Senate Bill 0906

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



    Florida Senate - 2000                                   SB 906

    By Senator Saunders





    25-339-00

  1                      A bill to be entitled

  2         An act relating to the intangible personal

  3         property tax; repealing ss. 199.012, 199.023,

  4         199.032, 199.033, 199.042, 199.052, 199.057,

  5         199.062, 199.103, 199.1055, 199.106, 199.133,

  6         199.135, 199.143, 199.145, 199.155, 199.175,

  7         199.183, 199.185, 199.202, 199.212, 199.218,

  8         199.232, 199.262, 199.272, 199.282, 199.292,

  9         199.303, F.S., which provide taxes on

10         intangible personal property; amending ss.

11         72.011, 192.091, 196.199, 196.1993, 201.23,

12         212.02, 213.015, 213.05, 213.053, 213.054,

13         213.31, 215.555, 220.1845, 288.039, 288.1045,

14         288.106, 288.1066, 376.30781, 440.49, 493.6102,

15         516.031, 607.1622, 627.311, 627.351, 650.05,

16         655.071, 733.604, 766.105, F.S., to conform to

17         such repeal; repealing s. 192.032(5), F.S.,

18         relating to situs of property for assessment

19         purposes, s. 192.042(3), F.S., relating to the

20         date of assessment, s. 193.114(4), F.S.,

21         relating to preparation of assessment rolls, s.

22         196.015(9), F.S., relating to determination of

23         residency, s. 213.27(2), (7), F.S., relating to

24         contracts with debt collection agencies, s.

25         607.1622(1)(g), F.S., relating to corporate

26         reports to the Department of State, s.

27         731.111(2), F.S., relating to notice to

28         creditors, to conform to such repeal; providing

29         an effective date.

30

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

                                  1

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         Section 1.  Chapter 199, Florida Statutes, consisting

  2  of sections 199.012, 199.023, 199.032, 199.033, 199.042,

  3  199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,

  4  199.133, 199.135, 199.143, 199.145, 199.155, 199.175, 199.183,

  5  199.185, 199.202, 199.212, 199.218, 199.232, 199.262, 199.272,

  6  199.282, 199.292, and 199.303, Florida Statutes, is repealed.

  7         Section 2.  Paragraph (a) of subsection (1) of section

  8  72.011, Florida Statutes, is amended to read:

  9         72.011  Jurisdiction of circuit courts in specific tax

10  matters; administrative hearings and appeals; time for

11  commencing action; parties; deposits.--

12         (1)(a)  A taxpayer may contest the legality of any

13  assessment or denial of refund of tax, fee, surcharge, permit,

14  interest, or penalty provided for under s. 125.0104, s.

15  125.0108, chapter 198, chapter 199, chapter 201, chapter 203,

16  chapter 206, chapter 207, chapter 210, chapter 211, chapter

17  212, chapter 213, chapter 220, chapter 221, s. 370.07(3),

18  chapter 376, s. 403.717, s. 403.718, s. 403.7185, s. 403.7195,

19  s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562,

20  chapter 563, chapter 564, chapter 565, chapter 624, or s.

21  681.117 by filing an action in circuit court; or,

22  alternatively, the taxpayer may file a petition under the

23  applicable provisions of chapter 120. However, once an action

24  has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

25  120.57, or s. 120.80(14)(b), no action relating to the same

26  subject matter may be filed by the taxpayer in circuit court,

27  and judicial review shall be exclusively limited to appellate

28  review pursuant to s. 120.68; and once an action has been

29  initiated in circuit court, no action may be brought under

30  chapter 120.

31

                                  2

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         Section 3.  Subsection (5) of section 192.091, Florida

  2  Statutes, is amended to read:

  3         192.091  Commissions of property appraisers and tax

  4  collectors.--

  5         (5)  Provided, that the provisions of this section

  6  shall not apply to commissions on intangible property taxes or

  7  drainage district or drainage subdistrict taxes.; and

  8         Section 4.  Paragraph (b) of subsection (2) of section

  9  196.199, Florida Statutes, is amended to read:

10         196.199  Government property exemption.--

11         (2)  Property owned by the following governmental units

12  but used by nongovernmental lessees shall only be exempt from

13  taxation under the following conditions:

14         (b)  Except as provided in paragraph (c), the exemption

15  provided by this subsection shall not apply to those portions

16  of a leasehold or other interest defined by s. 199.023(1)(d),

17  Florida Statutes 1999, subject to the provisions of subsection

18  (7).  Such leasehold or other interest shall be taxed only as

19  intangible personal property pursuant to chapter 199 if rental

20  payments are due in consideration of such leasehold or other

21  interest. If no rental payments are due pursuant to the

22  agreement creating such leasehold or other interest, the

23  leasehold or other interest shall be taxed as real property.

24  Nothing in this paragraph shall be deemed to exempt personal

25  property, buildings, or other real property improvements owned

26  by the lessee from ad valorem taxation.

27         Section 5.  Section 196.1993, Florida Statutes, is

28  amended to read:

29         196.1993  Certain agreements with local governments for

30  use of public property; exemption.--Any agreement entered into

31  with a local governmental authority prior to January 1, 1969,

                                  3

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  for use of public property, under which it was understood and

  2  agreed in a written instrument or by special act that no ad

  3  valorem real property taxes would be paid by the licensee or

  4  lessee, shall be deemed a license or management agreement for

  5  the use or management of public property. Such interest shall

  6  be deemed not to convey an interest in the property and shall

  7  not be subject to ad valorem real property taxation.  Nothing

  8  in this section shall be deemed to exempt such licensee from

  9  the ad valorem intangible tax and the ad valorem personal

10  property tax.

