Senate Bill 2310

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



    Florida Senate - 1999                                  SB 2310

    By Senator Saunders





    25-1380A-99

  1                      A bill to be entitled

  2         An act relating to the intangible personal

  3         property tax; repealing ss. 199.012, 199.023,

  4         199.032, 199.033, 199.042, 199.052, 199.057,

  5         199.062, 199.103, 199.1055, 199.106, 199.133,

  6         199.135, 199.143, 199.145, 199.155, 199.175,

  7         199.183, 199.185, 199.202, 199.212, 199.218,

  8         199.232, 199.262, 199.272, 199.282, 199.292,

  9         199.303, F.S., which provide taxes on

10         intangible personal property; amending ss.

11         72.011, 192.091, 196.199, 196.1993, 201.23,

12         212.02, 213.015, 213.05, 213.053, 213.054,

13         213.31, 215.555, 220.1845, 288.039, 288.106,

14         288.1066, 376.30781, 440.49, 493.6102, 516.031,

15         624.509, 627.311, 627.351, 650.05, 655.071,

16         733.604, 766.105, F.S., to conform to such

17         repeal; repealing s. 192.032(5), F.S., relating

18         to situs of property for assessment purposes,

19         s. 192.042(3), F.S., relating to the date of

20         assessment, s. 193.114(4), F.S., relating to

21         preparation of assessment rolls, s. 196.015(9),

22         F.S., relating to determination of residency,

23         s. 213.27(2), (7), F.S., relating to contracts

24         with debt collection agencies, s.

25         607.1622(1)(g), F.S., relating to corporate

26         reports to the Department of State, s.

27         731.111(2), F.S., relating to notice to

28         creditors, to conform to such repeal; providing

29         an effective date.

30

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

                                  1

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         Section 1.  Chapter 199, Florida Statutes, consisting

  2  of sections 199.012, 199.023, 199.032, 199.033, 199.042,

  3  199.057, 199.062, 199.103, 199.1055, 199.106, 199.133,

  4  199.135, 199.143, 199.145, 199.183, 199.212, 199.218, 199.232,

  5  199.262, 199.272, and 199.303, Florida Statutes; section

  6  199.052, Florida Statutes, as amended by sections 2 and 3 of

  7  chapter 98-132, Laws of Florida, and section 25 of chapter

  8  98-342, Laws of Florida; section 199.1055, Florida Statutes,

  9  as created by section 1 of chapter 98-189, Laws of Florida;

10  section 199.175, Florida Statutes, as amended by sections 4

11  and 5 of chapter 98-132, Laws of Florida; section 199.185,

12  Florida Statutes, as amended by section 6 of chapter 98-132,

13  Laws of Florida; section 199.202, Florida Statutes, as amended

14  by section 15 of chapter 98-200, Laws of Florida; section

15  199.282, Florida Statutes, as amended by section 9 of chapter

16  98-132, Laws of Florida; and section 199.292, Florida

17  Statutes, as amended by section 10 of chapter 98-132, Laws of

18  Florida, is repealed.

19         Section 2.  Paragraph (a) of subsection (1) of section

20  72.011, Florida Statutes, 1998 Supplement, is amended to read:

21         72.011  Jurisdiction of circuit courts in specific tax

22  matters; administrative hearings and appeals; time for

23  commencing action; parties; deposits.--

24         (1)(a)  A taxpayer may contest the legality of any

25  assessment or denial of refund of tax, fee, surcharge, permit,

26  interest, or penalty provided for under s. 125.0104, s.

27  125.0108, chapter 198, chapter 199, chapter 201, chapter 203,

28  chapter 206, chapter 207, chapter 210, chapter 211, chapter

29  212, chapter 213, chapter 220, chapter 221, s. 370.07(3),

30  chapter 376, s. 403.717, s. 403.718, s. 403.7185, s. 403.7195,

31  s. 403.7197, s. 538.09, s. 538.25, chapter 550, chapter 561,

                                  2

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  chapter 562, chapter 563, chapter 564, chapter 565, chapter

  2  624, or s. 681.117 by filing an action in circuit court; or,

  3  alternatively, the taxpayer may file a petition under the

  4  applicable provisions of chapter 120. However, once an action

  5  has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

  6  120.57, or s. 120.80(14)(b), no action relating to the same

  7  subject matter may be filed by the taxpayer in circuit court,

  8  and judicial review shall be exclusively limited to appellate

  9  review pursuant to s. 120.68; and once an action has been

10  initiated in circuit court, no action may be brought under

11  chapter 120.

12         Section 3.  Subsection (5) of section 192.091, Florida

13  Statutes, is amended to read:

14         192.091  Commissions of property appraisers and tax

15  collectors.--

16         (5)  Provided, that the provisions of this section

17  shall not apply to commissions on intangible property taxes or

18  drainage district or drainage subdistrict taxes.; and

19         Section 4.  Paragraph (b) of subsection (2) of section

20  196.199, Florida Statutes, is amended to read:

21         196.199  Government property exemption.--

22         (2)  Property owned by the following governmental units

23  but used by nongovernmental lessees shall only be exempt from

24  taxation under the following conditions:

25         (b)  Except as provided in paragraph (c), the exemption

26  provided by this subsection shall not apply to those portions

27  of a leasehold or other interest defined by s. 199.023(1)(d),

28  Florida Statutes 1997, subject to the provisions of subsection

29  (7).  Such leasehold or other interest shall be taxed only as

30  intangible personal property pursuant to chapter 199 if rental

31  payments are due in consideration of such leasehold or other

                                  3

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  interest. If no rental payments are due pursuant to the

  2  agreement creating such leasehold or other interest, the

  3  leasehold or other interest shall be taxed as real property.

  4  Nothing in this paragraph shall be deemed to exempt personal

  5  property, buildings, or other real property improvements owned

  6  by the lessee from ad valorem taxation.

  7         Section 5.  Section 196.1993, Florida Statutes, is

  8  amended to read:

  9         196.1993  Certain agreements with local governments for

10  use of public property; exemption.--Any agreement entered into

11  with a local governmental authority prior to January 1, 1969,

12  for use of public property, under which it was understood and

13  agreed in a written instrument or by special act that no ad

14  valorem real property taxes would be paid by the licensee or

15  lessee, shall be deemed a license or management agreement for

16  the use or management of public property. Such interest shall

17  be deemed not to convey an interest in the property and shall

18  not be subject to ad valorem real property taxation.  Nothing

19  in this section shall be deemed to exempt such licensee from

20  the ad valorem intangible tax and the ad valorem personal

21  property tax.

