House Bill 0065

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    Florida House of Representatives - 1999                  HB 65

        By Representative Starks






  1                      A bill to be entitled

  2         An act relating to tax administration; amending

  3         s. 95.091, F.S.; revising time periods within

  4         which the Department of Revenue and Department

  5         of Business and Professional Regulation may

  6         determine and assess the amount of any tax,

  7         penalty, or interest due under taxes which they

  8         have authority to administer; amending s.

  9         213.015, F.S.; specifying additional taxpayer's

10         rights; creating s. 213.235, F.S.; providing

11         for determination of the annual rate of

12         interest applicable to tax payment

13         deficiencies; creating s. 213.255, F.S.;

14         providing for payment of interest on

15         overpayments of taxes, payment of taxes not

16         due, or taxes paid in error with respect to

17         taxes administered by the Department of Revenue

18         if refund is not made within a specified

19         period; providing requirements for refund

20         applications; requiring a bond or other

21         security under certain conditions; amending s.

22         213.34, F.S.; providing that no part of the

23         compensation of an employee or agent of the

24         state performing a tax audit shall be based on

25         amounts assessed or collected as a result of

26         the audit; amending s. 215.26, F.S.; revising

27         the time period within which application for

28         refund of taxes must be made; amending s.

29         194.192, F.S., relating to the rate of interest

30         in judgments against taxpayers for deficient

31         property taxes, ss. 197.172 and 197.402, F.S.,

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  1         relating to the rate of interest on delinquent

  2         real and personal property taxes, s. 193.1145,

  3         F.S., relating to the rate of interest on

  4         delinquent provisional property taxes, ss.

  5         198.15 and 198.18, F.S., relating to the rate

  6         of interest on delinquent estate taxes and

  7         taxes for which an extension is granted, s.

  8         198.155, F.S., relating to the rate of interest

  9         on delinquent tax on generation-skipping

10         transfers, s. 198.16, F.S., relating to the

11         rate of interest on deficiencies in such taxes,

12         s. 199.282, F.S., relating to the rate of

13         interest on delinquent intangible personal

14         property taxes, s. 201.17, F.S., relating to

15         the rate of interest on delinquent excise taxes

16         on documents, and s. 203.06, F.S., relating to

17         the rate of interest on delinquent gross

18         receipts taxes, to conform; reenacting s.

19         203.62, F.S., relating to the gross receipts

20         tax on interstate and international

21         telecommunications services, to incorporate the

22         amendment to s. 203.06, F.S., in a reference

23         thereto; amending s. 206.44, F.S., relating to

24         the rate of interest on delinquent motor fuel

25         taxes, to conform; reenacting ss. 206.06(1),

26         206.94, 206.97, 206.9915(3), 336.021(2)(a), and

27         336.025(2)(a), F.S., relating to estimated fuel

28         taxes, tax on diesel fuel, tax on fuel and

29         other pollutants, the ninth-cent fuel tax on

30         motor and diesel fuel, and the local option tax

31         on motor and diesel fuel for county

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  1         transportation systems, to incorporate the

  2         amendment to s. 206.44, F.S., in references

  3         thereto; amending s. 207.007, F.S., relating to

  4         the rate of interest on delinquent tax on the

  5         operation of commercial motor vehicles, ss.

  6         211.076 and 211.33, F.S., relating to the rate

  7         of interest on delinquent taxes and

  8         underpayment of estimated taxes on oil and gas

  9         production and severance of minerals, and s.

10         212.12, F.S., relating to the rate of interest

11         on delinquent taxes on sales, use, and other

12         transactions, to conform; reenacting ss.

13         193.501(6)(e), 193.503(9)(b), and 193.505(8),

14         F.S., relating to the interest on a deferred

15         tax liability due upon a change in assessment

16         status of certain conservation or recreation

17         land or historic properties, and s.

18         196.1997(7), F.S., relating to the interest on

19         taxes which become due when property is no

20         longer eligible for a historic property tax

21         exemption, to incorporate the amendment to s.

22         212.12, F.S., in references thereto; amending

23         s. 220.807, F.S., relating to the interest rate

24         applicable to the corporate income tax code,

25         and s. 624.5092, F.S., relating to the rate of

26         interest on delinquent insurance premium taxes,

27         to conform; directing the Department of Revenue

28         to examine and report on the impact of the act;

29         providing effective dates.

30

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

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  1         Section 1.  Effective January 1, 2000, paragraph (a) of

  2  subsection (3) of section 95.091, Florida Statutes, is amended

  3  to read:

  4         95.091  Limitation on actions to collect taxes.--

  5         (3)(a)1.  With the exception of taxes levied under

  6  chapter 198 and tax adjustments made pursuant to s. 220.23,

  7  the Department of Revenue may determine and assess the amount

  8  of any tax, penalty, or interest due under any tax enumerated

  9  in s. 72.011 which it has authority to administer and the

10  Department of Business and Professional Regulation may

11  determine and assess the amount of any tax, penalty, or

12  interest due under any tax enumerated in s. 72.011 which it

13  has authority to administer:

14         a.  Within 3 5 years after the date the tax is due, any

15  return with respect to the tax is due, or such return is

16  filed, whichever occurs later;

17         b.  Within 4 6 years after the date the taxpayer either

18  makes a substantial underpayment of tax, or files a

19  substantially incorrect return;

20         c.  At any time while the right to a refund or credit

21  of the tax is available to the taxpayer;

22         d.  At any time after the taxpayer has failed to make

23  any required payment of the tax, has failed to file a required

24  return, or has filed a grossly false or fraudulent return; or

25         e.  In any case in which there has been a refund of tax

26  erroneously made for any reason, within 5 years after making

27  such refund, or at any time after making such refund if it

28  appears that any part of the refund was induced by fraud or

29  the misrepresentation of a material fact.

