Senate Bill sb1014

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    Florida Senate - 2003                                  SB 1014

    By Senator Cowin





    20-335-03

  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         288.1067, 376.30781, 493.6102, 516.031,

10         627.311, 627.351, 650.05, 655.071, 766.105,

11         F.S., to conform to such repeal; repealing ss.

12         192.032(5), 192.042(3), 193.114(4), 196.015(9),

13         607.1622(1)(g), F.S., relating to assessment of

14         intangible personal property, the intangible

15         personal property tax roll, filing of

16         intangible tax returns as a factor in

17         determining residency, and intangible tax

18         liability information in a corporation's annual

19         report; amending s. 192.0105, F.S.; correcting

20         a cross-reference; providing an effective date.

21  

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

23  

24         Section 1.  Chapter 199, Florida Statutes, consisting

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

26  199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,

27  199.133, 199.135, 199.143, 199.145, 199.155, 199.175, 199.183,

28  199.185, 199.1851, 199.202, 199.212, 199.218, 199.232,

29  199.262, 199.272, 199.282, 199.292, and 199.303, Florida

30  Statutes, is repealed.

31  

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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 202,

10  chapter 203, chapter 206, chapter 207, chapter 210, chapter

11  211, chapter 212, chapter 213, chapter 220, chapter 221, s.

12  370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185,

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 does

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, 2002, 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, 2002, in the

15  conduct of an international banking transaction, as defined in

16  s. 199.023(11), Florida Statutes, 2002.  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. Section 192.0105 provides

16  additional rights afforded to payors of property taxes and

17  assessments. The rights afforded taxpayers to ensure that

18  their privacy and property are safeguarded and protected

19  during tax assessment and collection are available only

20  insofar as they are implemented in other parts of the Florida

21  Statutes or rules of the Department of Revenue. The rights so

22  guaranteed Florida taxpayers in the Florida Statutes and the

23  departmental rules are:

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

25  or other qualified representatives at any time in

26  administrative interactions with the department, the right to

27  procedural safeguards with respect to recording of interviews

28  during tax determination or collection processes conducted by

29  the department, the right to be treated in a professional

30  manner by department personnel, and the right to have audits,

31  inspections of records, and interviews conducted at a

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 1  reasonable time and place except in criminal and internal

 2  investigations (see ss. 198.06, 199.218, 201.11(1), 203.02,

 3  206.14, 211.125(3), 211.33(3), 212.0305(3), 212.12(5)(a),

 4  (6)(a), and (13), 212.13(5), 213.05, 213.21(1)(a) and (c), and

 5  213.34).

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

 7  actions which require sale or seizure of property or freezing

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

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

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

11  206.24, 211.125(5), 212.03(5), 212.0305(3)(j), 212.04(7),

12  212.14(1), 213.73(3), 213.731, and 220.739).

13         (11)  The right to procedures for requesting

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

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

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

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

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

19  212.15(4), 213.733, and 220.819).

20         Section 9.  Section 213.05, Florida Statutes, is

21  amended to read:

22         213.05  Department of Revenue; control and

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

24  shall have only those responsibilities for ad valorem taxation

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

26  provisions; chapter 193, assessments; chapter 194,

27  administrative and judicial review of property taxes; chapter

28  195, property assessment administration and finance; chapter

29  196, exemption; chapter 197, tax collections, sales, and

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

31  chapter 200, determination of millage. The Department of

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 1  Revenue shall have the responsibility of regulating,

 2  controlling, and administering all revenue laws and performing

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

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

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

 6  documents; chapter 202, communications services tax; chapter

 7  203, gross receipts taxes; chapter 206, motor and other fuel

 8  taxes; chapter 211, tax on production of oil and gas and

 9  severance of solid minerals; chapter 212, tax on sales, use,

10  and other transactions; chapter 220, income tax code; chapter

11  221, emergency excise tax; ss. 336.021 and 336.025, taxes on

12  motor fuel and special fuel; s. 370.07(3), Apalachicola Bay

13  oyster surcharge; s. 376.11, pollutant spill prevention and

14  control; s. 403.718, waste tire fees; s. 403.7185, lead-acid

15  battery fees; s. 538.09, registration of secondhand dealers;

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

17  624.4621, group self-insurer's fund premium tax; s. 624.5091,

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

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

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

21  Marshal regulatory assessment; s. 627.357, medical malpractice

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

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

24  enforcement.

25         Section 10.  Paragraph (a) of subsection (1),

26  subsection (4), paragraphs (k) and (p) of subsection (7), and

27  paragraph (a) of subsection (14) of section 213.053, Florida

28  Statutes, are amended to read:

29         213.053  Confidentiality and information sharing.--

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

31  125.0104, county government; s. 125.0108, tourist impact tax;

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 1  chapter 175, municipal firefighters' pension trust funds;

 2  chapter 185, municipal police officers' retirement trust

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

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

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

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

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

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

 9  management, preparedness, and assistance surcharge; s.

