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





                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Albright offered the following:

12

13         Amendment (with title amendment) 

14  remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  (1)  Section 166.235, Florida Statutes, is

18  created to read:

19         166.235  Procedure on purchaser's request for refund or

20  credit--

21         (1)  A purchaser seeking a refund of or credit for

22  public service tax shall submit a written request therefor to

23  the seller within the time prescribed in s. 166.234(6) and in

24  accordance with this section. No such request shall be granted

25  unless the amount claimed was collected from the purchaser and

26  was not due to any municipality.

27         (a)  The request shall be signed by the purchaser and

28  shall be deemed completed for purposes of this section and the

29  limitation period if it states the purchaser's name, mailing

30  address, account number, the tax amounts claimed, the specific

31  months during which those amounts were collected, and the

                                  1

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  reason for the purchaser's claim that such amounts were not

 2  due to any municipality.  Upon receipt of a completed request,

 3  the seller shall ascertain whether it collected the tax

 4  claimed from the purchaser and whether the request is timely.

 5         (b)  Within 30 days following receipt of a completed

 6  request, the seller shall determine whether lists available

 7  pursuant to s. 166.233(3) support the purchaser's claim and

 8  whether all or any portion of the tax timely claimed was not

 9  due to any municipality and was collected solely as a result

10  of the seller's error.  The seller shall refund or credit the

11  purchaser's account for any such amount within 45 days

12  following its determination thereof.

13         (c)  With respect to all amounts timely claimed which

14  the seller collected from the purchaser and which the seller

15  has not determined to be subject to refund or credit pursuant

16  to paragraph (b), the seller shall, within 30 days following

17  receipt of the completed request, provide a copy thereof to

18  each municipality to which the taxes claimed were remitted and

19  to each municipality which has asserted in writing the right

20  to impose the tax in a geographic area that includes the

21  purchaser's billing address or service address, as the case

22  may be.  Within 30 days following receipt of such information,

23  each such municipality shall notify the seller in writing if

24  it approves the issuance of a refund or credit for all or a

25  specified portion of the purchaser's claim.  A municipality

26  shall approve the refund or credit except to the extent the

27  tax was due to such municipality.  Within 45 days following

28  receipt of notifications establishing that all of the

29  municipalities receiving the request have approved a refund or

30  credit, the seller shall issue a refund or credit the

31  purchaser's account for the amount approved by all such

                                  2

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  municipalities.  The seller's obligation to issue a refund or

 2  credit the purchaser's account shall be limited to amounts

 3  approved in accordance with this section.  The seller shall be

 4  entitled to a corresponding refund or credit from any

 5  municipality to which the tax was remitted.

 6         (d)  The seller shall issue a written response advising

 7  the purchaser of the disposition of his or her request.  The

 8  response shall specify any portion of the tax claimed that is

 9  being refunded or credited to the purchaser's account, and the

10  reason for denial of any portion of the request.  Reasons for

11  denial include untimely submission of the request, that the

12  seller did not collect the tax claimed, the absence of

13  municipal approval to issue a refund or credit, that the

14  purchaser previously received a refund of or credit for the

15  same tax, and failure to provide information required to

16  complete the request.  A copy of each notification received

17  from a municipality pursuant to paragraph (c) shall accompany

18  the response.  If the seller submitted the request to a

19  municipality but received no such notification, the response

20  shall so state.  With respect to any portion of the request

21  that is granted, the response shall be issued at the time of

22  the refund or credit to the purchaser's account.  With respect

23  to any portion of the request which is denied, the response

24  shall be issued within 90 days following receipt of a

25  purchaser's completed request.

26         (e)  The seller may deduct from any refund or credit

27  under this section any amount owed by the purchaser to the

28  seller which is delinquent.

29         (2)  This section provides the sole and exclusive

30  procedure and remedy for a purchaser who claims that a seller

31  has collected municipal public service taxes that were not

                                  3

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  due.  No action arising as a result of the claimed collection

 2  of municipal public service taxes that were not due may be

 3  commenced or maintained by or on behalf of a purchaser against

 4  a seller or municipality unless the purchaser pleads and

 5  proves that he or she has exhausted the procedures in

 6  subsection (1) and that the defendant has failed to comply

 7  with said subsection; however, no determination of a seller

 8  under paragraph (1)(b) shall be deemed a failure to comply

 9  with subsection (1) if the seller has complied with paragraphs

10  (1)(c) and (d).  In any such action it shall be a complete

11  defense that the seller or municipality has refunded the taxes

12  claimed or credited the purchaser's account therewith;

13  further, in such an action against a seller it shall be a

14  complete defense that the seller collected the tax in reliance

15  upon written information provided by a municipality pursuant

16  to s. 166.233(3) or supplementing such information.  Such

17  action shall be commenced no later than 180 days following the

18  purchaser's submission of a completed request, or shall be

19  barred.  The relief available to a purchaser as a result of

20  collection of municipal public service taxes that were not due

21  shall be limited to a refund of or credit for such taxes.

22         (2)  This section is remedial in nature, and shall

23  apply to all claims asserted by purchasers prior or subsequent

24  to the effective date of this section based upon the alleged

25  collection of municipal public service taxes that were not

26  due, except for claims that have been finally resolved by

27  judgment, settlement, or the issuance of refunds or credits

28  prior to the effective date of this section. With respect to

29  any claim which was properly asserted prior to the effective

30  date of this section and which is the subject of pending

31  litigation in a trial or appellate court on or after the

                                  4

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  effective date of this section, the court shall upon motion

 2  direct the parties to comply with the procedures prescribed in

 3  s. 166.235, Florida Statutes, and allow such amendments of the

 4  pleadings and enter such other orders as are appropriate to

 5  dispose of the cause in a manner consistent with said section.

 6         Section 2.  (1)  Subsection (1) of section 196.1975,

 7  Florida Statutes, is amended to read:

 8         196.1975  Exemption for property used by nonprofit

 9  homes for the aged.--Nonprofit homes for the aged are exempt

10  to the extent that they meet the following criteria:

11         (1)  The applicant must be a corporation not for profit

12  or a Florida limited partnership, the sole general partner of

13  which is a corporation not for profit, and the corporation not

14  for profit must have that has been exempt as of January 1 of

15  the year for which exemption from ad valorem property taxes is

16  requested from federal income taxation by having qualified as

17  an exempt charitable organization under the provisions of s.

18  501(c)(3) of the Internal Revenue Code of 1954 or of the

19  corresponding section of a subsequently enacted federal

20  revenue act. A corporation will not be disqualified under this

21  subsection if, for purposes of allocating tax credits, under

22  s. 42(h)(5) of the Internal Revenue Code of 1986, by the

23  Florida Housing Finance Agency as defined by s. 420.0004(4),

24  the property is leased to a Florida limited partnership, the

25  sole general partner of which is the nonprofit corporation,

26  and the home for the aged was in existence or under

27  construction on or before April 1, 1995.

28         (2)  Notwithstanding anything contained in this section

29  to the contrary, any nonprofit home for the aged that was

30  subject to ad valorem taxation for the year ending December

31  31, 1998, because of a failure to qualify for exemption under

                                  5

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the provisions of s. 196.1975(1), Florida Statutes, shall not

 2  become exempt from ad valorem taxation by virtue of the

 3  amendment to s. 196.1975(1), Florida Statutes, by this

 4  section.

 5         Section 3.  (1)  Section 198.12, Florida Statutes, is

 6  repealed.

 7         (2)  This section shall take effect January 1, 2000,

 8  and shall apply with respect to decedents whose death occurs

 9  on or after that date.

10         Section 4.  (1)  Subsection (2) of section 198.13,

11  Florida Statutes, is renumbered as subsection (3), and a new

12  subsection (2) is added to said section to read:

13         198.13  Tax return to be made in certain cases;

14  certificate of nonliability.--

15         (2)  Whenever it is made to appear to the department

16  that an estate that has filed a return owes no taxes under

17  this chapter, the department shall issue to the personal

18  representative a certificate in writing to that effect, which

19  certificate shall have the same force and effect as a receipt

20  showing payment. The certificate shall be subject to record

21  and admissible in evidence in like manner as a receipt showing

22  payment of taxes. A fee of $5 shall be paid to the department

23  for each certificate so issued.

24         (2)  This section shall take effect January 1, 2000,

25  and shall apply with respect to decedents whose death occurs

26  on or after that date.

