House Bill 0693

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







    Florida House of Representatives - 1999                 HB 693

        By Representative Logan






  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; revising

  9         provisions relating to tolling of such periods;

10         amending ss. 199.282, 201.17, and 212.12, F.S.;

11         revising the delinquency penalty for failure to

12         pay intangible personal property taxes,

13         documentary stamp taxes, and sales taxes;

14         amending s. 220.211, F.S.; revising the penalty

15         for filing an incomplete corporate income tax

16         return and the application of such penalty;

17         creating s. 213.235, F.S.; providing for

18         determination of the annual rate of interest

19         applicable to tax payment deficiencies;

20         creating s. 213.255, F.S.; providing for

21         payment of interest on overpayments of taxes,

22         payment of taxes not due, or taxes paid in

23         error with respect to taxes administered by the

24         Department of Revenue if refund is not made

25         within a specified period; providing

26         requirements for refund applications; requiring

27         a bond or other security under certain

28         conditions; specifying funds from which such

29         interest shall be paid; amending s. 215.26,

30         F.S.; revising the time period within which

31         application for refund of taxes must be made;

                                  1

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         amending s. 194.192, F.S., relating to the rate

  2         of interest in judgments against taxpayers for

  3         deficient property taxes, ss. 197.172 and

  4         197.402, F.S., relating to the rate of interest

  5         on delinquent real and personal property taxes,

  6         s. 193.1145, F.S., relating to the rate of

  7         interest on delinquent provisional property

  8         taxes, ss. 198.15 and 198.18, F.S., relating to

  9         the rate of interest on delinquent estate taxes

10         and taxes for which an extension is granted, s.

11         198.155, F.S., relating to the rate of interest

12         on delinquent tax on generation-skipping

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

14         rate of interest on deficiencies in such taxes,

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

16         interest on delinquent intangible personal

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

18         the rate of interest on delinquent excise taxes

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

20         the rate of interest on delinquent gross

21         receipts taxes, to conform; reenacting s.

22         203.62, F.S., relating to the gross receipts

23         tax on interstate and international

24         telecommunications services, to incorporate the

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

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

27         the rate of interest on delinquent motor fuel

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

29         206.94, 206.97, 206.9915(3), 336.021(2)(a), and

30         336.025(2)(a), F.S., relating to estimated fuel

31         taxes, tax on diesel fuel, tax on fuel and

                                  2

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         other pollutants, the ninth-cent fuel tax on

  2         motor and diesel fuel, and the local option tax

  3         on motor and diesel fuel for county

  4         transportation systems, to incorporate the

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

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

  7         the rate of interest on delinquent tax on the

  8         operation of commercial motor vehicles, ss.

  9         211.076 and 211.33, F.S., relating to the rate

10         of interest on delinquent taxes and

11         underpayment of estimated taxes on oil and gas

12         production and severance of minerals, and s.

13         212.12, F.S., relating to the rate of interest

14         on delinquent taxes on sales, use, and other

15         transactions, to conform; reenacting ss.

16         193.501(6)(e), 193.503(9)(b), and 193.505(8),

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

18         tax liability due upon a change in assessment

19         status of certain conservation or recreation

20         land or historic properties, and s.

21         196.1997(7), F.S., relating to the interest on

22         taxes which become due when property is no

23         longer eligible for a historic property tax

24         exemption, to incorporate the amendment to s.

25         212.12, F.S., in references thereto; amending

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

27         applicable to the corporate income tax code,

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

29         interest on delinquent insurance premium taxes,

30         to conform; providing an effective date.