11         Section 6.  Subsection (4) of section 201.23, Florida

12  Statutes, is amended to read:

13         201.23  Foreign notes and other written obligations

14  exempt.--

15         (4)  The excise taxes imposed by this chapter shall not

16  apply to the documents, notes, evidences of indebtedness,

17  financing statements, drafts, bills of exchange, or other

18  taxable items dealt with, made, issued, drawn upon, accepted,

19  delivered, shipped, received, signed, executed, assigned,

20  transferred, or sold by or to a banking organization, as

21  defined in s. 199.023(9), Florida Statutes 1999, in the

22  conduct of an international banking transaction, as defined in

23  s. 199.023(11), Florida Statutes 1999.  Nothing in this

24  subsection shall be construed to change the application of

25  paragraph (2)(a).

26         Section 7.  Subsection (19) of section 212.02, Florida

27  Statutes, is amended to read:

28         212.02  Definitions.--The following terms and phrases

29  when used in this chapter have the meanings ascribed to them

30  in this section, except where the context clearly indicates a

31  different meaning:

                                  4

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         (19)  "Tangible personal property" means and includes

  2  personal property which may be seen, weighed, measured, or

  3  touched or is in any manner perceptible to the senses,

  4  including electric power or energy, boats, motor vehicles and

  5  mobile homes as defined in s. 320.01(1) and (2), aircraft as

  6  defined in s. 330.27, and all other types of vehicles.  The

  7  term "tangible personal property" does not include stocks,

  8  bonds, notes, insurance, or other obligations or securities;

  9  intangibles as defined by the intangible tax law of the state;

10  or pari-mutuel tickets sold or issued under the racing laws of

11  the state.

12         Section 8.  Subsections (3), (6), and (11) of section

13  213.015, Florida Statutes, are amended to read:

14         213.015  Taxpayer rights.--There is created a Florida

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

16  privacy, and property of Florida taxpayers are adequately

17  safeguarded and protected during tax assessment, collection,

18  and enforcement processes administered under the revenue laws

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

20  document, brief but comprehensive statements which explain, in

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

22  Department of Revenue and taxpayers.  The rights afforded

23  taxpayers to assure that their privacy and property are

24  safeguarded and protected during tax assessment and collection

25  are available only insofar as they are implemented in other

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

27  Revenue. The rights so guaranteed Florida taxpayers in the

28  Florida Statutes and the departmental rules are:

29         (3)  The right to be represented or advised by counsel

30  or other qualified representatives at any time in

31  administrative interactions with the department, the right to

                                  5

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  procedural safeguards with respect to recording of interviews

  2  during tax determination or collection processes conducted by

  3  the department, and the right to have audits, inspections of

  4  records, and interviews conducted at a reasonable time and

  5  place except in criminal and internal investigations (see ss.

  6  198.06, 199.218, 201.11(1), 203.02, 206.14, 211.125(3),

  7  211.33(3), 212.0305(3), 212.12(5)(a), (6)(a), and (13),

  8  212.13(5), 213.05, 213.21(1)(a) and (c), and 213.34).

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

10  actions which require sale or seizure of property or freezing

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

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

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

14  206.24, 211.125(5), 212.03(5), 212.0305(3)(k), 212.04(7),

15  212.14(1), 213.73(3), 213.731, and 220.739).

16         (11)  The right to procedures for requesting

17  cancellation, release, or modification of liens filed by the

18  department and for requesting that any lien which is filed in

19  error be so noted on the lien cancellation filed by the

20  department, in public notice, and in notice to any credit

21  agency at the taxpayer's request (see ss. 198.22, 199.262,

22  212.15(4), 213.733, and 220.819).

23         Section 9.  Section 213.05, Florida Statutes, is

24  amended to read:

25         213.05  Department of Revenue; control and

26  administration of revenue laws.--The Department of Revenue

27  shall have only those responsibilities for ad valorem taxation

28  specified to the department in chapter 192, taxation, general

29  provisions; chapter 193, assessments; chapter 194,

30  administrative and judicial review of property taxes; chapter

31  195, property assessment administration and finance; chapter

                                  6

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  196, exemption; chapter 197, tax collections, sales, and

  2  liens; chapter 199, intangible personal property taxes; and

  3  chapter 200, determination of millage. The Department of

  4  Revenue shall have the responsibility of regulating,

  5  controlling, and administering all revenue laws and performing

  6  all duties as provided in s. 125.0104, the Local Option

  7  Tourist Development Act; s. 125.0108, tourist impact tax;

  8  chapter 198, estate taxes; chapter 201, excise tax on

  9  documents; chapter 203, gross receipts taxes; chapter 206,

10  motor and other fuel taxes; chapter 211, tax on production of

11  oil and gas and severance of solid minerals; chapter 212, tax

12  on sales, use, and other transactions; chapter 220, income tax

13  code; chapter 221, emergency excise tax; ss. 336.021 and

14  336.025, taxes on motor fuel and special fuel; s. 370.07(3),

15  Apalachicola Bay oyster surcharge; s. 376.11, pollutant spill

16  prevention and control; s. 403.718, waste tire fees; s.

17  403.7185, lead-acid battery fees; s. 403.7195, waste newsprint

18  disposal fees; s. 538.09, registration of secondhand dealers;

19  s. 538.25, registration of secondary metals recyclers; s.

20  624.4621, group self-insurer's fund premium tax; s. 624.5091,

21  retaliatory tax; s. 624.475, commercial self-insurance fund

22  premium tax; ss. 624.509-624.511, insurance code:

23  administration and general provisions; s. 624.515, State Fire

24  Marshal regulatory assessment; s. 627.357, medical malpractice

25  self-insurance premium tax; s. 629.5011, reciprocal insurers

26  premium tax; and s. 681.117, motor vehicle warranty

27  enforcement.

28         Section 10.  Subsections (1) and (4), paragraphs (k)

29  and (p) of subsection (7), and paragraph (a) of subsection

30  (14) of section 213.053, Florida Statutes, are amended to

31  read:

                                  7

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         213.053  Confidentiality and information sharing.--

  2         (1)  The provisions of this section apply to s.

