House Bill 4059e1

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                                          HB 4059, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         193.621(3), F.S., relating to assessment of

  8         certain manufacturing or industrial plants or

  9         facilities demolished and reconstructed for

10         pollution control purposes; repealing s.

11         196.1976, F.S., relating to the severability of

12         ss. 196.1975 and 196.197(1) or (2), F.S., which

13         relate to an ad valorem tax exemption for

14         certain nonprofit homes for the aged,

15         hospitals, nursing homes, and homes for special

16         services; repealing s. 197.448, F.S., relating

17         to cancellation of tax certificates on riparian

18         rights separate from land; repealing s.

19         199.052(11), F.S., relating to intangible tax

20         return requirements for banking organizations

21         with respect to intangible personal property

22         resulting from international banking

23         transactions; repealing s. 206.435, F.S.,

24         relating to remittance of unpaid tax by

25         wholesalers, terminal suppliers, retail

26         dealers, and former special fuel dealers having

27         motor or taxable diesel fuel inventory;

28         amending s. 206.97, F.S.; removing a cross

29         reference, to conform; repealing s.

30         206.9935(3)(c), F.S., relating to scheduled

31         legislative review of the tax for inland


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                                          HB 4059, First Engrossed



  1         protection; amending s. 211.025, F.S.; deleting

  2         an obsolete gas tax rate; amending s. 211.026,

  3         F.S.; deleting an obsolete sulfur tax rate;

  4         repealing s. 212.0305(3)(g), F.S., relating to

  5         authority to employee persons and incur other

  6         expenses from funds appropriated therefor for

  7         administration of the Convention Development

  8         Tax Act; amending s. 213.015, F.S.; revising a

  9         cross reference, to conform; amending s.

10         212.04, F.S.; deleting an exemption from

11         admissions tax imposed but not collected prior

12         to a specified date for any museum or historic

13         building owned by a political subdivision of

14         the state; repealing s. 212.0599, F.S.,

15         relating to rules which implement ch. 87-548,

16         Laws of Florida; amending s. 212.08, F.S., and

17         repealing paragraph (hh) of subsection (7),

18         relating to a tax exemption on sales of

19         electric vehicles; deleting an obsolete

20         reporting requirement in a tax exemption

21         provision relating to charges for certain

22         electricity or steam uses; amending s. 414.029,

23         F.S.; revising a cross reference, to conform;

24         amending ss. 212.097 and 212.098, F.S.;

25         deleting obsolete provisions relating to

26         application submission dates; repealing s.

27         212.20(7), F.S., relating to the use of funds

28         allocated to the Solid Waste Management Trust

29         Fund for the 1999-2000 fiscal year; repealing

30         s. 212.215, F.S., the Fairness in Retail Sales

31         Taxation Act; repealing s. 213.01, F.S.,


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                                          HB 4059, First Engrossed



  1         relating to intent with respect to state

  2         revenue laws; repealing s. 213.065, F.S.,

  3         relating to intent with respect to rule

  4         adoption to implement ch. 89-171, Laws of

  5         Florida; repealing s. 213.066, F.S., relating

  6         to rule adoption to implement ch. 92-319, Laws

  7         of Florida; amending s. 215.3208, F.S.;

  8         deleting obsolete scheduling provisions

  9         relating to review of trust funds scheduled for

10         termination; repealing s. 215.821, F.S.,

11         relating to effect of adoption of the State

12         Bond Act on the issuance of bonds by state

13         agencies; repealing s. 220.18, F.S., relating

14         to the gasohol development tax incentive

15         credit; repealing ss. 193.076, 193.085(5), and

16         195.073(4), F.S., relating to notice of

17         expansion, assessment of expansion-related or

18         rebuilt property, and classification of

19         property as prior existing or expanded or

20         rebuilt, respectively, to conform; amending s.

21         193.077, F.S.; revising a cross reference, to

22         conform; repealing s. 220.188, F.S., relating

23         to the export finance corporation investment

24         credit; amending s. 220.02, F.S., and repealing

25         subsection (6), relating to intent with respect

26         to the gasohol development tax incentive

27         credit; removing cross references, to conform;

28         amending ss. 220.181, 220.182, 220.184,

29         220.1845, 220.1895, and 220.19, F.S.; revising

30         cross references, to conform; amending s.

31         220.03, F.S., and repealing paragraphs


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                                          HB 4059, First Engrossed



  1         (1)(dd)-(ff), relating to definitions

  2         applicable to provisions governing the export

  3         finance corporation investment credit; deleting

  4         definitions relating to the gasohol development

  5         tax incentive credit; revising a cross

  6         reference, to conform; providing effective

  7         dates.

