House Bill 0425
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Florida House of Representatives - 2000 HB 425
By Representatives Melvin, Dockery, Morroni, Harrington,
Alexander, Cantens, Patterson, Bense, Levine, Littlefield,
Bullard, Bush, Farkas, Stansel, Sorensen and Kelly
1 A bill to be entitled
2 An act relating to intangible personal property
3 taxes; repealing chapter 199, F.S., which
4 provides for taxes on intangible personal
5 property; amending ss. 72.011, 192.091,
6 196.199, 196.1993, 201.23, 212.02, 213.015,
7 213.05, 213.053, 213.054, 213.27, 213.31,
8 215.555, 220.1845, 288.039, 288.1045, 288.106,
9 288.1066, 376.30781, 440.49, 493.6102, 516.031,
10 627.311, 627.351, 650.05, 655.071, 733.604, and
11 766.105, F.S., to conform to such repeal;
12 repealing ss. 192.032(5), 192.042(3),
13 193.114(4), 196.015(9), 607.1622(1)(g), and
14 731.111(2), F.S., relating to assessment of
15 intangible personal property, the intangible
16 personal property tax roll, filing of
17 intangible tax returns as a factor in
18 determining residency, intangible tax liability
19 information in a corporation's annual report,
20 and claims against a decedent's estate for
21 intangible taxes; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Chapter 199, Florida Statutes, consisting
26 of sections 199.012, 199.023, 199.032, 199.033, 199.042,
27 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
28 199.133, 199.135, 199.143, 199.145, 199.155, 199.175, 199.183,
29 199.185, 199.202, 199.212, 199.218, 199.232, 199.262, 199.272,
30 199.282, 199.292, and 199.303, Florida Statutes, is hereby
31 repealed.
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1 Section 2. Paragraph (a) of subsection (1) of section
2 72.011, Florida Statutes, is amended to read:
3 72.011 Jurisdiction of circuit courts in specific tax
4 matters; administrative hearings and appeals; time for
5 commencing action; parties; deposits.--
6 (1)(a) A taxpayer may contest the legality of any
7 assessment or denial of refund of tax, fee, surcharge, permit,
8 interest, or penalty provided for under s. 125.0104, s.
9 125.0108, chapter 198, chapter 199, chapter 201, chapter 203,
10 chapter 206, chapter 207, chapter 210, chapter 211, chapter
11 212, chapter 213, chapter 220, chapter 221, s. 370.07(3),
12 chapter 376, s. 403.717, s. 403.718, s. 403.7185, s. 403.7195,
13 s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
14 chapter 563, chapter 564, chapter 565, chapter 624, or s.
15 681.117 by filing an action in circuit court; or,
16 alternatively, the taxpayer may file a petition under the
17 applicable provisions of chapter 120. However, once an action
18 has been initiated under s. 120.56, s. 120.565, s. 120.569, s.
19 120.57, or s. 120.80(14)(b), no action relating to the same
20 subject matter may be filed by the taxpayer in circuit court,
21 and judicial review shall be exclusively limited to appellate
22 review pursuant to s. 120.68; and once an action has been
23 initiated in circuit court, no action may be brought under
24 chapter 120.
25 Section 3. Subsection (5) of section 192.091, Florida
26 Statutes, is amended to read:
27 192.091 Commissions of property appraisers and tax
28 collectors.--
29 (5) Provided, that the provisions of this section
30 shall not apply to commissions on intangible property taxes or
31 drainage district or drainage subdistrict taxes.; and
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1 Section 4. Paragraph (b) of subsection (2) of section
2 196.199, Florida Statutes, is amended to read:
3 196.199 Government property exemption.--
4 (2) Property owned by the following governmental units
5 but used by nongovernmental lessees shall only be exempt from
6 taxation under the following conditions:
7 (b) Except as provided in paragraph (c), the exemption
8 provided by this subsection shall not apply to those portions
9 of a leasehold or other interest defined by s. 199.023(1)(d),
10 Florida Statutes, 1999, subject to the provisions of
11 subsection (7). Such leasehold or other interest shall be
12 taxed only as intangible personal property pursuant to chapter
13 199 if rental payments are due in consideration of such
14 leasehold or other interest. If no rental payments are due
15 pursuant to the agreement creating such leasehold or other
16 interest, the leasehold or other interest shall be taxed as
17 real property. Nothing in this paragraph shall be deemed to
18 exempt personal property, buildings, or other real property
19 improvements owned by the lessee from ad valorem taxation.
20 Section 5. Section 196.1993, Florida Statutes, is
21 amended to read:
22 196.1993 Certain agreements with local governments for
23 use of public property; exemption.--Any agreement entered into
24 with a local governmental authority prior to January 1, 1969,
25 for use of public property, under which it was understood and
26 agreed in a written instrument or by special act that no ad
27 valorem real property taxes would be paid by the licensee or
28 lessee, shall be deemed a license or management agreement for
29 the use or management of public property. Such interest shall
30 be deemed not to convey an interest in the property and shall
31 not be subject to ad valorem real property taxation. Nothing
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1 in this section shall be deemed to exempt such licensee from
2 the ad valorem intangible tax and the ad valorem personal
3 property tax.
4 Section 6. Subsection (4) of section 201.23, Florida
5 Statutes, is amended to read:
6 201.23 Foreign notes and other written obligations
7 exempt.--
8 (4) The excise taxes imposed by this chapter shall not
9 apply to the documents, notes, evidences of indebtedness,
10 financing statements, drafts, bills of exchange, or other
11 taxable items dealt with, made, issued, drawn upon, accepted,
12 delivered, shipped, received, signed, executed, assigned,
13 transferred, or sold by or to a banking organization, as
14 defined in s. 199.023(9), Florida Statutes, 1999, in the
15 conduct of an international banking transaction, as defined in
16 s. 199.023(11), Florida Statutes, 1999. Nothing in this
17 subsection shall be construed to change the application of
18 paragraph (2)(a).
19 Section 7. Subsection (19) of section 212.02, Florida
20 Statutes, is amended to read:
21 212.02 Definitions.--The following terms and phrases
22 when used in this chapter have the meanings ascribed to them
23 in this section, except where the context clearly indicates a
24 different meaning:
25 (19) "Tangible personal property" means and includes
26 personal property which may be seen, weighed, measured, or
27 touched or is in any manner perceptible to the senses,
28 including electric power or energy, boats, motor vehicles and
29 mobile homes as defined in s. 320.01(1) and (2), aircraft as
30 defined in s. 330.27, and all other types of vehicles. The
31 term "tangible personal property" does not include stocks,
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1 bonds, notes, insurance, or other obligations or securities,;
2 intangibles as defined by the intangible tax law of the state;
3 or pari-mutuel tickets sold or issued under the racing laws of
4 the state.