  3  125.0104, county government; s. 125.0108, tourist impact tax;

  4  chapter 175, municipal firefighters' pension trust funds;

  5  chapter 185, municipal police officers' retirement trust

  6  funds; chapter 198, estate taxes; chapter 199, intangible

  7  personal property taxes; chapter 201, excise tax on documents;

  8  chapter 203, gross receipts taxes; chapter 211, tax on

  9  severance and production of minerals; chapter 212, tax on

10  sales, use, and other transactions; chapter 220, income tax

11  code; chapter 221, emergency excise tax; s. 252.372, emergency

12  management, preparedness, and assistance surcharge; s.

13  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

14  pollutant spill prevention and control; s. 403.718, waste tire

15  fees; s. 403.7185, lead-acid battery fees; s. 403.7195, waste

16  newsprint disposal fees; s. 538.09, registration of secondhand

17  dealers; s. 538.25, registration of secondary metals

18  recyclers; ss. 624.501 and 624.509-624.515, insurance code; s.

19  681.117, motor vehicle warranty enforcement; and s. 896.102,

20  reports of financial transactions in trade or business.

21         (4)  Nothing contained in this section shall prevent

22  the department from publishing statistics so classified as to

23  prevent the identification of particular accounts, reports,

24  declarations, or returns or prevent the department from

25  disclosing to the Comptroller the names and addresses of those

26  taxpayers who have claimed an exemption pursuant to s.

27  199.185(1)(i) or a deduction pursuant to s. 220.63(5).

28         (7)  Notwithstanding any other provision of this

29  section, the department may provide:

30         (k)  Payment information relative to chapters 199, 201,

31  212, 220, and 221 to the Office of Tourism, Trade, and

                                  8

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  Economic Development in its administration of the tax refund

  2  program for qualified defense contractors authorized by s.

  3  288.1045 and the tax refund program for qualified target

  4  industry businesses authorized by s. 288.106.

  5         (p)  Information relative to ss. 199.1055, 220.1845,

  6  and 376.30781 to the Department of Environmental Protection in

  7  the conduct of its official business.

  8

  9  Disclosure of information under this subsection shall be

10  pursuant to a written agreement between the executive director

11  and the agency.  Such agencies, governmental or

12  nongovernmental, shall be bound by the same requirements of

13  confidentiality as the Department of Revenue.  Breach of

14  confidentiality is a misdemeanor of the first degree,

15  punishable as provided by s. 775.082 or s. 775.083.

16         (14)(a)  Notwithstanding any other provision of this

17  section, the department shall, subject to the safeguards

18  specified in paragraph (c), disclose to the Division of

19  Corporations of the Department of State the name, address,

20  federal employer identification number, and duration of tax

21  filings with this state of all corporate or partnership

22  entities which are not on file or have a dissolved status with

23  the Division of Corporations and which have filed tax returns

24  pursuant to either chapter 199 or chapter 220.

25         Section 11.  Section 213.054, Florida Statutes, is

26  amended to read:

27         213.054  Persons claiming tax exemptions or deductions;

28  annual report.--The Department of Revenue shall be responsible

29  for monitoring the utilization of tax exemptions and tax

30  deductions authorized pursuant to chapter 81-179, Laws of

31  Florida.  On or before September 1 of each year, the

                                  9

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  department shall report to the Comptroller the names and

  2  addresses of all persons who have claimed an exemption

  3  pursuant to s. 199.185(1)(i) or a deduction pursuant to s.

  4  220.63(5).

  5         Section 12.  Section 213.31, Florida Statutes, is

  6  amended to read:

  7         213.31  Corporation Tax Administration Trust

  8  Fund.--There is hereby created in the State Treasury the

  9  Corporation Tax Administration Trust Fund.  Moneys in the fund

10  are hereby appropriated to the Department of Revenue for the

11  administration of taxes levied upon corporations, including,

12  but not limited to, those imposed under chapter 199, chapter

13  220, or chapter 221.

14         Section 13.  Paragraph (c) of subsection (6) of section

15  215.555, Florida Statutes, is amended to read:

16         215.555  Florida Hurricane Catastrophe Fund.--

17         (6)  REVENUE BONDS.--

18         (c)  Florida Hurricane Catastrophe Fund Finance

19  Corporation.--

20         1.  In addition to the findings and declarations in

21  subsection (1), the Legislature also finds and declares that:

22         a.  The public benefits corporation created under this

23  paragraph will provide a mechanism necessary for the

24  cost-effective and efficient issuance of bonds. This mechanism

25  will eliminate unnecessary costs in the bond issuance process,

26  thereby increasing the amounts available to pay reimbursement

27  for losses to property sustained as a result of hurricane

28  damage.

29         b.  The purpose of such bonds is to fund reimbursements

30  through the Florida Hurricane Catastrophe Fund to pay for the

31  costs of construction, reconstruction, repair, restoration,

                                  10

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  and other costs associated with damage to properties of

  2  policyholders of covered policies due to the occurrence of a

  3  hurricane.

  4         c.  The efficacy of the financing mechanism will be

  5  enhanced by the corporation's ownership of the assessments, by

  6  the insulation of the assessments from possible bankruptcy

  7  proceedings, and by covenants of the state with the

  8  corporation's bondholders.

  9         2.a.  There is created a public benefits corporation,

10  which is an instrumentality of the state, to be known as the

11  Florida Hurricane Catastrophe Fund Finance Corporation.

12         b.  The corporation shall operate under a five-member

13  board of directors consisting of the Governor or a designee,

14  the Comptroller or a designee, the Treasurer or a designee,

15  the director of the Division of Bond Finance of the State

16  Board of Administration, and the chief operating officer of

17  the Florida Hurricane Catastrophe Fund.

18         c.  The corporation has all of the powers of

19  corporations under chapter 607 and under chapter 617, subject

20  only to the provisions of this subsection.

21         d.  The corporation may issue bonds and engage in such

22  other financial transactions as are necessary to provide

23  sufficient funds to achieve the purposes of this section.