22         Section 6.  Subsection (4) of section 201.23, Florida

23  Statutes, is amended to read:

24         201.23  Foreign notes and other written obligations

25  exempt.--

26         (4)  The excise taxes imposed by this chapter shall not

27  apply to the documents, notes, evidences of indebtedness,

28  financing statements, drafts, bills of exchange, or other

29  taxable items dealt with, made, issued, drawn upon, accepted,

30  delivered, shipped, received, signed, executed, assigned,

31  transferred, or sold by or to a banking organization, as

                                  4

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  defined in s. 199.023(9), Florida Statutes 1997, in the

  2  conduct of an international banking transaction, as defined in

  3  s. 199.023(11), Florida Statutes 1997.  Nothing in this

  4  subsection shall be construed to change the application of

  5  paragraph (2)(a).

  6         Section 7.  Subsection (19) of section 212.02, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         212.02  Definitions.--The following terms and phrases

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

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

11  different meaning:

12         (19)  "Tangible personal property" means and includes

13  personal property which may be seen, weighed, measured, or

14  touched or is in any manner perceptible to the senses,

15  including electric power or energy, boats, motor vehicles and

16  mobile homes as defined in s. 320.01(1) and (2), aircraft as

17  defined in s. 330.27, and all other types of vehicles.  The

18  term "tangible personal property" does not include stocks,

19  bonds, notes, insurance, or other obligations or securities;

20  intangibles as defined by the intangible tax law of the state;

21  or pari-mutuel tickets sold or issued under the racing laws of

22  the state.

23         Section 8.  Subsections (3), (6), and (11) of section

24  213.015, Florida Statutes, are amended to read:

25         213.015  Taxpayer rights.--There is created a Florida

26  Taxpayer's Bill of Rights to guarantee that the rights,

27  privacy, and property of Florida taxpayers are adequately

28  safeguarded and protected during tax assessment, collection,

29  and enforcement processes administered under the revenue laws

30  of this state.  The Taxpayer's Bill of Rights compiles, in one

31  document, brief but comprehensive statements which explain, in

                                  5

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  simple, nontechnical terms, the rights and obligations of the

  2  Department of Revenue and taxpayers.  The rights afforded

  3  taxpayers to assure that their privacy and property are

  4  safeguarded and protected during tax assessment and collection

  5  are available only insofar as they are implemented in other

  6  parts of the Florida Statutes or rules of the Department of

  7  Revenue. The rights so guaranteed Florida taxpayers in the

  8  Florida Statutes and the departmental rules are:

  9         (3)  The right to be represented or advised by counsel

10  or other qualified representatives at any time in

11  administrative interactions with the department, the right to

12  procedural safeguards with respect to recording of interviews

13  during tax determination or collection processes conducted by

14  the department, and the right to have audits, inspections of

15  records, and interviews conducted at a reasonable time and

16  place except in criminal and internal investigations (see ss.

17  198.06, 199.218, 201.11(1), 203.02, 206.14, 211.125(3),

18  211.33(3), 212.0305(3), 212.12(5)(a), (6)(a), and (13),

19  212.13(5), 213.05, 213.21(1)(a) and (c), and 213.34).

20         (6)  The right to be informed of impending collection

21  actions which require sale or seizure of property or freezing

22  of assets, except jeopardy assessments, and the right to at

23  least 30 days' notice in which to pay the liability or seek

24  further review (see ss. 198.20, 199.262, 201.16, 206.075,

25  206.24, 211.125(5), 212.03(5), 212.0305(3)(k), 212.04(7),

26  212.14(1), 213.73(3), 213.731, and 220.739).

27         (11)  The right to procedures for requesting

28  cancellation, release, or modification of liens filed by the

29  department and for requesting that any lien which is filed in

30  error be so noted on the lien cancellation filed by the

31  department, in public notice, and in notice to any credit

                                  6

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  agency at the taxpayer's request (see ss. 198.22, 199.262,

  2  212.15(4), 213.733, and 220.819).

  3         Section 9.  Section 213.05, Florida Statutes, is

  4  amended to read:

  5         213.05  Department of Revenue; control and

  6  administration of revenue laws.--The Department of Revenue

  7  shall have only those responsibilities for ad valorem taxation

  8  specified to the department in chapter 192, taxation, general

  9  provisions; chapter 193, assessments; chapter 194,

10  administrative and judicial review of property taxes; chapter

11  195, property assessment administration and finance; chapter

12  196, exemption; chapter 197, tax collections, sales, and

13  liens; chapter 199, intangible personal property taxes; and

14  chapter 200, determination of millage. The Department of

15  Revenue shall have the responsibility of regulating,

16  controlling, and administering all revenue laws and performing

17  all duties as provided in s. 125.0104, the Local Option

18  Tourist Development Act; s. 125.0108, tourist impact tax;

19  chapter 198, estate taxes; chapter 201, excise tax on

20  documents; chapter 203, gross receipts taxes; chapter 206,

21  motor and other fuel taxes; chapter 211, tax on production of

22  oil and gas and severance of solid minerals; chapter 212, tax

23  on sales, use, and other transactions; chapter 220, income tax

24  code; chapter 221, emergency excise tax; ss. 336.021 and

25  336.025, taxes on motor fuel and special fuel; s.  370.07(3),

26  Apalachicola Bay oyster surcharge; s. 376.11, pollutant spill

27  prevention and control; s. 403.718, waste tire fees; s.

28  403.7185, lead-acid battery fees; s. 403.7195, waste newsprint

29  disposal fees; s. 403.7197, advance disposal fees; s. 538.09,

30  registration of secondhand dealers; s. 538.25, registration of

31  secondary metals recyclers; s. 440.57, group self-insurer's

                                  7

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  fund premium tax; s. 624.5091, retaliatory tax; s. 624.475,

  2  commercial self-insurance fund premium tax; ss.