31

                                  3

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

  2

  3         Section 1.  Subsections (3) and (4) of section 95.091,

  4  Florida Statutes, are amended to read:

  5         95.091  Limitation on actions to collect taxes.--

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

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

  8  the Department of Revenue may determine and assess the amount

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

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

11  Department of Business and Professional Regulation may

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

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

14  has authority to administer:

15         a.  For taxes due before July 1, 1999, within 5 years

16  after the date the tax is due, any return with respect to the

17  tax is due, or such return is filed, whichever occurs later;

18  and for taxes due on or after July 1, 1999, within 3 years

19  after the date the tax is due, any return with respect to the

20  tax is due, or such return is filed, whichever occurs later;

21         b.  For taxes due before July 1, 1999, within 6 years

22  after the date the taxpayer either makes a substantial

23  underpayment of tax, or files a substantially incorrect

24  return;

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

26  of the tax is available to the taxpayer;

27         d.  For taxes due before July 1, 1999, at any time

28  after the taxpayer has filed a grossly false return;

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

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

31  return, or has filed a grossly false or fraudulent return,

                                  4

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  except that for taxes due on or after July 1, 1999, the

  2  limitation prescribed in sub-subparagraph a. applies if the

  3  taxpayer has disclosed in writing the tax liability to the

  4  department before the department has contacted the taxpayer;

  5  or

  6         f.e.  In any case in which there has been a refund of

  7  tax erroneously made for any reason:

  8         (I)  For refunds made before July 1, 1999, within 5

  9  years after making such refund; and

10         (II)  For refunds made on or after July 1, 1999, within

11  3 years after making such refund,

12

13  or at any time after making such refund if it appears that any

14  part of the refund was induced by fraud or the

15  misrepresentation of a material fact.

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

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

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

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

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

21         (b)1.  The limitations in this subsection shall be

22  tolled for a period of 2 years with respect to audits in which

23  the notice of intent to conduct the audit was issued before

24  July 1, 1999, if the Department of Revenue has issued a notice

25  of intent to conduct an audit or investigation of the

26  taxpayer's account within the applicable period of time as

27  specified in this subsection.  The department shall commence

28  an audit within 120 days after it issues a notice of intent to

29  conduct an audit, unless the taxpayer requests a delay.  If

30  the taxpayer does not request a delay and the department does

31

                                  5

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  not begin the audit within 120 days after issuing the notice,

  2  the tolling period shall terminate.

  3         2.  For audits in which the notice of intent to conduct

  4  the audit was issued on or after July 1, 1999, the limitation

  5  period shall be tolled for 1 year after issuing the notice. If

  6  the taxpayer does not enter into an agreement to extend the

  7  period pursuant to s. 213.23, the tolling period shall

  8  terminate after 1 year.

  9         (4)  If administrative or judicial proceedings for

10  review of the tax assessment or collection are initiated by a

11  taxpayer begun within the a period of limitation prescribed in

12  this section, the running of the period shall be tolled during

13  the pendency of the proceeding. Administrative proceedings

14  shall include taxpayer protest proceedings initiated under s.

15  213.21 and department rules.

16         Section 2.  Subsections (2) and (3) of section 199.282,

17  Florida Statutes, 1998 Supplement, are amended to read:

18         199.282  Penalties for violation of this chapter.--

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

20  the statutory due date, then despite any extension granted

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

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

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

24         (3)(a)  If any annual or nonrecurring tax is not paid

25  by the due date, a delinquency penalty shall be charged.  The

26  delinquency penalty shall be 5 10 percent of the delinquent

27  tax for each calendar month or portion thereof from the due

28  date until paid, up to a limit of 25 50 percent of the total

29  tax not timely paid.

30         (b)  If any annual tax return required by this chapter

31  is not filed by the due date, a penalty of 10 percent of the

                                  6

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  tax due with the return shall be charged for each calendar

  2  month or portion thereof during which the return remains

  3  unfiled, up to a limit of 50 percent of the total tax due.

  4

  5  For any penalty assessed under this subsection, the combined

  6  total for all penalties assessed under paragraphs (a) and (b)

  7  shall not exceed 10 percent per calendar month, up to a limit

  8  of 50 percent of the total tax due.