5 Section 8. Subsections (3), (6), and (11) of section
6 213.015, Florida Statutes, are amended to read:
7 213.015 Taxpayer rights.--There is created a Florida
8 Taxpayer's Bill of Rights to guarantee that the rights,
9 privacy, and property of Florida taxpayers are adequately
10 safeguarded and protected during tax assessment, collection,
11 and enforcement processes administered under the revenue laws
12 of this state. The Taxpayer's Bill of Rights compiles, in one
13 document, brief but comprehensive statements which explain, in
14 simple, nontechnical terms, the rights and obligations of the
15 Department of Revenue and taxpayers. The rights afforded
16 taxpayers to assure that their privacy and property are
17 safeguarded and protected during tax assessment and collection
18 are available only insofar as they are implemented in other
19 parts of the Florida Statutes or rules of the Department of
20 Revenue. The rights so guaranteed Florida taxpayers in the
21 Florida Statutes and the departmental rules are:
22 (3) The right to be represented or advised by counsel
23 or other qualified representatives at any time in
24 administrative interactions with the department, the right to
25 procedural safeguards with respect to recording of interviews
26 during tax determination or collection processes conducted by
27 the department, and the right to have audits, inspections of
28 records, and interviews conducted at a reasonable time and
29 place except in criminal and internal investigations (see ss.
30 198.06, 199.218, 201.11(1), 203.02, 206.14, 211.125(3),
31
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1 211.33(3), 212.0305(3), 212.12(5)(a), (6)(a), and (13),
2 212.13(5), 213.05, 213.21(1)(a) and (c), and 213.34).
3 (6) The right to be informed of impending collection
4 actions which require sale or seizure of property or freezing
5 of assets, except jeopardy assessments, and the right to at
6 least 30 days' notice in which to pay the liability or seek
7 further review (see ss. 198.20, 199.262, 201.16, 206.075,
8 206.24, 211.125(5), 212.03(5), 212.0305(3)(k), 212.04(7),
9 212.14(1), 213.73(3), 213.731, and 220.739).
10 (11) The right to procedures for requesting
11 cancellation, release, or modification of liens filed by the
12 department and for requesting that any lien which is filed in
13 error be so noted on the lien cancellation filed by the
14 department, in public notice, and in notice to any credit
15 agency at the taxpayer's request (see ss. 198.22, 199.262,
16 212.15(4), 213.733, and 220.819).
17 Section 9. Section 213.05, Florida Statutes, is
18 amended to read:
19 213.05 Department of Revenue; control and
20 administration of revenue laws.--The Department of Revenue
21 shall have only those responsibilities for ad valorem taxation
22 specified to the department in chapter 192, taxation, general
23 provisions; chapter 193, assessments; chapter 194,
24 administrative and judicial review of property taxes; chapter
25 195, property assessment administration and finance; chapter
26 196, exemption; chapter 197, tax collections, sales, and
27 liens; chapter 199, intangible personal property taxes; and
28 chapter 200, determination of millage. The Department of
29 Revenue shall have the responsibility of regulating,
30 controlling, and administering all revenue laws and performing
31 all duties as provided in s. 125.0104, the Local Option
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1 Tourist Development Act; s. 125.0108, tourist impact tax;
2 chapter 198, estate taxes; chapter 201, excise tax on
3 documents; chapter 203, gross receipts taxes; chapter 206,
4 motor and other fuel taxes; chapter 211, tax on production of
5 oil and gas and severance of solid minerals; chapter 212, tax
6 on sales, use, and other transactions; chapter 220, income tax
7 code; chapter 221, emergency excise tax; ss. 336.021 and
8 336.025, taxes on motor fuel and special fuel; s. 370.07(3),
9 Apalachicola Bay oyster surcharge; s. 376.11, pollutant spill
10 prevention and control; s. 403.718, waste tire fees; s.
11 403.7185, lead-acid battery fees; s. 403.7195, waste newsprint
12 disposal fees; s. 538.09, registration of secondhand dealers;
13 s. 538.25, registration of secondary metals recyclers; s.
14 624.4621, group self-insurer's fund premium tax; s. 624.5091,
15 retaliatory tax; s. 624.475, commercial self-insurance fund
16 premium tax; ss. 624.509-624.511, insurance code:
17 administration and general provisions; s. 624.515, State Fire
18 Marshal regulatory assessment; s. 627.357, medical malpractice
19 self-insurance premium tax; s. 629.5011, reciprocal insurers
20 premium tax; and s. 681.117, motor vehicle warranty
21 enforcement.
22 Section 10. Subsections (1) and (4), paragraphs (k)
23 and (p) of subsection (7), and paragraph (a) of subsection
24 (14) of section 213.053, Florida Statutes, are amended to
25 read:
26 213.053 Confidentiality and information sharing.--
27 (1) The provisions of this section apply to s.
28 125.0104, county government; s. 125.0108, tourist impact tax;
29 chapter 175, municipal firefighters' pension trust funds;
30 chapter 185, municipal police officers' retirement trust
31 funds; chapter 198, estate taxes; chapter 199, intangible
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1 personal property taxes; chapter 201, excise tax on documents;
2 chapter 203, gross receipts taxes; chapter 211, tax on
3 severance and production of minerals; chapter 212, tax on
4 sales, use, and other transactions; chapter 220, income tax
5 code; chapter 221, emergency excise tax; s. 252.372, emergency
6 management, preparedness, and assistance surcharge; s.
7 370.07(3), Apalachicola Bay oyster surcharge; chapter 376,
8 pollutant spill prevention and control; s. 403.718, waste tire
9 fees; s. 403.7185, lead-acid battery fees; s. 403.7195, waste
10 newsprint disposal fees; s. 538.09, registration of secondhand
11 dealers; s. 538.25, registration of secondary metals
12 recyclers; ss. 624.501 and 624.509-624.515, insurance code; s.
13 681.117, motor vehicle warranty enforcement; and s. 896.102,
14 reports of financial transactions in trade or business.
15 (4) Nothing contained in this section shall prevent
16 the department from publishing statistics so classified as to
17 prevent the identification of particular accounts, reports,
18 declarations, or returns or prevent the department from
19 disclosing to the Comptroller the names and addresses of those
20 taxpayers who have claimed an exemption pursuant to s.
21 199.185(1)(i) or a deduction pursuant to s. 220.63(5).
22 (7) Notwithstanding any other provision of this
23 section, the department may provide:
24 (k) Payment information relative to chapters 199, 201,
25 212, 220, and 221 to the Office of Tourism, Trade, and
26 Economic Development in its administration of the tax refund
27 program for qualified defense contractors authorized by s.
28 288.1045 and the tax refund program for qualified target
29 industry businesses authorized by s. 288.106.
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1 (p) Information relative to ss. 199.1055, 220.1845,
2 and 376.30781 to the Department of Environmental Protection in
3 the conduct of its official business.
4
5 Disclosure of information under this subsection shall be
6 pursuant to a written agreement between the executive director
7 and the agency. Such agencies, governmental or
8 nongovernmental, shall be bound by the same requirements of
9 confidentiality as the Department of Revenue. Breach of
10 confidentiality is a misdemeanor of the first degree,
11 punishable as provided by s. 775.082 or s. 775.083.