30         2.  For the purpose of this paragraph, a tax return

31  filed before the last day prescribed by law, including any

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  1  extension thereof, shall be deemed to have been filed on such

  2  last day, and payments made prior to the last day prescribed

  3  by law shall be deemed to have been paid on such last day.

  4         Section 2.  Subsections (16) and (17) are added to

  5  section 213.015, Florida Statutes, and, effective January 1,

  6  2000, subsections (18) and (19) are added to said section, to

  7  read:

  8         213.015  Taxpayer rights.--There is created a Florida

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

10  privacy, and property of Florida taxpayers are adequately

11  safeguarded and protected during tax assessment, collection,

12  and enforcement processes administered under the revenue laws

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

14  document, brief but comprehensive statements which explain, in

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

16  Department of Revenue and taxpayers.  The rights afforded

17  taxpayers to assure that their privacy and property are

18  safeguarded and protected during tax assessment and collection

19  are available only insofar as they are implemented in other

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

21  Revenue. The rights so guaranteed Florida taxpayers in the

22  Florida Statutes and the departmental rules are:

23         (16)  The right to assurance that no part of the

24  compensation of employees or agents of any governmental entity

25  in Florida, when performing tax audits, will be based on the

26  amount of tax assessed or collected as a result of the audit

27  (see ss. 213.28 and 213.34).

28         (17)  The right to market interest rates on delinquent

29  taxes (see s. 213.235).

30         (18)  The right to receive interest when a refund is

31  not paid within 90 days after receipt of a complete

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  1  application for refund for overpayments, payment of taxes not

  2  due, or taxes paid in error (see ss. 213.255 and 220.723).

  3         (19)  The right to the same statute of limitations on

  4  assessments and refunds (see ss. 95.091, 213.25, 215.26, and

  5  220.727).

  6         Section 3.  Section 213.235, Florida Statutes, is

  7  created to read:

  8         213.235  Determination of interest on deficiencies.--

  9         (1)  The annual rate of interest applicable to tax

10  payment deficiencies shall be the adjusted rate established by

11  the executive director of the department under subsection (2).

12  This annual rate of interest is applicable to all taxes

13  enumerated in s. 213.05.

14         (2)  If the adjusted prime rate charged by banks,

15  rounded to the nearest full percent, during either:

16         (a)  The 6-month period ending on September 30 of any

17  calendar year; or

18         (b)  The 6-month period ending on March 31 of any

19  calendar year,

20

21  differs from the interest rate in effect on such date, the

22  executive director of the department shall, within 20 days,

23  establish an adjusted rate of interest equal to such adjusted

24  prime rate.

25         (3)  An adjusted rate of interest established under

26  this section shall become effective:

27         (a)  On January 1 of the succeeding year, if based upon

28  the adjusted prime rate for the 6-month period ending on

29  September 30; or

30

31

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  1         (b)  On July 1 of the same calendar year, if based upon

  2  the adjusted prime rate for the 6-month period ending on March

  3  31.

  4         (4)  For the purposes of this section, "adjusted prime

  5  rate charged by banks" means the average predominant prime

  6  rate quoted by commercial banks to large businesses, as

  7  determined by the Board of Governors of the Federal Reserve

  8  System.

  9         (5)  Once established, an adjusted rate of interest

10  shall remain in effect until an adjustment is made under

11  subsection (2).

12         Section 4.  Effective January 1, 2000, section 213.255,

13  Florida Statutes, is created to read:

14         213.255  Interest.--Interest shall be paid on

15  overpayments of taxes, payment of taxes not due, or taxes paid

16  in error, subject to the following conditions:

17         (1)  A refund application must be filed with the

18  department within the time specified by s. 215.26.

19         (2)  A refund application shall not be processed until

20  it is determined complete.  A refund application is complete

21  if it is filed on a permitted form and contains:

22         (a)  The taxpayer's name, address, identifying number,

23  and signature.

24         (b)  Sufficient information, whether on the application

25  or attachments, to permit mathematical verification of the

26  amount of the refund.

27         (c)  The amount claimed.

28         (d)  The specific grounds upon which the refund is

29  claimed.

30         (e)  The taxable years or periods involved.

31

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  1         (f)  A completed audit, if an audit is required by the

  2  department.

  3         (3)  If the refund application is not complete, the

  4  department shall return the application to the taxpayer with

  5  instructions to include any documents needed to complete the

  6  application.

  7         (4)  Interest shall not commence until 90 days after a

  8  complete refund application has been filed and the amount of

  9  overpayment has not been refunded to the taxpayer or applied

10  as a credit to the taxpayer's account.  If the department and

11  the taxpayer mutually agree that an audit of the claim is

12  necessary, interest shall not commence until the audit of the

13  claim is final.

14         (5)  If a tax is adjudicated unconstitutional and

15  refunds are ordered by the court, interest shall not commence

16  on complete applications until 90 days after the adjudication

17  becomes final and unappealable or 90 days after a complete

18  application has been filed, whichever is later.

19         (6)  Interest shall be paid until a date determined by

20  the department which shall be no more than 7 days prior to the

21  date of the issuance of the refund warrant by the Comptroller.