10  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

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

12  fees; s. 403.7185, lead-acid battery fees; s. 538.09,

13  registration of secondhand dealers; s. 538.25, registration of

14  secondary metals recyclers; ss. 624.501 and 624.509-624.515,

15  insurance code; s. 681.117, motor vehicle warranty

16  enforcement; and s. 896.102, reports of financial transactions

17  in trade or business.

18         (4)  Nothing contained in this section shall prevent

19  the department from publishing statistics so classified as to

20  prevent the identification of particular accounts, reports,

21  declarations, or returns or prevent the department from

22  disclosing to the Comptroller the names and addresses of those

23  taxpayers who have claimed an exemption pursuant to s.

24  199.185(1)(i) or a deduction pursuant to s. 220.63(5).

25         (7)  Notwithstanding any other provision of this

26  section, the department may provide:

27         (k)1.  Payment information relative to chapters 199,

28  201, 212, 220, 221, and 624 to the Office of Tourism, Trade,

29  and Economic Development, or its employees or agents that are

30  identified in writing by the office to the department, in the

31  administration of the tax refund program for qualified defense

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 1  contractors authorized by s. 288.1045 and the tax refund

 2  program for qualified target industry businesses authorized by

 3  s. 288.106.

 4         2.  Information relative to tax credits taken by a

 5  business under s. 220.191 and exemptions or tax refunds

 6  received by a business under s. 212.08(5)(j) to the Office of

 7  Tourism, Trade, and Economic Development, or its employees or

 8  agents that are identified in writing by the office to the

 9  department, in the administration and evaluation of the

10  capital investment tax credit program authorized in s. 220.191

11  and the semiconductor, defense, and space tax exemption

12  program authorized in s. 212.08(5)(j).

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

14  and 376.30781 to the Department of Environmental Protection in

15  the conduct of its official business.

16  

17  Disclosure of information under this subsection shall be

18  pursuant to a written agreement between the executive director

19  and the agency.  Such agencies, governmental or

20  nongovernmental, shall be bound by the same requirements of

21  confidentiality as the Department of Revenue.  Breach of

22  confidentiality is a misdemeanor of the first degree,

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

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

25  section, the department shall, subject to the safeguards

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

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

28  federal employer identification number, and duration of tax

29  filings with this state of all corporate or partnership

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

31  

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 1  the Division of Corporations and which have filed tax returns

 2  pursuant to either chapter 199 or chapter 220.

 3         Section 11.  Section 213.054, Florida Statutes, is

 4  amended to read:

 5         213.054  Persons claiming tax exemptions or deductions;

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

 7  for monitoring the utilization of tax exemptions and tax

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

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

10  department shall report to the Comptroller the names and

11  addresses of all persons who have claimed an exemption

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

13  220.63(5).

14         Section 12.  Section 213.27, Florida Statutes, is

15  amended to read:

16         213.27  Contracts with debt collection agencies and

17  certain vendors.--

18         (1)  The Department of Revenue may, for the purpose of

19  collecting any delinquent taxes due from a taxpayer, including

20  taxes for which a bill or notice has been generated, contract

21  with any debt collection agency or attorney doing business

22  within or without this state for the collection of such

23  delinquent taxes including penalties and interest thereon. The

24  department may also share confidential information pursuant to

25  the contract necessary for the collection of delinquent taxes

26  and taxes for which a billing or notice has been generated.

27  Contracts will be made pursuant to chapter 287.  The taxpayer

28  must be notified by mail by the department, its employees, or

29  its authorized representative 30 days prior to commencing any

30  litigation to recover any delinquent taxes.  The taxpayer must

31  be notified by mail by the department 30 days prior to the

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 1  department assigning the collection of any taxes to the debt

 2  collection agency.

 3         (2)  The department may enter into contracts with any

 4  individual or business for the purpose of identifying

 5  intangible personal property tax liability.  Contracts may

 6  provide for the identification of assets subject to the tax on

 7  intangible personal property, the determination of value of

 8  such property, the requirement for filing a tax return and the

 9  collection of taxes due, including applicable penalties and

10  interest thereon. The department may share confidential

11  information pursuant to the contract necessary for the

12  identification of taxable intangible personal property.

13  Contracts shall be made pursuant to chapter 287.  The taxpayer

14  must be notified by mail by the department 30 days prior to

15  the department assigning identification of intangible personal

16  property to an individual or business.