24         e.  The corporation may invest in any of the

25  investments authorized under s. 215.47.

26         f.  There shall be no liability on the part of, and no

27  cause of action shall arise against, any board members or

28  employees of the corporation for any actions taken by them in

29  the performance of their duties under this paragraph.

30         3.a.  In actions under chapter 75 to validate any bonds

31  issued by the corporation, the notice required by s. 75.06

                                  11

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  shall be published only in Leon County and in two newspapers

  2  of general circulation in the state, and the complaint and

  3  order of the court shall be served only on the State Attorney

  4  of the Second Judicial Circuit.

  5         b.  The state hereby covenants with holders of bonds of

  6  the corporation that the state will not repeal or abrogate the

  7  power of the board to direct the Department of Insurance to

  8  levy the assessments and to collect the proceeds of the

  9  revenues pledged to the payment of such bonds as long as any

10  such bonds remain outstanding unless adequate provision has

11  been made for the payment of such bonds pursuant to the

12  documents authorizing the issuance of such bonds.

13         4.  The bonds of the corporation are not a debt of the

14  state or of any political subdivision, and neither the state

15  nor any political subdivision is liable on such bonds. The

16  corporation does not have the power to pledge the credit, the

17  revenues, or the taxing power of the state or of any political

18  subdivision. The credit, revenues, or taxing power of the

19  state or of any political subdivision shall not be deemed to

20  be pledged to the payment of any bonds of the corporation.

21         5.a.  The property, revenues, and other assets of the

22  corporation; the transactions and operations of the

23  corporation and the income from such transactions and

24  operations; and all bonds issued under this paragraph and

25  interest on such bonds are exempt from taxation by the state

26  and any political subdivision, including the intangibles tax

27  under chapter 199 and the income tax under chapter 220. This

28  exemption does not apply to any tax imposed by chapter 220 on

29  interest, income, or profits on debt obligations owned by

30  corporations other than the Florida Hurricane Catastrophe Fund

31  Finance Corporation.

                                  12

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         b.  All bonds of the corporation shall be and

  2  constitute legal investments without limitation for all public

  3  bodies of this state; for all banks, trust companies, savings

  4  banks, savings associations, savings and loan associations,

  5  and investment companies; for all administrators, executors,

  6  trustees, and other fiduciaries; for all insurance companies

  7  and associations and other persons carrying on an insurance

  8  business; and for all other persons who are now or may

  9  hereafter be authorized to invest in bonds or other

10  obligations of the state and shall be and constitute eligible

11  securities to be deposited as collateral for the security of

12  any state, county, municipal, or other public funds. This

13  sub-subparagraph shall be considered as additional and

14  supplemental authority and shall not be limited without

15  specific reference to this sub-subparagraph.

16         6.  The corporation and its corporate existence shall

17  continue until terminated by law; however, no such law shall

18  take effect as long as the corporation has bonds outstanding

19  unless adequate provision has been made for the payment of

20  such bonds pursuant to the documents authorizing the issuance

21  of such bonds. Upon termination of the existence of the

22  corporation, all of its rights and properties in excess of its

23  obligations shall pass to and be vested in the state.

24         Section 14.  Subsection (1) and paragraphs (b) and (c)

25  of subsection (3) of section 220.1845, Florida Statutes, are

26  amended to read:

27         220.1845  Contaminated site rehabilitation tax

28  credit.--

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

30         (a)  A credit in the amount of 35 percent of the costs

31  of voluntary cleanup activity that is integral to site

                                  13

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  rehabilitation at the following sites is allowed against any

  2  tax due for a taxable year under this chapter:

  3         1.  A drycleaning-solvent-contaminated site eligible

  4  for state-funded site rehabilitation under s. 376.3078(3);

  5         2.  A drycleaning-solvent-contaminated site at which

  6  cleanup is undertaken by the real property owner pursuant to

  7  s. 376.3078(11), if the real property owner is not also, and

  8  has never been, the owner or operator of the drycleaning

  9  facility where the contamination exists; or

10         3.  A brownfield site in a designated brownfield area

11  under s. 376.80.

12         (b)  A taxpayer, or multiple taxpayers working jointly

13  to clean up a single site, may not receive more than $250,000

14  per year in tax credits for each site voluntarily

15  rehabilitated. Multiple taxpayers shall receive tax credits in

16  the same proportion as their contribution to payment of

17  cleanup costs. Subject to the same conditions and limitations

18  as provided in this section, a municipality or county which

19  voluntarily rehabilitates a site may receive not more than

20  $250,000 per year in tax credits which it can subsequently

21  transfer subject to the provisions in paragraph (h).

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

23  fully used in any one year because of insufficient tax

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

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

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

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

28  which the corporation is eligible in that year under this

29  section after applying the other credits and unused carryovers

30  in the order provided by s. 220.02(10).

31

                                  14

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         (d)  A taxpayer that files a consolidated return in

  2  this state as a member of an affiliated group under s.

  3  220.131(1) may be allowed the credit on a consolidated return

  4  basis up to the amount of tax imposed upon and paid by the

  5  taxpayer that incurred the rehabilitation costs.

  6         (e)  A taxpayer that receives credit under s. 199.1055

  7  is ineligible to receive credit under this section in a given

  8  tax year.

  9         (e)(f)  A taxpayer that receives state-funded site

10  rehabilitation under s. 376.3078(3) for rehabilitation of a

11  drycleaning-solvent-contaminated site is ineligible to receive

12  credit under this section for costs incurred by the taxpayer

13  in conjunction with the rehabilitation of that site during the

14  same time period that state-administered site rehabilitation

15  was underway.

16         (f)(g)  The total amount of the tax credits which may

17  be granted under this section and s. 199.1055 is $2 million

18  annually.

19         (g)1.(h)1.  Tax credits that may be available under

20  this section to an entity eligible under s. 376.30781 may be

21  transferred after a merger or acquisition to the surviving or

22  acquiring entity and used in the same manner and with the same

23  limitations.