22         (7)  No interest shall be paid if the department has

23  reasonable cause to believe that it could not recover the

24  amount of any refund paid in error from the person claiming

25  the refund, unless such person files a cash bond or a surety

26  bond in the amount of the refund claimed or such person makes

27  other security arrangements satisfactory to the department.

28  The cash or surety bond shall be endorsed by a surety company

29  authorized to do business in this state and shall be

30  conditioned upon payment in full of the amount of any refund

31  paid in error for any reason.  The department shall provide a

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  1  written notice of its determination that a cash or surety bond

  2  is required, in which event interest shall not commence until

  3  the person filing the claim satisfies this requirement.

  4         (8)  The rate of interest shall be the adjusted rate

  5  established pursuant to s. 213.235, except that the annual

  6  rate of interest shall never be greater than 11 percent.  This

  7  annual rate of interest shall be applied to all refunds of

  8  taxes administered by the department except for corporate

  9  income taxes and emergency excise taxes governed by ss.

10  220.721 and 220.723.

11         Section 5.  Subsection (1) of section 213.34, Florida

12  Statutes, is amended to read:

13         213.34  Authority to audit.--

14         (1)  The Department of Revenue shall have the authority

15  to audit and examine the accounts, books, or records of all

16  persons who are subject to a revenue law made applicable to

17  this chapter, or otherwise placed under the control and

18  administration of the department, for the purpose of

19  ascertaining the correctness of any return which has been

20  filed or payment which has been made, or for the purpose of

21  making a return where none has been made.  No part of the

22  compensation of any employee or agent of the state performing

23  a tax audit shall be based on the amount of tax assessed or

24  collected as a result of the audit.

25         Section 6.  Effective January 1, 2000, subsection (2)

26  of section 215.26, Florida Statutes, is amended to read:

27         215.26  Repayment of funds paid into State Treasury

28  through error.--

29         (2)  Application for refunds as provided by this

30  section must be filed with the Comptroller, except as

31  otherwise provided in this subsection, within 3 years after

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  1  the right to the refund has accrued or else the right is

  2  barred. Except as provided in chapter 198 and s. 220.23, an

  3  application for a refund of a tax enumerated in s. 72.011,

  4  which tax was paid after September 30, 1994, must be filed

  5  with the Comptroller within 5 years after the date the tax is

  6  paid. The Comptroller may delegate the authority to accept an

  7  application for refund to any state agency, or the judicial

  8  branch, vested by law with the responsibility for the

  9  collection of any tax, license, or account due. The

10  application for refund must be on a form approved by the

11  Comptroller and must be supplemented with additional proof the

12  Comptroller deems necessary to establish the claim; provided,

13  the claim is not otherwise barred under the laws of this

14  state. Upon receipt of an application for refund, the judicial

15  branch or the state agency to which the funds were paid shall

16  make a determination of the amount due. If an application for

17  refund is denied, in whole or in part, the judicial branch or

18  such state agency shall notify the applicant stating the

19  reasons therefor. Upon approval of an application for refund,

20  the judicial branch or such state agency shall furnish the

21  Comptroller with a properly executed voucher authorizing

22  payment.

23         Section 7.  Subsection (2) of section 194.192, Florida

24  Statutes, is amended to read:

25         194.192  Costs; interest on unpaid taxes; penalty.--

26         (2)  If the court finds that the amount of tax owed by

27  the taxpayer is greater than the amount the taxpayer has in

28  good faith admitted and paid, it shall enter judgment against

29  the taxpayer for the deficiency and for interest on the

30  deficiency at the adjusted rate established pursuant to s.

31  213.235 of 12 percent per year from the date the tax became

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  1  delinquent.  If it finds that the amount of tax which the

  2  taxpayer has admitted to be owing is grossly disproportionate

  3  to the amount of tax found to be due and that the taxpayer's

  4  admission was not made in good faith, the court shall also

  5  assess a penalty at the rate of 10 percent of the deficiency

  6  per year from the date the tax became delinquent.

  7         Section 8.  Subsections (1) and (3) of section 197.172,

  8  Florida Statutes, are amended to read:

  9         197.172  Interest rate; calculation and minimum.--

10         (1)  Real property taxes shall bear interest at the

11  adjusted rate established pursuant to s. 213.235 of 18 percent

12  per year from the date of delinquency until a certificate is

13  sold, except that the minimum charge for delinquent taxes paid

14  prior to the sale of a tax certificate shall be 3 percent.

15         (3)  Personal property taxes shall bear interest at the

16  adjusted rate established pursuant to s. 213.235 of 18 percent

17  per year from the date of delinquency until paid or barred

18  under chapter 95.

19         Section 9.  Subsections (2) and (3) of section 197.402,

20  Florida Statutes, are amended to read:

21         197.402  Advertisement of real or personal property

22  with delinquent taxes.--

23         (2)  Within 45 days after the personal property taxes

24  become delinquent, the tax collector shall advertise a list of

25  the names of delinquent personal property taxpayers and the

26  amount of tax due by each. The advertisement shall include a

27  notice that all personal property taxes are drawing interest

28  at the adjusted rate established pursuant to s. 213.235 of 18

29  percent per year and that, unless the delinquent taxes are

30  paid, warrants will be issued thereon pursuant to s. 197.413

31  and the tax collector will apply to the circuit court for an

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  1  order directing levy upon and seizure of the personal property

  2  of the taxpayer for the unpaid taxes.