  8

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

10

11         Section 1.  Subsection (3) of section 193.621, Florida

12  Statutes, is repealed.

13         Section 2.  Section 196.1976, Florida Statutes, is

14  repealed.

15         Section 3.  Section 197.448, Florida Statutes, is

16  repealed.

17         Section 4.  Effective July 1, 2000, subsection (11) of

18  section 199.052, Florida Statutes, is repealed.

19         Section 5.  Section 206.435, Florida Statutes, is

20  repealed.

21         Section 6.  Section 206.97, Florida Statutes, is

22  amended to read:

23         206.97  Applicability of specified sections of part

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

25  206.028, 206.04, 206.051, 206.052, 206.054, 206.055, 206.07,

26  206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12,

27  206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18,

28  206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22,

29  206.23, 206.24, 206.25, 206.27, 206.28, 206.41, 206.416,

30  206.43, 206.435, 206.44, 206.48, 206.49, 206.56, 206.59,

31  206.606, 206.608, 206.61, and 206.62 of part I of this chapter


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                                          HB 4059, First Engrossed



  1  shall, as far as lawful or practicable, be applicable to the

  2  tax herein levied and imposed and to the collection thereof as

  3  if fully set out in this part. However, no provision of any

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

  5  this part.

  6         Section 7.  Paragraph (c) of subsection (3) of section

  7  206.9935, Florida Statutes, is repealed.

  8         Section 8.  Subsection (1) of section 211.025, Florida

  9  Statutes, is amended to read:

10         211.025  Gas production tax; basis and rate of tax.--An

11  excise tax is hereby levied upon every person who severs gas

12  in the state for sale, transport, profit, or commercial use.

13  Except as otherwise provided in this part, the tax shall be

14  levied on the basis of the entire production of gas in this

15  state, including any royalty interest.  Such tax shall accrue

16  at the time the gas is severed and shall be a lien on

17  production regardless of the place of sale, to whom sold, or

18  by whom used and regardless of the fact that delivery of the

19  gas may be made outside the state.

20         (1)  The amount of tax shall be determined by the

21  volume, in mcf, of gas produced and sold or used by a producer

22  during the month, measured at the point where the gas is

23  identifiable as to kind and quality and is capable of being

24  transported for further use or processing, subject to the gas

25  tax rate established in this section. following rates:

26         (a)  For the period July 1, 1986, through June 30,

27  1987, the gas tax rate shall be $0.162 per mcf; and,

28         (b)  For each the fiscal year beginning July 1, 1987,

29  and subsequent fiscal years, the gas tax rate shall be the gas

30  base rate times the gas base rate adjustment for the fiscal

31  year, as calculated by the department under subsection (3).


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                                          HB 4059, First Engrossed



  1         Section 9.  Subsection (1) of section 211.026, Florida

  2  Statutes, is amended to read:

  3         211.026  Sulfur production tax; basis and rate of

  4  tax.--An excise tax is hereby levied upon every person who

  5  severs sulfur in this state for sale, transport, storage,

  6  profit, or commercial use.  Except as otherwise provided in

  7  this part, such tax shall be levied on the basis of the entire

  8  production of sulfur in this state, including any royalty

  9  interest.  Such tax shall accrue at the time of severance of

10  the gas from which the sulfur is produced and shall be a lien

11  on production regardless of the place of sale, to whom sold,

12  or by whom used and regardless of the fact that delivery may

13  be made outside the state.

14         (1)  The amount of tax shall be determined by the long

15  tons of sulfur produced or recovered by a producer during the

16  month from the hydrogen sulfide gas contained in oil or gas

17  production from a well, measured at the point where the sulfur

18  is in its molten, elemental state, and is capable of being

19  sold, delivered, transported, or stored, subject to the sulfur

20  tax rate established in this section. following rates:

21         (a)  For the period July 1, 1986, through June 30,

22  1987, the sulfur tax rate shall be $2.81 per long ton; and

23         (b)  For each the fiscal year beginning July 1, 1987,

24  and subsequent fiscal years, the sulfur tax rate shall be the

25  sulfur base rate times the sulfur base rate adjustment for the

26  fiscal year, as calculated by the department under subsection

27  (3).

28         Section 10.  Paragraph (g) of subsection (3) of section

29  212.0305, Florida Statutes, is repealed.