24         2.  The entity or its surviving or acquiring entity as

25  described in subparagraph 1., may transfer any unused credit

26  in whole or in units of no less than 25 percent of the

27  remaining credit.  The entity acquiring such credit may use it

28  in the same manner and with the same limitation as described

29  in this section. Such transferred credits may not be

30  transferred again although they may succeed to a surviving or

31

                                  15

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  acquiring entity subject to the same conditions and

  2  limitations as described in this section.

  3         3.  In the event the credit provided for under this

  4  section is reduced either as a result of a determination by

  5  the Department of Environmental Protection or an examination

  6  or audit by the Department of Revenue, such tax deficiency

  7  shall be recovered from the first entity, or the surviving or

  8  acquiring entity, to have claimed such credit up to the amount

  9  of credit taken.  Any subsequent deficiencies shall be

10  assessed against any entity acquiring and claiming such

11  credit, or in the case of multiple succeeding entities in the

12  order of credit succession.

13         (h)(i)  In order to encourage completion of site

14  rehabilitation at contaminated sites being voluntarily cleaned

15  up and eligible for a tax credit under this section, the

16  taxpayer may claim an additional 10 percent of the total

17  cleanup costs, not to exceed $50,000, in the final year of

18  cleanup as evidenced by the Department of Environmental

19  Protection issuing a "No Further Action" order for that site.

20         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

21  FORFEITURE.--

22         (b)  In addition to its existing audit and

23  investigation authority relating to chapter 199 and this

24  chapter, the Department of Revenue may perform any additional

25  financial and technical audits and investigations, including

26  examining the accounts, books, or records of the tax credit

27  applicant, which are necessary to verify the site

28  rehabilitation costs included in a tax credit return and to

29  ensure compliance with this section. The Department of

30  Environmental Protection shall provide technical assistance,

31

                                  16

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  when requested by the Department of Revenue, on any technical

  2  audits performed pursuant to this section.

  3         (c)  It is grounds for forfeiture of previously claimed

  4  and received tax credits if the Department of Revenue

  5  determines, as a result of either an audit or information

  6  received from the Department of Environmental Protection, that

  7  a taxpayer received tax credits pursuant to this section to

  8  which the taxpayer was not entitled. In the case of fraud, the

  9  taxpayer shall be prohibited from claiming any future tax

10  credits under this section or s. 199.1055.

11         1.  The taxpayer is responsible for returning forfeited

12  tax credits to the Department of Revenue, and such funds shall

13  be paid into the General Revenue Fund of the state.

14         2.  The taxpayer shall file with the Department of

15  Revenue an amended tax return or such other report as the

16  Department of Revenue prescribes by rule and shall pay any

17  required tax within 60 days after the taxpayer receives

18  notification from the Department of Environmental Protection

19  pursuant to s. 376.30781 that previously approved tax credits

20  have been revoked or modified, if uncontested, or within 60

21  days after a final order is issued following proceedings

22  involving a contested revocation or modification order.

23         3.  A notice of deficiency may be issued by the

24  Department of Revenue at any time within 5 years after the

25  date the taxpayer receives notification from the Department of

26  Environmental Protection pursuant to s. 376.30781 that

27  previously approved tax credits have been revoked or modified.

28  If a taxpayer fails to notify the Department of Revenue of any

29  change in its tax credit claimed, a notice of deficiency may

30  be issued at any time. In either case, the amount of any

31  proposed assessment set forth in such notice of deficiency

                                  17

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  shall be limited to the amount of any deficiency resulting

  2  under this section from the recomputation of the taxpayer's

  3  tax for the taxable year.

  4         4.  Any taxpayer that fails to report and timely pay

  5  any tax due as a result of the forfeiture of its tax credit is

  6  in violation of this section and is subject to applicable

  7  penalty and interest.

  8         Section 15.  Paragraph (b) of subsection (2) of section

  9  288.039, Florida Statutes, is amended to read:

10         288.039  Employing and Training our Youths (ENTRY).--

11         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

12         (b)  After entering into an employment/tax refund

13  agreement under subsection (3), an eligible business may

14  receive refunds for the following taxes or fees due and paid

15  by that business:

16         1.  Taxes on sales, use, and other transactions under

17  chapter 212.

18         2.  Corporate income taxes under chapter 220.

19         3.  Intangible personal property taxes under chapter

20  199.

21         3.4.  Emergency excise taxes under chapter 221.

22         4.5.  Excise taxes on documents under chapter 201.

23         5.6.  Ad valorem taxes paid, as defined in s.

24  220.03(1).

25         6.7.  Insurance premium taxes under s. 624.509.

26         7.8.  Occupational license fees under chapter 205.

27

28  However, an eligible business may not receive a refund under

29  this section for any amount of credit, refund, or exemption

30  granted to that business for any of such taxes or fees.  If a

31  refund for such taxes or fees is provided by the office, which

                                  18

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  taxes or fees are subsequently adjusted by the application of

  2  any credit, refund, or exemption granted to the eligible

  3  business other than as provided in this section, the business

  4  shall reimburse the office for the amount of that credit,

  5  refund, or exemption.  An eligible business shall notify and

  6  tender payment to the office within 20 days after receiving

  7  any credit, refund, or exemption other than the one provided

  8  in this section.

  9         Section 16.  Paragraph (f) of subsection (2) and

10  paragraph (d) of subsection (3) of section 288.1045, Florida

11  Statutes, are amended to read:

12         288.1045  Qualified defense contractor tax refund

13  program.--

14         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

15         (f)  After entering into a tax refund agreement

16  pursuant to subsection (4), a qualified applicant may receive

17  refunds from the Economic Development Trust Fund for the

18  following taxes due and paid by the qualified applicant

19  beginning with the applicant's first taxable year that begins

20  after entering into the agreement:

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.