  3         (3)  Except as provided in s. 197.432(4), on or before

  4  June 1 or the 60th day after the date of delinquency,

  5  whichever is later, the tax collector shall advertise once

  6  each week for 3 weeks and shall sell tax certificates on all

  7  real property with delinquent taxes. The tax collector shall

  8  make a list of such properties in the same order in which the

  9  lands were assessed, specifying the amount due on each parcel,

10  including interest at the adjusted rate established pursuant

11  to s. 213.235 of 18 percent per year from the date of

12  delinquency to the date of sale; the cost of advertising; and

13  the expense of sale.

14         Section 10.  Paragraph (a) of subsection (10) of

15  section 193.1145, Florida Statutes, is amended to read:

16         193.1145  Interim assessment rolls.--

17         (10)(a)  Delinquent provisional taxes on real property

18  shall not be subject to the delinquent tax provisions of

19  chapter 197 until such time as the assessment roll is

20  reconciled, supplemental bills are issued, and taxes on the

21  property remain delinquent. However, delinquent provisional

22  taxes on real property shall accrue interest at an annual rate

23  of 12 percent, computed in accordance with s. 197.172.

24  Interest accrued on provisional taxes shall be added to the

25  taxes, interest, costs, and charges due with respect to final

26  taxes levied.  When interest begins to accrue on delinquent

27  provisional taxes, the property owner shall be given notice by

28  first-class mail.

29         (b)  Delinquent provisional taxes on personal property

30  shall be subject to all applicable provisions of chapter 197.

31

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  1         Section 11.  Subsection (1) of section 198.15, Florida

  2  Statutes, is amended to read:

  3         198.15  When tax due; extension; interest; penalty.--

  4         (1)  The tax imposed by this chapter is due and payable

  5  on or before the last day prescribed by law for paying the

  6  federal estate tax pursuant to the initial estate tax return

  7  and shall be paid by the personal representative to the

  8  department.  The department shall extend the time for payment

  9  of the tax or any part of the tax if the time for paying the

10  federal estate tax is extended, provided the personal

11  representative files with the department a copy of the

12  approved federal extension notice within 30 days after

13  receiving such notice.  No extension shall be for more than 1

14  year, and the aggregate of extensions with respect to any

15  estate shall not exceed 10 years from the due date.  In such

16  case, the amount in respect of which the extension is granted

17  shall be paid on or before the date of the expiration of the

18  period of the extension, unless a further extension is

19  granted.  If the time for the payment is thus extended, there

20  shall be collected, as part of such amount, interest thereon

21  at the adjusted rate established pursuant to s. 213.235 of 1

22  percent per month of the amount due from the due date of the

23  tax to the date the same is paid.

24         Section 12.  Subsection (5) of section 198.155, Florida

25  Statutes, is amended to read:

26         198.155  Payment of tax on generation-skipping

27  transfers.--

28         (5)  If the tax, or any portion thereof, is not paid

29  before it becomes delinquent, it shall bear interest from the

30  due date until paid at the adjusted rate established pursuant

31

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  1  to s. 213.235 of 1 percent per month for each month or

  2  fraction thereof that it is delinquent.

  3         Section 13.  Subsection (3) of section 198.16, Florida

  4  Statutes, is amended to read:

  5         198.16  Notice of determination of deficiency in

  6  federal tax to be filed with department.--

  7         (3)  If, based upon any deficiency and the ground

  8  therefor, it shall appear that the amount of tax previously

  9  paid is less than the amount of tax owing, the difference,

10  together with interest at the adjusted rate established

11  pursuant to s. 213.235 of 1 percent per month from the due

12  date of the tax, shall be paid upon notice and demand by the

13  department. In the event the personal representative or person

14  required to return and pay such tax shall fail to give the

15  notice required by this section, any additional tax which

16  shall be owing may be assessed, or a proceeding in court for

17  the collection of such tax may be begun without assessment at

18  any time prior to the filing of such notice or within 30 days

19  after the delinquent filing of such notice, notwithstanding

20  the provisions of s. 198.28.

21         Section 14.  Subsection (2) of section 198.18, Florida

22  Statutes, is amended to read:

23         198.18  Failure to pay tax; penalties; delinquent or

24  deficient taxes, interest.--

25         (2)  Any deficiency in tax or any tax payment not

26  received by the department on or before the due date as

27  provided in s. 198.15, in addition to any other penalties,

28  shall bear interest at the adjusted rate established pursuant

29  to s. 213.235 of 1 percent per month of the amount due from

30  the due date until paid.  The department may settle or

31  compromise such interest pursuant to s. 213.21.

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  1         Section 15.  Subsection (2) of section 199.282, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         199.282  Penalties for violation of this chapter.--

  4         (2)  If any annual or nonrecurring tax is not paid by

  5  the statutory due date, then despite any extension granted

  6  under s. 199.232(6), interest shall run on the unpaid balance

  7  from such due date until paid at the adjusted rate established

  8  pursuant to s. 213.235 of 12 percent per year.

  9         Section 16.  Paragraph (c) of subsection (2) of section

10  201.17, Florida Statutes, is amended to read:

11         201.17  Penalties for failure to pay tax required.--

12         (2)  If any document, instrument, or paper upon which

13  the tax under this chapter is imposed, upon audit or at time

14  of recordation, does not show the proper amount of tax paid,

15  or if the tax imposed by this chapter on any document,

16  instrument, or paper is not timely reported and paid as

17  required by s. 201.133, the person or persons liable for the

18  tax upon the document, instrument, or paper shall be subject

19  to:

20         (c)  Payment of interest to the Department of Revenue,

21  accruing from the date the tax is due until paid, at the

22  adjusted rate established pursuant to s. 213.235 of 1 percent

23  per month, based on the amount of tax not paid.