30         Section 11.  Subsection (6) of section 213.015, Florida

31  Statutes, is amended to read:


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                                          HB 4059, First Engrossed



  1         213.015  Taxpayer rights.--There is created a Florida

  2  Taxpayer's Bill of Rights to guarantee that the rights,

  3  privacy, and property of Florida taxpayers are adequately

  4  safeguarded and protected during tax assessment, collection,

  5  and enforcement processes administered under the revenue laws

  6  of this state.  The Taxpayer's Bill of Rights compiles, in one

  7  document, brief but comprehensive statements which explain, in

  8  simple, nontechnical terms, the rights and obligations of the

  9  Department of Revenue and taxpayers.  The rights afforded

10  taxpayers to assure that their privacy and property are

11  safeguarded and protected during tax assessment and collection

12  are available only insofar as they are implemented in other

13  parts of the Florida Statutes or rules of the Department of

14  Revenue. The rights so guaranteed Florida taxpayers in the

15  Florida Statutes and the departmental rules are:

16         (6)  The right to be informed of impending collection

17  actions which require sale or seizure of property or freezing

18  of assets, except jeopardy assessments, and the right to at

19  least 30 days' notice in which to pay the liability or seek

20  further review (see ss. 198.20, 199.262, 201.16, 206.075,

21  206.24, 211.125(5), 212.03(5), 212.0305(3)(j)(k), 212.04(7),

22  212.14(1), 213.73(3), 213.731, and 220.739).

23         Section 12.  Paragraph (a) of subsection (2) of section

24  212.04, Florida Statutes, is amended to read:

25         212.04  Admissions tax; rate, procedure, enforcement.--

26         (2)(a)1.  No tax shall be levied on admissions to

27  athletic or other events sponsored by elementary schools,

28  junior high schools, middle schools, high schools, community

29  colleges, public or private colleges and universities, deaf

30  and blind schools, facilities of the youth services programs

31  of the Department of Children and Family Services, and state


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                                          HB 4059, First Engrossed



  1  correctional institutions when only student, faculty, or

  2  inmate talent is used. However, this exemption shall not apply

  3  to admission to athletic events sponsored by an institution

  4  within the State University System, and the proceeds of the

  5  tax collected on such admissions shall be retained and used by

  6  each institution to support women's athletics as provided in

  7  s. 240.533(3)(c).

  8         2.a.  No tax shall be levied on dues, membership fees,

  9  and admission charges imposed by not-for-profit sponsoring

10  organizations. To receive this exemption, the sponsoring

11  organization must qualify as a not-for-profit entity under the

12  provisions of s. 501(c)(3) of the Internal Revenue Code of

13  1954, as amended.

14         b.  No tax imposed by this section and not actually

15  collected before August 1, 1992, shall be due from any museum

16  or historic building owned by any political subdivision of the

17  state.

18         3.  No tax shall be levied on an admission paid by a

19  student, or on the student's behalf, to any required place of

20  sport or recreation if the student's participation in the

21  sport or recreational activity is required as a part of a

22  program or activity sponsored by, and under the jurisdiction

23  of, the student's educational institution, provided his or her

24  attendance is as a participant and not as a spectator.

25         4.  No tax shall be levied on admissions to the

26  National Football League championship game, on admissions to

27  any semifinal game or championship game of a national

28  collegiate tournament, or on admissions to a Major League

29  Baseball all-star game.

30         5.  A participation fee or sponsorship fee imposed by a

31  governmental entity as described in s. 212.08(6) for an


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                                          HB 4059, First Engrossed



  1  athletic or recreational program is exempt when the

  2  governmental entity by itself, or in conjunction with an

  3  organization exempt under s. 501(c)(3) of the Internal Revenue

  4  Code of 1954, as amended, sponsors, administers, plans,

  5  supervises, directs, and controls the athletic or recreational

  6  program.

  7         6.  Also exempt from the tax imposed by this section to

  8  the extent provided in this subparagraph are admissions to

  9  live theater, live opera, or live ballet productions in this

10  state which are sponsored by an organization that has received

11  a determination from the Internal Revenue Service that the

12  organization is exempt from federal income tax under s.