29         4.5.  Excise taxes paid on documents pursuant to

30  chapter 201.

31

                                  19

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         5.6.  Ad valorem taxes paid, as defined in s.

  2  220.03(1)(a) on June 1, 1996.

  3

  4  However, a qualified applicant may not receive a tax refund

  5  pursuant to this section for any amount of credit, refund, or

  6  exemption granted such contractor for any of such taxes. If a

  7  refund for such taxes is provided by the office, which taxes

  8  are subsequently adjusted by the application of any credit,

  9  refund, or exemption granted to the qualified applicant other

10  than that provided in this section, the qualified applicant

11  shall reimburse the Economic Development Trust Fund for the

12  amount of such credit, refund, or exemption. A qualified

13  applicant must notify and tender payment to the office within

14  20 days after receiving a credit, refund, or exemption, other

15  than that provided in this section.

16         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

17  DETERMINATION.--

18         (d)  Applications for certification based on a contract

19  for reuse of a defense-related facility must be submitted to

20  the office as prescribed by the office and must include, but

21  are not limited to, the following information:

22         1.  The applicant's Florida sales tax registration

23  number and a notarized signature of an officer of the

24  applicant.

25         2.  The permanent location of the manufacturing,

26  assembling, fabricating, research, development, or design

27  facility in this state at which the project is or is to be

28  located.

29         3.  The business entity holding a valid Department of

30  Defense contract or branch of the Armed Forces of the United

31

                                  20

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  States that previously occupied the facility, and the date

  2  such entity last occupied the facility.

  3         4.  A copy of the contract to reuse the facility, or

  4  such alternative proof as may be prescribed by the office that

  5  the applicant is seeking to contract for the reuse of such

  6  facility.

  7         5.  The date the contract to reuse the facility was

  8  executed or is expected to be executed, and the date the

  9  contract is due to expire or is expected to expire.

10         6.  The commencement date for project operations under

11  the contract in this state.

12         7.  The number of full-time equivalent jobs in this

13  state which are or will be dedicated to the project during the

14  year and the average wage of such jobs.

15         8.  The total number of full-time equivalent employees

16  employed by the applicant in this state.

17         9.  The amount of:

18         a.  Taxes on sales, use, and other transactions paid

19  pursuant to chapter 212.

20         b.  Corporate income taxes paid pursuant to chapter

21  220.

22         c.  Intangible personal property taxes paid pursuant to

23  chapter 199.

24         c.d.  Emergency excise taxes paid pursuant to chapter

25  221.

26         d.e.  Excise taxes paid on documents pursuant to

27  chapter 201.

28         e.f.  Ad valorem taxes paid during the 5 fiscal years

29  immediately preceding the date of the application, and the

30  projected amounts of such taxes to be due in the 3 fiscal

31  years immediately following the date of the application.

                                  21

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         10.  The estimated amount of tax refunds to be claimed

  2  in each fiscal year.

  3         11.  A brief statement concerning the applicant's need

  4  for tax refunds, and the proposed uses of such refunds by the

  5  applicant.

  6         12.  A resolution adopted by the county commissioners

  7  of the county in which the project will be located, which

  8  recommends the applicant be approved as a qualified applicant,

  9  and which indicates that the necessary commitments of local

10  financial support for the applicant exist. Prior to the

11  adoption of the resolution, the county commission may review

12  the proposed public or private sources of such support and

13  determine whether the proposed sources of local financial

14  support can be provided or, for any applicant whose project is

15  located in a county designated by the Rural Economic

16  Development Initiative, a resolution adopted by the county

17  commissioners of such county requesting that the applicant's

18  project be exempt from the local financial support

19  requirement.

20         13.  Any additional information requested by the

21  office.

22         Section 17.  Paragraph (c) of subsection (3) of section

23  288.106, Florida Statutes, is amended to read:

24         288.106  Tax refund program for qualified target

25  industry businesses.--

26         (3)  TAX REFUND; ELIGIBLE AMOUNTS.--

27         (c)  After entering into a tax refund agreement under

28  subsection (5), a qualified target industry business may:

29         1.  Receive refunds from the account for the following

30  taxes due and paid by that business beginning with the first

31

                                  22

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  taxable year of the business which begins after entering into

  2  the agreement:

  3         a.  Corporate income taxes under chapter 220.

  4         b.  Insurance premium tax under s. 624.509.

  5         2.  Receive refunds from the account for the following

  6  taxes due and paid by that business after entering into the

  7  agreement:

  8         a.  Taxes on sales, use, and other transactions under

  9  chapter 212.

10         b.  Intangible personal property taxes under chapter

11  199.

12         b.c.  Emergency excise taxes under chapter 221.

13         c.d.  Excise taxes on documents under chapter 201.

14         d.e.  Ad valorem taxes paid, as defined in s.

15  220.03(1).

16         Section 18.  Paragraph (c) of subsection (1) and

17  paragraph (d) of subsection (2) of section 288.1066, Florida

18  Statutes, are amended to read:

19         288.1066  Confidentiality of records.--

20         (1)  The following information when received by the

21  Department of Commerce; the Office of Tourism, Trade, and

22  Economic Development; Enterprise Florida, Inc.; or county or

23  municipal governmental entities and their employees pursuant

24  to the qualified defense contractor tax refund program as

25  required by s. 288.1045 is confidential and exempt from the

26  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution for a period not to exceed the duration of the

28  tax refund agreement or 10 years, whichever is earlier:

29         (c)  The amount of:

30         1.  Taxes on sales, use, and other transactions paid

31  pursuant to chapter 212;

                                  23

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         2.  Corporate income taxes paid pursuant to chapter

  2  220;

  3         3.  Intangible personal property taxes paid pursuant to

  4  former chapter 199;

  5         4.  Emergency excise taxes paid pursuant to chapter

  6  221; and

  7         5.  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         (2)  The following information when received by the