27         Section 5.  (1)  Section 198.23, Florida Statutes, is

28  amended to read:

29         198.23  Personal liability of personal

30  representative.--If any personal representative shall make

31  distribution either in whole or in part of any of the property

                                  6

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of an estate to the heirs, next of kin, distributees,

 2  legatees, or devisees without having paid or secured the tax

 3  due the state under this chapter, or having obtained the

 4  release of such property from the lien of such tax either by

 5  the department or pursuant to s. 198.32(2), he or she shall

 6  become personally liable for the tax so due the state, or so

 7  much thereof as may remain due and unpaid, to the full extent

 8  of the full value of any property belonging to such person or

 9  estate which may come into the personal representative's

10  hands, custody, or control.

11         (2)  This section shall take effect January 1, 2000,

12  and shall apply with respect to decedents whose death occurs

13  on or after that date.

14         Section 6.  (1)  Section 198.26, Florida Statutes, is

15  amended to read:

16         198.26  No discharge of personal representative until

17  tax is paid.--No final account of a personal representative of

18  the estate of a nonresident, nor of the estate of a resident

19  when the value of the gross estate wherever situate exceeds

20  $60,000 shall be allowed by any court unless and until such

21  account shows, and the judge of said court finds, that the tax

22  imposed by the provisions of this chapter upon the personal

23  representative, which has become payable, has been paid.  The

24  certificate of the department of nonliability for the tax or

25  its receipt for the amount of tax therein certified shall be

26  conclusive in such proceedings as to the liability or the

27  payment of the tax to the extent of said certificate. In the

28  case of a nontaxable estate, the court may consider the

29  affidavit prepared pursuant to s. 198.32(2) as evidence of the

30  nonliability for tax.

31         (2)  This section shall take effect January 1, 2000,

                                  7

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  and shall apply with respect to decedents whose death occurs

 2  on or after that date.

 3         Section 7.  (1)  Section 198.32, Florida Statutes, is

 4  amended to read:

 5         198.32  Prima facie liability for tax.--

 6         (1)  The estate of each decedent whose property is

 7  subject to the laws of the state shall be deemed prima facie

 8  liable for estate taxes under this chapter and shall be

 9  subject to a lien therefor in such amount as may be later

10  determined to be due and payable on the estate as provided in

11  this chapter.  This presumption of liability shall begin on

12  the date of the death of the decedent and shall continue until

13  the full settlement of all taxes which may be found to be due

14  under this chapter, the settlement to be shown by receipts for

15  all taxes due to be issued by the department as provided for

16  in this chapter.  Whenever it is made to appear to the

17  department that an estate is not subject to any tax under this

18  chapter, the department shall issue to the personal

19  representative, administrator, or curator, or to the heirs,

20  devisees, or legatees of the decedent, a certificate in

21  writing to that effect, showing such nonliability to tax,

22  which certificate of nonliability shall have the same force

23  and effect as a receipt showing payment.  The certificate of

24  nonliability shall be subject to record and admissible in

25  evidence in like manner as receipts showing payment of taxes.

26  A fee of $5 shall be paid to the department for each

27  certificate so issued.

28         (2)  Whenever an estate is not subject to tax under

29  this chapter and is not required to file a return, the

30  personal representative may execute an affidavit attesting

31  that the estate is not taxable. The form of the affidavit

                                  8

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  shall be prescribed by the department, and shall include, but

 2  not be limited to, statements regarding the decedent's

 3  domicile and whether a federal estate tax return will be

 4  filed, and acknowledgment of the personal representative's

 5  personal liability under s. 198.23. This affidavit shall be

 6  subject to record and admissible in evidence to show

 7  nonliability for tax.

 8         (2)  This section shall take effect January 1, 2000,

 9  and shall apply with respect to decedents whose death occurs

10  on or after that date.

11         Section 8.  (1)  Subsection (1) of section 198.33,

12  Florida Statutes, is amended to read:

13         198.33  Discharge of estate, notice of lien, limitation

14  on lien, etc.--

15         (1)  Where no receipt for the payment of taxes, or no

16  affidavit or certificate receipt of nonliability for taxes has

17  been issued or recorded as provided for in this chapter, the

18  property constituting the estate of the decedent in this state

19  shall be deemed fully acquitted and discharged of all

20  liability for estate and inheritance taxes under this chapter

21  after a lapse of 10 years from the date of the filing with the

22  department of notice of the decedent's death, or after a lapse

23  of 10 years from the date of the filing with the department of

24  an estate tax return, whichever date shall be earlier, unless

25  the department shall make out and file and have recorded in

26  the public records of the county wherein any part of the

27  estate of the decedent may be situated in this state, a notice

28  of lien against the property of the estate, specifying the

29  amount or approximate amount of taxes claimed to be due to the

30  state under this chapter, which notice of lien shall continue

31  said lien in force for an additional period of 5 years or

                                  9

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  until payment is made.  Such notice of lien shall be filed and

 2  recorded in the book of deeds in the office of the clerk of

 3  the circuit court; provided, where no receipt for the payment

 4  of taxes, or no affidavit or certificate of nonliability for

 5  taxes, has been issued or recorded as provided for in this

 6  chapter, the property constituting the estate of the decedent

 7  in this state, if said decedent was a resident of this state

 8  at the time of death, shall be deemed fully acquitted and

 9  discharged of all liability for tax under this chapter after a

10  lapse of 10 years from the date of the death of the decedent,

11  unless the department shall make out and file and have

12  recorded notice of lien as herein provided, which notice shall

13  continue said lien in force against such property of the

14  estate as is situate in the county wherein said notice of lien

15  was recorded for an additional period of 5 years or until

16  payment is made.

17         (2)  This section shall take effect January 1, 2000,

18  and shall apply with respect to decedents whose death occurs

19  on or after that date.

20         Section 9.  (1)  Section 198.39, Florida Statutes, is

21  amended to read:

22         198.39  False statement in return; penalty.--Whoever

23  knowingly makes any false statement in any notice, affidavit,

24  or return required to be filed or made under this chapter is

25  guilty of a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         (2)  This section shall take effect January 1, 2000,

28  and shall apply with respect to decedents whose death occurs

29  on or after that date.

30         Section 10.  Subsections (2) and (3) of section

31  199.106, Florida Statutes, are amended to read:

                                  10

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         199.106  Credit for taxes imposed by other states.--

 2         (2)  For intangible personal property that has a

 3  taxable situs in this state under s. 199.175(1) or any similar

 4  predecessor statute, a credit against the tax imposed by s.

 5  199.032 is allowed to a taxpayer, other than a natural person,

 6  in an amount equal to a like tax lawfully imposed and paid by

 7  that taxpayer on the same property in another state, territory

 8  of the United States, or the District of Columbia when the

 9  other taxing authority is also claiming situs under provisions

10  similar or identical to those in s. 199.175(1) or any similar

11  predecessor statute.  For purposes of this subsection, "like

12  tax" means an ad valorem tax on intangible personal property

13  which is also subject to tax under s. 199.032.  The credit may

14  not exceed the tax imposed on the property under s. 199.032.

15  Proof of entitlement to such a credit must be made pursuant to

16  rules and forms adopted by the department.

17         (3)  The credits provided by this section subsections

18  (1) and (2) apply retroactively to December 31, 1979.

19  However, notwithstanding the retroactivity of these credit

20  provisions, this section does not reopen a closed period of

21  nonclaim under s. 215.26 or any other statute or extend the

22  period of nonclaim under s. 215.26 or any other statute.

23         Section 11.  Section 201.165, Florida Statutes, is

24  created to read:

25         201.165  Credit for tax paid to other states.--

26         (1)  For a tax imposed by any section of this chapter,

27  a credit against the specific tax imposed by that section is

28  allowed in an amount equal to a like tax lawfully imposed and

29  paid on the same document or instrument in another state,

30  territory of the United States, or the District of Columbia.

31  For purposes of this subsection, "like tax" means an excise

                                  11

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  tax on documents that is in substance identical to the tax

 2  imposed by this chapter on the same document.  The credit may

 3  not exceed the tax imposed by this chapter on the document.

 4  Proof of entitlement to such a credit must be provided to the

 5  department.  The department may adopt rules to implement this

 6  credit and designate forms that establish what proof is

 7  required.

 8         (2)  The credit provided by this section applies

 9  retroactively.  Notwithstanding the retroactivity of this

10  credit provision, this section does not reopen a closed period

11  of nonclaim under s. 215.26 or any other statute or extend the

12  period of nonclaim under s. 215.26 or any other statute.