  9         Section 3.  Subsection (2) of section 201.17, Florida

10  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         (a)  Payment of the tax not paid.

21         (b)  A specific penalty added to the tax in the amount

22  of 5 10 percent per month or part of a month of any unpaid tax

23  if the failure is for not more than 30 days, with an

24  additional 10 percent of any unpaid tax for each additional 30

25  days, or fraction thereof, during the time which the failure

26  continues, not to exceed a total penalty of 25 50 percent, in

27  the aggregate, of any unpaid tax.  In no event shall the

28  penalty be less than $10 for failure to timely file a tax

29  return required.  If it is determined by clear and convincing

30  evidence that any part of a deficiency is due to fraud, there

31  shall be added to the tax as a civil penalty, in lieu of the

                                  7

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  aforementioned penalty under this paragraph, an amount equal

  2  to 200 percent of the deficiency.  These penalties are to be

  3  in addition to, and not in lieu of, any other penalties

  4  imposed by law.

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

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

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

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

  9         Section 4.  Paragraph (a) of subsection (2) and

10  subsection (3) of section 212.12, Florida Statutes, 1998

11  Supplement, are amended to read:

12         212.12  Dealer's credit for collecting tax; penalties

13  for noncompliance; powers of Department of Revenue in dealing

14  with delinquents; brackets applicable to taxable transactions;

15  records required.--

16         (2)(a)  When any person, firm, or corporation required

17  hereunder to make any return or to pay any tax or fee imposed

18  by this chapter fails to timely file such return or fails to

19  pay the tax or fee due within the time required hereunder, in

20  addition to all other penalties provided herein and by the

21  laws of this state in respect to such taxes or fees, a

22  specific penalty shall be added to the tax or fee in the

23  amount of 5 10 percent per month or part of a month of any

24  unpaid tax or fee if the failure is for not more than 30 days,

25  with an additional 10 percent of any unpaid tax or fee for

26  each additional 30 days, or fraction thereof, during the time

27  which the failure continues, not to exceed a total penalty of

28  25 50 percent, in the aggregate, of any unpaid tax or fee. In

29  no event may the penalty be less than $10 for failure to

30  timely file a tax return required by s. 212.11(1)(b) or $5 for

31  failure to timely file a tax return authorized by s.

                                  8

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  212.11(1)(c) or (d). In the case of a false or fraudulent

  2  return or a willful intent to evade payment of any tax or fee

  3  imposed under this chapter, in addition to the other penalties

  4  provided by law, the person making such false or fraudulent

  5  return or willfully attempting to evade the payment of such a

  6  tax or fee shall be liable for a specific penalty of 100

  7  percent of the tax bill or fee and for fine and punishment as

  8  provided by law for a conviction of a misdemeanor of the first

  9  degree.

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

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

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

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

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

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

16  Interest on the delinquent tax shall be calculated beginning

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

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

19         Section 5.  For the purpose of incorporating the

20  amendment to section 212.12, Florida Statutes, 1998

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

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

23  reenacted to read:

24         193.501  Assessment of lands subject to a conservation

25  easement, environmentally endangered lands, or lands used for

26  outdoor recreational or park purposes when land development

27  rights have been conveyed or conservation restrictions have

28  been covenanted.--

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

30  in this section have the following meanings unless a different

31  meaning is clearly indicated by the context:

                                  9

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

  2  the difference between the total amount of taxes that would

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

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

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

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

  7  was assessed under the provisions of this section, plus

  8  interest on that difference computed as provided in s.

  9  212.12(3).

10         Section 6.  For the purpose of incorporating the

11  amendment to section 212.12, Florida Statutes, 1998

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

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

14  reenacted to read:

15         193.503  Classification and assessment of historic

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

17         (9)

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

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

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

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

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

23  when the property was assessed under the provisions of this

24  section, plus interest on that difference computed as provided

25  in s. 212.12(3).