13  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

14  the organization actively participates in planning and

15  conducting the event, is responsible for the safety and

16  success of the event, is organized for the purpose of

17  sponsoring live theater, live opera, or live ballet

18  productions in this state, has more than 10,000 subscribing

19  members and has among the stated purposes in its charter the

20  promotion of arts education in the communities which it

21  serves, and will receive at least 20 percent of the net

22  profits, if any, of the events which the organization sponsors

23  and will bear the risk of at least 20 percent of the losses,

24  if any, from the events which it sponsors if the organization

25  employs other persons as agents to provide services in

26  connection with a sponsored event. Prior to March 1 of each

27  year, such organization may apply to the department for a

28  certificate of exemption for admissions to such events

29  sponsored in this state by the organization during the

30  immediately following state fiscal year. The application shall

31  state the total dollar amount of admissions receipts collected


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                                          HB 4059, First Engrossed



  1  by the organization or its agents from such events in this

  2  state sponsored by the organization or its agents in the year

  3  immediately preceding the year in which the organization

  4  applies for the exemption. Such organization shall receive the

  5  exemption only to the extent of $1.5 million multiplied by the

  6  ratio that such receipts bear to the total of such receipts of

  7  all organizations applying for the exemption in such year;

  8  however, in no event shall such exemption granted to any

  9  organization exceed 6 percent of such admissions receipts

10  collected by the organization or its agents in the year

11  immediately preceding the year in which the organization

12  applies for the exemption. Each organization receiving the

13  exemption shall report each month to the department the total

14  admissions receipts collected from such events sponsored by

15  the organization during the preceding month and shall remit to

16  the department an amount equal to 6 percent of such receipts

17  reduced by any amount remaining under the exemption. Tickets

18  for such events sold by such organizations shall not reflect

19  the tax otherwise imposed under this section.

20         7.  Also exempt from the tax imposed by this section

21  are entry fees for participation in freshwater fishing

22  tournaments.

23         8.  Also exempt from the tax imposed by this section

24  are participation or entry fees charged to participants in a

25  game, race, or other sport or recreational event if spectators

26  are charged a taxable admission to such event.

27         9.  No tax shall be levied on admissions to any

28  postseason collegiate football game sanctioned by the National

29  Collegiate Athletic Association.

30         Section 13.  Section 212.0599, Florida Statutes, is

31  repealed.


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                                          HB 4059, First Engrossed



  1         Section 14.  Effective July 1, 2000, paragraph (hh) of

  2  subsection (7) of section 212.08, Florida Statutes, is

  3  repealed, paragraph (ii) of said subsection is redesignated as

  4  paragraph (hh) and amended, and paragraphs (jj) through (fff)

  5  of said subsection are redesignated as paragraphs (ii) through

  6  (eee), respectively, to read:

  7         212.08  Sales, rental, use, consumption, distribution,

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

  9  the rental, the use, the consumption, the distribution, and

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

11  following are hereby specifically exempt from the tax imposed

12  by this chapter.

13         (7)  MISCELLANEOUS EXEMPTIONS.--

14         (hh)(ii)  Certain electricity or steam uses.--

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

16  charges for electricity or steam used to operate machinery and

17  equipment at a fixed location in this state when such

18  machinery and equipment is used to manufacture, process,

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

20  personal property for sale, or to operate pollution control

21  equipment, recycling equipment, maintenance equipment, or

22  monitoring or control equipment used in such operations are

23  exempt to the extent provided in this paragraph. If 75 percent

24  or more of the electricity or steam used at the fixed location

25  is used to operate qualifying machinery or equipment, 100

26  percent of the charges for electricity or steam used at the

27  fixed location are exempt. If less than 75 percent but 50

28  percent or more of the electricity or steam used at the fixed

29  location is used to operate qualifying machinery or equipment,

30  50 percent of the charges for electricity or steam used at the

31  fixed location are exempt. If less than 50 percent of the


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                                          HB 4059, First Engrossed



  1  electricity or steam used at the fixed location is used to

  2  operate qualifying machinery or equipment, none of the charges

  3  for electricity or steam used at the fixed location are

  4  exempt.

  5         2.  This exemption applies only to industries

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

  7  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  8  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

  9  in this paragraph, "SIC" means those classifications contained

10  in the Standard Industrial Classification Manual, 1987, as

11  published by the Office of Management and Budget, Executive

12  Office of the President.

13         3.  Possession by a seller of a written certification

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

15  exemption permitted by this subsection, relieves the seller

16  from the responsibility of collecting the tax on the

17  nontaxable amounts, and the department shall look solely to

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

19  the purchaser was not entitled to the exemption.

20         4.  Such exemption shall be applied as follows:

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

22  for such electricity shall be exempt.

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

24  for such electricity shall be exempt.

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

26  for such electricity or steam shall be exempt.

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

28  for such electricity or steam shall be exempt.

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

30  for such electricity or steam shall be exempt.