17         (2)(3)  Any contract may provide, in the discretion of

18  the executive director of the Department of Revenue, the

19  manner in which the compensation for such services will be

20  paid.  Under standards established by the department, such

21  compensation shall be added to the amount of the tax and

22  collected as a part thereof by the agency or deducted from the

23  amount of tax, penalty, and interest actually collected.

24         (3)(4)  All funds collected under the terms of the

25  contract, less the fees provided in the contract, shall be

26  remitted to the department within 30 days from the date of

27  collection from a taxpayer.  Forms to be used for such purpose

28  shall be prescribed by the department.

29         (4)(5)  The department shall require a bond from the

30  debt collection agency or the individual or business

31  contracted with under subsection (2) not in excess of $100,000

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 1  guaranteeing compliance with the terms of the contract.

 2  However, a bond of $10,000 is required from a debt collection

 3  agency if the agency does not actually collect and remit

 4  delinquent funds to the department.

 5         (5)(6)  The department may, for the purpose of

 6  ascertaining the amount of or collecting any taxes due from a

 7  person doing mail order business in this state, contract with

 8  any auditing agency doing business within or without this

 9  state for the purpose of conducting an audit of such mail

10  order business; however, such audit agency may not conduct an

11  audit on behalf of the department of any person domiciled in

12  this state, person registered for sales and use tax purposes

13  in this state, or corporation filing a Florida corporate tax

14  return, if any such person or corporation objects to such

15  audit in writing to the department and the auditing agency.

16  The department shall notify the taxpayer by mail at least 30

17  days before the department assigns the collection of such

18  taxes.

19         (6)(7)  Confidential information shared by the

20  department with debt collection or auditing agencies or

21  individuals or businesses with which the department has

22  contracted under subsection (2) is exempt from the provisions

23  of s. 119.07(1), and debt collection or auditing agencies and

24  individuals or businesses with which the department has

25  contracted under subsection (2) shall be bound by the same

26  requirements of confidentiality as the Department of Revenue.

27  Breach of confidentiality is a misdemeanor of the first

28  degree, punishable as provided by ss. 775.082 and 775.083.

29         (7)(8)(a)  The executive director of the department may

30  enter into contracts with private vendors to develop and

31  implement systems to enhance tax collections where

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 1  compensation to the vendors is funded through increased tax

 2  collections.  The amount of compensation paid to a vendor

 3  shall be based on a percentage of increased tax collections

 4  attributable to the system after all administrative and

 5  judicial appeals are exhausted, and the total amount of

 6  compensation paid to a vendor shall not exceed the maximum

 7  amount stated in the contract.

 8         (b)  A person acting on behalf of the department under

 9  a contract authorized by this subsection does not exercise any

10  of the powers of the department, except that the person is an

11  agent of the department for the purposes of developing and

12  implementing a system to enhance tax collection.

13         (c)  Disclosure of information under this subsection

14  shall be pursuant to a written agreement between the executive

15  director and the private vendors. The vendors shall be bound

16  by the same requirements of confidentiality as the department.

17  Breach of confidentiality is a misdemeanor of the first

18  degree, punishable as provided in s. 775.082 or s. 775.083.

19         Section 13.  Section 213.31, Florida Statutes, is

20  amended to read:

21         213.31  Corporation Tax Administration Trust

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

23  Corporation Tax Administration Trust Fund.  Moneys in the fund

24  are hereby appropriated to the Department of Revenue for the

25  administration of taxes levied upon corporations, including,

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

27  220, or chapter 221.

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

29  215.555, Florida Statutes, is amended to read:

30         215.555  Florida Hurricane Catastrophe Fund.--

31         (6)  REVENUE BONDS.--

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 1         (c)  Florida Hurricane Catastrophe Fund Finance

 2  Corporation.--

 3         1.  In addition to the findings and declarations in

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

 5         a.  The public benefits corporation created under this

 6  paragraph will provide a mechanism necessary for the

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

 8  will eliminate unnecessary costs in the bond issuance process,

 9  thereby increasing the amounts available to pay reimbursement

10  for losses to property sustained as a result of hurricane

11  damage.

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

13  through the Florida Hurricane Catastrophe Fund to pay for the

14  costs of construction, reconstruction, repair, restoration,

15  and other costs associated with damage to properties of

16  policyholders of covered policies due to the occurrence of a

17  hurricane.

18         c.  The efficacy of the financing mechanism will be

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

20  the insulation of the assessments from possible bankruptcy

21  proceedings, and by covenants of the state with the

22  corporation's bondholders.

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

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

25  Florida Hurricane Catastrophe Fund Finance Corporation.

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

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

28  the Comptroller or a designee, the Treasurer or a designee,

29  the director of the Division of Bond Finance of the State

30  Board of Administration, and the chief operating officer of

31  the Florida Hurricane Catastrophe Fund.