24         Section 17.  Section 203.06, Florida Statutes, is

25  amended to read:

26         203.06  Interest on delinquent payments.--Any payments

27  as imposed in this chapter, if not received by the Department

28  of Revenue on or before the due date as provided by law, shall

29  include, as an additional part of such amount due, interest at

30  the adjusted rate established pursuant to s. 213.235 of 1

31  percent per month, accruing from the date due until paid.

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  1         Section 18.  For the purpose of incorporating the

  2  amendment to section 203.06, Florida Statutes, in a reference

  3  thereto, section 203.62, Florida Statutes, is reenacted to

  4  read:

  5         203.62  Applicability of specified sections of part

  6  I.--The provisions of ss. 203.01, 203.012, 203.013, 203.02,

  7  203.03, 203.04, 203.06, and 203.07 shall be applicable to the

  8  levy and collection of taxes imposed pursuant to this part as

  9  if fully set out in this part.

10         Section 19.  Subsection (2) of section 206.44, Florida

11  Statutes, is amended to read:

12         206.44  Penalty and interest for failure to report on

13  time; penalty and interest on tax deficiencies.--

14         (2)  Any payment that is not received by the department

15  on or before the due date as provided in s. 206.43 shall bear

16  interest at the adjusted rate established pursuant to s.

17  213.235 of 1 percent per month, from the date due until paid.

18  Interest on any delinquent tax shall be calculated beginning

19  on the 21st day of the month for which the tax is due, except

20  as otherwise provided in this part.

21         Section 20.  For the purpose of incorporating the

22  amendment to section 206.44, Florida Statutes, in a reference

23  thereto, subsection (1) of section 206.06, Florida Statutes,

24  is reenacted to read:

25         206.06  Estimate of amount of fuel taxes due and

26  unpaid.--

27         (1)  Whenever any terminal supplier, importer,

28  exporter, or wholesaler neglects or refuses to make and file

29  any report for any calendar month, as required by the fuel tax

30  laws of this state, or files an incorrect or fraudulent

31  report, or is in default in the payment of any fuel taxes and

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  1  penalties thereon payable under the laws of this state, the

  2  department shall, from any information it may be able to

  3  obtain from its office or elsewhere, estimate the number of

  4  gallons of motor fuel with respect to which the terminal

  5  supplier, importer, exporter, or wholesaler has become liable

  6  for taxes under the fuel tax laws of this state and the amount

  7  of taxes due and payable thereon, to which sum shall be added

  8  a penalty and interest as provided in s. 206.44.

  9         Section 21.  For the purpose of incorporating the

10  amendment to section 206.44, Florida Statutes, in a reference

11  thereto, section 206.94, Florida Statutes, is reenacted to

12  read:

13         206.94  Department may estimate diesel fuels sold or

14  used.--When any person neglects or refuses to file any report

15  as required by s. 206.91 or files an incorrect or fraudulent

16  report, the department shall determine, after investigation,

17  the number of gallons of diesel fuels with respect to which

18  the person has incurred liability under this part for any

19  particular period and fix the amount of taxes due and payable

20  thereon, to which taxes due shall be added the penalties and

21  interest imposed by s. 206.44 as a penalty for the default of

22  such person.  The department may settle or compromise such

23  penalties pursuant to s. 213.21.

24         Section 22.  For the purpose of incorporating the

25  amendment to section 206.44, Florida Statutes, in a reference

26  thereto, section 206.97, Florida Statutes, is reenacted to

27  read:

28         206.97  Applicability of specified sections of part

29  I.--The provisions of ss. 206.01, 206.02, 206.026, 206.027,

30  206.028, 206.04, 206.051, 206.052, 206.054, 206.055, 206.07,

31  206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12,

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  1  206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18,

  2  206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22,

  3  206.23, 206.24, 206.25, 206.27, 206.28, 206.41, 206.415,

  4  206.416, 206.43, 206.435, 206.44, 206.48, 206.49, 206.56,

  5  206.59, 206.606, 206.608, 206.61, and 206.62 of part I of this

  6  chapter shall, as far as lawful or practicable, be applicable

  7  to the tax herein levied and imposed and to the collection

  8  thereof as if fully set out in this part. However, no

  9  provision of any such section shall apply if it conflicts with

10  any provision of this part.

11         Section 23.  For the purpose of incorporating the

12  amendment to section 206.44, Florida Statutes, in a reference

13  thereto, subsection (3) of section 206.9915, Florida Statutes,

14  is reenacted to read:

15         206.9915  Legislative intent and general provisions.--

16         (3)  The provisions of ss. 206.01, 206.02, 206.026,

17  206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06,

18  206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11,

19  206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175,

20  206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215,

21  206.22, 206.24, 206.27, 206.28, 206.416, 206.42, 206.425,

22  206.44, 206.48, 206.49, 206.56, 206.59, 206.86, 206.87,

23  206.872, 206.873, 206.8735, 206.874, 206.8741, 206.8745,

24  206.94, 206.945, and 206.9815 shall, as far as lawful or

25  practicable, be applicable to the levy and collection of taxes

26  imposed pursuant to this part as if fully set out in this part

27  and made expressly applicable to the taxes imposed herein.