13         Section 12.  Paragraph (c) of subsection (14) of

14  section 212.02, Florida Statutes, 1998 Supplement, is amended

15  to read:

16         212.02  Definitions.--The following terms and phrases

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

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

19  different meaning:

20         (14)

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

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

23  containers, labels, sacks, bags, or similar items intended to

24  accompany a product sold to a customer without which delivery

25  of the product would be impracticable because of the character

26  of the contents and be used one time only for packaging

27  tangible personal property for sale or for the convenience of

28  the customer or for packaging in the process of providing a

29  service taxable under this chapter. When a separate charge for

30  packaging materials is made, the charge shall be considered

31  part of the sales price or rental charge for purposes of

                                  12

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  determining the applicability of tax. The terms do term also

 2  does not include the sale, use, storage, or consumption of

 3  industrial materials, including chemicals and fuels except as

 4  provided herein, for future processing, manufacture, or

 5  conversion into articles of tangible personal property for

 6  resale when such industrial materials, including chemicals and

 7  fuels except as provided herein, become a component or

 8  ingredient of the finished product and do not include the

 9  sale, use, storage, or consumption of materials for use in

10  repairing a motor vehicle, airplane, or boat, when such

11  materials are incorporated into the repaired vehicle,

12  airplane, or boat. However, the terms include the sale, use,

13  storage, or consumption of tangible personal property,

14  including machinery and equipment or parts thereof, purchased

15  electricity, and fuels used to power machinery, when such

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

17  processing tangible personal property for sale, even though

18  they may become ingredients or components of the tangible

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

20  erosion, corrosion, or similar means.  The terms do not

21  include the sale of materials to a registered repair facility

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

23  such materials are incorporated into and sold as part of the

24  repair.  Such a sale shall be deemed a purchase for resale by

25  the repair facility, even though every material is not

26  separately stated or separately priced on the repair invoice.

27         Section 13.  Effective January 1, 2000, subsections (4)

28  and (5) of section 212.04, Florida Statutes, 1998 Supplement,

29  are amended to read:

30         212.04  Admissions tax; rate, procedure, enforcement.--

31         (4)  Each person who exercises the privilege of

                                  13

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  charging admission taxes, as herein defined, shall apply for,

 2  and at that time shall furnish the information and comply with

 3  the provisions of s. 212.18 not inconsistent herewith and

 4  receive from the department, a certificate of right to

 5  exercise such privilege, which certificate shall apply to each

 6  place of business where such privilege is exercised and shall

 7  be in the manner and form prescribed by the department.  Such

 8  certificate shall be issued upon payment to the department of

 9  a registration fee of $5 by the applicant.  Each person

10  exercising the privilege of charging such admission taxes as

11  herein defined shall cause to be kept records and accounts

12  showing the admission which shall be in the form as the

13  department may from time to time prescribe, inclusive of

14  records of all tickets numbered and issued for a period of not

15  less than the time within which the department may, as

16  permitted by s. 95.091(3), make an assessment with respect to

17  any admission evidenced by such records and accounts, and

18  inclusive of all bills or checks of customers who are charged

19  any of the taxes defined herein, showing the charge made to

20  each for that period.  The department is empowered to use each

21  and every one of the powers granted herein to the department

22  to discover the amount of tax to be paid by each such person

23  and to enforce the payment thereof as are hereby granted the

24  department for the discovery and enforcement of the payment of

25  taxes hereinafter levied on the sales of tangible personal

26  property.  The failure of any person to pay such taxes before

27  the 21st day of the succeeding month after the taxes are

28  collected shall render such person liable to the same

29  penalties that are hereafter imposed upon such person for

30  being delinquent in the payment of taxes imposed upon the

31  sales of tangible personal property; the failure of any person

                                  14

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  to render returns and to pay taxes as prescribed herein shall

 2  render such person subject to the same penalties, by way of

 3  charges for delinquencies, at the rate of 10 percent per month

 4  for a total amount of tax delinquent up to a total of 50

 5  percent of such tax and at the rate of 100-percent penalty for

 6  attempted evasion of payment of any such tax or for any

 7  attempt to file false or misleading returns that are required

 8  to be filed by the department.

 9         (5)  All of the provisions of this chapter relating to

10  collection, investigation, discovery, and aids to collection

11  of taxes upon sales of tangible personal property shall

12  likewise apply to all privileges described or referred to in

13  this section, and the obligations imposed in this chapter upon

14  retailers are hereby imposed upon the seller of such

15  admissions. All penalties applicable to a dealer in tangible

16  personal property for failure to meet any such obligation,

17  including, but not limited to, any failure related to the

18  filing of returns, the payment of taxes, or the maintenance

19  and production of records, are applicable to the seller of

20  admissions. When tickets or admissions are sold and not used

21  but returned and credited by the seller, the seller may apply

22  to the department for a credit allowance for such returned

23  tickets or admissions if advance payments have been made by

24  the buyer and have been returned by the seller, upon such form

25  and in such manner as the department may from time to time

26  prescribe.  The department may, upon obtaining satisfactory

27  proof of the refunds on the part of the seller, credit the

28  seller for taxes paid upon admissions that have been returned

29  unused to the purchaser of those admissions. The seller of

30  admissions, upon the payment of the taxes before they become

31  delinquent and the rendering of the returns in accordance with

                                  15

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the requirement of the department and as provided in this law,

 2  shall be entitled to a discount of 2.5 percent of the amount

 3  of taxes upon the payment thereof before such taxes become

 4  delinquent, in the same manner as permitted the sellers of

 5  tangible personal property in this chapter.  However, if the

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

 7  reporting period exceeds $1,200, no discount shall be allowed

 8  for all amounts in excess of $1,200.

 9         Section 14.  Effective January 1, 2000, subsections (2)

10  and (13) of section 212.12, Florida Statutes, 1998 Supplement,

11  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 10 percent of any unpaid tax or fee if the failure

24  is for not more than 30 days, with an additional 10 percent of

25  any unpaid tax or fee for each additional 30 days, or fraction

26  thereof, during the time which the failure continues, not to

27  exceed a total penalty of 50 percent, in the aggregate, of any

28  unpaid tax or fee.  In no event may the penalty be less than

29  $10 for failure to timely file a tax return required by s.

30  212.11(1)(b) or $5 for failure to timely file a tax return

31  authorized by s. 212.11(1)(c) or (d).  In the case of a false

                                  16

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  or fraudulent return or a willful intent to evade payment of

 2  any tax or fee imposed under this chapter, in addition to the

 3  other penalties provided by law, the person making such false

 4  or fraudulent return or willfully attempting to evade the

 5  payment of such a tax or fee shall be liable for a specific

 6  penalty of 100 percent of the tax bill or fee and for fine and

 7  punishment as provided by law for a conviction of a

 8  misdemeanor of the first degree.

 9         (b)  Any person who knowingly and with a willful intent

10  to evade any tax imposed under this chapter fails to file six

11  consecutive returns as required by law commits a felony of the

12  third degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         (c)  Any person who makes a false or fraudulent return

15  with a willful intent to evade payment of any tax or fee

16  imposed under this chapter shall, in addition to the other

17  penalties provided by law, be liable for a specific penalty of

18  100 percent of the tax bill or fee and, upon conviction, for

19  fine and punishment as provided in s. 775.082, s. 775.083, or

20  s. 775.084.

21         1.  If the total amount of unreported taxes or fees is

22  less than $300, the first offense resulting in conviction is a

23  misdemeanor of the second degree, the second offense resulting

24  in conviction is a misdemeanor of the first degree, and the

25  third and all subsequent offenses resulting in conviction are

26  felonies of the third degree.

27         2.  If the total amount of unreported taxes or fees is

28  $300 or more but less than $20,000, the offense is a felony of

29  the third degree.

30         3.  If the total amount of unreported taxes or fees is

31  $20,000 or more but less than $100,000, the offense is a

                                  17

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  felony of the second degree.

 2         4.  If the total amount of unreported taxes or fees is

 3  $100,000 or more, the offense is a felony of the first degree.

 4         (d)(b)  When any person, firm, or corporation fails to

 5  timely remit the proper estimated payment required under s.

 6  212.11, a specific penalty shall be added in an amount equal

 7  to 10 percent of any unpaid estimated tax. Beginning with

 8  January 1, 1985, returns, the department, upon a showing of

 9  reasonable cause, is authorized to waive or compromise

10  penalties imposed by this paragraph. However, other penalties

11  and interest shall be due and payable if the return on which

12  the estimated payment was due was not timely or properly

13  filed.