12 (14)(a) Notwithstanding any other provision of this
13 section, the department shall, subject to the safeguards
14 specified in paragraph (c), disclose to the Division of
15 Corporations of the Department of State the name, address,
16 federal employer identification number, and duration of tax
17 filings with this state of all corporate or partnership
18 entities which are not on file or have a dissolved status with
19 the Division of Corporations and which have filed tax returns
20 pursuant to either chapter 199 or chapter 220.
21 Section 11. Section 213.054, Florida Statutes, is
22 amended to read:
23 213.054 Persons claiming tax exemptions or deductions;
24 annual report.--The Department of Revenue shall be responsible
25 for monitoring the utilization of tax exemptions and tax
26 deductions authorized pursuant to chapter 81-179, Laws of
27 Florida. On or before September 1 of each year, the
28 department shall report to the Comptroller the names and
29 addresses of all persons who have claimed an exemption
30 pursuant to s. 199.185(1)(i) or a deduction pursuant to s.
31 220.63(5).
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1 Section 12. Section 213.27, Florida Statutes, is
2 amended to read:
3 213.27 Contracts with debt collection agencies and
4 certain vendors.--
5 (1) The Department of Revenue may, for the purpose of
6 collecting any delinquent taxes due from a taxpayer, including
7 taxes for which a bill or notice has been generated, contract
8 with any debt collection agency or attorney doing business
9 within or without this state for the collection of such
10 delinquent taxes including penalties and interest thereon. The
11 department may also share confidential information pursuant to
12 the contract necessary for the collection of delinquent taxes
13 and taxes for which a billing or notice has been generated.
14 Contracts will be made pursuant to chapter 287. The taxpayer
15 must be notified by mail by the department, its employees, or
16 its authorized representative 30 days prior to commencing any
17 litigation to recover any delinquent taxes. The taxpayer must
18 be notified by mail by the department 30 days prior to the
19 department assigning the collection of any taxes to the debt
20 collection agency.
21 (2) The department may enter into contracts with any
22 individual or business for the purpose of identifying
23 intangible personal property tax liability. Contracts may
24 provide for the identification of assets subject to the tax on
25 intangible personal property, the determination of value of
26 such property, the requirement for filing a tax return and the
27 collection of taxes due, including applicable penalties and
28 interest thereon. The department may share confidential
29 information pursuant to the contract necessary for the
30 identification of taxable intangible personal property.
31 Contracts shall be made pursuant to chapter 287. The taxpayer
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1 must be notified by mail by the department 30 days prior to
2 the department assigning identification of intangible personal
3 property to an individual or business.
4 (2)(3) Any contract may provide, in the discretion of
5 the executive director of the Department of Revenue, the
6 manner in which the compensation for such services will be
7 paid. Under standards established by the department, such
8 compensation shall be added to the amount of the tax and
9 collected as a part thereof by the agency or deducted from the
10 amount of tax, penalty, and interest actually collected.
11 (3)(4) All funds collected under the terms of the
12 contract, less the fees provided in the contract, shall be
13 remitted to the department within 30 days from the date of
14 collection from a taxpayer. Forms to be used for such purpose
15 shall be prescribed by the department.
16 (4)(5) The department shall require a bond from the
17 debt collection agency or the individual or business
18 contracted with under subsection (2) not in excess of $100,000
19 guaranteeing compliance with the terms of the contract.
20 However, a bond of $10,000 is required from a debt collection
21 agency if the agency does not actually collect and remit
22 delinquent funds to the department.
23 (5)(6) The department may, for the purpose of
24 ascertaining the amount of or collecting any taxes due from a
25 person doing mail order business in this state, contract with
26 any auditing agency doing business within or without this
27 state for the purpose of conducting an audit of such mail
28 order business; however, such audit agency may not conduct an
29 audit on behalf of the department of any person domiciled in
30 this state, person registered for sales and use tax purposes
31 in this state, or corporation filing a Florida corporate tax
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1 return, if any such person or corporation objects to such
2 audit in writing to the department and the auditing agency.
3 The department shall notify the taxpayer by mail at least 30
4 days before the department assigns the collection of such
5 taxes.
6 (6)(7) Confidential information shared by the
7 department with debt collection or auditing agencies or
8 individuals or businesses with which the department has
9 contracted under subsection (2) is exempt from the provisions
10 of s. 119.07(1), and debt collection or auditing agencies and
11 individuals or businesses with which the department has
12 contracted under subsection (2) shall be bound by the same
13 requirements of confidentiality as the Department of Revenue.
14 Breach of confidentiality is a misdemeanor of the first
15 degree, punishable as provided by ss. 775.082 and 775.083.
16 (7)(8)(a) The executive director of the department may
17 enter into contracts with private vendors to develop and
18 implement systems to enhance tax collections where
19 compensation to the vendors is funded through increased tax
20 collections. The amount of compensation paid to a vendor
21 shall be based on a percentage of increased tax collections
22 attributable to the system after all administrative and
23 judicial appeals are exhausted, and the total amount of
24 compensation paid to a vendor shall not exceed the maximum
25 amount stated in the contract.
26 (b) A person acting on behalf of the department under
27 a contract authorized by this subsection does not exercise any
28 of the powers of the department, except that the person is an
29 agent of the department for the purposes of developing and
30 implementing a system to enhance tax collection.
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1 (c) Disclosure of information under this subsection
2 shall be pursuant to a written agreement between the executive
3 director and the private vendors. The vendors shall be bound
4 by the same requirements of confidentiality as the department.
5 Breach of confidentiality is a misdemeanor of the first
6 degree, punishable as provided in s. 775.082 or s. 775.083.
7 Section 13. Section 213.31, Florida Statutes, is
8 amended to read:
9 213.31 Corporation Tax Administration Trust
10 Fund.--There is hereby created in the State Treasury the
11 Corporation Tax Administration Trust Fund. Moneys in the fund
12 are hereby appropriated to the Department of Revenue for the
13 administration of taxes levied upon corporations, including,
14 but not limited to, those imposed under chapter 199, chapter
15 220, or chapter 221.
16 Section 14. Paragraph (c) of subsection (6) of section
17 215.555, Florida Statutes, is amended to read:
18 215.555 Florida Hurricane Catastrophe Fund.--
19 (6) REVENUE BONDS.--
20 (c) Florida Hurricane Catastrophe Fund Finance
21 Corporation.--
22 1. In addition to the findings and declarations in
23 subsection (1), the Legislature also finds and declares that:
24 a. The public benefits corporation created under this
25 paragraph will provide a mechanism necessary for the
26 cost-effective and efficient issuance of bonds. This mechanism
27 will eliminate unnecessary costs in the bond issuance process,
28 thereby increasing the amounts available to pay reimbursement
29 for losses to property sustained as a result of hurricane
30 damage.
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1 b. The purpose of such bonds is to fund reimbursements
2 through the Florida Hurricane Catastrophe Fund to pay for the
3 costs of construction, reconstruction, repair, restoration,
4 and other costs associated with damage to properties of
5 policyholders of covered policies due to the occurrence of a
6 hurricane.