31


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                                          HB 4059, First Engrossed



  1         5.  Notwithstanding any other provision in this

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

  3  provided in this paragraph a taxpayer must first register with

  4  the WAGES Program Business Registry established by the local

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

  6  Such registration establishes a commitment on the part of the

  7  taxpayer to hire WAGES program participants to the maximum

  8  extent possible consistent with the nature of their business.

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

10  provided in this paragraph from the tax on charges for

11  electricity or steam has an effect on retaining or attracting

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

13  and Government Accountability shall periodically monitor and

14  report on the industries receiving the exemption.

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

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

17  specifically determine the number of companies within each SIC

18  Industry Major Group receiving the exemption as of September

19  1, 1996, and the number of individuals employed by companies

20  within each SIC Industry Major Group receiving the exemption

21  as of September 1, 1996.

22         b.c.  The second report shall be submitted no later

23  than January 1, 2001, and must be comprehensive in scope, but,

24  at a minimum, must be conducted in such a manner as to

25  specifically determine the number of companies within each SIC

26  Industry Major Group receiving the exemption as of September

27  1, 2000, the number of individuals employed by companies

28  within each SIC Industry Major Group receiving the exemption

29  as of September 1, 2000, whether the change, if any, in such

30  number of companies or employees is attributable to the

31  exemption provided in this paragraph, whether it would be


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                                          HB 4059, First Engrossed



  1  sound public policy to continue or discontinue the exemption,

  2  and the consequences of doing so.

  3         c.d.  The report Both reports shall be submitted to the

  4  President of the Senate, the Speaker of the House of

  5  Representatives, the Senate Minority Leader, and the House

  6  Minority Leader.

  7         Section 15.  Section 414.029, Florida Statutes, is

  8  amended to read:

  9         414.029  WAGES Program Business Registry.--Each local

10  WAGES coalition created pursuant to s. 414.028 must establish

11  a business registry for business firms committed to assist in

12  the effort of finding jobs for WAGES Program participants.

13  Registered businesses agree to work with the coalition and to

14  hire WAGES Program participants to the maximum extent possible

15  consistent with the nature of their business.  Each quarter,

16  the coalition must publish a list of businesses registered as

17  a prerequisite for receiving a tax exemption provided under s.

18  212.08(5)(b) or (7)(hh)(ii) and the number of jobs each has

19  provided for program participants.

20         Section 16.  Subsection (18) of section 212.097,

21  Florida Statutes, is repealed.

22         Section 17.  Subsection (14) of section 212.098,

23  Florida Statutes, is repealed.

24         Section 18.  Effective July 1, 2000, subsection (7) of

25  section 212.20, Florida Statutes, is repealed.

26         Section 19.  Section 212.215, Florida Statutes, is

27  repealed.

28         Section 20.  Section 213.01, Florida Statutes, is

29  repealed.

30         Section 21.  Section 213.065, Florida Statutes, is

31  repealed.


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                                          HB 4059, First Engrossed



  1         Section 22.  Section 213.066, Florida Statutes, is

  2  repealed.

  3         Section 23.  Section 215.3208, Florida Statutes, is

  4  amended to read:

  5         215.3208  Trust funds; schedule for termination;

  6  legislative review.--

  7         (1)  Except for those trust funds exempt from automatic

  8  termination pursuant to the provisions of s. 19(f)(3), Art.

  9  III of the State Constitution, trust funds administered by the

10  following entities shall be reviewed and may be terminated or

11  re-created by the Legislature, as appropriate, during the

12  regular session of the Legislature in the year indicated:

13         (a)  In 1994:

14         1.  Department of Corrections.

15         2.  Department of Highway Safety and Motor Vehicles.

16         3.  Department of Law Enforcement.

17         4.  Department of Legal Affairs.

18         5.  Department of the Lottery.

19         6.  Department of Management Services.

20         7.  Department of Military Affairs.

21         8.  Department of Transportation.

22         9.  Game and Fresh Water Fish Commission.

23         10.  Judicial branch.

24         11.  Justice Administrative Commission.

25         12.  Parole Commission.

26         (b)  In 1995:

27         1.  Department of Agriculture and Consumer Services.

28         2.  Department of Banking and Finance.

29         3.  Department of Citrus.

30         4.  Department of Education.

31         5.  Department of Environmental Protection.


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                                          HB 4059, First Engrossed



  1         6.  Department of Revenue.

  2         7.  Executive Office of the Governor.

  3         8.  Florida Public Service Commission.

  4         (c)  In 1996:

  5         1.  Agency for Health Care Administration.

  6         2.  Commission on Ethics.

  7         3.  Department of Business and Professional Regulation.