14         (e)(c)  Dealers filing a consolidated return pursuant

15  to s. 212.11(1)(e)(d) shall be subject to the penalty

16  established in paragraph (d) (b) unless the dealer has paid

17  the required estimated tax for his or her consolidated return

18  as a whole without regard to each location.  If the dealer

19  fails to pay the required estimated tax for his or her

20  consolidated return as a whole, each filing location shall

21  stand on its own with respect to calculating penalties

22  pursuant to paragraph (d) (b).

23         (13)  In order to aid the administration and

24  enforcement of the provisions of this chapter with respect to

25  the rentals and license fees, each lessor or person granting

26  the use of any hotel, apartment house, roominghouse, tourist

27  or trailer camp, real property, or any interest therein, or

28  any portion thereof, inclusive of owners; property managers;

29  lessors; landlords; hotel, apartment house, and roominghouse

30  operators; and all licensed real estate agents within the

31  state leasing, granting the use of, or renting such property,

                                  18

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  shall be required to keep a record of each and every such

 2  lease, license, or rental transaction which is taxable under

 3  this chapter, in such a manner and upon such forms as the

 4  department may prescribe, and to report such transaction to

 5  the department or its designated agents, and to maintain such

 6  records as long as required by s. 213.35, subject to the

 7  inspection of the department and its agents.  Upon the failure

 8  by such owner; property manager; lessor; landlord; hotel,

 9  apartment house, roominghouse, tourist or trailer camp

10  operator; or real estate agent to keep and maintain such

11  records and to make such reports upon the forms and in the

12  manner prescribed, such owner; property manager; lessor;

13  landlord; hotel, apartment house, roominghouse, tourist or

14  trailer camp operator; receiver of rent or license fees; or

15  real estate agent is guilty of a misdemeanor of the second

16  degree, punishable as provided in s. 775.082 or s. 775.083,

17  for the first offense; for subsequent offenses, they are each

18  guilty of a misdemeanor of the first degree, punishable as

19  provided in s. 775.082 or s. 775.083.  If, however, any

20  subsequent offense involves intentional destruction of such

21  records with an intent to evade payment of or deprive the

22  state of any tax revenues, such subsequent offense shall be a

23  felony of the third degree, punishable as provided in s.

24  775.082 or s. 775.083.

25         Section 15.  Effective January 1, 2000, paragraph (e)

26  of subsection (4) of section 212.11, Florida Statutes, 1998

27  Supplement, is amended to read:

28         212.11  Tax returns and regulations.--

29         (4)

30         (e)  The penalty provisions of this chapter, except s.

31  212.12(2)(e)(c), apply to the provisions of this subsection.

                                  19

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 16.  Effective January 1, 2000, subsections (1)

 2  and (2) of section 212.13, Florida Statutes, are amended to

 3  read:

 4         212.13  Records required to be kept; power to inspect;

 5  audit procedure.--

 6         (1)  For the purpose of enforcing the collection of the

 7  tax levied by this chapter, the department is hereby

 8  specifically authorized and empowered to examine at all

 9  reasonable hours the books, records, and other documents of

10  all transportation companies, agencies, or firms that conduct

11  their business by truck, rail, water, aircraft, or otherwise,

12  in order to determine what dealers, or other persons charged

13  with the duty to report or pay a tax under this chapter, are

14  importing or are otherwise shipping in articles or tangible

15  personal property which are liable for said tax.  In the event

16  said transportation company, agency, or firm refuses to permit

17  such examination of its books, records, or other documents by

18  the department as aforesaid, it is guilty of a misdemeanor of

19  the first degree, punishable as provided in s. 775.082 or s.

20  775.083. If, however, any subsequent offense involves

21  intentional destruction of such records with an intent to

22  evade payment of or deprive the state of any tax revenues,

23  such subsequent offense shall be a felony of the third degree,

24  punishable as provided in s. 775.082 or s. 775.083. The

25  department shall have the right to proceed in any chancery

26  court to seek a mandatory injunction or other appropriate

27  remedy to enforce its right against the offender, as granted

28  by this section, to require an examination of the books and

29  records of such transportation company or carrier.

30         (2)  Each dealer, as defined in this chapter, shall

31  secure, maintain, and keep as long as required by s. 213.35 a

                                  20

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  complete record of tangible personal property or services

 2  received, used, sold at retail, distributed or stored, leased

 3  or rented by said dealer, together with invoices, bills of

 4  lading, gross receipts from such sales, and other pertinent

 5  records and papers as may be required by the department for

 6  the reasonable administration of this chapter; all such

 7  records which are located or maintained in this state shall be

 8  open for inspection by the department at all reasonable hours

 9  at such dealer's store, sales office, general office,

10  warehouse, or place of business located in this state. Any

11  dealer who maintains such books and records at a point outside

12  this state must make such books and records available for

13  inspection by the department where the general records are

14  kept. Any dealer subject to the provisions of this chapter who

15  violates these provisions is guilty of a misdemeanor of the

16  first degree, punishable as provided in s. 775.082 or s.

17  775.083.  If, however, any subsequent offense involves

18  intentional destruction of such records with an intent to

19  evade payment of or deprive the state of any tax revenues,

20  such subsequent offense shall be a felony of the third degree,

21  punishable as provided in s. 775.082 or s. 775.083.

22         Section 17.  Effective January 1, 2000, section

23  213.757, Florida Statutes, is created to read:

24         213.757  Willful failure to pay over funds or

25  destruction of records by agent.--Any person who accepts money

26  from a taxpayer that is due to the department, for the purpose

27  of acting as the taxpayer's agent to make the payment to the

28  department, but who willfully fails to remit such payment to

29  the department when due, commits a felony of the third degree,

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

31  775.084.  Any person who has possession as a taxpayer's agent

                                  21

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of the taxpayer's records that are required to be maintained

 2  under the revenue laws of this state and who intentionally

 3  destroys those records with the intent of depriving the state

 4  of tax revenues commits a felony of the third degree,

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

 6  775.084.

 7         Section 18.  Effective February 1, 2000, paragraph (b)

 8  of subsection (1) of section 212.07, Florida Statutes, 1998

 9  Supplement, is amended to read:

10         212.07  Sales, storage, use tax; tax added to purchase

11  price; dealer not to absorb; liability of purchasers who

12  cannot prove payment of the tax; penalties; general

13  exemptions.--

14         (1)

15         (b)  A resale must be in strict compliance with s.

16  212.18 and the rules and regulations, and any dealer who makes

17  a sale for resale which is not in strict compliance with s.

18  212.18 and the rules and regulations shall himself or herself

19  be liable for and pay the tax. Any dealer who makes a sale for

20  resale shall document the exempt nature of the transaction, as

21  established by rules promulgated by the department, by

22  retaining a copy of the purchaser's resale certificate.  In

23  lieu of maintaining a copy of the certificate, a dealer may

24  document, prior to the time of sale, an authorization number

25  provided telephonically or electronically by the department,

26  or by such other means established by rule of the department.

27  The department shall adopt rules that provide that, for

28  purchasers who purchase on account from a dealer on a

29  continual basis, the dealer may rely on a resale certificate

30  issued pursuant to s. 212.18(3)(c), valid at the time of

31  receipt from the purchaser, without seeking annual

                                  22

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  verification of the resale certificate.  A dealer may, through

 2  the informal protest provided for in s. 213.21 and the rules

 3  of the Department of Revenue, provide the department with

 4  evidence of the exempt status of a sale.  The Department of

 5  Revenue shall adopt rules which provide that valid resale

 6  certificates and consumer certificates of exemption executed

 7  by those dealers or exempt entities which were registered with

 8  the department at the time of sale, resale certificates

 9  provided by purchasers who were active dealers at the time of

10  sale, and verification by the department of a purchaser's

11  active dealer status at the time of sale in lieu of a resale

12  certificate shall be accepted by the department when submitted

13  during the protest period but may not be accepted in any

14  proceeding under chapter 120 or any circuit court action

15  instituted under chapter 72.