7 c. The efficacy of the financing mechanism will be
8 enhanced by the corporation's ownership of the assessments, by
9 the insulation of the assessments from possible bankruptcy
10 proceedings, and by covenants of the state with the
11 corporation's bondholders.
12 2.a. There is created a public benefits corporation,
13 which is an instrumentality of the state, to be known as the
14 Florida Hurricane Catastrophe Fund Finance Corporation.
15 b. The corporation shall operate under a five-member
16 board of directors consisting of the Governor or a designee,
17 the Comptroller or a designee, the Treasurer or a designee,
18 the director of the Division of Bond Finance of the State
19 Board of Administration, and the chief operating officer of
20 the Florida Hurricane Catastrophe Fund.
21 c. The corporation has all of the powers of
22 corporations under chapter 607 and under chapter 617, subject
23 only to the provisions of this subsection.
24 d. The corporation may issue bonds and engage in such
25 other financial transactions as are necessary to provide
26 sufficient funds to achieve the purposes of this section.
27 e. The corporation may invest in any of the
28 investments authorized under s. 215.47.
29 f. There shall be no liability on the part of, and no
30 cause of action shall arise against, any board members or
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1 employees of the corporation for any actions taken by them in
2 the performance of their duties under this paragraph.
3 3.a. In actions under chapter 75 to validate any bonds
4 issued by the corporation, the notice required by s. 75.06
5 shall be published only in Leon County and in two newspapers
6 of general circulation in the state, and the complaint and
7 order of the court shall be served only on the State Attorney
8 of the Second Judicial Circuit.
9 b. The state hereby covenants with holders of bonds of
10 the corporation that the state will not repeal or abrogate the
11 power of the board to direct the Department of Insurance to
12 levy the assessments and to collect the proceeds of the
13 revenues pledged to the payment of such bonds as long as any
14 such bonds remain outstanding unless adequate provision has
15 been made for the payment of such bonds pursuant to the
16 documents authorizing the issuance of such bonds.
17 4. The bonds of the corporation are not a debt of the
18 state or of any political subdivision, and neither the state
19 nor any political subdivision is liable on such bonds. The
20 corporation does not have the power to pledge the credit, the
21 revenues, or the taxing power of the state or of any political
22 subdivision. The credit, revenues, or taxing power of the
23 state or of any political subdivision shall not be deemed to
24 be pledged to the payment of any bonds of the corporation.
25 5.a. The property, revenues, and other assets of the
26 corporation; the transactions and operations of the
27 corporation and the income from such transactions and
28 operations; and all bonds issued under this paragraph and
29 interest on such bonds are exempt from taxation by the state
30 and any political subdivision, including the intangibles tax
31 under chapter 199 and the income tax under chapter 220. This
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1 exemption does not apply to any tax imposed by chapter 220 on
2 interest, income, or profits on debt obligations owned by
3 corporations other than the Florida Hurricane Catastrophe Fund
4 Finance Corporation.
5 b. All bonds of the corporation shall be and
6 constitute legal investments without limitation for all public
7 bodies of this state; for all banks, trust companies, savings
8 banks, savings associations, savings and loan associations,
9 and investment companies; for all administrators, executors,
10 trustees, and other fiduciaries; for all insurance companies
11 and associations and other persons carrying on an insurance
12 business; and for all other persons who are now or may
13 hereafter be authorized to invest in bonds or other
14 obligations of the state and shall be and constitute eligible
15 securities to be deposited as collateral for the security of
16 any state, county, municipal, or other public funds. This
17 sub-subparagraph shall be considered as additional and
18 supplemental authority and shall not be limited without
19 specific reference to this sub-subparagraph.
20 6. The corporation and its corporate existence shall
21 continue until terminated by law; however, no such law shall
22 take effect as long as the corporation has bonds outstanding
23 unless adequate provision has been made for the payment of
24 such bonds pursuant to the documents authorizing the issuance
25 of such bonds. Upon termination of the existence of the
26 corporation, all of its rights and properties in excess of its
27 obligations shall pass to and be vested in the state.
28 Section 15. Section 220.1845, Florida Statutes, is
29 amended to read:
30 220.1845 Contaminated site rehabilitation tax
31 credit.--
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1 (1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
2 (a) A credit in the amount of 35 percent of the costs
3 of voluntary cleanup activity that is integral to site
4 rehabilitation at the following sites is allowed against any
5 tax due for a taxable year under this chapter:
6 1. A drycleaning-solvent-contaminated site eligible
7 for state-funded site rehabilitation under s. 376.3078(3);
8 2. A drycleaning-solvent-contaminated site at which
9 cleanup is undertaken by the real property owner pursuant to
10 s. 376.3078(11), if the real property owner is not also, and
11 has never been, the owner or operator of the drycleaning
12 facility where the contamination exists; or
13 3. A brownfield site in a designated brownfield area
14 under s. 376.80.
15 (b) A taxpayer, or multiple taxpayers working jointly
16 to clean up a single site, may not receive more than $250,000
17 per year in tax credits for each site voluntarily
18 rehabilitated. Multiple taxpayers shall receive tax credits in
19 the same proportion as their contribution to payment of
20 cleanup costs. Subject to the same conditions and limitations
21 as provided in this section, a municipality or county which
22 voluntarily rehabilitates a site may receive not more than
23 $250,000 per year in tax credits which it can subsequently
24 transfer subject to the provisions in paragraph (g)(h).
25 (c) If the credit granted under this section is not
26 fully used in any one year because of insufficient tax
27 liability on the part of the corporation, the unused amount
28 may be carried forward for a period not to exceed 5 years. The
29 carryover credit may be used in a subsequent year when the tax
30 imposed by this chapter for that year exceeds the credit for
31 which the corporation is eligible in that year under this
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1 section after applying the other credits and unused carryovers
2 in the order provided by s. 220.02(10).
3 (d) A taxpayer that files a consolidated return in
4 this state as a member of an affiliated group under s.
5 220.131(1) may be allowed the credit on a consolidated return
6 basis up to the amount of tax imposed upon and paid by the
7 taxpayer that incurred the rehabilitation costs.
8 (e) A taxpayer that receives credit under s. 199.1055
9 is ineligible to receive credit under this section in a given
10 tax year.
11 (e)(f) A taxpayer that receives state-funded site
12 rehabilitation under s. 376.3078(3) for rehabilitation of a
13 drycleaning-solvent-contaminated site is ineligible to receive
14 credit under this section for costs incurred by the taxpayer
15 in conjunction with the rehabilitation of that site during the
16 same time period that state-administered site rehabilitation
17 was underway.
18 (f)(g) The total amount of the tax credits which may
19 be granted under this section and s. 199.1055 is $2 million
20 annually.
21 (g)(h)1. Tax credits that may be available under this
22 section to an entity eligible under s. 376.30781 may be
23 transferred after a merger or acquisition to the surviving or
24 acquiring entity and used in the same manner and with the same
25 limitations.