28         Section 24.  For the purpose of incorporating the

29  amendment to section 206.44, Florida Statutes, in a reference

30  thereto, paragraph (a) of subsection (2) of section 336.021,

31

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  1  Florida Statutes, as amended by section 16 of chapter 97-54,

  2  Laws of Florida, is reenacted to read:

  3         336.021  County transportation system; levy of

  4  ninth-cent fuel tax on motor fuel and diesel fuel.--

  5         (2)(a)  The tax collected by the department pursuant to

  6  subsection (1) shall be transferred to the Ninth-cent Fuel Tax

  7  Trust Fund, which fund is created for distribution to the

  8  counties pursuant to paragraph (1)(d). The department shall

  9  deduct the administrative costs incurred by it in collecting,

10  administering, enforcing, and distributing back to the

11  counties the tax, which administrative costs may not exceed 2

12  percent of collections authorized by this section. The total

13  administrative cost shall be prorated among those counties

14  levying the tax according to the following formula, which

15  shall be revised on July 1 of each year: Two-thirds of the

16  amount deducted shall be based on the county's proportional

17  share of the number of dealers who are registered for purposes

18  of chapter 212 on June 30th of the preceding state fiscal

19  year, and one-third of the amount deducted shall be based on

20  the county's share of the total amount of the tax collected

21  during the preceding state fiscal year. The department has the

22  authority to prescribe and publish all forms upon which

23  reports shall be made to it and other forms and records deemed

24  to be necessary for proper administration and collection of

25  the tax levied by any county and shall adopt rules necessary

26  to enforce this section, which rules shall have the full force

27  and effect of law. The provisions of ss. 206.026, 206.027,

28  206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07,

29  206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12,

30  206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18,

31  206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22,

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  1  206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.45,

  2  206.48, 206.49, 206.56, 206.59, 206.626, 206.87, 206.872,

  3  206.873, 206.8735, 206.874, 206.8741, 206.8745, 206.94, and

  4  206.945 shall, as far as practicable, be applicable to the

  5  levy and collection of the tax imposed pursuant to this

  6  section as if fully set out in this section.

  7         Section 25.  For the purpose of incorporating the

  8  amendment to section 206.44, Florida Statutes, in a reference

  9  thereto, paragraph (a) of subsection (2) of section 336.025,

10  Florida Statutes, as amended by section 18 of chapter 97-54,

11  Laws of Florida, is reenacted to read:

12         336.025  County transportation system; levy of local

13  option fuel tax on motor fuel and diesel fuel.--

14         (2)(a)  The tax levied pursuant to paragraph (1)(a)

15  shall be collected and remitted in the same manner provided by

16  ss. 206.41(1)(e) and 206.87(1)(c). The tax levied pursuant to

17  paragraph (1)(b) shall be collected and remitted in the same

18  manner provided by s. 206.41(1)(e). The taxes remitted

19  pursuant to this section shall be transferred to the Local

20  Option Fuel Tax Trust Fund, which fund is created for

21  distribution to the county and eligible municipal governments

22  within the county in which the tax was collected and which

23  fund is subject to the service charge imposed in chapter 215.

24  The tax shall be distributed monthly by the department in the

25  same manner provided by s. 336.021(1)(c) and (d). The

26  department shall deduct the administrative costs incurred by

27  it in collecting, administering, enforcing, and distributing

28  back to the counties the tax, which administrative costs may

29  not exceed 2 percent of collections authorized by this

30  section. The total administrative costs shall be prorated

31  among those counties levying the tax according to the

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  1  following formula, which shall be revised on July 1 of each

  2  year:  Two-thirds of the amount deducted shall be based on the

  3  county's proportional share of the number of dealers who are

  4  registered for purposes of chapter 212 on June 30 of the

  5  preceding state fiscal year, and one-third of the amount

  6  deducted shall be based on the county's share of the total

  7  amount of the tax collected during the preceding state fiscal

  8  year. The department has the authority to prescribe and

  9  publish all forms upon which reports shall be made to it and

10  other forms and records deemed to be necessary for proper

11  administration and collection of the taxes levied by any

12  county and shall promulgate such rules as may be necessary for

13  the enforcement of this section, which rules shall have the

14  full force and effect of law.  The provisions of ss. 206.026,

15  206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06,

16  206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11,

17  206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175,

18  206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215,

19  206.22, 206.24, 206.27, 206.28, 206.41, 206.416, 206.44,

20  206.45, 206.48, 206.49, 206.56, 206.59, 206.626, 206.87,

21  206.872, 206.873, 206.8735, 206.874, 206.8741, 206.94, and

22  206.945 shall, as far as practicable, be applicable to the

23  levy and collection of taxes imposed pursuant to this section

24  as if fully set out in this section.

25         Section 26.  Subsection (2) of section 207.007, Florida

26  Statutes, is amended to read:

27         207.007  Offenses; penalties and interest.--

28         (2)  In addition to any other penalties, any delinquent

29  tax shall bear interest at the adjusted rate established

30  pursuant to s. 213.235 of 1 percent per month, or fraction

31  thereof, calculated from the date the tax was due. If the

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  1  department enters into a cooperative reciprocal agreement

  2  under the provisions of s. 207.0281, the department shall

  3  collect and distribute all interest due to other jurisdictions

  4  at the same rate as if such interest were due to the state.

  5         Section 27.  Subsection (1) and paragraph (a) of

  6  subsection (4) of section 211.076, Florida Statutes, are

  7  amended to read:

  8         211.076  Interest and penalties; failure to pay tax or

  9  file return; estimated tax underpayments.--

10         (1)  If any part of the tax imposed by this part is not

11  paid on or before the due date, interest shall be added to the

12  amount due at the adjusted rate established pursuant to s.