16         Section 19.  Effective January 1, 2000, subsection (3)

17  of section 212.18, Florida Statutes, 1998 Supplement, is

18  amended to read:

19         212.18  Administration of law; registration of dealers;

20  rules.--

21         (3)(a)  Every person desiring to engage in or conduct

22  business in this state as a dealer, as defined in this

23  chapter, or to lease, rent, or let or grant licenses in living

24  quarters or sleeping or housekeeping accommodations in hotels,

25  apartment houses, roominghouses, or tourist or trailer camps

26  that are subject to tax under s. 212.03, or to lease, rent, or

27  let or grant licenses in real property, as defined in this

28  chapter, and every person who sells or receives anything of

29  value by way of admissions, must file with the department an

30  application for a certificate of registration for each place

31  of business, showing the names of the persons who have

                                  23

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  interests in such business and their residences, the address

 2  of the business, and such other data as the department may

 3  reasonably require. However, owners and operators of vending

 4  machines or newspaper rack machines are required to obtain

 5  only one certificate of registration for each county in which

 6  such machines are located. The department, by rule, may

 7  authorize a dealer that uses independent sellers to sell its

 8  merchandise to remit tax on the retail sales price charged to

 9  the ultimate consumer in lieu of having the independent seller

10  register as a dealer and remit the tax. The department may

11  appoint the county tax collector as the department's agent to

12  accept applications for registrations. The application must be

13  made to the department before the person, firm, copartnership,

14  or corporation may engage in such business, and it must be

15  accompanied by a registration fee of $5. However, a

16  registration fee is not required to accompany an application

17  to engage in or conduct business to make mail order sales.

18         (b)  The department, upon receipt of such application,

19  will grant to the applicant a separate certificate of

20  registration for each place of business, which certificate may

21  be canceled by the department or its designated assistants for

22  any failure by the certificateholder to comply with any of the

23  provisions of this chapter. The certificate is not assignable

24  and is valid only for the person, firm, copartnership, or

25  corporation to which issued. The certificate must be placed in

26  a conspicuous place in the business or businesses for which it

27  is issued and must be displayed at all times. Except as

28  provided in this subsection paragraph, no person shall engage

29  in business as a dealer or in leasing, renting, or letting of

30  or granting licenses in living quarters or sleeping or

31  housekeeping accommodations in hotels, apartment houses,

                                  24

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  roominghouses, tourist or trailer camps, or real property as

 2  hereinbefore defined, nor shall any person sell or receive

 3  anything of value by way of admissions, without first having

 4  obtained such a certificate or after such certificate has been

 5  canceled; no person shall receive any license from any

 6  authority within the state to engage in any such business

 7  without first having obtained such a certificate or after such

 8  certificate has been canceled. The engaging in the business of

 9  selling or leasing tangible personal property or services or

10  as a dealer, as defined in this chapter, or the engaging in

11  leasing, renting, or letting of or granting licenses in living

12  quarters or sleeping or housekeeping accommodations in hotels,

13  apartment houses, roominghouses, or tourist or trailer camps

14  that are taxable under this chapter, or real property, or the

15  engaging in the business of selling or receiving anything of

16  value by way of admissions, without such certificate first

17  being obtained or after such certificate has been canceled by

18  the department, is prohibited. The failure or refusal of any

19  person, firm, copartnership, or corporation to so qualify when

20  required hereunder is a misdemeanor of the first degree,

21  punishable as provided in s. 775.082 or s. 775.083, or subject

22  to injunctive proceedings as provided by law. Such failure or

23  refusal also subjects the offender to a $100 initial

24  registration fee in lieu of the $5 registration fee authorized

25  in this paragraph (a).  However, the department may waive the

26  increase in the registration fee if it is determined by the

27  department that the failure to register was due to reasonable

28  cause and not to willful negligence, willful neglect, or

29  fraud.

30         (c)  In addition to the certificate of registration,

31  the department shall provide to each newly registered dealer

                                  25

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  an initial resale certificate that will be valid for the

 2  remainder of the period of issuance.  The department shall

 3  provide each active dealer with an annual resale certificate.

 4  For purposes of this section, "active dealer" means a person

 5  who is currently registered with the department and who is

 6  required to file at least once during each applicable

 7  reporting period.

 8         (d)(b)  The department may revoke any dealer's

 9  certificate of registration when the dealer fails to comply

10  with this chapter. Prior to revocation of a dealer's

11  certificate of registration, the department must schedule an

12  informal conference at which the dealer may present evidence

13  regarding the department's intended revocation or enter into a

14  compliance agreement with the department. The department must

15  notify the dealer of its intended action and the time, place,

16  and date of the scheduled informal conference by written

17  notification sent by United States mail to the dealer's last

18  known address of record furnished by the dealer on a form

19  prescribed by the department. The dealer is required to attend

20  the informal conference and present evidence refuting the

21  department's intended revocation or enter into a compliance

22  agreement with the department which resolves the dealer's

23  failure to comply with this chapter. The department shall

24  issue an administrative complaint under s. 120.60 if the

25  dealer fails to attend the department's informal conference,

26  fails to enter into a compliance agreement with the department

27  resolving the dealer's noncompliance with this chapter, or

28  fails to comply with the executed compliance agreement.

29         (e)(c)  As used in this paragraph, the term "exhibitor"

30  means a person who enters into an agreement authorizing the

31  display of tangible personal property or services at a

                                  26

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  convention or a trade show.  The following provisions apply to

 2  the registration of exhibitors as dealers under this chapter:

 3         1.  An exhibitor whose agreement prohibits the sale of

 4  tangible personal property or services subject to the tax

 5  imposed in this chapter is not required to register as a

 6  dealer.

 7         2.  An exhibitor whose agreement provides for the sale

 8  at wholesale only of tangible personal property or services

 9  subject to the tax imposed in this chapter must obtain a

10  resale certificate from the purchasing dealer but is not

11  required to register as a dealer.

12         3.  An exhibitor whose agreement authorizes the retail

13  sale of tangible personal property or services subject to the

14  tax imposed in this chapter must register as a dealer and

15  collect the tax imposed under this chapter on such sales.

16         4.  Any exhibitor who makes a mail order sale pursuant

17  to s. 212.0596 must register as a dealer.

18

19  Any person who conducts a convention or a trade show must make

20  their exhibitor's agreements available to the department for

21  inspection and copying.

22         Section 20.  Effective January 1, 2000, subsection (10)

23  of section 213.053, Florida Statutes, 1998 Supplement, is

24  amended to read:

25         213.053  Confidentiality and information sharing.--

26         (10)  Notwithstanding any other provision of this

27  section, with respect to a request for verification of a

28  certificate of registration issued pursuant to s. 212.18 to a

29  specified dealer or taxpayer or with respect to a request by a

30  law enforcement officer for verification of a certificate of

31  registration issued pursuant to s. 538.09 to a specified

                                  27

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  secondhand dealer or pursuant to s. 538.25 to a specified

 2  secondary metals recycler, the department may disclose whether

 3  the specified person holds a valid certificate or whether a

 4  specified certificate number is valid or whether a specified

 5  certificate number has been canceled or is inactive or invalid

 6  and the name of the holder of such certificate.  This

 7  subsection shall not be construed to create a duty to request

 8  verification of any certificate of registration.

 9         Section 21.  Effective January 1, 2000, the Department

10  of Revenue shall establish a toll-free number for verification

11  of valid registration numbers and resale certificates.  The

12  system must be sufficient to guarantee a low busy rate and

13  must respond to keypad inquiries, and data must be updated

14  daily.

15         Section 22.  Effective January 1, 2000, the Department

16  of Revenue shall establish a system for receiving information

17  from dealers regarding certificate numbers of those seeking to

18  make purchases for resale.  The department must provide such

19  dealers with verification of those numbers which are canceled

20  or invalid.  This information must be provided by the

21  department free of charge.

22         Section 23.  Effective July 1, 1999, the Department of

23  Revenue shall expand its dealer education program regarding

24  the proper use of resale certificates.  The expansion shall

25  include, but not be limited to, revision of the registration

26  application for clarity, development of industry-specific

27  brochures, development of a media campaign to heighten

28  awareness of resale fraud and its consequences, outreach to

29  business and professional organizations, and creation of

30  seminars and continuing education programs for taxpayers and

31  licensed professionals.

                                  28

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Section 24.  (1)  The sums of $211,065 to be used for

 2  salaries, benefits, and expenses and $23,455 to be used for

 3  operating capital outlay are appropriated from the General

 4  Revenue Fund to the Department of Revenue, and 1.5 FTEs are

 5  authorized, to implement the provisions of this act regarding

 6  resale certificates under chapter 212, Florida Statutes.

 7         (2)  This section shall take effect July 1, 1999.

 8         Section 25.  (1)  Paragraph (ii) of subsection (7) and

 9  subsection (10) of section 212.08, Florida Statutes, 1998

10  Supplement, are amended to read:

11         212.08  Sales, rental, use, consumption, distribution,

12  and storage tax; specified exemptions.--The sale at retail,

13  the rental, the use, the consumption, the distribution, and

14  the storage to be used or consumed in this state of the

15  following are hereby specifically exempt from the tax imposed

16  by this chapter.

