

11  amending s. 199.292, F.S.; changing distributions of tax

12  proceeds to the General Revenue Fund and the Revenue Sharing

13  Trust Fund for Counties; providing an effective date.

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