  3  624.509-624.511, insurance code: administration and general

  4  provisions; s. 624.515, State Fire Marshal regulatory

  5  assessment; s. 627.357, medical malpractice self-insurance

  6  premium tax; s. 629.5011, reciprocal insurers premium tax; and

  7  s. 681.117, motor vehicle warranty enforcement.

  8         Section 10.  Subsections (1) and (4), paragraphs (l)

  9  and (q) of subsection (7), and paragraph (a) of subsection

10  (14) of section 213.053, Florida Statutes, 1998 Supplement,

11  are amended to read:

12         213.053  Confidentiality and information sharing.--

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

14  125.0104, county government; s. 125.0108, tourist impact tax;

15  chapter 175, municipal firefighters' pension trust funds;

16  chapter 185, municipal police officers' retirement trust

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

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

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

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

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

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

23  management, preparedness, and assistance surcharge; s.

24  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

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

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

27  newsprint disposal fees; s. 538.09, registration of secondhand

28  dealers; s. 538.25, registration of secondary metals

29  recyclers; ss. 624.501 and 624.509-624.515, insurance code; s.

30  681.117, motor vehicle warranty enforcement; and s. 896.102,

31  reports of financial transactions in trade or business.

                                  8

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         (4)  Nothing contained in this section shall prevent

  2  the department from publishing statistics so classified as to

  3  prevent the identification of particular accounts, reports,

  4  declarations, or returns or prevent the department from

  5  disclosing to the Comptroller the names and addresses of those

  6  taxpayers who have claimed an exemption pursuant to s.

  7  199.185(1)(i) or a deduction pursuant to s. 220.63(5).

  8         (7)  Notwithstanding any other provision of this

  9  section, the department may provide:

10         (l)  Payment information relative to chapters 199, 201,

11  212, 220, and 221 to the Department of Commerce in its

12  administration of the tax refund program for qualified defense

13  contractors authorized by s. 288.104 and the tax refund

14  program for qualified target industry businesses authorized by

15  s. 288.106.

16         (q)  Information relative to ss. 199.1055, 220.1845,

17  and 376.30781 to the Department of Environmental Protection in

18  the conduct of its official business.

19

20  Disclosure of information under this subsection shall be

21  pursuant to a written agreement between the executive director

22  and the agency.  Such agencies, governmental or

23  nongovernmental, shall be bound by the same requirements of

24  confidentiality as the Department of Revenue.  Breach of

25  confidentiality is a misdemeanor of the first degree,

26  punishable as provided by s. 775.082 or s. 775.083.

27         (14)(a)  Notwithstanding any other provision of this

28  section, the department shall, subject to the safeguards

29  specified in paragraph (c), disclose to the Division of

30  Corporations of the Department of State the name, address,

31  federal employer identification number, and duration of tax

                                  9

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  filings with this state of all corporate or partnership

  2  entities which are not on file or have a dissolved status with

  3  the Division of Corporations and which have filed tax returns

  4  pursuant to either chapter 199 or chapter 220.

  5         Section 11.  Section 213.054, Florida Statutes, is

  6  amended to read:

  7         213.054  Persons claiming tax exemptions or deductions;

  8  annual report.--The Department of Revenue shall be responsible

  9  for monitoring the utilization of tax exemptions and tax

10  deductions authorized pursuant to chapter 81-179, Laws of

11  Florida.  On or before September 1 of each year, the

12  department shall report to the Comptroller the names and

13  addresses of all persons who have claimed an exemption

14  pursuant to s. 199.185(1)(i) or a deduction pursuant to s.

15  220.63(5).

16         Section 12.  Section 213.31, Florida Statutes, is

17  amended to read:

18         213.31  Corporation Tax Administration Trust

19  Fund.--There is hereby created in the State Treasury the

20  Corporation Tax Administration Trust Fund.  Moneys in the fund

21  are hereby appropriated to the Department of Revenue for the

22  administration of taxes levied upon corporations, including,

23  but not limited to, those imposed under chapter 199, chapter

24  220, or chapter 221.

25         Section 13.  Paragraph (c) of subsection (6) of section

26  215.555, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         215.555  Florida Hurricane Catastrophe Fund.--

29         (6)  REVENUE BONDS.--

30         (c)  Florida Hurricane Catastrophe Fund Finance

31  Corporation.--

                                  10

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         1.  In addition to the findings and declarations in

  2  subsection (1), the Legislature also finds and declares that:

  3         a.  The public benefits corporation created under this

  4  paragraph will provide a mechanism necessary for the

  5  cost-effective and efficient issuance of bonds. This mechanism

  6  will eliminate unnecessary costs in the bond issuance process,

  7  thereby increasing the amounts available to pay reimbursement

  8  for losses to property sustained as a result of hurricane

  9  damage.

10         b.  The purpose of such bonds is to fund reimbursements

11  through the Florida Hurricane Catastrophe Fund to pay for the

12  costs of construction, reconstruction, repair, restoration,

13  and other costs associated with damage to properties of

14  policyholders of covered policies due to the occurrence of a

15  hurricane.

16         2.a.  There is created a public benefits corporation to

17  be known as the Florida Hurricane Catastrophe Fund Finance

18  Corporation.

19         b.  The corporation shall operate under a five-member

20  board of directors consisting of the Governor or a designee,

21  the Comptroller or a designee, the Treasurer or a designee,

22  the director of the Division of Bond Finance of the State

23  Board of Administration, and the chief operating officer of

24  the Florida Hurricane Catastrophe Fund.

25         c.  The corporation has all of the powers of

26  corporations under chapter 607 and under chapter 617.

27         d.  The corporation may issue bonds and engage in such

28  other financial transactions as are necessary to provide

29  sufficient funds to achieve the purposes of this section.

30         e.  The corporation may invest in any of the

31  investments authorized under s. 215.47.

                                  11

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         f.  There shall be no liability on the part of, and no

  2  cause of action shall arise against, any board members or

  3  employees of the corporation for any actions taken by them in

  4  the performance of their duties under this paragraph.

  5         3.a.  In actions under chapter 75 to validate any bonds

  6  issued by the corporation, the notice required by s. 75.06

  7  shall be published only in Leon County and in two newspapers

  8  of general circulation in the state, and the complaint and

  9  order of the court shall be served only on the State Attorney

10  of the Second Judicial Circuit.