13  213.235 of 12 percent per year from the due date until the

14  date of payment.

15         (4)(a)  Except as provided in paragraph (c), the

16  taxpayer is liable for interest at the adjusted rate

17  established pursuant to s. 213.235 of 12 percent per year and

18  a penalty at the rate of 12 percent per year on any

19  underpayment of estimated tax determined under this

20  subsection.

21         Section 28.  Paragraph (f) of subsection (1) and

22  paragraph (d) of subsection (2) of section 211.33, Florida

23  Statutes, are amended to read:

24         211.33  Administration of the tax; returns; delinquency

25  penalties and interest; departmental inspections of records.--

26         (1)

27         (f)  Except as provided in subparagraph 3., the

28  taxpayer shall be liable for interest at the adjusted rate

29  established pursuant to s. 213.235 of 12 percent per year and

30  for a penalty in an amount determined at the rate of 20

31

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  1  percent per year upon the amount of any underpayment of

  2  estimated tax determined under this paragraph.

  3         1.  The amount of any underpayment of estimated tax

  4  shall be the excess of:

  5         a.  The amount of the installment which would be

  6  required to be paid if the estimated tax were equal to 80

  7  percent of the tax shown on the return for the taxable year

  8  or, if no return were filed, 80 percent of the tax for such

  9  year, over

10         b.  The amount, if any, of the installment paid on or

11  before the last date prescribed for payment.

12         2.  The period of the underpayment for which interest

13  and penalties shall apply shall commence on the date the

14  installment was required to be paid and shall terminate on the

15  date on which the amount of underpayment is paid. A payment of

16  estimated tax on any installment date shall be considered a

17  payment of any previous underpayment only to the extent such

18  payment exceeds the amount of the installment determined under

19  sub-subparagraph 1.a. for such installment date.

20         3.  No penalty or interest for underpayment of any

21  installment of estimated tax shall be imposed if the total

22  amount of all such payments made on or before the last date

23  prescribed for the payment of such installment equals or

24  exceeds the amount which would have been required to be paid

25  on or before such date if the estimated tax were the lesser

26  of:

27         a.  An amount equal to 80 percent of the tax finally

28  due for the taxable year; or

29         b.  An amount equal to the tax shown on the taxpayer's

30  return for the preceding taxable year, if a return showing a

31

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  1  liability for tax was filed by the taxpayer for the preceding

  2  year.

  3         (2)

  4         (d)  In addition to the delinquency penalty provided in

  5  paragraph (c), the department shall assess interest on the

  6  unpaid balance of any such tax which becomes delinquent,

  7  without regard to any extensions, at the adjusted rate

  8  established pursuant to s. 213.235 of 12 percent per year,

  9  from April 1 to the date of payment. Interest prescribed by

10  this paragraph shall be deemed assessed upon the assessment of

11  the tax and shall be collected and paid in the same manner.

12         Section 29.  Subsection (3) of section 212.12, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         212.12  Dealer's credit for collecting tax; penalties

15  for noncompliance; powers of Department of Revenue in dealing

16  with delinquents; brackets applicable to taxable transactions;

17  records required.--

18         (3)  When any dealer, or other person charged herein,

19  fails to remit the tax, or any portion thereof, on or before

20  the day when such tax is required by law to be paid, there

21  shall be added to the amount due interest on at the rate of 1

22  percent per month of the amount due from the date due until

23  paid at the adjusted rate established pursuant to s. 213.235.

24  Interest on the delinquent tax shall be calculated beginning

25  on the 21st day of the month following the month for which the

26  tax is due, except as otherwise provided in this chapter.

27         Section 30.  For the purpose of incorporating the

28  amendment to section 212.12, Florida Statutes, 1998

29  Supplement, in a reference thereto, paragraph (e) of

30  subsection (6) of section 193.501, Florida Statutes, is

31  reenacted to read:

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  1         193.501  Assessment of lands subject to a conservation

  2  easement, environmentally endangered lands, or lands used for

  3  outdoor recreational or park purposes when land development

  4  rights have been conveyed or conservation restrictions have

  5  been covenanted.--

  6         (6)  The following terms whenever used as referred to

  7  in this section have the following meanings unless a different

  8  meaning is clearly indicated by the context:

  9         (e)  "Deferred tax liability" means an amount equal to

10  the difference between the total amount of taxes that would

11  have been due in March in each of the previous years in which

12  the conveyance or covenant was in effect if the property had

13  been assessed under the provisions of s. 193.011 and the total

14  amount of taxes actually paid in those years when the property

15  was assessed under the provisions of this section, plus

16  interest on that difference computed as provided in s.

17  212.12(3).

18         Section 31.  (1)  For the purpose of incorporating the

19  amendment to section 212.12, Florida Statutes, 1998

20  Supplement, in a reference thereto, paragraph (b) of

21  subsection (9) of section 193.503, Florida Statutes, is

22  reenacted to read:

23         193.503  Classification and assessment of historic

24  property used for commercial or certain nonprofit purposes.--

25         (9)

26         (b)  For purposes of this subsection, "deferred tax

27  liability" means an amount equal to the difference between the

28  total amount of taxes that would have been due in March if the

29  property had been assessed under the provisions of s. 193.011

30  and the total amount of taxes actually paid in those years

31  when the property was assessed under the provisions of this

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  1  section, plus interest on that difference computed as provided

  2  in s. 212.12(3).