17         (7)  MISCELLANEOUS EXEMPTIONS.--

18         (ii)  Certain electricity or steam uses.--

19         1.  Subject to the provisions of subparagraph 4.,

20  charges for electricity or steam used to operate machinery and

21  equipment at a fixed location in this state when such

22  machinery and equipment is used to manufacture, process,

23  compound, produce, or prepare for shipment items of tangible

24  personal property for sale, or to operate pollution control

25  equipment, recycling equipment, maintenance equipment, or

26  monitoring or control equipment used in such operations are

27  exempt to the extent provided in this paragraph. If In order

28  to qualify for this exemption, 75 percent or more of the

29  electricity or steam used at the fixed location is must be

30  used to operate qualifying machinery or equipment, 100 percent

31  of the charges for electricity or steam used at the fixed

                                  29

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  location are exempt. If less than 75 percent but 50 percent or

 2  more of the electricity or steam is used at the a fixed

 3  location is used to operate qualifying machinery or equipment,

 4  then it is presumed that 50 percent of the charges for

 5  electricity or steam used at the fixed location are exempt

 6  charge for electricity is for nonexempt purposes. If less than

 7  50 percent of the electricity or steam used at the fixed

 8  location is used to operate qualifying machinery or equipment,

 9  none of the charges for electricity or steam used at the fixed

10  location are exempt.

11         2.  This exemption applies only to industries

12  classified under SIC Industry Major Group Numbers 10, 12, 13,

13  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

14  35, 36, 37, 38, and 39. As used in this paragraph, "SIC" means

15  those classifications contained in the Standard Industrial

16  Classification Manual, 1987, as published by the Office of

17  Management and Budget, Executive Office of the President.

18         3.  Possession by a seller of a written certification

19  by the purchaser, certifying the purchaser's entitlement to an

20  exemption permitted by this subsection, relieves the seller

21  from the responsibility of collecting the tax on the

22  nontaxable amounts, and the department shall look solely to

23  the purchaser for recovery of such tax if it determines that

24  the purchaser was not entitled to the exemption.

25         4.  Such exemption shall be applied as follows:

26         a.  Beginning July 1, 1996, 20 percent of the charges

27  for such electricity shall be exempt.

28         b.  Beginning July 1, 1997, 40 percent of the charges

29  for such electricity shall be exempt.

30         c.  Beginning July 1, 1998, 60 percent of the charges

31  for such electricity or steam shall be exempt.

                                  30

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         d.  Beginning July 1, 1999, 80 percent of the charges

 2  for such electricity or steam shall be exempt.

 3         e.  Beginning July 1, 2000, 100 percent of the charges

 4  for such electricity or steam shall be exempt.

 5         5.  Notwithstanding any other provision in this

 6  paragraph to the contrary, in order to receive the exemption

 7  provided in this paragraph a taxpayer must first register with

 8  the WAGES Program Business Registry established by the local

 9  WAGES coalition for the area in which the taxpayer is located.

10  Such registration establishes a commitment on the part of the

11  taxpayer to hire WAGES program participants to the maximum

12  extent possible consistent with the nature of their business.

13         6.a.  In order to determine whether the exemption

14  provided in this paragraph from the tax on charges for

15  electricity or steam has an effect on retaining or attracting

16  companies to this state, the Office of Program Policy Analysis

17  and Governmental Accountability shall periodically monitor and

18  report on the industries receiving the exemption.

19         b.  The first report shall be submitted no later than

20  January 1, 1997, and must be conducted in such a manner as to

21  specifically determine the number of companies within each SIC

22  Industry Major Group receiving the exemption as of September

23  1, 1996, and the number of individuals employed by companies

24  within each SIC Industry Major Group receiving the exemption

25  as of September 1, 1996.

26         c.  The second report shall be submitted no later than

27  January 1, 2001, and must be comprehensive in scope, but, at a

28  minimum, must be conducted in such a manner as to specifically

29  determine the number of companies within each SIC Industry

30  Major Group receiving the exemption as of September 1, 2000,

31  the number of individuals employed by companies within each

                                  31

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  SIC Industry Major Group receiving the exemption as of

 2  September 1, 2000, whether the change, if any, in such number

 3  of companies or employees is attributable to the exemption

 4  provided in this paragraph, whether it would be sound public

 5  policy to continue or discontinue the exemption, and the

 6  consequences of doing so.

 7         d.  Both reports shall be submitted to the President of

 8  the Senate, the Speaker of the House of Representatives, the

 9  Senate Minority Leader, and the House Minority Leader.

10

11  Exemptions provided to any entity by this subsection shall not

12  inure to any transaction otherwise taxable under this chapter

13  when payment is made by a representative or employee of such

14  entity by any means, including, but not limited to, cash,

15  check, or credit card even when that representative or

16  employee is subsequently reimbursed by such entity.

17         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT

18  OF ANOTHER STATE.--The tax collected on the sale of a new or

19  used motor vehicle in this state to a resident of another

20  state shall be an amount equal to the sales tax which would be

21  imposed on such sale under the laws of the state of which the

22  purchaser is a resident, except that such tax shall not exceed

23  the tax that would otherwise be imposed under this chapter.

24  At the time of the sale, the purchaser shall execute a

25  notarized statement of his or her intent to license the

26  vehicle in the state of which the purchaser is a resident

27  within 45 10 days of the sale and of the fact of the payment

28  to the State of Florida of a sales tax in an amount equivalent

29  to the sales tax of his or her state of residence and shall

30  submit the statement to the appropriate sales tax collection

31  agency in his or her state of residence.  Nothing in this

                                  32

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  subsection shall be construed to require the removal of the

 2  vehicle from this state following the filing of an intent to

 3  license the vehicle in the purchaser's home state if the

 4  purchaser licenses the vehicle in his or her home state within

 5  45 days after the date of sale.

 6         (2)  It is the intent of the Legislature that the

 7  amendments to s. 212.08(7)(ii), Florida Statutes, 1998

 8  Supplement, by this section are remedial in nature and merely

 9  clarify existing law.

10         Section 26.  Subsection (8) is added to section 213.27,

11  Florida Statutes, to read:

12         213.27  Contracts with debt collection agencies and

13  certain vendors.--

14         (8)(a)  The executive director of the department may

15  enter into contracts with private vendors to develop and

16  implement systems to enhance tax collections where

17  compensation to the vendors is funded through increased tax

18  collections.  The amount of compensation paid to a vendor

19  shall be based on a percentage of increased tax collections

20  attributable to the system after all administrative and

21  judicial appeals are exhausted, and the total amount of

22  compensation paid to a vendor shall not exceed the maximum

23  amount stated in the contract.

24         (b)  A person acting on behalf of the department under

25  a contract authorized by this subsection does not exercise any

26  of the powers of the department, except that the person is an

27  agent of the department for the purposes of developing and

28  implementing a system to enhance tax collection.

29         (c)  Disclosure of information under this subsection

30  shall be pursuant to a written agreement between the executive

31  director and the private vendors.  The vendors shall be bound

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  by the same requirements of confidentiality as the department.

 2  Breach of confidentiality is a misdemeanor of the first

 3  degree, punishable as provided in s. 775.082 or s. 775.083.

 4         Section 27.  Subsection (1) of section 213.67, Florida

 5  Statutes, 1998 Supplement, is amended to read:

 6         213.67  Garnishment.--

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

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

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

10  the amount of such delinquency by registered mail to all

11  persons having in their possession or under their control any

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

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

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

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

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

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

18  designee consents to a transfer or disposition or until 60

19  days after the receipt of such notice, except that the

20  credits, other personal property, or debts which exceed the

21  delinquent amount stipulated in the notice shall not be

22  subject to the provisions of this section, wherever held, in

23  any case in which the taxpayer does not have a prior history

24  of tax delinquencies. If during the effective period of the

25  notice to withhold, any person so notified makes any transfer

26  or disposition of the property or debts required to be

27  withheld hereunder, he or she is liable to the state for any

28  indebtedness owed to the department by the person with respect

29  to whose obligation the notice was given to the extent of the

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

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

                                  34

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  disposition, the state is unable to recover the indebtedness

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

 3  given. If the delinquent taxpayer contests the intended levy

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

 5  section remains effective until that final resolution of the

 6  contest. Any financial institution receiving such notice will

 7  maintain a right of setoff for any transaction involving a

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

 9  notice.