11         b.  The state hereby covenants with holders of bonds of

12  the corporation that the state will not repeal or abrogate the

13  power of the board to direct the Department of Insurance to

14  levy the assessments and to collect the proceeds of the

15  revenues pledged to the payment of such bonds as long as any

16  such bonds remain outstanding unless adequate provision has

17  been made for the payment of such bonds pursuant to the

18  documents authorizing the issuance of such bonds.

19         4.  The bonds of the corporation are not a debt of the

20  state or of any political subdivision, and neither the state

21  nor any political subdivision is liable on such bonds. The

22  corporation does not have the power to pledge the credit, the

23  revenues, or the taxing power of the state or of any political

24  subdivision. The credit, revenues, or taxing power of the

25  state or of any political subdivision shall not be deemed to

26  be pledged to the payment of any bonds of the corporation.

27         5.a.  The property, revenues, and other assets of the

28  corporation; the transactions and operations of the

29  corporation and the income from such transactions and

30  operations; and all bonds issued under this paragraph and

31  interest on such bonds are exempt from taxation by the state

                                  12

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  and any political subdivision, including the intangibles tax

  2  under chapter 199 and the income tax under chapter 220. This

  3  exemption does not apply to any tax imposed by chapter 220 on

  4  interest, income, or profits on debt obligations owned by

  5  corporations other than the Florida Hurricane Catastrophe Fund

  6  Finance Corporation.

  7         b.  All bonds of the corporation shall be and

  8  constitute legal investments without limitation for all public

  9  bodies of this state; for all banks, trust companies, savings

10  banks, savings associations, savings and loan associations,

11  and investment companies; for all administrators, executors,

12  trustees, and other fiduciaries; for all insurance companies

13  and associations and other persons carrying on an insurance

14  business; and for all other persons who are now or may

15  hereafter be authorized to invest in bonds or other

16  obligations of the state and shall be and constitute eligible

17  securities to be deposited as collateral for the security of

18  any state, county, municipal, or other public funds. This

19  sub-subparagraph shall be considered as additional and

20  supplemental authority and shall not be limited without

21  specific reference to this sub-subparagraph.

22         6.  The corporation and its corporate existence shall

23  continue until terminated by law; however, no such law shall

24  take effect as long as the corporation has bonds outstanding

25  unless adequate provision has been made for the payment of

26  such bonds pursuant to the documents authorizing the issuance

27  of such bonds. Upon termination of the existence of the

28  corporation, all of its rights and properties in excess of its

29  obligations shall pass to and be vested in the state.

30

31

                                  13

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         Section 14.  Subsection (1) and paragraphs (b) and (c)

  2  of subsection (3) of section 220.1845, Florida Statutes, 1998

  3  Supplement, are amended to read:

  4         220.1845  Contaminated site rehabilitation tax

  5  credit.--

  6         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

  7         (a)  A credit in the amount of 35 percent of the costs

  8  of voluntary cleanup activity that is integral to site

  9  rehabilitation at the following sites is allowed against any

10  tax due for a taxable year under this chapter:

11         1.  A drycleaning-solvent-contaminated site eligible

12  for state-funded site rehabilitation under s. 376.3078(3);

13         2.  A drycleaning-solvent-contaminated site at which

14  cleanup is undertaken by the real property owner pursuant to

15  s. 376.3078(11), if the real property owner is not also, and

16  has never been, the owner or operator of the drycleaning

17  facility where the contamination exists; or

18         3.  A brownfield site in a designated brownfield area

19  under s. 376.80.

20         (b)  A taxpayer, or multiple taxpayers working jointly

21  to clean up a single site, may not receive more than $250,000

22  per year in tax credits for each site voluntarily

23  rehabilitated. Multiple taxpayers shall receive tax credits in

24  the same proportion as their contribution to payment of

25  cleanup costs. Subject to the same conditions and limitations

26  as provided in this section, a municipality or county which

27  voluntarily rehabilitates a site may receive not more than

28  $250,000 per year in tax credits which it can subsequently

29  transfer subject to the provisions in paragraph (h).

30         (c)  If the credit granted under this section is not

31  fully used in any one year because of insufficient tax

                                  14

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  liability on the part of the corporation, the unused amount

  2  may be carried forward for a period not to exceed 5 years. The

  3  carryover credit may be used in a subsequent year when the tax

  4  imposed by this chapter for that year exceeds the credit for

  5  which the corporation is eligible in that year under this

  6  section after applying the other credits and unused carryovers

  7  in the order provided by s. 220.02(10).

  8         (d)  A taxpayer that files a consolidated return in

  9  this state as a member of an affiliated group under s.

10  220.131(1) may be allowed the credit on a consolidated return

11  basis up to the amount of tax imposed upon and paid by the

12  taxpayer that incurred the rehabilitation costs.

13         (e)  A taxpayer that receives credit under s. 199.1055

14  is ineligible to receive credit under this section in a given

15  tax year.

16         (e)(f)  A taxpayer that receives state-funded site

17  rehabilitation under s. 376.3078(3) for rehabilitation of a

18  drycleaning-solvent-contaminated site is ineligible to receive

19  credit under this section for costs incurred by the taxpayer

20  in conjunction with the rehabilitation of that site during the

21  same time period that state-administered site rehabilitation

22  was underway.

23         (f)(g)  The total amount of the tax credits which may

24  be granted under this section and s. 199.1055 is $2 million

25  annually.

26         (g)1.(h)1.  Tax credits that may be available under

27  this section to an entity eligible under s. 376.30781 may be

28  transferred after a merger or acquisition to the surviving or

29  acquiring entity and used in the same manner and with the same

30  limitations.

31

                                  15

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         2.  The entity or its surviving or acquiring entity as

  2  described in subparagraph 1., may transfer any unused credit

  3  in whole or in units of no less than 25 percent of the

  4  remaining credit.  The entity acquiring such credit may use it

  5  in the same manner and with the same limitation as described

  6  in this section. Such transferred credits may not be

  7  transferred again although they may succeed to a surviving or

  8  acquiring entity subject to the same conditions and

  9  limitations as described in this section.