26 2. The entity or its surviving or acquiring entity as
27 described in subparagraph 1., may transfer any unused credit
28 in whole or in units of no less than 25 percent of the
29 remaining credit. The entity acquiring such credit may use it
30 in the same manner and with the same limitation as described
31 in this section. Such transferred credits may not be
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1 transferred again although they may succeed to a surviving or
2 acquiring entity subject to the same conditions and
3 limitations as described in this section.
4 3. In the event the credit provided for under this
5 section is reduced either as a result of a determination by
6 the Department of Environmental Protection or an examination
7 or audit by the Department of Revenue, such tax deficiency
8 shall be recovered from the first entity, or the surviving or
9 acquiring entity, to have claimed such credit up to the amount
10 of credit taken. Any subsequent deficiencies shall be
11 assessed against any entity acquiring and claiming such
12 credit, or in the case of multiple succeeding entities in the
13 order of credit succession.
14 (h)(i) In order to encourage completion of site
15 rehabilitation at contaminated sites being voluntarily cleaned
16 up and eligible for a tax credit under this section, the
17 taxpayer may claim an additional 10 percent of the total
18 cleanup costs, not to exceed $50,000, in the final year of
19 cleanup as evidenced by the Department of Environmental
20 Protection issuing a "No Further Action" order for that site.
21 (2) FILING REQUIREMENTS.--Any corporation that wishes
22 to obtain credit under this section must submit with its
23 return a tax credit certificate approving partial tax credits
24 issued by the Department of Environmental Protection under s.
25 376.30781.
26 (3) ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
27 FORFEITURE.--
28 (a) The Department of Revenue may adopt rules to
29 prescribe any necessary forms required to claim a tax credit
30 under this section and to provide the administrative
31 guidelines and procedures required to administer this section.
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1 (b) In addition to its existing audit and
2 investigation authority relating to chapter 199 and this
3 chapter, the Department of Revenue may perform any additional
4 financial and technical audits and investigations, including
5 examining the accounts, books, or records of the tax credit
6 applicant, which are necessary to verify the site
7 rehabilitation costs included in a tax credit return and to
8 ensure compliance with this section. The Department of
9 Environmental Protection shall provide technical assistance,
10 when requested by the Department of Revenue, on any technical
11 audits performed pursuant to this section.
12 (c) It is grounds for forfeiture of previously claimed
13 and received tax credits if the Department of Revenue
14 determines, as a result of either an audit or information
15 received from the Department of Environmental Protection, that
16 a taxpayer received tax credits pursuant to this section to
17 which the taxpayer was not entitled. In the case of fraud, the
18 taxpayer shall be prohibited from claiming any future tax
19 credits under this section or s. 199.1055.
20 1. The taxpayer is responsible for returning forfeited
21 tax credits to the Department of Revenue, and such funds shall
22 be paid into the General Revenue Fund of the state.
23 2. The taxpayer shall file with the Department of
24 Revenue an amended tax return or such other report as the
25 Department of Revenue prescribes by rule and shall pay any
26 required tax within 60 days after the taxpayer receives
27 notification from the Department of Environmental Protection
28 pursuant to s. 376.30781 that previously approved tax credits
29 have been revoked or modified, if uncontested, or within 60
30 days after a final order is issued following proceedings
31 involving a contested revocation or modification order.
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1 3. A notice of deficiency may be issued by the
2 Department of Revenue at any time within 5 years after the
3 date the taxpayer receives notification from the Department of
4 Environmental Protection pursuant to s. 376.30781 that
5 previously approved tax credits have been revoked or modified.
6 If a taxpayer fails to notify the Department of Revenue of any
7 change in its tax credit claimed, a notice of deficiency may
8 be issued at any time. In either case, the amount of any
9 proposed assessment set forth in such notice of deficiency
10 shall be limited to the amount of any deficiency resulting
11 under this section from the recomputation of the taxpayer's
12 tax for the taxable year.
13 4. Any taxpayer that fails to report and timely pay
14 any tax due as a result of the forfeiture of its tax credit is
15 in violation of this section and is subject to applicable
16 penalty and interest.
17 Section 16. Paragraph (b) of subsection (2) of section
18 288.039, Florida Statutes, is amended to read:
19 288.039 Employing and Training our Youths (ENTRY).--
20 (2) TAX REFUND; ELIGIBLE AMOUNTS.--
21 (b) After entering into an employment/tax refund
22 agreement under subsection (3), an eligible business may
23 receive refunds for the following taxes or fees due and paid
24 by that business:
25 1. Taxes on sales, use, and other transactions under
26 chapter 212.
27 2. Corporate income taxes under chapter 220.
28 3. Intangible personal property taxes under chapter
29 199.
30 3.4. Emergency excise taxes under chapter 221.
31 4.5. Excise taxes on documents under chapter 201.
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1 5.6. Ad valorem taxes paid, as defined in s.
2 220.03(1).
3 6.7. Insurance premium taxes under s. 624.509.
4 7.8. Occupational license fees under chapter 205.
5
6 However, an eligible business may not receive a refund under
7 this section for any amount of credit, refund, or exemption
8 granted to that business for any of such taxes or fees. If a
9 refund for such taxes or fees is provided by the office, which
10 taxes or fees are subsequently adjusted by the application of
11 any credit, refund, or exemption granted to the eligible
12 business other than as provided in this section, the business
13 shall reimburse the office for the amount of that credit,
14 refund, or exemption. An eligible business shall notify and
15 tender payment to the office within 20 days after receiving
16 any credit, refund, or exemption other than the one provided
17 in this section.
18 Section 17. Paragraph (f) of subsection (2) and
19 paragraphs (b), (c), and (d) of subsection (3) of section
20 288.1045, Florida Statutes, are amended to read:
21 288.1045 Qualified defense contractor tax refund
22 program.--
23 (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
24 (f) After entering into a tax refund agreement
25 pursuant to subsection (4), a qualified applicant may receive
26 refunds from the Economic Development Trust Fund for the
27 following taxes due and paid by the qualified applicant
28 beginning with the applicant's first taxable year that begins
29 after entering into the agreement:
30 1. Taxes on sales, use, and other transactions paid
31 pursuant to chapter 212.
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1 2. Corporate income taxes paid pursuant to chapter
2 220.
3 3. Intangible personal property taxes paid pursuant to
4 chapter 199.
5 3.4. Emergency excise taxes paid pursuant to chapter
6 221.
7 4.5. Excise taxes paid on documents pursuant to
8 chapter 201.
9 5.6. Ad valorem taxes paid, as defined in s.
10 220.03(1)(a) on June 1, 1996.
11
12 However, a qualified applicant may not receive a tax refund
13 pursuant to this section for any amount of credit, refund, or
14 exemption granted such contractor for any of such taxes. If a
15 refund for such taxes is provided by the office, which taxes
16 are subsequently adjusted by the application of any credit,
17 refund, or exemption granted to the qualified applicant other
18 than that provided in this section, the qualified applicant
19 shall reimburse the Economic Development Trust Fund for the
20 amount of such credit, refund, or exemption. A qualified
21 applicant must notify and tender payment to the office within
22 20 days after receiving a credit, refund, or exemption, other
23 than that provided in this section.