  8         4.  Department of Children and Family Services.

  9         5.  Department of Commerce.

10         6.  Department of Community Affairs.

11         7.  Department of Elderly Affairs.

12         8.  Department of Health.

13         9.  Department of Insurance.

14         10.  Department of Juvenile Justice.

15         11.  Department of Labor and Employment Security.

16         12.  Department of State.

17         13.  Department of Veterans' Affairs.

18         14.  Legislative branch.

19         (2)  All other trust funds not administered by the

20  entities listed in subsection (1) and not exempt from

21  automatic termination pursuant to the provisions of s.

22  19(f)(3), Art. III of the State Constitution shall be reviewed

23  and may be terminated or re-created by the Legislature, as

24  appropriate, during the 1996 Regular Session of the

25  Legislature.

26         (1)(3)  For the purpose of reviewing trust funds prior

27  to their automatic termination pursuant to the provisions of

28  s. 19(f)(2), Art. III of the State Constitution purposes of

29  this section, the Legislature shall review the trust funds as

30  they are identified by a unique 6-digit code in the Florida

31  Accounting Information Resource Subsystem at a level composed


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                                          HB 4059, First Engrossed



  1  of the 2-digit organization level 1, the 1-digit state fund

  2  type 2, and the first three digits of the fund identifier.

  3  When a statutorily created trust fund that was in existence on

  4  November 4, 1992, has more than one 6-digit code, the

  5  Legislature may treat it as a single trust fund for the

  6  purposes of this section. The Legislature may also conduct its

  7  review concerning accounts within such trust funds.

  8         (2)(4)(a)  When the Legislature terminates a trust

  9  fund, the agency or branch of state government that

10  administers the trust fund shall pay any outstanding debts or

11  obligations of the trust fund as soon as practicable, and the

12  Comptroller shall close out and remove the trust fund from the

13  various state accounting systems, using generally accepted

14  accounting principles concerning assets, liabilities, and

15  warrants outstanding.

16         (b)  If the Legislature determines to terminate a trust

17  fund, it may provide for the distribution of moneys in that

18  trust fund. If such a distribution is not provided, the moneys

19  remaining after all outstanding obligations of the trust fund

20  are met shall be deposited in the General Revenue Fund.

21         Section 24.  Section 215.821, Florida Statutes, is

22  repealed.

23         Section 25.  Section 220.18, Florida Statutes, is

24  repealed.

25         Section 26.  Section 193.076, subsection (5) of section

26  193.085, and subsection (4) of section 195.073, Florida

27  Statutes, are repealed.

28         Section 27.  Subsection (3) of section 193.077, Florida

29  Statutes, is amended to read:

30         193.077  Notice of new, rebuilt, or expanded

31  property.--


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                                          HB 4059, First Engrossed



  1         (3)  Within 10 days of extension or recertification of

  2  the assessment rolls pursuant to s. 193.122, whichever is

  3  later, the property appraiser shall forward to the department

  4  a list of all property of new businesses and property

  5  separately assessed as expansion-related or rebuilt property

  6  pursuant to s. 193.085(5)(6)(a). The list shall include the

  7  name and address of the business to which the property is

  8  assessed, the assessed value of the property, the total taxes

  9  levied against the property, the identifying number for the

10  property as shown on the assessment roll, and a description of

11  the property.

12         Section 28.  Section 220.188, Florida Statutes, is

13  repealed.

14         Section 29.  Subsection (6) of section 220.02, Florida

15  Statutes, is repealed, and subsection (10) of said section is

16  renumbered and amended to read:

17         220.02  Legislative intent.--

18         (9)(10)  It is the intent of the Legislature that

19  credits against either the corporate income tax or the

20  franchise tax be applied in the following order: those

21  enumerated in s. 220.68, those enumerated in s. 220.18, those

22  enumerated in s. 631.828, those enumerated in s. 220.191,

23  those enumerated in s. 220.181, those enumerated in s.

24  220.183, those enumerated in s. 220.182, those enumerated in

25  s. 220.1895, those enumerated in s. 221.02, those enumerated

26  in s. 220.184, those enumerated in s. 220.186, those

27  enumerated in s. 220.188, those enumerated in s. 220.1845,

28  those enumerated in s. 220.19, and those enumerated in s.

29  220.185.

30         Section 30.  Effective July 1, 2000, subsection (9) of

31  section 220.02, Florida Statutes, as renumbered by this act


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                                          HB 4059, First Engrossed



  1  and amended by chapter 99-378, Laws of Florida, is amended to

  2  read:

  3         220.02  Legislative intent.--

  4         (9)  It is the intent of the Legislature that credits

  5  against either the corporate income tax or the franchise tax

  6  be applied in the following order: those enumerated in s.