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 1         c.  The corporation has all of the powers of

 2  corporations under chapter 607 and under chapter 617, subject

 3  only to the provisions of this subsection.

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

 5  other financial transactions as are necessary to provide

 6  sufficient funds to achieve the purposes of this section.

 7         e.  The corporation may invest in any of the

 8  investments authorized under s. 215.47.

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

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

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

12  the performance of their duties under this paragraph.

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

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

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

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

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

18  of the Second Judicial Circuit.

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

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

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

22  levy the assessments and to collect the proceeds of the

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

24  such bonds remain outstanding unless adequate provision has

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

26  documents authorizing the issuance of such bonds.

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

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

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

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

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

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

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

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

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

 5  corporation; the transactions and operations of the

 6  corporation and the income from such transactions and

 7  operations; and all bonds issued under this paragraph and

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

 9  and any political subdivision, including the intangibles tax

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

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

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

13  corporations other than the Florida Hurricane Catastrophe Fund

14  Finance Corporation.

15         b.  All bonds of the corporation shall be and

16  constitute legal investments without limitation for all public

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

18  banks, savings associations, savings and loan associations,

19  and investment companies; for all administrators, executors,

20  trustees, and other fiduciaries; for all insurance companies

21  and associations and other persons carrying on an insurance

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

23  hereafter be authorized to invest in bonds or other

24  obligations of the state and shall be and constitute eligible

25  securities to be deposited as collateral for the security of

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

27  sub-subparagraph shall be considered as additional and

28  supplemental authority and shall not be limited without

29  specific reference to this sub-subparagraph.

30         6.  The corporation and its corporate existence shall

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

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 1  take effect as long as the corporation has bonds outstanding

 2  unless adequate provision has been made for the payment of

 3  such bonds pursuant to the documents authorizing the issuance

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

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

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

 7         Section 15.  Section 220.1845, Florida Statutes, is

 8  amended to read:

 9         220.1845  Contaminated site rehabilitation tax

10  credit.--

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

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

13  of voluntary cleanup activity that is integral to site

14  rehabilitation at the following sites is allowed against any

15  tax due for a taxable year under this chapter:

16         1.  A drycleaning-solvent-contaminated site eligible

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

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

19  cleanup is undertaken by the real property owner pursuant to

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

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

22  facility where the contamination exists; or

23         3.  A brownfield site in a designated brownfield area

24  under s. 376.80.

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

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

27  per year in tax credits for each site voluntarily

28  rehabilitated. Multiple taxpayers shall receive tax credits in

29  the same proportion as their contribution to payment of

30  cleanup costs. Subject to the same conditions and limitations

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

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 1  voluntarily rehabilitates a site may receive not more than

 2  $250,000 per year in tax credits which it can subsequently

 3  transfer subject to the provisions in paragraph (g)(h).

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

 5  fully used in any one year because of insufficient tax

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

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

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

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

10  which the corporation is eligible in that year under this

11  section after applying the other credits and unused carryovers

12  in the order provided by s. 220.02(8).

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

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

15  220.131(1) may be allowed the credit on a consolidated return

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

17  taxpayer that incurred the rehabilitation costs.

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

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

20  tax year.

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

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

23  drycleaning-solvent-contaminated site is ineligible to receive

24  credit under this section for costs incurred by the taxpayer

25  in conjunction with the rehabilitation of that site during the

26  same time period that state-administered site rehabilitation

27  was underway.

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

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

30  annually.

31  

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

 2  section to an entity eligible under s. 376.30781 may be

 3  transferred after a merger or acquisition to the surviving or

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

 5  limitations.

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

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

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

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

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

11  in this section. Such transferred credits may not be

12  transferred again although they may succeed to a surviving or

13  acquiring entity subject to the same conditions and

14  limitations as described in this section.

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

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

17  the Department of Environmental Protection or an examination

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

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

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

21  of credit taken.  Any subsequent deficiencies shall be

22  assessed against any entity acquiring and claiming such

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

24  order of credit succession.

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

26  rehabilitation at contaminated sites being voluntarily cleaned

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

28  taxpayer may claim an additional 10 percent of the total

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

30  cleanup as evidenced by the Department of Environmental

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

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 1         (2)  FILING REQUIREMENTS.--Any corporation that wishes

 2  to obtain credit under this section must submit with its

 3  return a tax credit certificate approving partial tax credits

 4  issued by the Department of Environmental Protection under s.

 5  376.30781.

 6         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

 7  FORFEITURE.--

 8         (a)  The Department of Revenue may adopt rules to

 9  prescribe any necessary forms required to claim a tax credit

10  under this section and to provide the administrative

11  guidelines and procedures required to administer this section.

