Senate Bill 1648c1

    Florida Senate - 2000                           CS for SB 1648

    By the Committee on Fiscal Resource and Senator Kurth





    314-1911-00

  1                      A bill to be entitled

  2         An act relating to tax on sales, use, and other

  3         transactions; amending s. 212.12, F.S.;

  4         providing that, when a dealer's records are

  5         adequate but voluminous and the Department of

  6         Revenue statistically samples those records to

  7         determine the dealer's tax liability,

  8         overpayments shall be projected over the entire

  9         audit period, and the tax liability reduced or

10         refund made as necessary; providing intent;

11         providing an effective date.

12

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

14

15         Section 1.  Paragraph (c) of subsection (6) of section

16  212.12, Florida Statutes, is amended to read:

17         212.12  Dealer's credit for collecting tax; penalties

18  for noncompliance; powers of Department of Revenue in dealing

19  with delinquents; brackets applicable to taxable transactions;

20  records required.--

21         (6)

22         (c)1.  If the records of a dealer are adequate but

23  voluminous in nature and substance, the department may

24  statistically sample such records, except for fixed assets,

25  and project the audit findings derived therefrom over the

26  entire audit period to determine the proportion that taxable

27  retail sales bear to total retail sales or the proportion that

28  taxable purchases bear to total purchases.  In order to

29  conduct such a sample, the department must first make a good

30  faith effort to reach an agreement with the dealer, which

31  agreement provides for the means and methods to be used in the

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






    Florida Senate - 2000                           CS for SB 1648
    314-1911-00




  1  sampling process.  In the event that no agreement is reached,

  2  the dealer is entitled to a review by the executive director.

  3         2.  For the purposes of sampling pursuant to

  4  subparagraph 1. the department shall project any deficiencies

  5  and overpayments derived therefrom over the entire audit

  6  period. In determining the dealer's compliance, the department

  7  shall reduce any tax deficiency as derived from the sample by

  8  the amount of any overpayment derived from the sample. If the

  9  department determines from the sample results that the dealer

10  has a net tax overpayment, the department shall provide the

11  findings of this overpayment to the Comptroller for repayment

12  of funds paid into the State Treasury through error pursuant

13  to s. 215.26.

14         Section 2.  It is the intent of the Legislature that

15  this act clarify rather than change existing law. Further,

16  this act shall apply to all tax periods that are still open

17  for assessment or refund when this act takes effect, including

18  tax periods that are the subject of assessment or refund

19  claims that are pending in administrative or judicial

20  proceedings when this act takes effect.

21         Section 3.  This act shall take effect upon becoming a

22  law.

23

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                             SB 1648

26

27  Provides intent language that this act clarifies rather than
    changes existing law. Also, the amendment specifies that this
28  act shall apply to all tax periods that are still open for
    assessment of refund when this act takes effect.
29

30

31

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