26         Section 7.  For the purpose of incorporating the

27  amendment to section 212.12, Florida Statutes, 1998

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

29  193.505, Florida Statutes, is reenacted to read:

30

31

                                  10

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         193.505  Assessment of historically significant

  2  property when development rights have been conveyed or

  3  historic preservation restrictions have been covenanted.--

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

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

  6  difference between the total amount of taxes which would have

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

  8  covenant executed and accepted pursuant to this section was in

  9  effect if the property had been assessed under the provisions

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

11  market value that restrictions imposed pursuant to this

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

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

14  as provided in s. 212.12(3).

15         Section 8.  For the purpose of incorporating the

16  amendment to section 212.12, Florida Statutes, 1998

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

18  196.1997, Florida Statutes, is reenacted to read:

19         196.1997  Ad valorem tax exemptions for historic

20  properties.--

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

22  must enter into a covenant or agreement with the governing

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

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

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

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

27  maintained during the period that the exemption is granted.

28  The covenant or agreement shall be binding on the current

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

30  assigns.  Violation of the covenant or agreement results in

31  the property owner being subject to the payment of the

                                  11

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  differences between the total amount of taxes which would have

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

  3  covenant or agreement was in effect had the property not

  4  received the exemption and the total amount of taxes actually

  5  paid in those years, plus interest on the difference

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

  7         Section 9.  Section 220.211, Florida Statutes, is

  8  amended to read:

  9         220.211  Penalties; incomplete return.--

10         (1)  If In the case where an incomplete return is made,

11  unless notwithstanding that no tax is finally determined to be

12  due for the taxable year, there shall be added to the amount

13  of tax, penalty, and interest otherwise due a penalty in the

14  amount of 5 percent per month, not exceeding an aggregate of

15  $300 or 10 percent, of the tax finally determined to be due,

16  whichever is greater; however, such a penalty shall not exceed

17  $10,000, and the taxpayer is exempt from this penalty if a

18  penalty is imposed on him or her under s. 220.801 with respect

19  to the same return.  The department may settle or compromise

20  such penalties pursuant to s. 213.21.

21         (2)  An "incomplete return" is, for the purposes of

22  this code, a return that lacks which is lacking such

23  uniformity, completeness, and arrangement to the extent that

24  physical handling, verification, or review of the return may

25  not be readily accomplished.

26         Section 10.  Section 213.235, Florida Statutes, is

27  created to read:

28         213.235  Determination of interest on deficiencies.--

29         (1)  Notwithstanding any other provision of law, the

30  annual rate of interest applicable to tax payment deficiencies

31  that arise on or after July 1, 1999, shall be the adjusted

                                  12

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  rate established by the executive director of the department

  2  under subsection (2), unless a lower rate for the particular

  3  tax is specifically provided for in law, in which case the

  4  lower rate applies. This annual rate of interest applies to

  5  all taxes enumerated in s. 213.05.

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

  7  rounded to the nearest full percent, during either:

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

  9  calendar year; or

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

11  calendar year,

12

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

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

15  establish an adjusted rate of interest equal to such adjusted

16  prime rate.

17         (3)  An adjusted rate of interest established under

18  this section becomes effective:

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

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

21  September 30; or

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

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

24  31.

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

26  rate charged by banks" means the average predominant prime

27  rate quoted by commercial banks to large businesses, as

28  determined by the Board of Governors of the Federal Reserve

29  System.

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

31  remains in effect until further adjusted under subsection (2).

                                  13

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         Section 11.  Section 213.255, Florida Statutes, is

  2  created to read:

  3         213.255  Interest.--Interest shall be paid on

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

  5  in error, subject to the following conditions:

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

  7  department within the time specified by s. 215.26.

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

  9  it is complete. A refund application is complete if it is

10  filed on a permitted form and:

11         (a)  Contains the taxpayer's name, address, identifying

12  numbers, and signature.

13         (b)  Provides sufficient information, whether on the

14  application or attachments, to permit mathematical

15  verification of the amount of the refund.

