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





                                                  SENATE AMENDMENT

    Bill No. HB 509, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Klein moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, line 25,

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16  insert:

17         Section 1.  Paragraph (b) of subsection (14) of section

18  120.80, Florida Statutes, is amended to read:

19         120.80  Exceptions and special requirements;

20  agencies.--

21         (14)  DEPARTMENT OF REVENUE.--

22         (b)  Taxpayer contest proceedings.--

23         1.  In any administrative proceeding brought pursuant

24  to this chapter as authorized by s. 72.011(1), the taxpayer

25  shall be designated the "petitioner" and the Department of

26  Revenue shall be designated the "respondent," except that for

27  actions contesting an assessment or denial of refund under

28  chapter 207, the Department of Highway Safety and Motor

29  Vehicles shall be designated the "respondent," and for actions

30  contesting an assessment or denial of refund under chapters

31  210, 550, 561, 562, 563, 564, and 565, the Department of

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                                                  SENATE AMENDMENT

    Bill No. HB 509, 1st Eng.

    Amendment No.    





 1  Business and Professional Regulation shall be designated the

 2  "respondent."

 3         2.  In any such administrative proceeding, the

 4  applicable department's burden of proof, except as otherwise

 5  specifically provided by general law, shall be limited to a

 6  showing that an assessment has been made against the taxpayer

 7  and the factual and legal grounds upon which the applicable

 8  department made the assessment.

 9         3.a.  Prior to filing a petition under this chapter,

10  the taxpayer shall pay to the applicable department the amount

11  of taxes, penalties, and accrued interest assessed by that

12  department which are not being contested by the taxpayer.

13  Failure to pay the uncontested amount shall result in the

14  dismissal of the action and imposition of an additional

15  penalty of 25 percent of the amount taxed.

16         b.  The requirements of s. 72.011(2) and (3)(a) are

17  jurisdictional for any action under this chapter to contest an

18  assessment or denial of refund by the Department of Revenue,

19  the Department of Highway Safety and Motor Vehicles, or the

20  Department of Business and Professional Regulation.

21         4.  Except as provided in s. 220.719, further

22  collection and enforcement of the contested amount of an

23  assessment for nonpayment or underpayment of any tax,

24  interest, or penalty shall be stayed beginning on the date a

25  petition is filed. Upon entry of a final order, an agency may

26  resume collection and enforcement action.

27         5.  The prevailing party, in a proceeding under ss.

28  120.569 and 120.57 authorized by s. 72.011(1), may recover all

29  legal costs incurred in such proceeding, including reasonable

30  attorney's fees, if the losing party fails to raise a

31  justiciable issue of law or fact in its petition or response.

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                                                  SENATE AMENDMENT

    Bill No. HB 509, 1st Eng.

    Amendment No.    





 1         6.  Upon review pursuant to s. 120.68 of final agency

 2  action concerning an assessment of tax, penalty, or interest

 3  with respect to a tax imposed under chapter 212, or the denial

 4  of a refund of any tax imposed under chapter 212, if the court

 5  finds that the Department of Revenue improperly rejected or

 6  modified a conclusion of law, the court may award reasonable

 7  attorney's fees and reasonable costs of the appeal to the

 8  prevailing appellant.

 9         Section 2.  Paragraph (d) is added to subsection (1) of

10  section 213.21, Florida Statutes, to read:

11         213.21  Informal conferences; compromises.--

12         (1)(a)  The Department of Revenue may adopt rules for

13  establishing informal conference procedures within the

14  department for resolution of disputes relating to assessment

15  of taxes, interest, and penalties and the denial of refunds,

16  and for informal hearings under ss. 120.569 and 120.57(2).

17         (b)  The statute of limitations upon the issuance of

18  final assessments shall be tolled during the period in which

19  the taxpayer is engaged in a procedure under this section.

20         (c)  During procedures under this section, the taxpayer

21  has the right to be represented at the taxpayer's cost and to

22  record procedures electronically or manually at the taxpayer's

23  cost.

24         (d)  Upon receipt of a notice of proposed assessment or

25  denial of a claim for refund, a taxpayer may initiate an

26  informal proceeding under this section by filing a timely

27  written protest with the department. The department shall

28  notify the taxpayer within 14 days after receipt of the

29  protest that it has been received by the department and the

30  date of its receipt. If a protest involves a dispute relating

31  to an assessment of taxes, interest, or penalty imposed under

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                                                  SENATE AMENDMENT

    Bill No. HB 509, 1st Eng.

    Amendment No.    





 1  chapter 212 or a denial of a refund claim related to taxes

 2  imposed under chapter 212, the department shall have 150 days

 3  following receipt of the taxpayer's written protest in which

 4  to issue a notice of decision. If the department does not

 5  issue its notice of decision within 150 days, interest will

 6  not accrue on any assessment that is the subject of the

 7  protest during the period beginning at the expiration of the

 8  150 days and ending on the date the department issues its

 9  notice of decision; however, that interest will continue to

10  accrue during that period if the reason for the department's

11  failure is a request by the taxpayer for an extension of time.

12  Any agreement by the department and the taxpayer concerning

13  mutual consent to an extension must be in writing and must

14  state whether or not interest will continue to accrue during

15  the extension period.

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17  (Redesignate subsequent sections.)

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20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 2, delete that line

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24  and insert:

25         An act relating to taxation; amending s.

26         120.80, F.S.; providing for the court to award

27         attorney's fees and costs, as specified, when a

28         taxpayer contests an assessment of tax,

29         penalty, or interest or the denial of a refund

30         with respect to any tax imposed under ch. 212,

31         F.S., under the Administrative Procedure Act;

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                                                  SENATE AMENDMENT

    Bill No. HB 509, 1st Eng.

    Amendment No.    





 1         amending s. 213.21, F.S.; specifying the time

 2         period within which the Department of Revenue

 3         shall issue a notice of decision when a

 4         taxpayer contests such an assessment, penalty,

 5         or interest or refund denial using informal

 6         conference procedures;

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