12         (b)  In addition to its existing audit and

13  investigation authority relating to chapter 199 and this

14  chapter, the Department of Revenue may perform any additional

15  financial and technical audits and investigations, including

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

17  applicant, which are necessary to verify the site

18  rehabilitation costs included in a tax credit return and to

19  ensure compliance with this section. The Department of

20  Environmental Protection shall provide technical assistance,

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

22  audits performed pursuant to this section.

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

24  and received tax credits if the Department of Revenue

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

26  received from the Department of Environmental Protection, that

27  a taxpayer received tax credits pursuant to this section to

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

29  taxpayer shall be prohibited from claiming any future tax

30  credits under this section or s. 199.1055.

31  

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 1         1.  The taxpayer is responsible for returning forfeited

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

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

 4         2.  The taxpayer shall file with the Department of

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

 6  Department of Revenue prescribes by rule and shall pay any

 7  required tax within 60 days after the taxpayer receives

 8  notification from the Department of Environmental Protection

 9  pursuant to s. 376.30781 that previously approved tax credits

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

11  days after a final order is issued following proceedings

12  involving a contested revocation or modification order.

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

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

15  date the taxpayer receives notification from the Department of

16  Environmental Protection pursuant to s. 376.30781 that

17  previously approved tax credits have been revoked or modified.

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

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

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

21  proposed assessment set forth in such notice of deficiency

22  shall be limited to the amount of any deficiency resulting

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

24  tax for the taxable year.

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

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

27  in violation of this section and is subject to applicable

28  penalty and interest.

29         Section 16.  Paragraph (b) of subsection (2) of section

30  288.039, Florida Statutes, is amended to read:

31         288.039  Employing and Training our Youths (ENTRY).--

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

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

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

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

 5  by that business:

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

 7  chapter 212.

 8         2.  Corporate income taxes under chapter 220.

 9         3.  Intangible personal property taxes under chapter

10  199.

11         3.4.  Emergency excise taxes under chapter 221.

12         4.5.  Excise taxes on documents under chapter 201.

13         5.6.  Ad valorem taxes paid, as defined in s.

14  220.03(1).

15         6.7.  Insurance premium taxes under s. 624.509.

16         7.8.  Occupational license fees under chapter 205.

17  

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

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

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

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

22  taxes or fees are subsequently adjusted by the application of

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

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

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

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

27  tender payment to the office within 20 days after receiving

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

29  in this section.

30  

31  

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 1         Section 17.  Paragraph (f) of subsection (2) and

 2  paragraphs (b), (c), and (d) of subsection (3) of section

 3  288.1045, Florida Statutes, are amended to read:

 4         288.1045  Qualified defense contractor tax refund

 5  program.--

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

 7         (f)  After entering into a tax refund agreement

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

 9  refunds from the Economic Development Trust Fund for the

10  following taxes due and paid by the qualified applicant

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

12  after entering into the agreement:

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

14  pursuant to chapter 212.

15         2.  Corporate income taxes paid pursuant to chapter

16  220.

17         3.  Intangible personal property taxes paid pursuant to

18  chapter 199.

19         3.4.  Emergency excise taxes paid pursuant to chapter

20  221.

21         4.5.  Excise taxes paid on documents pursuant to

22  chapter 201.

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

24  220.03(1)(a) on June 1, 1996.

25  

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

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

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

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

30  are subsequently adjusted by the application of any credit,

31  refund, or exemption granted to the qualified applicant other

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 1  than that provided in this section, the qualified applicant

 2  shall reimburse the Economic Development Trust Fund for the

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

 4  applicant must notify and tender payment to the office within

 5  20 days after receiving a credit, refund, or exemption, other

 6  than that provided in this section.

 7         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

 8  DETERMINATION.--

 9         (b)  Applications for certification based on the

10  consolidation of a Department of Defense contract or a new

11  Department of Defense contract must be submitted to the office

12  as prescribed by the office and must include, but are not

13  limited to, the following information:

14         1.  The applicant's federal employer identification

15  number, the applicant's Florida sales tax registration number,

16  and a notarized signature of an officer of the 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 Department of Defense contract numbers of the

22  contract to be consolidated, the new Department of Defense

23  contract number, or the "RFP" number of a proposed Department

24  of Defense contract.

25         4.  The date the contract was executed or is expected

26  to be executed, and the date the contract is due to expire or

27  is expected to expire.

28         5.  The commencement date for project operations under

29  the contract in this state.

30  

31  

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 1         6.  The number of net new full-time equivalent Florida

 2  jobs included in the project as of December 31 of each year

 3  and the average wage of such jobs.