16         (c)  Specifies the amount claimed, the specific grounds

17  upon which the refund is claimed, and the taxable years or

18  periods involved.

19         (d)  Includes a completed audit, if an audit is

20  required by the department.

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

22  department shall notify the taxpayer of the inadequacy and

23  instruct the applicant regarding what is needed to complete

24  the application.

25         (4)  Interest shall not begin to accrue until 90 days

26  after a complete refund application has been filed and the

27  amount of overpayment has not been refunded to the taxpayer or

28  applied as a credit to the taxpayer's account. If the

29  department and the taxpayer mutually agree that an audit of

30  the claim is necessary, interest shall not begin to accrue

31  until the audit of the claim is final or until 90 days after

                                  14

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  the date the complete refund application has been filed,

  2  whichever is later.

  3         (5)  If a tax is adjudicated unconstitutional and

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

  5  on complete applications until 90 days after the adjudication

  6  becomes final and unappealable or 90 days after a complete

  7  application has been filed, whichever is later.

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

  9  the department which shall be no earlier than 7 days prior to

10  the date of the issuance of the refund warrant by the

11  Comptroller.

12         (7)  Interest shall not be paid if the department has

13  reasonable cause to believe that it could not recover the

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

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

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

17  other security arrangements satisfactory to the department.

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

19  authorized to do business in this state and shall be

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

21  paid in error for any reason. The department shall give

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

23  is required, in which case interest shall not commence until

24  the person filing the claim satisfies this requirement.

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

26  established under s. 213.235. This annual rate of interest

27  shall be applied to all refunds of taxes administered by the

28  department.

29         (9)  Interest that is paid pursuant to this section

30  shall be proportionately paid from the funds or sources into

31

                                  15

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  which the tax that is refunded was or should have been

  2  disbursed or distributed after the tax was collected.

  3         (10)  This section applies to eligible refunds based on

  4  tax payments made on or after July 1, 1999.

  5         Section 12.  Subsection (2) of section 215.26, Florida

  6  Statutes, is amended to read:

  7         215.26  Repayment of funds paid into State Treasury

  8  through error.--

  9         (2)  Application for refunds as provided by this

10  section must be filed with the Comptroller, except as

11  otherwise provided in this subsection, within 3 years after

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

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

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

15  which tax was paid after September 30, 1994, and before July

16  1, 1999, must be filed with the Comptroller within 5 years

17  after the date the tax is paid, and within 3 years after the

18  date the tax is paid for tax paid on or after July 1, 1999.

19  The Comptroller may delegate the authority to accept an

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

21  branch, vested by law with the responsibility for the

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

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

24  Comptroller and must be supplemented with additional proof the

25  Comptroller deems necessary to establish the claim; provided,

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

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

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

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

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

31  such state agency shall notify the applicant stating the

                                  16

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

  2  the judicial branch or such state agency shall furnish the

  3  Comptroller with a properly executed voucher authorizing

  4  payment.

  5         Section 13.  Subsection (2) of section 194.192, Florida

  6  Statutes, is amended to read:

  7         194.192  Costs; interest on unpaid taxes; penalty.--

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

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

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

11  the taxpayer for the deficiency and for interest on the

12  deficiency at the adjusted rate established pursuant to s.

13  213.235 of 12 percent per year from the date the tax became

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

15  taxpayer has admitted to be owing is grossly disproportionate

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

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

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

19  per year from the date the tax became delinquent.

20         Section 14.  Subsections (1) and (3) of section

21  197.172, Florida Statutes, are amended to read:

22         197.172  Interest rate; calculation and minimum.--

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

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

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

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

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

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

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

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

31  under chapter 95.