24 (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
25 DETERMINATION.--
26 (b) Applications for certification based on the
27 consolidation of a Department of Defense contract or a new
28 Department of Defense contract must be submitted to the office
29 as prescribed by the office and must include, but are not
30 limited to, the following information:
31
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1 1. The applicant's federal employer identification
2 number, the applicant's Florida sales tax registration number,
3 and a notarized signature of an officer of the applicant.
4 2. The permanent location of the manufacturing,
5 assembling, fabricating, research, development, or design
6 facility in this state at which the project is or is to be
7 located.
8 3. The Department of Defense contract numbers of the
9 contract to be consolidated, the new Department of Defense
10 contract number, or the "RFP" number of a proposed Department
11 of Defense contract.
12 4. The date the contract was executed or is expected
13 to be executed, and the date the contract is due to expire or
14 is expected to expire.
15 5. The commencement date for project operations under
16 the contract in this state.
17 6. The number of full-time equivalent jobs in this
18 state which are or will be dedicated to the project during the
19 year and the average wage of such jobs.
20 7. The total number of full-time equivalent employees
21 employed by the applicant in this state.
22 8. The percentage of the applicant's gross receipts
23 derived from Department of Defense contracts during the 5
24 taxable years immediately preceding the date the application
25 is submitted.
26 9. The amount of:
27 a. Taxes on sales, use, and other transactions paid
28 pursuant to chapter 212;
29 b. Corporate income taxes paid pursuant to chapter
30 220;
31
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1 c. Intangible personal property taxes paid pursuant to
2 chapter 199;
3 c.d. Emergency excise taxes paid pursuant to chapter
4 221;
5 d.e. Excise taxes paid on documents pursuant to
6 chapter 201; and
7 e.f. Ad valorem taxes paid
8
9 during the 5 fiscal years immediately preceding the date of
10 the application, and the projected amounts of such taxes to be
11 due in the 3 fiscal years immediately following the date of
12 the application.
13 10. The estimated amount of tax refunds to be claimed
14 in each fiscal year.
15 11. A brief statement concerning the applicant's need
16 for tax refunds, and the proposed uses of such refunds by the
17 applicant.
18 12. A resolution adopted by the county commissioners
19 of the county in which the project will be located, which
20 recommends the applicant be approved as a qualified applicant,
21 and which indicates that the necessary commitments of local
22 financial support for the applicant exist. Prior to the
23 adoption of the resolution, the county commission may review
24 the proposed public or private sources of such support and
25 determine whether the proposed sources of local financial
26 support can be provided or, for any applicant whose project is
27 located in a county designated by the Rural Economic
28 Development Initiative, a resolution adopted by the county
29 commissioners of such county requesting that the applicant's
30 project be exempt from the local financial support
31 requirement.
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1 13. Any additional information requested by the
2 office.
3 (c) Applications for certification based on the
4 conversion of defense production jobs to nondefense production
5 jobs must be submitted to the office as prescribed by the
6 office and must include, but are not limited to, the following
7 information:
8 1. The applicant's federal employer identification
9 number, the applicant's Florida sales tax registration number,
10 and a notarized signature of an officer of the applicant.
11 2. The permanent location of the manufacturing,
12 assembling, fabricating, research, development, or design
13 facility in this state at which the project is or is to be
14 located.
15 3. The Department of Defense contract numbers of the
16 contract under which the defense production jobs will be
17 converted to nondefense production jobs.
18 4. The date the contract was executed, and the date
19 the contract is due to expire or is expected to expire, or was
20 canceled.
21 5. The commencement date for the nondefense production
22 operations in this state.
23 6. The number of full-time equivalent jobs in this
24 state which are or will be dedicated to the nondefense
25 production project during the year and the average wage of
26 such jobs.
27 7. The total number of full-time equivalent employees
28 employed by the applicant in this state.
29 8. The percentage of the applicant's gross receipts
30 derived from Department of Defense contracts during the 5
31
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1 taxable years immediately preceding the date the application
2 is submitted.
3 9. The amount of:
4 a. Taxes on sales, use, and other transactions paid
5 pursuant to chapter 212;
6 b. Corporate income taxes paid pursuant to chapter
7 220;
8 c. Intangible personal property taxes paid pursuant to
9 chapter 199;
10 c.d. Emergency excise taxes paid pursuant to chapter
11 221;
12 d.e. Excise taxes paid on documents pursuant to
13 chapter 201; and
14 e.f. Ad valorem taxes paid
15
16 during the 5 fiscal years immediately preceding the date of
17 the application, and the projected amounts of such taxes to be
18 due in the 3 fiscal years immediately following the date of
19 the application.
20 10. The estimated amount of tax refunds to be claimed
21 in each fiscal year.
22 11. A brief statement concerning the applicant's need
23 for tax refunds, and the proposed uses of such refunds by the
24 applicant.
25 12. A resolution adopted by the county commissioners
26 of the county in which the project will be located, which
27 recommends the applicant be approved as a qualified applicant,
28 and which indicates that the necessary commitments of local
29 financial support for the applicant exist. Prior to the
30 adoption of the resolution, the county commission may review
31 the proposed public or private sources of such support and
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1 determine whether the proposed sources of local financial
2 support can be provided or, for any applicant whose project is
3 located in a county designated by the Rural Economic
4 Development Initiative, a resolution adopted by the county
5 commissioners of such county requesting that the applicant's
6 project be exempt from the local financial support
7 requirement.
8 13. Any additional information requested by the
9 office.
10 (d) Applications for certification based on a contract
11 for reuse of a defense-related facility must be submitted to
12 the office as prescribed by the office and must include, but
13 are not limited to, the following information:
14 1. The applicant's Florida sales tax registration
15 number and a notarized signature of an officer of the
16 applicant.
17 2. The permanent location of the manufacturing,
18 assembling, fabricating, research, development, or design
19 facility in this state at which the project is or is to be
20 located.
21 3. The business entity holding a valid Department of
22 Defense contract or branch of the Armed Forces of the United
23 States that previously occupied the facility, and the date
24 such entity last occupied the facility.
25 4. A copy of the contract to reuse the facility, or
26 such alternative proof as may be prescribed by the office that
27 the applicant is seeking to contract for the reuse of such
28 facility.
29 5. The date the contract to reuse the facility was
30 executed or is expected to be executed, and the date the
31 contract is due to expire or is expected to expire.
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1 6. The commencement date for project operations under
2 the contract in this state.
3 7. The number of full-time equivalent jobs in this
4 state which are or will be dedicated to the project during the
5 year and the average wage of such jobs.
6 8. The total number of full-time equivalent employees
7 employed by the applicant in this state.
8 9. The amount of:
9 a. Taxes on sales, use, and other transactions paid
10 pursuant to chapter 212.
11 b. Corporate income taxes paid pursuant to chapter
12 220.
13 c. Intangible personal property taxes paid pursuant to
14 chapter 199.
15 c.d. Emergency excise taxes paid pursuant to chapter
16 221.
17 d.e. Excise taxes paid on documents pursuant to
18 chapter 201.