10         3.  In the event the credit provided for under this

11  section is reduced either as a result of a determination by

12  the Department of Environmental Protection or an examination

13  or audit by the Department of Revenue, such tax deficiency

14  shall be recovered from the first entity, or the surviving or

15  acquiring entity, to have claimed such credit up to the amount

16  of credit taken.  Any subsequent deficiencies shall be

17  assessed against any entity acquiring and claiming such

18  credit, or in the case of multiple succeeding entities in the

19  order of credit succession.

20         (h)(i)  In order to encourage completion of site

21  rehabilitation at contaminated sites being voluntarily cleaned

22  up and eligible for a tax credit under this section, the

23  taxpayer may claim an additional 10 percent of the total

24  cleanup costs, not to exceed $50,000, in the final year of

25  cleanup as evidenced by the Department of Environmental

26  Protection issuing a "No Further Action" order for that site.

27         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

28  FORFEITURE.--

29         (b)  In addition to its existing audit and

30  investigation authority relating to chapter 199 and this

31  chapter, the Department of Revenue may perform any additional

                                  16

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  financial and technical audits and investigations, including

  2  examining the accounts, books, or records of the tax credit

  3  applicant, which are necessary to verify the site

  4  rehabilitation costs included in a tax credit return and to

  5  ensure compliance with this section. The Department of

  6  Environmental Protection shall provide technical assistance,

  7  when requested by the Department of Revenue, on any technical

  8  audits performed pursuant to this section.

  9         (c)  It is grounds for forfeiture of previously claimed

10  and received tax credits if the Department of Revenue

11  determines, as a result of either an audit or information

12  received from the Department of Environmental Protection, that

13  a taxpayer received tax credits pursuant to this section to

14  which the taxpayer was not entitled. In the case of fraud, the

15  taxpayer shall be prohibited from claiming any future tax

16  credits under this section or s. 199.1055.

17         1.  The taxpayer is responsible for returning forfeited

18  tax credits to the Department of Revenue, and such funds shall

19  be paid into the General Revenue Fund of the state.

20         2.  The taxpayer shall file with the Department of

21  Revenue an amended tax return or such other report as the

22  Department of Revenue prescribes by rule and shall pay any

23  required tax within 60 days after the taxpayer receives

24  notification from the Department of Environmental Protection

25  pursuant to s. 376.30781 that previously approved tax credits

26  have been revoked or modified, if uncontested, or within 60

27  days after a final order is issued following proceedings

28  involving a contested revocation or modification order.

29         3.  A notice of deficiency may be issued by the

30  Department of Revenue at any time within 5 years after the

31  date the taxpayer receives notification from the Department of

                                  17

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  Environmental Protection pursuant to s. 376.30781 that

  2  previously approved tax credits have been revoked or modified.

  3  If a taxpayer fails to notify the Department of Revenue of any

  4  change in its tax credit claimed, a notice of deficiency may

  5  be issued at any time. In either case, the amount of any

  6  proposed assessment set forth in such notice of deficiency

  7  shall be limited to the amount of any deficiency resulting

  8  under this section from the recomputation of the taxpayer's

  9  tax for the taxable year.

10         4.  Any taxpayer that fails to report and timely pay

11  any tax due as a result of the forfeiture of its tax credit is

12  in violation of this section and is subject to applicable

13  penalty and interest.

14         Section 15.  Paragraph (b) of subsection (2) of section

15  288.039, Florida Statutes, is amended to read:

16         288.039  Employing and Training our Youths (ENTRY).--

17         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

18         (b)  After entering into an employment/tax refund

19  agreement under subsection (3), an eligible business may

20  receive refunds for the following taxes or fees due and paid

21  by that business:

22         1.  Taxes on sales, use, and other transactions under

23  part I of chapter 212.

24         2.  Corporate income taxes under chapter 220.

25         3.  Intangible personal property taxes under chapter

26  199.

27         3.4.  Emergency excise taxes under chapter 221.

28         4.5.  Excise taxes on documents under chapter 201.

29         5.6.  Ad valorem taxes paid, as defined in s.

30  220.03(1).

31         6.7.  Insurance premium taxes under s. 624.509.

                                  18

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         7.8.  Occupational license fees under chapter 205.

  2

  3  However, an eligible business may not receive a refund under

  4  this section for any amount of credit, refund, or exemption

  5  granted to that business for any of such taxes or fees.  If a

  6  refund for such taxes or fees is provided by the office, which

  7  taxes or fees are subsequently adjusted by the application of

  8  any credit, refund, or exemption granted to the eligible

  9  business other than as provided in this section, the business

10  shall reimburse the office for the amount of that credit,

11  refund, or exemption.  An eligible business shall notify and

12  tender payment to the office within 20 days after receiving

13  any credit, refund, or exemption other than the one provided

14  in this section.

15         Section 16.  Paragraph (c) of subsection (3) and

16  paragraph (a) of subsection (4) of section 288.106, Florida

17  Statutes, 1998 Supplement, are amended to read:

18         288.106  Tax refund program for qualified target

19  industry businesses.--

20         (3)  TAX REFUND; ELIGIBLE AMOUNTS.--

21         (c)  After entering into a tax refund agreement under

22  subsection (5), a qualified target industry business may

23  receive refunds from the account for the following taxes due

24  and paid by that business beginning with the first taxable

25  year of the business which begins after entering into the

26  agreement:

27         1.  Taxes on sales, use, and other transactions under

28  chapter 212.

29         2.  Corporate income taxes under chapter 220.

30         3.  Intangible personal property taxes under chapter

31  199.

                                  19

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         3.4.  Emergency excise taxes under chapter 221.

  2         4.5.  Excise taxes on documents under chapter 201.

  3         5.6.  Ad valorem taxes paid, as defined in s.

  4  220.03(1).

  5         6.7.  Insurance premium tax under s. 624.509.

  6

  7  However, a qualified target industry business may not receive

  8  a refund under this section for any amount of credit, refund,

  9  or exemption granted to that business for any of such taxes.

10  If a refund for such taxes is provided by the office, which

11  taxes are subsequently adjusted by the application of any

12  credit, refund, or exemption granted to the qualified target

13  industry business other than as provided in this section, the

14  business shall reimburse the account for the amount of that

15  credit, refund, or exemption. A qualified target industry

16  business shall notify and tender payment to the office within

17  20 days after receiving any credit, refund, or exemption other

18  than one provided in this section.