  3         (2)  This section shall take effect only if an

  4  amendment to the State Constitution which authorizes, or

  5  removes impediment to, enactment by the Legislature of the

  6  provisions of s. 193.503, Florida Statutes, is approved by the

  7  electors at the general election to be held in November 1998.

  8         Section 32.  For the purpose of incorporating the

  9  amendment to section 212.12, Florida Statutes, 1998

10  Supplement, in a reference thereto, subsection (8) of section

11  193.505, Florida Statutes, is reenacted to read:

12         193.505  Assessment of historically significant

13  property when development rights have been conveyed or

14  historic preservation restrictions have been covenanted.--

15         (8)  For the purposes of this section, the term

16  "deferred tax liability" means an amount equal to the

17  difference between the total amount of taxes which would have

18  been due in March in each of the previous years in which a

19  covenant executed and accepted pursuant to this section was in

20  effect if the property had been assessed under the provisions

21  of s. 193.011 irrespective of any negative impact on fair

22  market value that restrictions imposed pursuant to this

23  section may have caused and the total amount of taxes actually

24  paid in those years, plus interest on that difference computed

25  as provided in s. 212.12(3).

26         Section 33.  For the purpose of incorporating the

27  amendment to section 212.12, Florida Statutes, 1998

28  Supplement, in a reference thereto, subsection (7) of section

29  196.1997, Florida Statutes, is reenacted to read:

30         196.1997  Ad valorem tax exemptions for historic

31  properties.--

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  1         (7)  To qualify for an exemption, the property owner

  2  must enter into a covenant or agreement with the governing

  3  body for the term for which the exemption is granted.  The

  4  form of the covenant or agreement must be established by the

  5  Department of State and must require that the character of the

  6  property, and the qualifying improvements to the property, be

  7  maintained during the period that the exemption is granted.

  8  The covenant or agreement shall be binding on the current

  9  property owner, transferees, and their heirs, successors, or

10  assigns.  Violation of the covenant or agreement results in

11  the property owner being subject to the payment of the

12  differences between the total amount of taxes which would have

13  been due in March in each of the previous years in which the

14  covenant or agreement was in effect had the property not

15  received the exemption and the total amount of taxes actually

16  paid in those years, plus interest on the difference

17  calculated as provided in s. 212.12(3).

18         Section 34.  Section 220.807, Florida Statutes, is

19  amended to read:

20         220.807  Determination of Rate of interest.--

21         (1)  The annual rate of interest applicable to this

22  chapter shall be the adjusted rate established pursuant to s.

23  213.235 by the executive director of the Department of Revenue

24  under subsection (2).

25         (2)  If the adjusted prime rate charged by banks,

26  rounded to the nearest full percent, during either:

27         (a)  The 6-month period ending on September 30 of any

28  calendar year; or

29         (b)  The 6-month period ending on March 31 of any

30  calendar year,

31

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  1  differs from the interest rate in effect on either such date,

  2  the executive director of the Department of Revenue shall,

  3  within 20 days, establish an adjusted rate of interest equal

  4  to such adjusted prime rate.

  5         (3)  An adjusted rate of interest established under

  6  this section shall become effective:

  7         (a)  On January 1 of the succeeding year, if based upon

  8  the adjusted prime rate for the 6-month period ending on

  9  September 30; or

10         (b)  On July 1 of the same calendar year, if based upon

11  the adjusted prime rate for the 6-month period ending on March

12  31.

13         (4)  For the purposes of this section, "adjusted prime

14  rate charged by banks" means the average predominant prime

15  rate quoted by commercial banks to large business, as

16  determined by the Board of Governors of the Federal Reserve

17  System.

18         (5)  Once established, an adjusted rate of interest

19  shall remain in effect until an adjustment is made under

20  subsection (2).

21         Section 35.  Paragraph (c) of subsection (2) of section

22  624.5092, Florida Statutes, is amended to read:

23         624.5092  Administration of taxes; payments.--

24         (2)

25         (c)  When any taxpayer fails to pay any amount due

26  under this section, or any portion thereof, on or before the

27  day when such tax or installment of tax is required by law to

28  be paid, there shall be added to the amount due interest at

29  the adjusted rate established pursuant to s. 213.235 of 12

30  percent per year from the date due until paid.

31

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  1         Section 36.  The Department of Revenue shall examine

  2  the impact of this act and, by January 1, 2000, the executive

  3  director of the Department of Revenue shall submit to the

  4  Speaker of the House of Representatives, the President of the

  5  Senate, and the chairs of the finance and taxation committees

  6  of the Legislature a report containing recommendations for the

  7  effective and efficient implementation of this act and methods

  8  to minimize its fiscal impact.  These may include ways to

  9  increase voluntary compliance with the state's tax laws.

10         Section 37.  Except as otherwise provided therein, this

11  act shall take effect July 1, 1999.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Revises the time periods within which the Department of
16    Revenue and the Department of Business and Professional
      Regulation may determine and assess the amount of any
17    tax, penalty, or interest due under taxes which they have
      authority to administer.
18

19    Provides that the annual rate of interest on tax payment
      deficiencies shall be a floating rate based on the prime
20    rate.

21
      Provides for payment of interest on overpayments of taxes
22    administered by the Department of Revenue if refund is
      not made within a specified period.  Provides
23    requirements for refund applications.  Revises the time
      period within which a refund application must be made.
24

25    Provides that no part of the compensation of an employee
      or agent of the state performing a tax audit shall be
26    based on amounts assessed or collected as a result of the
      audit.
27

28    Directs the Department of Revenue to examine and report
      on the impact of the act.
29

30

31

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