Senate Bill 1570

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



    Florida Senate - 2000                                  SB 1570

    By Senator Cowin





    11-807-00

  1                      A bill to be entitled

  2         An act relating to taxation of intangible

  3         personal property; amending s. 199.185, F.S.;

  4         increasing the value of property that is

  5         exempted from the annual tax of taxpayers who

  6         are natural persons; providing an exemption

  7         from the annual tax for taxpayers that are not

  8         natural persons; amending s. 199.032, F.S.;

  9         providing an exemption from the tax for certain

10         intangible personal property that is secured by

11         mortgage, deed of trust, or other lien upon

12         real estate; repealing ss. 199.012, 199.023,

13         199.032, 199.033, 199.042, 199.052, 199.057,

14         199.062, 199.103, 199.104, 199.1055, 199.106,

15         199.133, 199.135, 199.143, 199.145, 199.155,

16         199.175, 199.183, 199.185, 199.202, 199.212,

17         199.218, 199.232, 199.262, 199.272, 199.282,

18         199.292, 199.303, F.S., relating to the tax on

19         intangible personal property; providing powers

20         and duties of the Department of Revenue with

21         respect to collection of unpaid taxes;

22         providing effective dates.

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

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26         Section 1.  Subsection (2) of section 199.185, Florida

27  Statutes, is amended to read:

28         199.185  Property exempted from annual and nonrecurring

29  taxes.--

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

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

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    Florida Senate - 2000                                  SB 1570
    11-807-00




  1  exemption of the first $250,000 $20,000 of the value of

  2  property otherwise subject to the said tax. On January 1,

  3  2001, a husband and wife filing jointly shall have an

  4  exemption of $500,000 $40,000.

  5         (b)  With respect to the annual tax, every taxpayer

  6  that is not a natural person is entitled to the exemption of

  7  $500,000 of the value of property otherwise subject to the tax

  8  on January 1, 2001 last 0.5 mill of the annual tax, every

  9  natural person is entitled each year to an exemption of the

10  first $100,000 of the value of property otherwise subject to

11  said tax. A husband and wife filing jointly shall have an

12  exemption of $200,000.

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14  Agents and fiduciaries, other than guardians and custodians

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

16  exemption on behalf of their principals or beneficiaries;

17  however, if the principal or beneficiary returns the property

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

19  principal or beneficiary may claim the exemption.  No taxpayer

20  shall be entitled to more than one exemption under this

21  subsection paragraph (a) and one exemption under paragraph

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

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

24         Section 2.  Section 199.032, Florida Statutes, is

25  amended to read:

26         199.032  Levy of annual tax.--An annual tax of 1.5

27  mills is imposed on each dollar of the just valuation of all

28  intangible personal property that has a taxable situs in this

29  state, except for notes and other obligations for the payment

30  of money, other than bonds, which are secured by mortgage,

31  deed of trust, or other lien upon real property situated in

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    Florida Senate - 2000                                  SB 1570
    11-807-00




  1  the state. This tax shall be assessed and collected as

  2  provided in this chapter. The first $250,000 of the value of

  3  the property subject to the tax is exempt on January 1, 2001.

  4         Section 3.  Effective January 1, 2002, sections

  5  199.012, 199.023, 199.032, 199.033, 199.042, 199.052, 199.057,

  6  199.062, 199.103, 199.104, 199.1055, 199.106, 199.133,

  7  199.135, 199.143, 199.145, 199.155, 199.175, 199.183, 199.185,

  8  199.202, 199.212, 199.218, 199.232, 199.262, 199.272, 199.282,

  9  199.292, and 199.303, Florida Statutes, are repealed.

10         Section 4.  The Department of Revenue is authorized to

11  take any action after January 1, 2002, which it was authorized

12  to take before that date to collect any tax that was due

13  before that date under chapter 199, Florida Statutes, and that

14  was unpaid, underpaid, or otherwise avoided.

15         Section 5.  Except as otherwise expressly provided in

16  this act, this act shall take effect January 1, 2001.

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19                          SENATE SUMMARY

20    Increases the exemption from the intangibles tax
      effective January 1, 2001, and the tax is completely
21    abolished on January 1, 2002. Allows the Department of
      Revenue to take action to collect after the latter date
22    taxes that were due but unpaid before that date.

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