19         (4)  APPLICATION AND APPROVAL PROCESS.--

20         (a)  To apply for certification as a qualified target

21  industry business under this section, the business must file

22  an application with the office before the business has made

23  the decision to locate a new business in this state or before

24  the business had made the decision to expand an existing

25  business in this state. The application shall include, but is

26  not limited to, the following information:

27         1.  The applicant's federal employer identification

28  number and the applicant's state sales tax registration

29  number.

30         2.  The permanent location of the applicant's facility

31  in this state at which the project is or is to be located.

                                  20

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         3.  A description of the type of business activity or

  2  product covered by the project, including four-digit SIC codes

  3  for all activities included in the project.

  4         4.  The number of full-time equivalent jobs in this

  5  state that are or will be dedicated to the project and the

  6  average wage of those jobs. If more than one type of business

  7  activity or product is included in the project, the number of

  8  jobs and average wage for those jobs must be separately stated

  9  for each type of business activity or product.

10         5.  The total number of full-time equivalent employees

11  employed by the applicant in this state.

12         6.  The anticipated commencement date of the project.

13         7.  The amount of:

14         a.  Taxes on sales, use, and other transactions paid

15  under chapter 212;

16         b.  Corporate income taxes paid under chapter 220;

17         c.  Intangible personal property taxes paid under

18  chapter 199;

19         c.d.  Emergency excise taxes paid under chapter 221;

20  and

21         d.e.  Excise taxes on documents paid under chapter 201.

22         8.  The estimated amount of tax refunds to be claimed

23  in each fiscal year.

24         9.  A brief statement concerning the role that the tax

25  refunds requested will play in the decision of the applicant

26  to locate or expand in this state.

27         10.  An estimate of the proportion of the sales

28  resulting from the project that will be made outside this

29  state.

30         11.  A resolution adopted by the governing board of the

31  county or municipality in which the project will be located,

                                  21

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  which resolution recommends that certain types of businesses

  2  be approved as a qualified target industry business and states

  3  that the commitments of local financial support necessary for

  4  the target industry business exist. Before adoption of the

  5  resolution, the governing board may review the proposed public

  6  or private sources of such support and determine whether the

  7  proposed sources of local financial support can be provided.

  8         12.  Any additional information requested by the

  9  office.

10         Section 17.  Paragraph (c) of subsection (1) and

11  paragraph (d) of subsection (2) of section 288.1066, Florida

12  Statutes, are amended to read:

13         288.1066  Confidentiality of records.--

14         (1)  The following information when received by the

15  Department of Commerce; the Office of Tourism, Trade, and

16  Economic Development; Enterprise Florida, Inc.; or county or

17  municipal governmental entities and their employees pursuant

18  to the qualified defense contractor tax refund program as

19  required by s. 288.104 is confidential and exempt from the

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

21  Constitution for a period not to exceed the duration of the

22  tax refund agreement or 10 years, whichever is earlier:

23         (c)  The amount of:

24         1.  Taxes on sales, use, and other transactions paid

25  pursuant to chapter 212;

26         2.  Corporate income taxes paid pursuant to chapter

27  220;

28         3.  Intangible personal property taxes paid pursuant to

29  former chapter 199;

30         4.  Emergency excise taxes paid pursuant to chapter

31  221; and

                                  22

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         5.  Ad valorem taxes paid

  2

  3  during the 5 fiscal years immediately preceding the date of

  4  the application, and the projected amounts of such taxes to be

  5  due in the 3 fiscal years immediately following the date of

  6  the application.

  7         (2)  The following information when received by the

  8  Department of Commerce; the Office of Tourism, Trade, and

  9  Economic Development; Enterprise Florida, Inc.; or county or

10  municipal governmental entities and their employees pursuant

11  to the qualified target industry tax refund program as

12  required by s. 288.106 is confidential and exempt from the

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

14  Constitution for a period not to exceed the duration of the

15  tax refund agreement or 10 years, whichever is earlier:

16         (d)  The amount of:

17         1.  Taxes on sales, use, and other transactions paid

18  pursuant to chapter 212;

19         2.  Corporate income taxes paid pursuant to chapter

20  220;

21         3.  Intangible personal property taxes paid pursuant to

22  former chapter 199;

23         4.  Emergency excise taxes paid pursuant to chapter

24  221; and

25         5.  Ad valorem taxes paid

26

27  during the 5 fiscal years immediately preceding the date of

28  the application, and the projected amounts of such taxes to be

29  due in the 3 fiscal years immediately following the date of

30  the application.

31

                                  23

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         Section 18.  Subsection (3) of section 376.30781,

  2  Florida Statutes, 1998 Supplement, is amended to read:

  3         376.30781  Partial tax credits for rehabilitation of

  4  drycleaning-solvent-contaminated sites and brownfield sites in

  5  designated brownfield areas; application process; rulemaking

  6  authority; revocation authority.--

  7         (3)  The Department of Environmental Protection shall

  8  be responsible for allocating the tax credits provided for in

  9  s. ss. 199.1055 and 220.1845, not to exceed a total of $2

10  million in tax credits annually.

11         Section 19.  Paragraph (e) of subsection (14) of

12  section 440.49, Florida Statutes, 1998 Supplement, is amended

13  to read:

14         440.49  Limitation of liability for subsequent injury

15  through Special Disability Trust Fund.--

16         (14)  FLORIDA SPECIAL DISABILITY TRUST FUND FINANCING

17  CORPORATION.--

18         (e)1.  The funds, credit, property, or taxing power of

19  the state or political subdivisions of the state shall not be

20  pledged for the payment of such bonds. The bonds of the

21  corporation are not a debt of the state or of any political

22  subdivision, and neither the state nor any political

23  subdivision is liable on such bonds. The corporation does not

24  have the power to pledge the credit, the revenues, or the

25  taxing power of the state or of any political subdivision. The

26  credit, revenues, or taxing power of the state or of any

27  political subdivision shall not be deemed to be pledged to the

28  payment of any bonds of the corporation. However, bonds issued

29  under this subsection are declared to be for an essential

30  public and governmental purpose.