                                  17

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         Section 15.  Subsections (2) and (3) of section

  2  197.402, Florida Statutes, are amended to read:

  3         197.402  Advertisement of real or personal property

  4  with delinquent taxes.--

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

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

  7  the names of delinquent personal property taxpayers and the

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

  9  notice that all personal property taxes are drawing interest

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

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

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

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

14  order directing levy upon and seizure of the personal property

15  of the taxpayer for the unpaid taxes.

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

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

18  whichever is later, the tax collector shall advertise once

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

20  real property with delinquent taxes. The tax collector shall

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

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

23  including interest at the adjusted rate established pursuant

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

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

26  the expense of sale.

27         Section 16.  Paragraph (a) of subsection (10) of

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

29         193.1145  Interim assessment rolls.--

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

31  shall not be subject to the delinquent tax provisions of

                                  18

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  chapter 197 until such time as the assessment roll is

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

  3  property remain delinquent. However, delinquent provisional

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

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

  6  Interest accrued on provisional taxes shall be added to the

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

  8  taxes levied.  When interest begins to accrue on delinquent

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

10  first-class mail.

11         (b)  Delinquent provisional taxes on personal property

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

13         Section 17.  Subsection (1) of section 198.15, Florida

14  Statutes, is amended to read:

15         198.15  When tax due; extension; interest; penalty.--

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

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

18  federal estate tax pursuant to the initial estate tax return

19  and shall be paid by the personal representative to the

20  department.  The department shall extend the time for payment

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

22  federal estate tax is extended, provided the personal

23  representative files with the department a copy of the

24  approved federal extension notice within 30 days after

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

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

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

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

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

30  period of the extension, unless a further extension is

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

                                  19

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

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

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

  4  tax to the date the same is paid.

  5         Section 18.  Subsection (5) of section 198.155, Florida

  6  Statutes, is amended to read:

  7         198.155  Payment of tax on generation-skipping

  8  transfers.--

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

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

11  due date until paid at the adjusted rate established pursuant

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

13  fraction thereof that it is delinquent.

14         Section 19.  Subsection (3) of section 198.16, Florida

15  Statutes, is amended to read:

16         198.16  Notice of determination of deficiency in

17  federal tax to be filed with department.--

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

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

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

21  together with interest at the adjusted rate established

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

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

24  department. In the event the personal representative or person

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

26  notice required by this section, any additional tax which

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

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

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

30  after the delinquent filing of such notice, notwithstanding

31  the provisions of s. 198.28.

                                  20

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         Section 20.  Subsection (2) of section 198.18, Florida

  2  Statutes, is amended to read:

  3         198.18  Failure to pay tax; penalties; delinquent or

  4  deficient taxes, interest.--

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

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

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

  8  shall bear interest at the adjusted rate established pursuant

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

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

11  compromise such interest pursuant to s. 213.21.

12         Section 21.  Section 203.06, Florida Statutes, is

13  amended to read:

14         203.06  Interest on delinquent payments.--Any payments

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

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

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

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

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

20         Section 22.  For the purpose of incorporating the

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

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

23  read:

24         203.62  Applicability of specified sections of part

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

26  203.03, 203.04, 203.06, and 203.07 shall be applicable to the

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

28  if fully set out in this part.

29         Section 23.  Subsection (2) of section 206.44, Florida

30  Statutes, is amended to read:

31

                                  21

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         206.44  Penalty and interest for failure to report on

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

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

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

  5  interest at the adjusted rate established pursuant to s.

  6  213.235 of 1 percent per month, from the date due until paid.

  7  Interest on any delinquent tax shall be calculated beginning

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

  9  as otherwise provided in this part.

10         Section 24.  For the purpose of incorporating the

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

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

13  is reenacted to read:

14         206.06  Estimate of amount of fuel taxes due and

15  unpaid.--

16         (1)  Whenever any terminal supplier, importer,

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

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

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

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

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

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

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

24  gallons of motor fuel with respect to which the terminal

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

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

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

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

29         Section 25.  For the purpose of incorporating the

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

31

                                  22

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

  2  read:

  3         206.94  Department may estimate diesel fuels sold or

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

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

  6  report, the department shall determine, after investigation,

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

  8  the person has incurred liability under this part for any

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

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

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

12  such person.  The department may settle or compromise such

13  penalties pursuant to s. 213.21.