 4         7.  The total number of full-time equivalent employees

 5  employed by the applicant in this state.

 6         8.  The percentage of the applicant's gross receipts

 7  derived from Department of Defense contracts during the 5

 8  taxable years immediately preceding the date the application

 9  is submitted.

10         9.  The amount of:

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

12  pursuant to chapter 212;

13         b.  Corporate income taxes paid pursuant to chapter

14  220;

15         c.  Intangible personal property taxes paid pursuant to

16  chapter 199;

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

18  221;

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

20  chapter 201; and

21         e.f.  Ad valorem taxes paid

22  

23  during the 5 fiscal years immediately preceding the date of

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

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

26  the application.

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

28  for each fiscal year.

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

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

31  applicant.

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 1         12.  A resolution adopted by the county commissioners

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

 3  recommends the applicant be approved as a qualified applicant,

 4  and which indicates that the necessary commitments of local

 5  financial support for the applicant exist. Prior to the

 6  adoption of the resolution, the county commission may review

 7  the proposed public or private sources of such support and

 8  determine whether the proposed sources of local financial

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

10  located in a county designated by the Rural Economic

11  Development Initiative, a resolution adopted by the county

12  commissioners of such county requesting that the applicant's

13  project be exempt from the local financial support

14  requirement.

15         13.  Any additional information requested by the

16  office.

17         (c)  Applications for certification based on the

18  conversion of defense production jobs to nondefense production

19  jobs must be submitted to the office as prescribed by the

20  office and must include, but are not limited to, the following

21  information:

22         1.  The applicant's federal employer identification

23  number, the applicant's Florida sales tax registration number,

24  and a notarized signature of an officer of the 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 Department of Defense contract numbers of the

30  contract under which the defense production jobs will be

31  converted to nondefense production jobs.

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 1         4.  The date the contract was executed, and the date

 2  the contract is due to expire or is expected to expire, or was

 3  canceled.

 4         5.  The commencement date for the nondefense production

 5  operations in this state.

 6         6.  The number of net new full-time equivalent Florida

 7  jobs included in the nondefense production project as of

 8  December 31 of each year and the average wage of such jobs.

 9         7.  The total number of full-time equivalent employees

10  employed by the applicant in this state.

11         8.  The percentage of the applicant's gross receipts

12  derived from Department of Defense contracts during the 5

13  taxable years immediately preceding the date the application

14  is submitted.

15         9.  The amount of:

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

17  pursuant to chapter 212;

18         b.  Corporate income taxes paid pursuant to chapter

19  220;

20         c.  Intangible personal property taxes paid pursuant to

21  chapter 199;

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

23  221;

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

25  chapter 201; and

26         e.f.  Ad valorem taxes paid

27  

28  during the 5 fiscal years immediately preceding the date of

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

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

31  the application.

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

 2  for 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         (d)  Applications for certification based on a contract

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

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

25  are not limited to, the following information:

26         1.  The applicant's Florida sales tax registration

27  number and a notarized signature of an officer of the

28  applicant.

29         2.  The permanent location of the manufacturing,

30  assembling, fabricating, research, development, or design

31  

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

 2  located.

 3         3.  The business entity holding a valid Department of

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

 5  States that previously occupied the facility, and the date

 6  such entity last occupied the facility.

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

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

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

10  facility.

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

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

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

14         6.  The commencement date for project operations under

15  the contract in this state.

16         7.  The number of net new full-time equivalent Florida

17  jobs included in the project as of December 31 of each year

18  and the average wage of such jobs.

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

20  employed by the applicant in this state.

21         9.  The amount of:

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

23  pursuant to chapter 212.

24         b.  Corporate income taxes paid pursuant to chapter

25  220.

26         c.  Intangible personal property taxes paid pursuant to

27  chapter 199.

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

29  221.

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

31  chapter 201.

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

 2  immediately preceding the date of the application, and the

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

 4  years immediately following the date of the application.

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

 6  for each fiscal year.

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

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

 9  applicant.

10         12.  A resolution adopted by the county commissioners

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

12  recommends the applicant be approved as a qualified applicant,

13  and which indicates that the necessary commitments of local

14  financial support for the applicant exist. Prior to the

15  adoption of the resolution, the county commission may review

16  the proposed public or private sources of such support and

17  determine whether the proposed sources of local financial

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

19  located in a county designated by the Rural Economic

20  Development Initiative, a resolution adopted by the county

21  commissioners of such county requesting that the applicant's

22  project be exempt from the local financial support

23  requirement.

24         13.  Any additional information requested by the

25  office.