31

                                  24

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         2.  The property, revenues, and other assets of the

  2  corporation; the transactions and operations of the

  3  corporation and the income from such transactions and

  4  operations; and all bonds issued under this paragraph and the

  5  interest on such bonds, which is exempt from income taxes of

  6  the United States, are exempt from taxation by the state and

  7  any political subdivision, including, but not limited to, the

  8  intangibles tax under chapter 199, the income tax under

  9  chapter 220, and the premium tax under the Florida Insurance

10  Code. This exemption does not apply to any tax imposed by

11  chapter 220 on interest income or profits on debt obligations

12  owned by corporations other than the Special Disability Trust

13  Fund Financing Corporation. The corporation is not subject to

14  the reporting requirements mandated by the Florida Insurance

15  Code.

16         Section 20.  Subsection (13) of section 493.6102,

17  Florida Statutes, is amended to read:

18         493.6102  Inapplicability of parts I through IV of this

19  chapter.--This chapter shall not apply to:

20         (13)  Any individual employed as a security officer by

21  a church or ecclesiastical or denominational organization

22  having an established physical place of worship in this state

23  at which nonprofit religious services and activities are

24  regularly conducted or by a church cemetery religious

25  institution as defined in s. 199.183(2)(a) to provide security

26  on the institution property of the organization or cemetery,

27  and who does not carry a firearm in the course of her or his

28  duties.

29         Section 21.  Paragraph (a) of subsection (3) of section

30  516.031, Florida Statutes, is amended to read:

31         516.031  Finance charge; maximum rates.--

                                  25

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         (3)  OTHER CHARGES.--

  2         (a)  In addition to the interest and insurance charges

  3  herein provided for, no further or other charges or amount

  4  whatsoever for any examination, service, commission, or other

  5  thing or otherwise shall be directly or indirectly charged,

  6  contracted for, or received as a condition to the grant of a

  7  loan, except:

  8         1.  An amount not to exceed $10 to reimburse a portion

  9  of the costs for investigating the character and credit of the

10  person applying for the loan;

11         2.  An annual fee of $25 on the anniversary date of

12  each line-of-credit account;

13         3.  Charges paid for brokerage fee on a loan or line of

14  credit of more than $10,000, title insurance, and the

15  appraisal of real property offered as security when paid to a

16  third party and supported by an actual expenditure;

17         4.  Intangible personal property tax on the loan note

18  or obligation when secured by a lien on real property;

19         4.5.  The documentary excise tax and lawful fees, if

20  any, actually and necessarily paid out by the licensee to any

21  public officer for filing, recording, or releasing in any

22  public office any instrument securing the loan, which fees may

23  be collected when the loan is made or at any time thereafter;

24         5.6.  The premium payable for any insurance in lieu of

25  perfecting any security interest otherwise required by the

26  licensee in connection with the loan, if the premium does not

27  exceed the fees which would otherwise be payable, which

28  premium may be collected when the loan is made or at any time

29  thereafter;

30         6.7.  Actual and reasonable attorney's fees and court

31  costs as determined by the court in which suit is filed; or

                                  26

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         7.8.  Actual and commercially reasonable expenses of

  2  repossession, storing, repairing and placing in condition for

  3  sale, and selling of any property pledged as security.

  4

  5  Any charges, including interest, in excess of the combined

  6  total of all charges authorized and permitted by this chapter

  7  constitute a violation of chapter 687 governing interest and

  8  usury, and the penalties of that chapter apply. In the event

  9  of a bona fide error, the licensee shall refund or credit the

10  borrower with the amount of the overcharge immediately but

11  within 20 days from the discovery of such error.

12         Section 22.  Subsections (4), (7), and (8) of section

13  624.509, Florida Statutes, 1998 Supplement, are amended to

14  read:

15         624.509  Premium tax; rate and computation.--

16         (4)  The intangible tax imposed under chapter 199, the

17  income tax imposed under chapter 220, and the emergency excise

18  tax imposed under chapter 221 which are paid by any insurer

19  shall be credited against, and to the extent thereof shall

20  discharge, the liability for tax imposed by this section for

21  the annual period in which such tax payments are made.  As to

22  any insurer issuing policies insuring against loss or damage

23  from the risks of fire, tornado, and certain casualty lines,

24  the tax imposed by this section, as intended and contemplated

25  by this subsection, shall be construed to mean the net amount

26  of such tax remaining after there has been credited thereon

27  such gross premium receipts tax as may be payable by such

28  insurer in pursuance of the imposition of such tax by any

29  incorporated cities or towns in the state for firefighters'

30  relief and pension funds and police officers' retirement funds

31  maintained in such cities or towns, as provided in and by

                                  27

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  relevant provisions of the Florida Statutes.  For purposes of

  2  this subsection, payments of estimated income tax under

  3  chapter 220 and of estimated emergency excise tax under

  4  chapter 221 shall be deemed paid either at the time the

  5  insurer actually files its annual returns under chapter 220 or

  6  at the time such returns are required to be filed, whichever

  7  first occurs, and not at such earlier time as such payments of

  8  estimated tax are actually made.

  9         (7)  Credits and deductions against the tax imposed by

10  this section shall be taken in the following order: deductions

11  for assessments made pursuant to s. 440.51; credits for taxes

12  paid under ss. 175.101 and 185.08; credits for income taxes

13  paid under chapter 220, the emergency excise tax paid under

14  chapter 221 and the credit allowed under subsection (5), as

15  these credits are limited by subsection (6); credits for

16  intangible taxes paid under chapter 199; all other available

17  credits and deductions.

18         (8)  From and after July 1, 1980, the premium tax

19  authorized by this section shall not be imposed upon receipts

20  of annuity premiums or considerations paid by holders in this

21  state and from and after July 1, 1991, the intangible tax

22  imposed by chapter 199 shall not be imposed on assets equal to

23  the statutory legal reserves of annuity products maintained by

24  insurance companies on behalf of their holders if the tax

25  savings derived are credited to the annuity holders.  Upon

26  request by the Department of Revenue, any insurer availing

27  itself of this provision shall submit to the department

28  evidence which establishes that the tax savings derived have

29  been credited to annuity holders.  As used in this subsection,

30  the term "holders" shall be deemed to include employers

31

                                  28

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  contributing to an employee's pension, annuity, or

  2  profit-sharing plan.