19 e.f. Ad valorem taxes paid during the 5 fiscal years
20 immediately preceding the date of the application, and the
21 projected amounts of such taxes to be due in the 3 fiscal
22 years immediately following the date of the application.
23 10. The estimated amount of tax refunds to be claimed
24 in each fiscal year.
25 11. A brief statement concerning the applicant's need
26 for tax refunds, and the proposed uses of such refunds by the
27 applicant.
28 12. A resolution adopted by the county commissioners
29 of the county in which the project will be located, which
30 recommends the applicant be approved as a qualified applicant,
31 and which indicates that the necessary commitments of local
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1 financial support for the applicant exist. Prior to the
2 adoption of the resolution, the county commission may review
3 the proposed public or private sources of such support and
4 determine whether the proposed sources of local financial
5 support can be provided or, for any applicant whose project is
6 located in a county designated by the Rural Economic
7 Development Initiative, a resolution adopted by the county
8 commissioners of such county requesting that the applicant's
9 project be exempt from the local financial support
10 requirement.
11 13. Any additional information requested by the
12 office.
13 Section 18. Paragraph (c) of subsection (3) of section
14 288.106, Florida Statutes, is amended to read:
15 288.106 Tax refund program for qualified target
16 industry businesses.--
17 (3) TAX REFUND; ELIGIBLE AMOUNTS.--
18 (c) After entering into a tax refund agreement under
19 subsection (5), a qualified target industry business may:
20 1. Receive refunds from the account for the following
21 taxes due and paid by that business beginning with the first
22 taxable year of the business which begins after entering into
23 the agreement:
24 a. Corporate income taxes under chapter 220.
25 b. Insurance premium tax under s. 624.509.
26 2. Receive refunds from the account for the following
27 taxes due and paid by that business after entering into the
28 agreement:
29 a. Taxes on sales, use, and other transactions under
30 chapter 212.
31
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1 b. Intangible personal property taxes under chapter
2 199.
3 b.c. Emergency excise taxes under chapter 221.
4 c.d. Excise taxes on documents under chapter 201.
5 d.e. Ad valorem taxes paid, as defined in s.
6 220.03(1).
7 Section 19. Paragraph (c) of subsection (1) and
8 paragraph (d) of subsection (2) of section 288.1066, Florida
9 Statutes, are amended to read:
10 288.1066 Confidentiality of records.--
11 (1) The following information when received by the
12 Department of Commerce; the Office of Tourism, Trade, and
13 Economic Development; Enterprise Florida, Inc.; or county or
14 municipal governmental entities and their employees pursuant
15 to the qualified defense contractor tax refund program as
16 required by s. 288.1045 is confidential and exempt from the
17 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
18 Constitution for a period not to exceed the duration of the
19 tax refund agreement or 10 years, whichever is earlier:
20 (c) The amount of:
21 1. Taxes on sales, use, and other transactions paid
22 pursuant to chapter 212;
23 2. Corporate income taxes paid pursuant to chapter
24 220;
25 3. Intangible personal property taxes paid pursuant to
26 chapter 199;
27 3.4. Emergency excise taxes paid pursuant to chapter
28 221; and
29 4.5. Ad valorem taxes paid
30
31
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1 during the 5 fiscal years immediately preceding the date of
2 the application, and the projected amounts of such taxes to be
3 due in the 3 fiscal years immediately following the date of
4 the application.
5 (2) The following information when received by the
6 Department of Commerce; the Office of Tourism, Trade, and
7 Economic Development; Enterprise Florida, Inc.; or county or
8 municipal governmental entities and their employees pursuant
9 to the qualified target industry tax refund program as
10 required by s. 288.106 is confidential and exempt from the
11 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
12 Constitution for a period not to exceed the duration of the
13 tax refund agreement or 10 years, whichever is earlier:
14 (d) The amount of:
15 1. Taxes on sales, use, and other transactions paid
16 pursuant to chapter 212;
17 2. Corporate income taxes paid pursuant to chapter
18 220;
19 3. Intangible personal property taxes paid pursuant to
20 chapter 199;
21 3.4. Emergency excise taxes paid pursuant to chapter
22 221; and
23 4.5. Ad valorem taxes paid
24
25 during the 5 fiscal years immediately preceding the date of
26 the application, and the projected amounts of such taxes to be
27 due in the 3 fiscal years immediately following the date of
28 the application.
29 Section 20. Paragraph (a) of subsection (2) and
30 subsections (3) and (12) of section 376.30781, Florida
31 Statutes, are amended to read:
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1 376.30781 Partial tax credits for rehabilitation of
2 drycleaning-solvent-contaminated sites and brownfield sites in
3 designated brownfield areas; application process; rulemaking
4 authority; revocation authority.--
5 (2)(a) A credit in the amount of 35 percent of the
6 costs of voluntary cleanup activity that is integral to site
7 rehabilitation at the following sites is allowed pursuant to
8 s. ss. 199.1055 and 220.1845:
9 1. A drycleaning-solvent-contaminated site eligible
10 for state-funded site rehabilitation under s. 376.3078(3);
11 2. A drycleaning-solvent-contaminated site at which
12 cleanup is undertaken by the real property owner pursuant to
13 s. 376.3078(11), if the real property owner is not also, and
14 has never been, the owner or operator of the drycleaning
15 facility where the contamination exists; or
16 3. A brownfield site in a designated brownfield area
17 under s. 376.80.
18 (3) The Department of Environmental Protection shall
19 be responsible for allocating the tax credits provided for in
20 s. ss. 199.1055 and 220.1845, not to exceed a total of $2
21 million in tax credits annually.
22 (12) An owner, operator, or real property owner who
23 receives state-funded site rehabilitation under s. 376.3078(3)
24 for rehabilitation of a drycleaning-solvent-contaminated site
25 is ineligible to receive a tax credit under s. 199.1055 or s.
26 220.1845 for costs incurred by the taxpayer in conjunction
27 with the rehabilitation of that site during the same time
28 period that state-administered site rehabilitation was
29 underway.
30 Section 21. Paragraph (e) of subsection (14) of
31 section 440.49, Florida Statutes, is amended to read:
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1 440.49 Limitation of liability for subsequent injury
2 through Special Disability Trust Fund.--
3 (14) FLORIDA SPECIAL DISABILITY TRUST FUND FINANCING
4 CORPORATION.--
5 (e)1. The funds, credit, property, or taxing power of
6 the state or political subdivisions of the state shall not be
7 pledged for the payment of such bonds. The bonds of the
8 corporation are not a debt of the state or of any political
9 subdivision, and neither the state nor any political
10 subdivision is liable on such bonds. The corporation does not
11 have the power to pledge the credit, the revenues, or the
12 taxing power of the state or of any political subdivision. The
13 credit, revenues, or taxing power of the state or of any
14 political subdivision shall not be deemed to be pledged to the
15 payment of any bonds of the corporation. However, bonds issued
16 under this subsection are declared to be for an essential
17 public and governmental purpose.