26         Section 18.  Paragraph (c) of subsection (2) of section

27  288.106, Florida Statutes, is amended to read:

28         288.106  Tax refund program for qualified target

29  industry businesses.--

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

31  

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

 2  subsection (4), a qualified target industry business may:

 3         1.  Receive refunds from the account for the following

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

 5  taxable year of the business which begins after entering into

 6  the agreement:

 7         a.  Corporate income taxes under chapter 220.

 8         b.  Insurance premium tax under s. 624.509.

 9         2.  Receive refunds from the account for the following

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

11  agreement:

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

13  chapter 212.

14         b.  Intangible personal property taxes under chapter

15  199.

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

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

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

19  220.03(1).

20         Section 19.  Paragraph (g) of subsection (1) of section

21  288.1067, Florida Statutes, is amended to read:

22         288.1067  Confidentiality of records.--

23         (1)  The following information held by the Office of

24  Tourism, Trade, and Economic Development, Enterprise Florida,

25  Inc., or county or municipal governmental entities, and their

26  employees or agents, pursuant to the incentive programs for

27  qualified businesses as provided in s. 220.191, s. 288.1045,

28  s. 288.106, s. 288.108, or s. 288.1088 is confidential and

29  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

30  I of the State Constitution, for a period not to exceed the

31  

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 1  duration of the relevant tax refund, tax credit, or incentive

 2  agreement:

 3         (g)  The amount of:

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

 5  pursuant to chapter 212;

 6         2.  Corporate income taxes paid pursuant to chapter

 7  220;

 8         3.  Intangible personal property taxes paid pursuant to

 9  chapter 199;

10         3.4.  Emergency excise taxes paid pursuant to chapter

11  221;

12         4.5.  Insurance premium taxes paid pursuant to chapter

13  624;

14         5.6.  Excise taxes paid on documents pursuant to

15  chapter 201; or

16         6.7.  Ad valorem taxes paid, as defined in s.

17  220.03(1),

18  

19  which the qualified business reports on its application for

20  certification or reports during the term of the tax refund

21  agreement, and for which the qualified business claims a tax

22  refund under s. 288.1045 or s. 288.106, and any such

23  information held as evidence of the achievement or

24  nonachievement of performance items contained in the tax

25  refund agreement.

26         Section 20.  Paragraph (a) of subsection (2) and

27  subsections (3) and (12) of section 376.30781, Florida

28  Statutes, are amended to read:

29         376.30781  Partial tax credits for rehabilitation of

30  drycleaning-solvent-contaminated sites and brownfield sites in

31  

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 1  designated brownfield areas; application process; rulemaking

 2  authority; revocation authority.--

 3         (2)(a)  A credit in the amount of 35 percent of the

 4  costs of voluntary cleanup activity that is integral to site

 5  rehabilitation at the following sites is allowed pursuant to

 6  s. ss. 199.1055 and 220.1845:

 7         1.  A drycleaning-solvent-contaminated site eligible

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

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

10  cleanup is undertaken by the real property owner pursuant to

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

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

13  facility where the contamination exists; or

14         3.  A brownfield site in a designated brownfield area

15  under s. 376.80.

16         (3)  The Department of Environmental Protection shall

17  be responsible for allocating the tax credits provided for in

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

19  million in tax credits annually.

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

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

22  for rehabilitation of a drycleaning-solvent-contaminated site

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

24  220.1845 for costs incurred by the taxpayer in conjunction

25  with the rehabilitation of that site during the same time

26  period that state-administered site rehabilitation was

27  underway.

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

29  Florida Statutes, is amended to read:

30         493.6102  Inapplicability of this chapter.--This

31  chapter shall not apply to:

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 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, delinquency, and

15  insurance charges herein provided for, no further or other

16  charges or amount whatsoever for any examination, service,

17  commission, or other thing or otherwise shall be directly or

18  indirectly charged, contracted for, or received as a condition

19  to the grant of a 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  

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 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;

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; or

17         8.9.  A delinquency charge not to exceed $10 for each

18  payment in default for a period of not less than 10 days, if

19  the charge is agreed upon, in writing, between the parties

20  before imposing the charge.

21  

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

23  total of all charges authorized and permitted by this chapter

24  constitute a violation of chapter 687 governing interest and

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

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

27  borrower with the amount of the overcharge immediately but

28  within 20 days from the discovery of such error.

