HOUSE AMENDMENT Bill No. HB 1935
1	CHAMBER ACTION
2	Senate House
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12	Representative Johnson offered the following:
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14	Amendment (with title amendment)
15	Remove line(s) 167-223, and insert:
16	Section 2. Effective November 1, 2003, subsections (2) and
17	(3) of section 213.235, Florida Statutes, are amended to read:
18	213.235 Determination of interest on deficiencies.--
19	(2) If the adjusted prime rate charged by banks, rounded
20	to the nearest full percent, plus 4 percentage points,during
21	either:
22	(a) The 6-month period ending on September 30 of any
23	calendar year, or
24	(b) The 6-month period ending on March 31 of any calendar
25	year
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27	differs from the interest rate in effect on either such date,
28	the executive director of the department shall, within 20 days,
29	establish an adjusted rate of interest equal to such adjusted
30	prime rate plus 4 percentage points.
31	(3) An adjusted rate of interest established under this
32	section becomes effective:
33	(a) On January 1 of the succeeding year, if based upon the
34	adjusted prime rate plus 4 percentage pointsfor the 6-month
35	period ending on September 30; or
36	(b) On July 1 of the same calendar year, if based upon the
37	adjusted prime rate plus 4 percentage pointsfor the 6-month
38	period ending on March 31.
39	Section 3. Amendments made by this act to s. 213.235(2)
40	and (3), Florida Statutes, apply to interest due on tax payment
41	deficiencies that arise on or after November 1, 2003, and also
42	apply to interest due on tax payment deficiencies that arose on
43	or after January 1, 2000, but remain unpaid as of November 1,
44	2003. When calculating the rate that takes effect on November 1,
45	2003, the Department shall use in making that calculation the
46	adjusted prime rate charged by banks, rounded to the nearest
47	full percent, during the 6-month period ending on August 31,
48	2003.
49	Section 4. Effective November 1, 2003, subsections (1),
50	(2), and (3) of section 220.807, Florida Statutes, are amended
51	to read:
52	220.807 Determination of rate of interest.--
53	(1) The annual rate of interest applicable to this chapter
54	shall be the adjusted rate established by the executive director
55	of the Department of Revenue under subsection (2), except that
56	the annual rate of interest shall never be greater than 12
57	percent.
58	(2) If the adjusted prime rate charged by banks, rounded
59	to the nearest full percent, plus 4 percentage points,during
60	either:
61	(a) The 6-month period ending on September 30 of any
62	calendar year; or
63	(b) The 6-month period ending on March 31 of any calendar
64	year,
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66	differs from the interest rate in effect on either such date,
67	the executive director of the Department of Revenue shall,
68	within 20 days, establish an adjusted rate of interest equal to
69	such adjusted prime rate plus 4 percentage points.
70	(3) An adjusted rate of interest established under this
71	section shall become effective:
72	(a) On January 1 of the succeeding year, if based upon the
73	adjusted prime rate plus 4 percentage pointsfor the 6-month
74	period ending on September 30; or
75	(b) On July 1 of the same calendar year, if based upon the
76	adjusted prime rate plus 4 percentage pointsfor the 6-month
77	period ending on March 31.
78	Section 5. Amendments made by this act to s. 220.807(1),
79	(2), and (3), Florida Statutes, apply to interest due on tax
80	payment deficiencies that arise on or after November 1, 2003,
81	and also apply to interest due on tax payment deficiencies that
82	arose on or after January 1, 2000, but remain unpaid as of
83	November 1, 2003. When calculating the rate that takes effect on
84	November 1, 2003, the Department shall use in making that
85	calculation the adjusted prime rate charged by banks, rounded to
86	the nearest full percent, during the 6-month period ending on
87	August 31, 2003.
88	Section 6. Effective November 1, 2003, subsection (1) of
89	section 202.35, Florida Statutes, is amended to read:
90	202.35 Powers of department in dealing with delinquents;
91	tax to be separately stated.--
92	(1) If any dealer or other person fails to remit the tax,
93	or any portion thereof, on or before the day when the tax is
94	required by law to be paid, there will be added to the amount
95	due interest at the rate calculated pursuant to s. 213.235 of
96	the amount due from the date due until paid, except that the
97	annual rate of interest shall never be greater than 12 percent.
98	Interest on the delinquent tax is to be calculated beginning on
99	the 21st day of the month following the month for which the tax
100	is due, except as otherwise provided in this chapter.
101	Section 7. The sum of $485,000 is appropriated from the
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103	================= T I T L E A M E N D M E N T =================
104	Remove line(s) 13 and 14, and insert:
105	prime rate plus 4 percentage points; providing maximum
106	limitations on certain annual interest rates; providing
107	application of certain adjustments; requiring the Department of
108	Revenue to use certain adjusted prime rates in certain
109	calculations; providing legislative intent; amending s. 202.35,
110	F.S.; limiting certain annual rates of interest; providing an
111	appropriation; providing an effective