  7  220.18, those enumerated in s. 631.828, those enumerated in s.

  8  220.191, those enumerated in s. 220.181, those enumerated in

  9  s. 220.183, those enumerated in s. 220.182, those enumerated

10  in s. 220.1895, those enumerated in s. 221.02, those

11  enumerated in s. 220.184, those enumerated in s. 220.186,

12  those enumerated in s. 220.188, those enumerated in s.

13  220.1845, those enumerated in s. 220.19, and those enumerated

14  in s. 220.185.

15         Section 31.  Paragraph (c) of subsection (1) of section

16  220.181, Florida Statutes, is amended to read:

17         220.181  Enterprise zone jobs credit.--

18         (1)

19         (c)  If this credit is not fully used in any one year,

20  the unused amount may be carried forward for a period not to

21  exceed 5 years. The carryover credit may be used in a

22  subsequent year when the tax imposed by this chapter for such

23  year exceeds the credit for such year after applying the other

24  credits and unused credit carryovers in the order provided in

25  s. 220.02(9)(10).

26         Section 32.  Subsection (1) of section 220.182, Florida

27  Statutes, is amended to read:

28         220.182  Enterprise zone property tax credit.--

29         (1)(a)  Beginning July 1, 1995, there shall be allowed

30  a credit against the tax imposed by this chapter to any

31  business which establishes a new business as defined in s.


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                                          HB 4059, First Engrossed



  1  220.03(1)(p)2., expands an existing business as defined in s.

  2  220.03(1)(k)2., or rebuilds an existing business as defined in

  3  s. 220.03(1)(u) in this state. The credit shall be computed

  4  annually as ad valorem taxes paid in this state, in the case

  5  of a new business; the additional ad valorem tax paid in this

  6  state resulting from assessments on additional real or

  7  tangible personal property acquired to facilitate the

  8  expansion of an existing business; or the ad valorem taxes

  9  paid in this state resulting from assessments on property

10  replaced or restored, in the case of a rebuilt business,

11  including pollution and waste control facilities, or any part

12  thereof, and including one or more buildings or other

13  structures, machinery, fixtures, and equipment.

14         (b)  If the credit granted pursuant to this section is

15  not fully used in any one year, the unused amount may be

16  carried forward for a period not to exceed 5 years. The

17  carryover credit may be used in a subsequent year when the tax

18  imposed by this chapter for such year exceeds the credit for

19  such year under this section after applying the other credits

20  and unused credit carryovers in the order provided in s.

21  220.02(9)(10). The amount of credit taken under this section

22  in any one year, however, shall not exceed $25,000, or, if no

23  less than 20 percent of the employees of the business are

24  residents of an enterprise zone, excluding temporary

25  employees, the amount shall not exceed $50,000.

26         Section 33.  Subsection (3) of section 220.184, Florida

27  Statutes, is amended to read:

28         220.184  Hazardous waste facility tax credit.--

29         (3)  If any credit granted pursuant to this section is

30  not fully used in the first year for which it becomes

31  available, the unused amount may be carried forward for a


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                                          HB 4059, First Engrossed



  1  period not to exceed 5 years.  The carryover may be used in a

  2  subsequent year when the tax imposed by this chapter for such

  3  year exceeds the credit for such year under this section after

  4  applying the other credits and unused credit carryovers in the

  5  order provided in s. 220.02(9)(10).

  6         Section 34.  Paragraph (c) of subsection (1) of section

  7  220.1845, Florida Statutes, is amended to read:

  8         220.1845  Contaminated site rehabilitation tax

  9  credit.--

10         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

11         (c)  If the credit granted under this section is not

12  fully used in any one year because of insufficient tax

13  liability on the part of the corporation, the unused amount

14  may be carried forward for a period not to exceed 5 years. The

15  carryover credit may be used in a subsequent year when the tax

16  imposed by this chapter for that year exceeds the credit for

17  which the corporation is eligible in that year under this

18  section after applying the other credits and unused carryovers

19  in the order provided by s. 220.02(9)(10).

