House Bill 0187

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    Florida House of Representatives - 2000                 HB 187

        By Representative Starks






  1                      A bill to be entitled

  2         An act relating to intangible personal property

  3         taxes; amending s. 199.032, F.S.; reducing the

  4         rate of the annual tax; amending s. 199.033,

  5         F.S.; reducing the rates of the tax on

  6         securities in a Florida's Future Investment

  7         Fund to conform; amending s. 199.185, F.S.;

  8         providing that all accounts receivable are

  9         exempt from intangible personal property taxes;

10         revising the application of the exemption from

11         the annual tax granted to natural persons;

12         providing an effective date.

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

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16         Section 1.  Section 199.032, Florida Statutes, is

17  amended to read:

18         199.032  Levy of annual tax.--An annual tax of 1 mill

19  1.5 mills is imposed on each dollar of the just valuation of

20  all intangible personal property that has a taxable situs in

21  this state, except for notes and other obligations for the

22  payment of money, other than bonds, which are secured by

23  mortgage, deed of trust, or other lien upon real property

24  situated in the state. This tax shall be assessed and

25  collected as provided in this chapter.

26         Section 2.  Subsection (1) of section 199.033, Florida

27  Statutes, is amended to read:

28         199.033  Securities in a Florida's Future Investment

29  Fund; tax rate.--

30         (1)  Notwithstanding the provisions of this chapter,

31  the tax imposed under s. 199.032 on securities in a Florida's

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    Florida House of Representatives - 2000                 HB 187

    204-194A-00






  1  Future Investment Fund shall apply at the rate of .85 mill

  2  1.35 mills when the average daily balance in such funds

  3  exceeds $2 billion and at the rate of .70 mill 1.20 mills when

  4  the average daily balance in such funds exceeds $5 billion.

  5         Section 3.  Paragraph (l) of subsection (1) and

  6  paragraph (a) of subsection (2) of section 199.185, Florida

  7  Statutes, are amended to read:

  8         199.185  Property exempted from annual and nonrecurring

  9  taxes.--

10         (1)  The following intangible personal property shall

11  be exempt from the annual and nonrecurring taxes imposed by

12  this chapter:

13         (l)  All Two-thirds of the accounts receivable arising

14  or acquired in the ordinary course of a trade or business

15  which are owned, controlled, or managed by a taxpayer on

16  January 1, 2000, and thereafter. It is the intent of the

17  Legislature that, pursuant to future legislative action, the

18  portion of such accounts receivable exempt from taxation be

19  increased to all such accounts receivable on January 1, 2001,

20  and thereafter. This exemption does not apply to accounts

21  receivable that arise outside the taxpayer's ordinary course

22  of trade or business. For the purposes of this chapter, the

23  term "accounts receivable" means a business debt that is owed

24  by another to the taxpayer or the taxpayer's assignee in the

25  ordinary course of trade or business and is not supported by

26  negotiable instruments. Accounts receivable include, but are

27  not limited to, credit card receivables, charge card

28  receivables, credit receivables, margin receivables, inventory

29  or other floor plan financing, lease payments past due,

30  conditional sales contracts, retail installment sales

31  agreements, financing lease contracts, and a claim against a

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    Florida House of Representatives - 2000                 HB 187

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  1  debtor usually arising from sales or services rendered and

  2  which is not necessarily due or past due. The examples

  3  specified in this paragraph shall be deemed not to be

  4  supported by negotiable instruments. The term "negotiable

  5  instrument" means a written document that is legally capable

  6  of being transferred by indorsement or delivery. The term

  7  "indorsement" means the act of a payee or holder in writing

  8  his or her name on the back of an instrument without further

  9  qualifying words other than "pay to the order of" or "pay to"

10  whereby the property is assigned and transferred to another.

11         (2)(a)  With respect to the first 0.5 mill of the

12  annual tax, every natural person is entitled each year to an

13  exemption of the first $20,000 of the value of property

14  otherwise subject to said tax.  A husband and wife filing

15  jointly shall have an exemption of $40,000.

16         (b)  With respect to the last 0.5 mill of the annual

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

18  exemption of the first $100,000 of the value of property

19  otherwise subject to said tax. A husband and wife filing

20  jointly shall have an exemption of $200,000.

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22  Agents and fiduciaries, other than guardians and custodians

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

24  exemption on behalf of their principals or beneficiaries;

25  however, if the principal or beneficiary returns the property

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

27  principal or beneficiary may claim the exemption.  No taxpayer

28  shall be entitled to more than one exemption under paragraph

29  (a) and one exemption under paragraph (b).  This exemption

30  shall not apply to that intangible personal property described

31  in s. 199.023(1)(d).

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    Florida House of Representatives - 2000                 HB 187

    204-194A-00






  1         Section 4.  This act shall take effect January 1, 2001.

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  4                          HOUSE SUMMARY

  5
      Reduces the rate of the annual intangible tax from 1.5
  6    mills to 1 mill, and revises the application of the
      exemption granted to natural persons to conform.
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  8    Implements legislative intent that the last one-third of
      accounts receivable become exempt from intangible
  9    personal property taxes on January 1, 2001. Present law
      exempts two-thirds and expresses the intent that all
10    accounts receivable be exempt beginning on that date.

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