14  Department of Commerce; the Office of Tourism, Trade, and

15  Economic Development; Enterprise Florida, Inc.; or county or

16  municipal governmental entities and their employees pursuant

17  to the qualified target industry tax refund program as

18  required by s. 288.106 is confidential and exempt from the

19  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution for a period not to exceed the duration of the

21  tax refund agreement or 10 years, whichever is earlier:

22         (d)  The amount of:

23         1.  Taxes on sales, use, and other transactions paid

24  pursuant to chapter 212;

25         2.  Corporate income taxes paid pursuant to chapter

26  220;

27         3.  Intangible personal property taxes paid pursuant to

28  former chapter 199;

29         4.  Emergency excise taxes paid pursuant to chapter

30  221; and

31         5.  Ad valorem taxes paid

                                  24

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1

  2  during the 5 fiscal years immediately preceding the date of

  3  the application, and the projected amounts of such taxes to be

  4  due in the 3 fiscal years immediately following the date of

  5  the application.

  6         Section 19.  Subsections (3) and (12) of section

  7  376.30781, Florida Statutes, are amended to read:

  8         376.30781  Partial tax credits for rehabilitation of

  9  drycleaning-solvent-contaminated sites and brownfield sites in

10  designated brownfield areas; application process; rulemaking

11  authority; revocation authority.--

12         (3)  The Department of Environmental Protection shall

13  be responsible for allocating the tax credits provided for in

14  s. ss. 199.1055 and 220.1845, not to exceed a total of $2

15  million in tax credits annually.

16         (12)  An owner, operator, or real property owner who

17  receives state-funded site rehabilitation under s. 376.3078(3)

18  for rehabilitation of a drycleaning-solvent-contaminated site

19  is ineligible to receive a tax credit under s. 199.1055 or s.

20  220.1845 for costs incurred by the taxpayer in conjunction

21  with the rehabilitation of that site during the same time

22  period that state-administered site rehabilitation was

23  underway.

24         Section 20.  Paragraph (e) of subsection (14) of

25  section 440.49, Florida Statutes, is amended to read:

26         440.49  Limitation of liability for subsequent injury

27  through Special Disability Trust Fund.--

28         (14)  FLORIDA SPECIAL DISABILITY TRUST FUND FINANCING

29  CORPORATION.--

30         (e)1.  The funds, credit, property, or taxing power of

31  the state or political subdivisions of the state shall not be

                                  25

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  pledged for the payment of such bonds. The bonds of the

  2  corporation are not a debt of the state or of any political

  3  subdivision, and neither the state nor any political

  4  subdivision is liable on such bonds. The corporation does not

  5  have the power to pledge the credit, the revenues, or the

  6  taxing power of the state or of any political subdivision. The

  7  credit, revenues, or taxing power of the state or of any

  8  political subdivision shall not be deemed to be pledged to the

  9  payment of any bonds of the corporation. However, bonds issued

10  under this subsection are declared to be for an essential

11  public and governmental purpose.

12         2.  The property, revenues, and other assets of the

13  corporation; the transactions and operations of the

14  corporation and the income from such transactions and

15  operations; and all bonds issued under this paragraph and the

16  interest on such bonds, which is exempt from income taxes of

17  the United States, are exempt from taxation by the state and

18  any political subdivision, including, but not limited to, the

19  intangibles tax under chapter 199, the income tax under

20  chapter 220, and the premium tax under the Florida Insurance

21  Code. This exemption does not apply to any tax imposed by

22  chapter 220 on interest income or profits on debt obligations

23  owned by corporations other than the Special Disability Trust

24  Fund Financing Corporation. The corporation is not subject to

25  the reporting requirements mandated by the Florida Insurance

26  Code.

27         Section 21.  Subsection (13) of section 493.6102,

28  Florida Statutes, is amended to read:

29         493.6102  Inapplicability of parts I through IV of this

30  chapter.--This chapter shall not apply to:

31

                                  26

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         (13)  Any individual employed as a security officer by

  2  a church or ecclesiastical or denominational organization

  3  having an established physical place of worship in this state

  4  at which nonprofit religious services and activities are

  5  regularly conducted or by a church cemetery religious

  6  institution as defined in s. 199.183(2)(a) to provide security

  7  on the institution property of the organization or cemetery,

  8  and who does not carry a firearm in the course of her or his

  9  duties.

10         Section 22.  Paragraph (a) of subsection (3) of section

11  516.031, Florida Statutes, is amended to read:

12         516.031  Finance charge; maximum rates.--

13         (3)  OTHER CHARGES.--

14         (a)  In addition to the interest and insurance charges

15  herein provided for, no further or other charges or amount

16  whatsoever for any examination, service, commission, or other

17  thing or otherwise shall be directly or indirectly charged,

18  contracted for, or received as a condition to the grant of a

19  loan, except:

20         1.  An amount not to exceed $10 to reimburse a portion

21  of the costs for investigating the character and credit of the

22  person applying for the loan;

23         2.  An annual fee of $25 on the anniversary date of

24  each line-of-credit account;

25         3.  Charges paid for brokerage fee on a loan or line of

26  credit of more than $10,000, title insurance, and the

27  appraisal of real property offered as security when paid to a

28  third party and supported by an actual expenditure;

29         4.  Intangible personal property tax on the loan note

30  or obligation when secured by a lien on real property;

31

                                  27

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         4.5.  The documentary excise tax and lawful fees, if

  2  any, actually and necessarily paid out by the licensee to any

  3  public officer for filing, recording, or releasing in any

  4  public office any instrument securing the loan, which fees may

  5  be collected when the loan is made or at any time thereafter;

  6         5.6.  The premium payable for any insurance in lieu of

  7  perfecting any security interest otherwise required by the

  8  licensee in connection with the loan, if the premium does not

  9  exceed the fees which would otherwise be payable, which

10  premium may be collected when the loan is made or at any time

11  thereafter;

12         6.7.  Actual and reasonable attorney's fees and court

13  costs as determined by the court in which suit is filed; or

14         7.8.  Actual and commercially reasonable expenses of

15  repossession, storing, repairing and placing in condition for

16  sale, and selling of any property pledged as security.