14         Section 26.  For the purpose of incorporating the

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

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

17  read:

18         206.97  Applicability of specified sections of part

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

20  206.028, 206.04, 206.051, 206.052, 206.054, 206.055, 206.07,

21  206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12,

22  206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18,

23  206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22,

24  206.23, 206.24, 206.25, 206.27, 206.28, 206.41, 206.415,

25  206.416, 206.43, 206.435, 206.44, 206.48, 206.49, 206.56,

26  206.59, 206.606, 206.608, 206.61, and 206.62 of part I of this

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

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

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

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

31  any provision of this part.

                                  23

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         Section 27.  For the purpose of incorporating the

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

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

  4  is reenacted to read:

  5         206.9915  Legislative intent and general provisions.--

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

  7  206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06,

  8  206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11,

  9  206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175,

10  206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215,

11  206.22, 206.24, 206.27, 206.28, 206.416, 206.42, 206.425,

12  206.44, 206.48, 206.49, 206.56, 206.59, 206.86, 206.87,

13  206.872, 206.873, 206.8735, 206.874, 206.8741, 206.8745,

14  206.94, 206.945, and 206.9815 shall, as far as lawful or

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

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

17  and made expressly applicable to the taxes imposed herein.

18         Section 28.  For the purpose of incorporating the

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

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

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

22  Laws of Florida, is reenacted to read:

23         336.021  County transportation system; levy of

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

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

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

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

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

29  deduct the administrative costs incurred by it in collecting,

30  administering, enforcing, and distributing back to the

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

                                  24

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1  percent of collections authorized by this section. The total

  2  administrative cost shall be prorated among those counties

  3  levying the tax according to the following formula, which

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

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

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

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

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

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

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

11  authority to prescribe and publish all forms upon which

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

13  to be necessary for proper administration and collection of

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

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

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

17  206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07,

18  206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12,

19  206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18,

20  206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22,

21  206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.45,

22  206.48, 206.49, 206.56, 206.59, 206.626, 206.87, 206.872,

23  206.873, 206.8735, 206.874, 206.8741, 206.8745, 206.94, and

24  206.945 shall, as far as practicable, be applicable to the

25  levy and collection of the tax imposed pursuant to this

26  section as if fully set out in this section.

27         Section 29.  For the purpose of incorporating the

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

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

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

31  Laws of Florida, is reenacted to read:

                                  25

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         336.025  County transportation system; levy of local

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

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

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

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

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

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

  8  pursuant to this section shall be transferred to the Local

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

10  distribution to the county and eligible municipal governments

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

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

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

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

15  department shall deduct the administrative costs incurred by

16  it in collecting, administering, enforcing, and distributing

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

18  not exceed 2 percent of collections authorized by this

19  section. The total administrative costs shall be prorated

20  among those counties levying the tax according to the

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

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

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

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

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

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

27  amount of the tax collected during the preceding state fiscal

28  year. The department has the authority to prescribe and

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

30  other forms and records deemed to be necessary for proper

31  administration and collection of the taxes levied by any

                                  26

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

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

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

  4  206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06,

  5  206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11,

  6  206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175,

  7  206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215,

  8  206.22, 206.24, 206.27, 206.28, 206.41, 206.416, 206.44,

  9  206.45, 206.48, 206.49, 206.56, 206.59, 206.626, 206.87,

10  206.872, 206.873, 206.8735, 206.874, 206.8741, 206.94, and

11  206.945 shall, as far as practicable, be applicable to the

12  levy and collection of taxes imposed pursuant to this section

13  as if fully set out in this section.