29         Section 23.  Paragraph (m) of subsection (4) of section

30  627.311, Florida Statutes, is amended to read:

31         627.311  Joint underwriters and joint reinsurers.--

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 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 24.  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)  CITIZENS PROPERTY INSURANCE CORPORATION.--

11         (j)  For the purposes of s. 199.183(1), The corporation

12  is shall be considered a political subdivision of the state

13  and shall be exempt from the corporate income tax. The

14  premiums, assessments, investment income, and other revenue of

15  the corporation are funds received for providing property

16  insurance coverage as required by this subsection, paying

17  claims for Florida citizens insured by the corporation,

18  securing and repaying debt obligations issued by the

19  corporation, and conducting all other activities of the

20  corporation, and shall not be considered taxes, fees,

21  licenses, or charges for services imposed by the Legislature

22  on individuals, businesses, or agencies outside state

23  government. Bonds and other debt obligations issued by or on

24  behalf of the corporation are not to be considered "state

25  bonds" within the meaning of s. 215.58(10). The corporation is

26  not subject to the procurement provisions of chapter 287, and

27  policies and decisions of the corporation relating to

28  incurring debt, levying of assessments and the sale, issuance,

29  continuation, terms and claims under corporation policies, and

30  all services relating thereto, are not subject to the

31  provisions of chapter 120. The corporation is not required to

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 1  obtain or to hold a certificate of authority issued by the

 2  department, nor is it required to participate as a member

 3  insurer of the Florida Insurance Guaranty Association.

 4  However, the corporation is required to pay, in the same

 5  manner as an authorized insurer, assessments pledged by the

 6  Florida Insurance Guaranty Association to secure bonds issued

 7  or other indebtedness incurred to pay covered claims arising

 8  from insurer insolvencies caused by, or proximately related

 9  to, hurricane losses. It is the intent of the Legislature that

10  the tax exemptions provided in this paragraph will augment the

11  financial resources of the corporation to better enable the

12  corporation to fulfill its public purposes. Any bonds issued

13  by the corporation, their transfer, and the income therefrom,

14  including any profit made on the sale thereof, shall at all

15  times be free from taxation of every kind by the state and any

16  political subdivision or local unit or other instrumentality

17  thereof; however, this exemption does not apply to any tax

18  imposed by chapter 200 on interest, income, or profits on debt

19  obligations owned by corporations other than the corporation.

20         Section 25.  Paragraph (b) of subsection (6) of section

21  650.05, Florida Statutes, is amended to read:

22         650.05  Plans for coverage of employees of political

23  subdivisions.--

24         (6)

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

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

27  minimum foundation program grants to public school districts

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

29  cigarette, racing, and insurance premium taxes distributed to

30  political subdivisions; and amounts specifically appropriated

31  

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

 2  mosquito control programs.

 3         Section 26.  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, 2002, 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 27.  Paragraph (a) of subsection (1) of section

15  766.105, Florida Statutes, is amended to read:

16         766.105  Florida Patient's Compensation Fund.--

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

18  the interpretation and enforcement of this section:

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

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

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

22  the fund shall be considered a political subdivision of this

23  state.

24         Section 28.  Subsection (5) of section 192.032,

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

26  193.114, subsection (9) of section 196.015, and paragraph (g)

27  of subsection (1) of section 607.1622, Florida Statutes, are

28  repealed.

29         Section 29.  Paragraph (a) of subsection (4) of section

30  192.0105, Florida Statutes, is amended to read:

31  

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 1         192.0105  Taxpayer rights.--There is created a Florida

 2  Taxpayer's Bill of Rights for property taxes and assessments

 3  to guarantee that the rights, privacy, and property of the

 4  taxpayers of this state are adequately safeguarded and

 5  protected during tax levy, assessment, collection, and

 6  enforcement processes administered under the revenue laws of

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

 8  document, brief but comprehensive statements that summarize

 9  the rights and obligations of the property appraisers, tax

10  collectors, clerks of the court, local governing boards, the

11  Department of Revenue, and taxpayers. Additional rights

12  afforded to payors of taxes and assessments imposed under the

13  revenue laws of this state are provided in s. 213.015. The

14  rights afforded taxpayers to assure that their privacy and

15  property are safeguarded and protected during tax levy,

16  assessment, and collection are available only insofar as they

17  are implemented in other parts of the Florida Statutes or

18  rules of the Department of Revenue. The rights so guaranteed

19  to state taxpayers in the Florida Statutes and the

20  departmental rules include:

21         (4)  THE RIGHT TO CONFIDENTIALITY.--

22         (a)  The right to have information kept confidential,

23  including federal tax information, ad valorem tax returns,

24  social security numbers, all financial records produced by the

25  taxpayer, Form DR-219 returns for documentary stamp tax

26  information, and sworn statements of gross income, copies of

27  federal income tax returns for the prior year, wage and

28  earnings statements (W-2 forms), and other documents (see ss.

29  192.105, 193.074, 193.114(5) (6), 195.027(3) and (6), and

30  196.101(4)(c)).

31  

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 1         Section 30.  This act shall take effect January 1,

 2  2004.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Repeals the taxes on intangible personal property.

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