10         Section 28.  (1)  Paragraph (n) of subsection (1) and

11  paragraph (c) of subsection (2) of section 220.03, Florida

12  Statutes, 1998 Supplement, are amended, and paragraph (hh) is

13  added to subsection (1) of said section, to read:

14         220.03  Definitions.--

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

16  not otherwise distinctly expressed or manifestly incompatible

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

18  following meanings:

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

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

21  January 1, 1999 1998, except as provided in subsection (3).

22         (hh)  "Citrus processing company" means a corporation

23  which, during the 60-month period ending on December 31, 1997,

24  had derived more than 50 percent of its total gross receipts

25  from the processing of citrus products and the manufacture of

26  juices.

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

28  neither otherwise distinctly expressed nor manifestly

29  incompatible with the intent thereof:

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

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

                                  35

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Revenue Code and other statutes of the United States relating

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

 3  effect on January 1, 1999 1998. However, if subsection (3) is

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

 5  time the term is applied under this code.

 6         (2)  This section shall take effect upon this act

 7  becoming a law, and the amendments to s. 220.03(1)(n) and

 8  (2)(c), Florida Statutes, 1998 Supplement, shall operate

 9  retroactively to January 1, 1999.

10         Section 29.  Effective January 1, 2000, paragraph (b)

11  of subsection (1) of section 220.151, Florida Statutes, is

12  amended, and, effective upon this act becoming a law,

13  subsection (3) is added to said section, to read:

14         220.151  Apportionment; methods for special

15  industries.--

16         (1)

17         (b)  If the principal source of premiums written by an

18  insurance company consists of premiums for reinsurance

19  accepted by it, the tax base of such company shall be

20  apportioned to this state by multiplying such base by a

21  fraction the numerator of which is the sum of:

22         1.  Direct premiums written for insurance upon

23  properties and risks in this state, plus

24         2.  Premiums written for reinsurance, accepted in

25  respect to properties and risks in this state,

26

27  and the denominator of which is the sum of direct premiums

28  written for insurance upon properties and risks everywhere

29  plus premiums written for reinsurance accepted in respect to

30  properties and risks everywhere.  For purposes of this

31  paragraph, premiums written for reinsurance accepted in

                                  36

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  respect to properties and risks in this state, whether or not

 2  otherwise determinable, shall may, at the election of the

 3  company, either be determined on the basis of the proportion

 4  which premiums written for reinsurance accepted from companies

 5  resident in or having a regional home office in the state

 6  bears to premiums written for reinsurance accepted from all

 7  sources or, alternatively, on the basis of the proportion

 8  which the sum of the direct premiums written for insurance

 9  upon properties and risks in this state by each ceding company

10  from which reinsurance is accepted bears to the sum of the

11  total direct premiums written by each such ceding company for

12  the taxable year.

13         (3)  For any taxable year beginning on or after January

14  1, 1999, a citrus processing company may, if required to

15  apportion its taxable net income pursuant to the three-factor

16  apportionment method set forth in s. 220.15(1), elect to have

17  such apportionment determined for that taxable year solely by

18  use of the sales factor, as set forth in s. 220.15(5). The

19  election shall be made by the filing of a return for the

20  taxable year utilizing this method.

21         Section 30.  Section 220.21, Florida Statutes, is

22  amended to read:

23         220.21  Returns and records; regulations.--

24         (1)  Every taxpayer liable for the tax imposed by this

25  code shall keep such records, render such statements, make

26  such returns and notices, and comply with such rules and

27  regulations, as the department may from time to time

28  prescribe.  The director may require any taxpayer or class of

29  taxpayers, by notice or by regulation, to make such returns

30  and notices, render such statements, and keep such records as

31  the director deems necessary to determine whether such

                                  37

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  taxpayer or taxpayers are liable for tax under this code.

 2         (2)  A taxpayer may choose to file a return required by

 3  this code in a form initiated through a telephonic or

 4  electronic data interchange using an advanced encrypted

 5  transmission by means of the Internet or other suitable

 6  transmission. The department shall prescribe by rule the

 7  format and instructions necessary for such filing to ensure a

 8  full collection of taxes due. The acceptable method of

 9  transfer, the method, form, and content of the electronic data

10  interchange, and the means, if any, by which the taxpayer will

11  be provided with an acknowledgment shall be prescribed by the

12  department.

13         Section 31.  Subsection (3) of section 220.221, Florida

14  Statutes, is amended to read:

15         220.221  Returns; signing and verification.--

16         (3)  Each return or notice required to be filed under

17  this code shall be verified by a written declaration that it

18  is made under the penalties of perjury, and if prepared by

19  someone other than the taxpayer the return shall also contain

20  a declaration by the preparer that it was prepared on the

21  basis of all information of which the preparer had knowledge.

22         Section 32.  Paragraphs (a) and (b) of subsection (2)

23  of section 220.222, Florida Statutes, 1998 Supplement, are

24  amended to read:

25         220.222  Returns; time and place for filing.--

26         (2)(a)  When a taxpayer has been granted an extension

27  or extensions of time within which to file its federal income

28  tax return for any taxable year, and if the requirements of s.

29  220.32 are met, the filing of a written request for such

30  extension or extensions with the department shall

31  automatically extend the due date of the return required under

                                  38

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  this code until 15 days after the expiration of the federal

 2  extension or until the expiration of 6 months from the

 3  original due date, whichever first occurs.

 4         (b)  The department may grant an extension or

 5  extensions of time for the filing of any return required under

 6  this code upon receiving a prior written request therefor if

 7  good cause for an extension is shown.  However, the aggregate

 8  extensions of time under paragraphs (a) and (b) shall not

 9  exceed 6 months. No extension granted under this paragraph

10  shall be valid unless the taxpayer complies with the

11  requirements of s. 220.32.

12         Section 33.  Subsection (7) is added to section

13  193.052, Florida Statutes, to read:

14         193.052  Preparation and serving of returns.--

15         (7)  A property appraiser may accept a tangible

16  personal property tax return in a form initiated through an

17  electronic data interchange. The department shall prescribe by

18  rule the format and instructions necessary for such filing to

19  ensure that all property is properly listed.  The acceptable

20  method of transfer, the method, form, and content of the

21  electronic data interchange, the method by which the taxpayer

22  will be provided with an acknowledgment, and the duties of the

23  property appraiser with respect to such filing shall be

24  prescribed by the department.  The department's rules shall

25  provide:  a uniform format for all counties; that the format

26  shall resemble form DR-405 as closely as possible; and that

27  adequate safeguards for verification of taxpayers' identities

28  are established to avoid filing by unauthorized persons.

29         Section 34.  Subsection (16) of section 199.052,

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

31         199.052  Annual tax returns; payment of annual tax.--

                                  39

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (16)(a)  Except as provided in paragraph (b), all banks

 2  and financial organizations filing annual intangible tax

 3  returns for their customers shall file return information for

 4  taxes due January 1, 1999, and thereafter using

 5  machine-sensible media. The information required by this

 6  subsection must be reported by banks or financial

 7  organizations on machine-sensible media, using specifications

 8  and instructions of the department.  A bank or financial

 9  organization that demonstrates to the satisfaction of the

10  department that a hardship exists is not required to file

11  intangible tax returns for its customers using

12  machine-sensible media.  The department shall adopt rules

13  necessary to administer this paragraph subsection.

14         (b)  A taxpayer may choose to file an annual intangible

15  personal property tax return in a form initiated through an

16  electronic data interchange using an advanced encrypted

17  transmission by means of the Internet or other suitable

18  transmission. The department shall prescribe by rule the

19  format and instructions necessary for such filing to ensure a

20  full collection of taxes due. The acceptable method of

21  transfer, the method, form, and content of the electronic data

22  interchange, and the means, if any, by which the taxpayer will

23  be provided with an acknowledgment shall be prescribed by the

24  department.

25         Section 35.  Section 443.163, Florida Statutes, is

26  created to read:

27         443.163  Electronic reporting.--An employer may choose

28  to file any report required by this chapter in a form

29  initiated through an electronic data interchange using an

30  advanced encrypted transmission by means of the Internet or

31  other suitable transmission. The division shall prescribe by

                                  40

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  rule the format and instructions necessary for such filing to

 2  ensure a full collection of contributions due. The acceptable

 3  method of transfer, the method, form, and content of the

 4  electronic data interchange, and the means, if any, by which

 5  the employer will be provided with an acknowledgment, shall be

 6  prescribed by the division.