14         Section 30.  Subsection (2) of section 207.007, Florida

15  Statutes, is amended to read:

16         207.007  Offenses; penalties and interest.--

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

18  tax shall bear interest at the adjusted rate established

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

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

21  department enters into a cooperative reciprocal agreement

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

23  collect and distribute all interest due to other jurisdictions

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

25         Section 31.  Subsection (1) and paragraph (a) of

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

27  amended to read:

28         211.076  Interest and penalties; failure to pay tax or

29  file return; estimated tax underpayments.--

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

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

                                  27

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

  2  213.235 of 12 percent per year from the due date until the

  3  date of payment.

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

  5  taxpayer is liable for interest at the adjusted rate

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

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

  8  underpayment of estimated tax determined under this

  9  subsection.

10         Section 32.  Paragraph (f) of subsection (1) and

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

12  Statutes, are amended to read:

13         211.33  Administration of the tax; returns; delinquency

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

15         (1)

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

17  taxpayer shall be liable for interest at the adjusted rate

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

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

20  percent per year upon the amount of any underpayment of

21  estimated tax determined under this paragraph.

22         1.  The amount of any underpayment of estimated tax

23  shall be the excess of:

24         a.  The amount of the installment which would be

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

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

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

28  year, over

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

30  before the last date prescribed for payment.

31

                                  28

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         2.  The period of the underpayment for which interest

  2  and penalties shall apply shall commence on the date the

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

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

  5  estimated tax on any installment date shall be considered a

  6  payment of any previous underpayment only to the extent such

  7  payment exceeds the amount of the installment determined under

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

  9         3.  No penalty or interest for underpayment of any

10  installment of estimated tax shall be imposed if the total

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

12  prescribed for the payment of such installment equals or

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

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

15  of:

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

17  due for the taxable year; or

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

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

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

21  year.

22         (2)

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

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

25  unpaid balance of any such tax which becomes delinquent,

26  without regard to any extensions, at the adjusted rate

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

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

29  this paragraph shall be deemed assessed upon the assessment of

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

31

                                  29

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






  1         Section 33.  Section 220.807, Florida Statutes, is

  2  amended to read:

  3         220.807  Determination of Rate of interest.--

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

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

  6  213.235 by the executive director of the Department of Revenue

  7  under subsection (2).

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

  9  rounded to the nearest full percent, during either:

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

11  calendar year; or

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

13  calendar year,

14

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

16  the executive director of the Department of Revenue shall,

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

18  to such adjusted prime rate.

19         (3)  An adjusted rate of interest established under

20  this section shall become effective:

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

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

23  September 30; or

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

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

26  31.

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

28  rate charged by banks" means the average predominant prime

29  rate quoted by commercial banks to large business, as

30  determined by the Board of Governors of the Federal Reserve

31  System.

                                  30

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






    Florida House of Representatives - 1999                 HB 693

    238-250A-99






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

  2  shall remain in effect until an adjustment is made under

  3  subsection (2).

  4         Section 34.  Paragraph (c) of subsection (2) of section

  5  624.5092, Florida Statutes, is amended to read:

  6         624.5092  Administration of taxes; payments.--

  7         (2)

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

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

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

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

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

13  percent per year from the date due until paid.

14         Section 35.  This act shall take effect July 1, 1999.

15

16            *****************************************

17                          HOUSE SUMMARY

18
      Revises the time periods within which the Department of
19    Revenue and the Department of Business and Professional
      Regulation may determine and assess the amount of any
20    tax, penalty, or interest due under taxes which they have
      authority to administer.
21

22    Revises the delinquency penalty for failure to pay
      intangible personal property taxes, documentary stamp
23    taxes, and sales taxes, and the penalty for filing an
      incomplete corporate income tax return.
24

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

27
      Provides for payment of interest on overpayments of taxes
28    administered by the Department of Revenue if refund is
      not made within a specified period.  Provides
29    requirements for refund applications.  Revises the time
      period within which a refund application must be made.
30

31

                                  31