18 2. The property, revenues, and other assets of the
19 corporation; the transactions and operations of the
20 corporation and the income from such transactions and
21 operations; and all bonds issued under this paragraph and the
22 interest on such bonds, which is exempt from income taxes of
23 the United States, are exempt from taxation by the state and
24 any political subdivision, including, but not limited to, the
25 intangibles tax under chapter 199, the income tax under
26 chapter 220, and the premium tax under the Florida Insurance
27 Code. This exemption does not apply to any tax imposed by
28 chapter 220 on interest income or profits on debt obligations
29 owned by corporations other than the Special Disability Trust
30 Fund Financing Corporation. The corporation is not subject to
31
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1 the reporting requirements mandated by the Florida Insurance
2 Code.
3 Section 22. Subsection (13) of section 493.6102,
4 Florida Statutes, is amended to read:
5 493.6102 Inapplicability of parts I through IV of this
6 chapter.--This chapter shall not apply to:
7 (13) Any individual employed as a security officer by
8 a church or ecclesiastical or denominational organization
9 having an established physical place of worship in this state
10 at which nonprofit religious services and activities are
11 regularly conducted or by a church cemetery religious
12 institution as defined in s. 199.183(2)(a) to provide security
13 on the institution property of the organization or cemetery,
14 and who does not carry a firearm in the course of her or his
15 duties.
16 Section 23. Paragraph (a) of subsection (3) of section
17 516.031, Florida Statutes, is amended to read:
18 516.031 Finance charge; maximum rates.--
19 (3) OTHER CHARGES.--
20 (a) In addition to the interest and insurance charges
21 herein provided for, no further or other charges or amount
22 whatsoever for any examination, service, commission, or other
23 thing or otherwise shall be directly or indirectly charged,
24 contracted for, or received as a condition to the grant of a
25 loan, except:
26 1. An amount not to exceed $10 to reimburse a portion
27 of the costs for investigating the character and credit of the
28 person applying for the loan;
29 2. An annual fee of $25 on the anniversary date of
30 each line-of-credit account;
31
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1 3. Charges paid for brokerage fee on a loan or line of
2 credit of more than $10,000, title insurance, and the
3 appraisal of real property offered as security when paid to a
4 third party and supported by an actual expenditure;
5 4. Intangible personal property tax on the loan note
6 or obligation when secured by a lien on real property;
7 4.5. The documentary excise tax and lawful fees, if
8 any, actually and necessarily paid out by the licensee to any
9 public officer for filing, recording, or releasing in any
10 public office any instrument securing the loan, which fees may
11 be collected when the loan is made or at any time thereafter;
12 5.6. The premium payable for any insurance in lieu of
13 perfecting any security interest otherwise required by the
14 licensee in connection with the loan, if the premium does not
15 exceed the fees which would otherwise be payable, which
16 premium may be collected when the loan is made or at any time
17 thereafter;
18 6.7. Actual and reasonable attorney's fees and court
19 costs as determined by the court in which suit is filed; or
20 7.8. Actual and commercially reasonable expenses of
21 repossession, storing, repairing and placing in condition for
22 sale, and selling of any property pledged as security.
23
24 Any charges, including interest, in excess of the combined
25 total of all charges authorized and permitted by this chapter
26 constitute a violation of chapter 687 governing interest and
27 usury, and the penalties of that chapter apply. In the event
28 of a bona fide error, the licensee shall refund or credit the
29 borrower with the amount of the overcharge immediately but
30 within 20 days from the discovery of such error.
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1 Section 24. Paragraph (m) of subsection (4) of section
2 627.311, Florida Statutes, is amended to read:
3 627.311 Joint underwriters and joint reinsurers.--
4 (4)
5 (m) Each joint underwriting plan or association
6 created under this section is not a state agency, board, or
7 commission. However, for the purposes of s. 199.183(1) only,
8 the joint underwriting plan is a political subdivision of the
9 state and is exempt from the corporate income tax.
10 Section 25. Paragraph (j) of subsection (6) of section
11 627.351, Florida Statutes, is amended to read:
12 627.351 Insurance risk apportionment plans.--
13 (6) RESIDENTIAL PROPERTY AND CASUALTY JOINT
14 UNDERWRITING ASSOCIATION.--
15 (j) The Residential Property and Casualty Joint
16 Underwriting Association is not a state agency, board, or
17 commission. However, for the purposes of s. 199.183(1), the
18 Residential Property and Casualty Joint Underwriting
19 Association shall be considered a political subdivision of the
20 state and shall be exempt from the corporate income tax.
21 Section 26. Paragraph (b) of subsection (6) of section
22 650.05, Florida Statutes, is amended to read:
23 650.05 Plans for coverage of employees of political
24 subdivisions.--
25 (6)
26 (b) The grants-in-aid and other revenue referred to in
27 paragraph (a) specifically include, but are not limited to,
28 minimum foundation program grants to public school districts
29 and community colleges; gasoline, motor fuel, intangible,
30 cigarette, racing, and insurance premium taxes distributed to
31 political subdivisions; and amounts specifically appropriated
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1 as grants-in-aid for mental health, mental retardation, and
2 mosquito control programs.
3 Section 27. Subsection (1) of section 655.071, Florida
4 Statutes, is amended to read:
5 655.071 International banking facilities; definitions;
6 notice before establishment.--
7 (1) "International banking facility" means a set of
8 asset and liability accounts segregated on the books and
9 records of a banking organization, as that term is defined in
10 s. 199.023, Florida Statutes, 1999, that includes only
11 international banking facility deposits, borrowings, and
12 extensions of credit, as those terms shall be defined by the
13 department pursuant to subsection (2).
14 Section 28. Subsection (2) of section 733.604, Florida
15 Statutes, is amended to read:
16 733.604 Inventory.--
17 (2) The personal representative shall serve a copy of
18 the inventory on the Department of Revenue, as provided in s.
19 199.062(4), the surviving spouse, each heir at law in an
20 intestate estate, each residuary beneficiary in a testate
21 estate, and any other interested person who may request it;
22 and the personal representative shall file proof of such
23 service. The inventory shall be verified by the personal
24 representative.
25 Section 29. Paragraph (a) of subsection (1) of section
26 766.105, Florida Statutes, is amended to read:
27 766.105 Florida Patient's Compensation Fund.--
28 (1) DEFINITIONS.--The following definitions apply in
29 the interpretation and enforcement of this section:
30 (a) The term "fund" means the Florida Patient's
31 Compensation Fund. The fund is not a state agency, board, or
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1 commission. However, for the purposes of s. 199.183(1) only,
2 the fund shall be considered a political subdivision of this
3 state.
4 Section 30. Subsection (5) of section 192.032,
5 subsection (3) of section 192.042, subsection (4) of section
6 193.114, subsection (9) of section 196.015, paragraph (g) of
7 subsection (1) of section 607.1622, and subsection (2) of
8 section 731.111, all Florida Statutes, are hereby repealed.
9 Section 31. This act shall take effect January 1,
10 2001.
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13 HOUSE SUMMARY
14
Repeals the taxes on intangible personal property.
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