  3         Section 23.  Effective July 1, 2000, subsections (4),

  4  (7), and (8) of section 624.509, Florida Statutes, as amended

  5  by section 12 of chapter 98-132, Laws of Florida, are

  6  reenacted to read:

  7         624.509  Premium tax; rate and computation.--

  8         (4)  The income tax imposed under chapter 220 and the

  9  emergency excise tax imposed under chapter 221 which are paid

10  by any insurer shall be credited against, and to the extent

11  thereof shall discharge, the liability for tax imposed by this

12  section for the annual period in which such tax payments are

13  made.  As to any insurer issuing policies insuring against

14  loss or damage from the risks of fire, tornado, and certain

15  casualty lines, the tax imposed by this section, as intended

16  and contemplated by this subsection, shall be construed to

17  mean the net amount of such tax remaining after there has been

18  credited thereon such gross premium receipts tax as may be

19  payable by such insurer in pursuance of the imposition of such

20  tax by any incorporated cities or towns in the state for

21  firefighters' relief and pension funds and police officers'

22  retirement funds maintained in such cities or towns, as

23  provided in and by relevant provisions of the Florida

24  Statutes.  For purposes of this subsection, payments of

25  estimated income tax under chapter 220 and of estimated

26  emergency excise tax under chapter 221 shall be deemed paid

27  either at the time the insurer actually files its annual

28  returns under chapter 220 or at the time such returns are

29  required to be filed, whichever first occurs, and not at such

30  earlier time as such payments of estimated tax are actually

31  made.

                                  29

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         (7)  Credits and deductions against the tax imposed by

  2  this section shall be taken in the following order: deductions

  3  for assessments made pursuant to s. 440.51; credits for taxes

  4  paid under ss. 175.101 and 185.08; credits for income taxes

  5  paid under chapter 220, the emergency excise tax paid under

  6  chapter 221 and the credit allowed under subsection (5), as

  7  these credits are limited by subsection (6); all other

  8  available credits and deductions.

  9         (8)  From and after July 1, 1980, the premium tax

10  authorized by this section shall not be imposed upon receipts

11  of annuity premiums or considerations paid by holders in this

12  state if the tax savings derived are credited to the annuity

13  holders.  Upon request by the Department of Revenue, any

14  insurer availing itself of this provision shall submit to the

15  department evidence which establishes that the tax savings

16  derived have been credited to annuity holders.  As used in

17  this subsection, the term "holders" shall be deemed to include

18  employers contributing to an employee's pension, annuity, or

19  profit-sharing plan.

20         Section 24.  Paragraph (m) of subsection (4) of section

21  627.311, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         627.311  Joint underwriters and joint reinsurers.--

24         (4)

25         (m)  Each joint underwriting plan or association

26  created under this section is not a state agency, board, or

27  commission. However, for the purposes of s. 199.183(1) only,

28  the joint underwriting plan is a political subdivision of the

29  state and is exempt from the corporate income tax.

30

31

                                  30

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1         Section 25.  Paragraph (j) of subsection (6) of section

  2  627.351, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         627.351  Insurance risk apportionment plans.--

  5         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT

  6  UNDERWRITING ASSOCIATION.--

  7         (j)  The Residential Property and Casualty Joint

  8  Underwriting Association is not a state agency, board, or

  9  commission. However, for the purposes of s. 199.183(1), the

10  Residential Property and Casualty Joint Underwriting

11  Association shall be considered a political subdivision of the

12  state and shall be exempt from the corporate income tax.

13         Section 26.  Paragraph (b) of subsection (6) of section

14  650.05, Florida Statutes, is amended to read:

15         650.05  Plans for coverage of employees of political

16  subdivisions.--

17         (6)

18         (b)  The grants-in-aid and other revenue referred to in

19  paragraph (a) specifically include, but are not limited to,

20  minimum foundation program grants to public school districts

21  and community colleges; gasoline, motor fuel, intangible,

22  cigarette, racing, and insurance premium taxes distributed to

23  political subdivisions; and amounts specifically appropriated

24  as grants-in-aid for mental health, mental retardation, and

25  mosquito control programs.

26         Section 27.  Subsection (1) of section 655.071, Florida

27  Statutes, is amended to read:

28         655.071  International banking facilities; definitions;

29  notice before establishment.--

30         (1)  "International banking facility" means a set of

31  asset and liability accounts segregated on the books and

                                  31

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  records of a banking organization, as that term is defined in

  2  s. 199.023, Florida Statutes 1997, that includes only

  3  international banking facility deposits, borrowings, and

  4  extensions of credit, as those terms shall be defined by the

  5  department pursuant to subsection (2).

  6         Section 28.  Subsection (2) of section 733.604, Florida

  7  Statutes, is amended to read:

  8         733.604  Inventory.--

  9         (2)  The personal representative shall serve a copy of

10  the inventory on the Department of Revenue, as provided in s.

11  199.062(4), the surviving spouse, each heir at law in an

12  intestate estate, each residuary beneficiary in a testate

13  estate, and any other interested person who may request it;

14  and the personal representative shall file proof of such

15  service. The inventory shall be verified by the personal

16  representative.

17         Section 29.  Paragraph (a) of subsection (1) of section

18  766.105, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         766.105  Florida Patient's Compensation Fund.--

21         (1)  DEFINITIONS.--The following definitions apply in

22  the interpretation and enforcement of this section:

23         (a)  The term "fund" means the Florida Patient's

24  Compensation Fund.  The fund is not a state agency, board, or

25  commission.  However, for the purposes of s. 199.183(1) only,

26  the fund shall be considered a political subdivision of this

27  state.

28         Section 30.  Subsection (5) of section 192.032,

29  subsection (3) of section 192.042, subsection (4) of section

30  193.114, subsection (9) of section 196.015, subsections (2)

31  and (7) of section 213.27, paragraph (g) of subsection (1) of

                                  32

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






    Florida Senate - 1999                                  SB 2310
    25-1380A-99




  1  section 607.1622, and subsection (2) of section 731.111,

  2  Florida Statutes, are repealed.

  3         Section 31.  This act shall take effect January 1,

  4  2000.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Abolishes the intangible personal property tax.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  33