17

18  Any charges, including interest, in excess of the combined

19  total of all charges authorized and permitted by this chapter

20  constitute a violation of chapter 687 governing interest and

21  usury, and the penalties of that chapter apply. In the event

22  of a bona fide error, the licensee shall refund or credit the

23  borrower with the amount of the overcharge immediately but

24  within 20 days from the discovery of such error.

25         Section 23.  Subsection (1) of section 607.1622,

26  Florida Statutes, is amended to read:

27         607.1622  Annual report for Department of State.--

28         (1)  Each domestic corporation and each foreign

29  corporation authorized to transact business in this state

30  shall deliver to the Department of State for filing a sworn

31

                                  28

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  annual report on such forms as the Department of State

  2  prescribes that sets forth:

  3         (a)  The name of the corporation and the state or

  4  country under the law of which it is incorporated;

  5         (b)  The date of incorporation or, if a foreign

  6  corporation, the date on which it was admitted to do business

  7  in this state;

  8         (c)  The address of its principal office and the

  9  mailing address of the corporation;

10         (d)  The corporation's federal employer identification

11  number, if any, or, if none, whether one has been applied for;

12         (e)  The names and business street addresses of its

13  directors and principal officers;

14         (f)  The street address of its registered office and

15  the name of its registered agent at that office in this state;

16         (g)  Whether the corporation has liability for

17  intangible taxes under former s. 199.032.  The Department of

18  State shall annually prepare a list of those corporations that

19  have indicated no intangible tax liability, and provide such

20  list to the Department of Revenue;

21         (h)  Language permitting a voluntary contribution of $5

22  per taxpayer, which contribution shall be transferred into the

23  Election Campaign Financing Trust Fund.  A statement providing

24  an explanation of the purpose of the trust fund shall also be

25  included; and

26         (i)  Such additional information as may be necessary or

27  appropriate to enable the Department of State to carry out the

28  provisions of this act.

29         Section 24.  Paragraph (m) of subsection (4) of section

30  627.311, Florida Statutes, is amended to read:

31         627.311  Joint underwriters and joint reinsurers.--

                                  29

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         (4)

  2         (m)  Each joint underwriting plan or association

  3  created under this section is not a state agency, board, or

  4  commission. However, for the purposes of s. 199.183(1) only,

  5  the joint underwriting plan is a political subdivision of the

  6  state and is exempt from the corporate income tax.

  7         Section 25.  Paragraph (j) of subsection (6) of section

  8  627.351, Florida Statutes, is amended to read:

  9         627.351  Insurance risk apportionment plans.--

10         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT

11  UNDERWRITING ASSOCIATION.--

12         (j)  The Residential Property and Casualty Joint

13  Underwriting Association is not a state agency, board, or

14  commission. However, for the purposes of s. 199.183(1), the

15  Residential Property and Casualty Joint Underwriting

16  Association is shall be considered a political subdivision of

17  the state and shall be exempt from the corporate income tax.

18         Section 26.  Paragraph (b) of subsection (6) of section

19  650.05, Florida Statutes, is amended to read:

20         650.05  Plans for coverage of employees of political

21  subdivisions.--

22         (6)

23         (b)  The grants-in-aid and other revenue referred to in

24  paragraph (a) specifically include, but are not limited to,

25  minimum foundation program grants to public school districts

26  and community colleges; gasoline, motor fuel, intangible,

27  cigarette, racing, and insurance premium taxes distributed to

28  political subdivisions; and amounts specifically appropriated

29  as grants-in-aid for mental health, mental retardation, and

30  mosquito control programs.

31

                                  30

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1         Section 27.  Subsection (1) of section 655.071, Florida

  2  Statutes, is amended to read:

  3         655.071  International banking facilities; definitions;

  4  notice before establishment.--

  5         (1)  "International banking facility" means a set of

  6  asset and liability accounts segregated on the books and

  7  records of a banking organization, as that term is defined in

  8  s. 199.023, Florida Statutes 1999, that includes only

  9  international banking facility deposits, borrowings, and

10  extensions of credit, as those terms shall be defined by the

11  department pursuant to subsection (2).

12         Section 28.  Subsection (2) of section 733.604, Florida

13  Statutes, is amended to read:

14         733.604  Inventory.--

15         (2)  The personal representative shall serve a copy of

16  the inventory on the Department of Revenue, as provided in s.

17  199.062(4), the surviving spouse, each heir at law in an

18  intestate estate, each residuary beneficiary in a testate

19  estate, and any other interested person who may request it;

20  and the personal representative shall file proof of such

21  service. The inventory shall be verified by the personal

22  representative.

23         Section 29.  Paragraph (a) of subsection (1) of section

24  766.105, Florida Statutes, is amended to read:

25         766.105  Florida Patient's Compensation Fund.--

26         (1)  DEFINITIONS.--The following definitions apply in

27  the interpretation and enforcement of this section:

28         (a)  The term "fund" means the Florida Patient's

29  Compensation Fund.  The fund is not a state agency, board, or

30  commission.  However, for the purposes of s. 199.183(1) only,

31

                                  31

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






    Florida Senate - 2000                                   SB 906
    25-339-00




  1  the fund shall be considered a political subdivision of this

  2  state.

  3         Section 30.  Subsection (5) of section 192.032,

  4  subsection (3) of section 192.042, subsection (4) of section

  5  193.114, subsection (9) of section 196.015, subsections (2)

  6  and (7) of section 213.27, paragraph (g) of subsection (1) of

  7  section 607.1622, and subsection (2) of section 731.111,

  8  Florida Statutes, are repealed.

  9         Section 31.  This act shall take effect January 1,

10  2001.

11

12            *****************************************

13                          SENATE SUMMARY

14    Abolishes the intangible personal property tax.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  32