20         Section 35.  Section 220.1895, Florida Statutes, is

21  amended to read:

22         220.1895  Rural Job Tax Credit and Urban High-Crime

23  Area Job Tax Credit.--There shall be allowed a credit against

24  the tax imposed by this chapter amounts approved by the Office

25  of Tourism, Trade, and Economic Development pursuant to the

26  Rural Job Tax Credit Program in s. 212.098 and the Urban

27  High-Crime Area Job Tax Credit Program in s. 212.097. A

28  corporation that uses its credit against the tax imposed by

29  this chapter may not take the credit against the tax imposed

30  by chapter 212. If any credit granted under this section is

31  not fully used in the first year for which it becomes


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                                          HB 4059, First Engrossed



  1  available, the unused amount may be carried forward for a

  2  period not to exceed 5 years. The carryover may be used in a

  3  subsequent year when the tax imposed by this chapter for such

  4  year exceeds the credit for such year under this section after

  5  applying the other credits and unused credit carryovers in the

  6  order provided in s. 220.02(9)(10). The Office of Tourism,

  7  Trade, and Economic Development shall conduct a review of the

  8  Urban High-Crime Area Job Tax Credit and the Rural Job Tax

  9  Credit Program and submit its report to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives by February 1, 2000.

12         Section 36.  Paragraph (e) of subsection (1) of section

13  220.19, Florida Statutes, is amended to read:

14         220.19  Child care tax credits.--

15         (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

16         (e)  If the credit granted under this section is not

17  fully used in any one year because of insufficient tax

18  liability on the part of the corporation, the unused amount

19  may be carried forward for a period not to exceed 5 years. The

20  carryover credit may be used in a subsequent year when the tax

21  imposed by this chapter for that year exceeds the credit for

22  which the corporation is eligible in that year under this

23  section after applying the other credits and unused carryovers

24  in the order provided by s. 220.02(9)(10).

25         Section 37.  Paragraphs (dd), (ee), and (ff) of

26  subsection (1) of section 220.03, Florida Statutes, are

27  repealed, and paragraphs (k), (p), and (t) of said subsection

28  are amended to read:

29         220.03  Definitions.--

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

31  not otherwise distinctly expressed or manifestly incompatible


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                                          HB 4059, First Engrossed



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

  2  following meanings:

  3         (k)1.  "Expansion of an existing business," for the

  4  purposes of the gasohol development tax incentive credit,

  5  refers to capital investment in a productive business

  6  operation, not defined as a new business, which results in a

  7  net increase in the amount of real or tangible personal

  8  property owned by it or, in the case of government-owned real

  9  property, leased by it, for the purpose of engaging in the

10  distillation of ethyl alcohol for use in motor fuels or in the

11  manufacture of equipment for the processing and distillation

12  of ethyl alcohol for use in motor fuels.

13         2.  "Expansion of an existing business," for the

14  purposes of the enterprise zone property tax credit, means any

15  business entity authorized to do business in this state as

16  defined in paragraph (e), and any bank or savings and loan

17  association as defined in s. 220.62, subject to the tax

18  imposed by the provisions of this chapter, located in an

19  enterprise zone, which expands by or through additions to real

20  and personal property and which establishes five or more new

21  jobs to employ five or more additional full-time employees at

22  such location. The provisions of this paragraph subparagraph

23  shall expire and be void on June 30, 2005.

24         (p)1.  "New business," for the purposes of the gasohol

25  development tax incentive credit, means a productive business

26  operation, which heretofore did not exist in this state,

27  engaged in the distillation of ethyl alcohol for use in motor

28  fuels or in the manufacture of equipment for the processing

29  and distillation of ethyl alcohol for use in motor fuels.

30         2.  "New business," for the purposes of the enterprise

31  zone property tax credit, means any business entity authorized


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                                          HB 4059, First Engrossed



  1  to do business in this state as defined in paragraph (e), or

  2  any bank or savings and loan association as defined in s.

  3  220.62, subject to the tax imposed by the provisions of this

  4  chapter, first beginning operations on a site located in an

  5  enterprise zone and clearly separate from any other commercial

  6  or industrial operations owned by the same entity, bank, or

  7  savings and loan association and which establishes five or

  8  more new jobs to employ five or more additional full-time

  9  employees at such location. The provisions of this paragraph

10  subparagraph shall expire and be void on June 30, 2005.

11         (t)  "Project" means any activity undertaken by an

12  eligible sponsor, as defined in s. 220.183(2)(4)(c), which is

13  designed to construct, improve, or substantially rehabilitate

14  housing or commercial, industrial, or public resources and

15  facilities or to improve entrepreneurial and job-development

16  opportunities for low-income persons. The provisions of this

17  paragraph shall expire and be void on June 30, 2005.

18         Section 38.  Except as otherwise provided herein, this

19  act shall take effect upon becoming a law.

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