 7         Section 36.  (1)  Whenever the governing body of a

 8  municipality that has created a downtown development district

 9  pursuant to chapter 65-1090, Laws of Florida, determines that

10  it is necessary to alter, amend, or expand the boundaries of

11  the established district by the inclusion of additional

12  territory or the exclusion of lands from the limits of the

13  established district, in order to revitalize and preserve

14  property values or to prevent deterioration in the original

15  district or its surrounding areas, it shall, by resolution,

16  declare its intention to do so.

17         (2)  In the resolution of intent, the governing body

18  shall set a date for a public hearing on adoption of an

19  ordinance altering, amending, or expanding the district and

20  describing the new proposed district.  Upon the adoption of

21  the resolution, the governing body shall cause a notice of the

22  public hearing to be published in a newspaper of general

23  circulation published in the municipality, which notice shall

24  be published one time not less than 30 nor more than 60 days

25  prior to the date of the hearing.  The notice shall set forth

26  the date, time, and place of the hearing and shall describe

27  the new proposed boundaries of the district.  Any citizen,

28  taxpayer, or property owner shall have the right to be heard

29  in opposition to the proposed amendment or expansion of the

30  district.  After the public hearing, if the governing body

31  intends to proceed with the amendment or expansion of the

                                  41

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  district, it shall, in the manner authorized by law, adopt an

 2  ordinance defining the new district. The governing body shall

 3  not incorporate land into the district not included in the

 4  description contained in the resolution and the notice of

 5  public hearing, but it may eliminate any lands from that

 6  description when it adopts the ordinance containing the final

 7  determination of the boundaries.

 8         Section 37.  If any provision of this act or the

 9  application thereof to any person or circumstance is held

10  invalid, the invalidity shall not affect other provisions or

11  applications of the act which can be given effect without the

12  invalid provision or application, and to this end the

13  provisions of this act are severable.

14         Section 38.  Except as otherwise provided herein, this

15  act shall take effect upon becoming a law.

16

17

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

19  And the title is amended as follows:

20  remove from the title of the bill:  the entire title

21

22  and insert in lieu thereof:

23                  A bill to be entitled

24         An act relating to tax administration; creating

25         s. 166.235, F.S.; providing procedures and

26         requirements for purchasers to obtain a refund

27         of or credit for municipal public service tax

28         collected in error; providing duties of sellers

29         and of municipalities; specifying that these

30         procedures must be exhausted before an action

31         may be brought; providing defenses and time

                                  42

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         limitations with respect to such actions;

 2         providing application and effect on pending

 3         litigation; amending s. 196.1975, F.S.;

 4         deleting provisions relating to conditions

 5         under which certain corporations qualify as a

 6         nonprofit home for the aged for ad valorem tax

 7         exemption purposes; specifying nonprofit homes

 8         for the aged to which such revision does not

 9         apply; repealing s. 198.12, F.S., which

10         requires a personal representative to give

11         preliminary notice of a decedent's death to the

12         Department of Revenue; amending s. 198.13,

13         F.S.; transferring to said section provisions

14         relating to issuance of a certificate by the

15         department that no estate taxes are owed, and

16         providing that said provisions apply when an

17         estate has filed a return; amending s. 198.23,

18         F.S., to conform; amending s. 198.26, F.S.;

19         removing limitations on those estates with

20         respect to which the personal representative

21         may not be discharged until all estate taxes

22         have been paid; specifying that the court may

23         consider the personal representative's

24         affidavit that the estate is not taxable;

25         amending s. 198.32, F.S.; providing that the

26         personal representative of an estate that is

27         not subject to estate tax and not required to

28         file a return may execute an affidavit to that

29         effect; amending s. 198.33, F.S.; conforming

30         provisions relating to when an estate is deemed

31         discharged of liability for estate taxes;

                                  43

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         amending s. 198.39, F.S.; providing a penalty

 2         for making a false statement in any affidavit

 3         under ch. 198, F.S.; amending s. 199.106, F.S.;

 4         revising the applicability of provisions which

 5         allow a credit against the annual intangible

 6         personal property tax for a like tax imposed by

 7         another state, a territory of the United

 8         States, or the District of Columbia; creating

 9         s. 201.165, F.S.; providing such a credit for a

10         like tax paid in such jurisdictions against any

11         excise tax on documents; providing for rules;

12         providing for retroactive application; amending

13         s. 212.02, F.S.; revising provisions relating

14         to the conditions under which the tax on sales,

15         use, and other transactions does not apply to

16         the sale of materials used in repairing a motor

17         vehicle, airplane, or boat; amending s. 212.04,

18         F.S.; specifying applicability to sellers of

19         admissions of the same penalties applicable to

20         dealers in tangible personal property for

21         failure to file returns, pay taxes, or maintain

22         or produce records under ch. 212, F.S.;

23         amending ss. 212.12 and 212.13, F.S.; revising

24         penalties for failure to file returns and for

25         false or fraudulent returns under ch. 212,

26         F.S.; providing penalties for subsequent

27         offenses involving destruction of records with

28         an intent to evade payment of tax; amending s.

29         212.11, F.S.; correcting a reference; creating

30         s. 213.757, F.S.; providing penalties for

31         willful failure to remit tax payments, and for

                                  44

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         intentional destruction of records to deprive

 2         the state of tax revenues, by a taxpayer's

 3         agent; amending s. 212.07, F.S.; providing

 4         requirements with respect to sales for resale

 5         and documentation thereof; amending s. 212.18,

 6         F.S.; providing for issuance of initial and

 7         annual resale certificates to active sales tax

 8         dealers; amending s. 213.053, F.S.; authorizing

 9         the Department of Revenue to disclose certain

10         information regarding registration certificate

11         numbers; directing the department to establish

12         a toll-free number for verification of

13         registration numbers and resale certificates,

14         to establish a system to receive information

15         from dealers regarding certificate numbers of

16         purchasers for resale, and to expand its dealer

17         education program regarding resale

18         certificates; providing appropriations and

19         authorizing positions; amending s. 212.08,

20         F.S.; revising provisions relating to the sales

21         tax exemption for charges for electricity or

22         steam used to operate machinery and equipment

23         under specified conditions; specifying

24         application of a condition relating to

25         percentage of use; providing intent; revising

26         provisions which specify application of tax to

27         the sale of a motor vehicle in this state to a

28         resident of another state; revising the time

29         period within which the purchaser must license

30         the vehicle in his or her home state and

31         providing construction regarding removal of the

                                  45

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         vehicle from this state; amending s. 213.27,

 2         F.S.; authorizing the executive director of the

 3         department to contract with vendors to develop

 4         and implement systems to enhance tax

 5         collections where compensation to the vendor is

 6         funded through increased tax collections;

 7         providing restrictions; providing for

 8         application of confidentiality requirements and

 9         providing a penalty; amending s. 213.67, F.S.;

10         specifying the amount of credits, other

11         personal property, or debts of a delinquent

12         taxpayer held by another person which are

13         subject to garnishment when the taxpayer has no

14         prior tax delinquencies; amending s. 220.03,

15         F.S.; updating references to the Internal

16         Revenue Code for corporate income tax purposes;

17         defining "citrus processing company"; amending

18         s. 220.151, F.S.; revising the method for

19         apportioning to this state for corporate income

20         tax the tax base of an insurance company whose

21         principal source of premiums is from

22         reinsurance policies; allowing certain citrus

23         processing companies to elect to determine the

24         apportionment of their adjusted federal income

25         to this state solely by use of the sales

26         factor; amending ss. 220.21, 220.221, and

27         220.222, F.S.; authorizing filing of corporate

28         income tax returns in a form initiated through

29         a telephonic or electronic data interchange;

30         providing duties of the department; amending

31         ss. 193.052 and 199.052, F.S.; authorizing

                                  46

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                                                   HOUSE AMENDMENT

    66-225AX-05            Bill No. CS for CS for SB 888, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         filing of tangible personal property and

 2         intangible personal property returns in a form

 3         initiated through electronic data interchange;

 4         providing duties of the department; creating s.

 5         443.163, F.S.; authorizing filing of required

 6         reports relating to unemployment compensation

 7         by employers in such form; providing duties of

 8         the Division of Unemployment Compensation;

 9         providing procedures for the alteration,

10         amendment, or expansion of the boundaries of

11         certain downtown development districts;

12         providing for notice and public hearing;

13         providing for severability; providing effective

14         dates.

15

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31

                                  47

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