HB 0047 2003
1	A bill to be entitled
2	An act relating to intangible personal property taxes;
3	amending ss. 72.011, 192.091, 196.199, 196.1993, 201.23,
4	212.02, 213.015, 213.05, 213.053, 213.054, 213.13, 213.27,
5	213.31, 215.555, 220.1845, 288.039, 288.1045, 288.106,
6	376.30781, 493.6102, 516.031, 627.311, 627.351, 650.05,
7	655.071, and 766.105, F.S., to conform to the repeal of
8	intangible personal property taxes; amending s. 192.0105,
9	F.S.; correcting a reference; repealing ss. 199.012,
10	199.023, 199.032, 199.033, 199.042, 199.052, 199.057,
11	199.062, 199.103, 199.1055, 199.106, 199.133, 199.135,
12	199.143, 199.145, 199.155, 199.175, 199.183, 199.185,
13	199.202, 199.212, 199.218, 199.232, 199.262, 199.272,
14	199.282, 199.292, and 199.303, F.S., relating to
15	intangible personal property taxes; repealing ss.
16	192.032(5), 192.042(3), 193.114(4), 196.015(9),
17	607.1622(1)(g), and 733.702(5), F.S., relating to
18	assessment of intangible personal property, the intangible
19	personal property tax roll, filing of intangible tax
20	returns as a factor in determining residency, intangible
21	tax liability information in a corporation's annual
22	report, and claims against a decedent's estate for
23	intangible taxes; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Paragraph (a) of subsection (1) of section
28	72.011, Florida Statutes, is amended to read:
29	72.011 Jurisdiction of circuit courts in specific tax
30	matters; administrative hearings and appeals; time for
31	commencing action; parties; deposits.--
32	(1)(a) A taxpayer may contest the legality of any
33	assessment or denial of refund of tax, fee, surcharge, permit,
34	interest, or penalty provided for under s. 125.0104, s.
35	125.0108, chapter 198,chapter 199,chapter 201, chapter 202,
36	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
37	chapter 212, chapter 213, chapter 220, chapter 221, s.
38	370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
39	538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
40	chapter 563, chapter 564, chapter 565, chapter 624, or s.
41	681.117 by filing an action in circuit court; or, alternatively,
42	the taxpayer may file a petition under the applicable provisions
43	of chapter 120. However, once an action has been initiated under
44	s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
45	120.80(14)(b), no action relating to the same subject matter may
46	be filed by the taxpayer in circuit court, and judicial review
47	shall be exclusively limited to appellate review pursuant to s.
48	120.68; and once an action has been initiated in circuit court,
49	no action may be brought under chapter 120.
50	Section 2. Subsection (5) of section 192.091, Florida
51	Statutes, is amended to read:
52	192.091 Commissions of property appraisers and tax
53	collectors.--
54	(5) Provided, that the provisions of this section shall
55	not apply to commissions onintangible property taxes or
56	drainage district or drainage subdistrict taxes.; and
57	Section 3. Paragraph (b) of subsection (2) of section
58	196.199, Florida Statutes, is amended to read:
59	196.199 Government property exemption.--
60	(2) Property owned by the following governmental units but
61	used by nongovernmental lessees shall only be exempt from
62	taxation under the following conditions:
63	(b) Except as provided in paragraph (c), the exemption
64	provided by this subsection shall not apply to those portions of
65	a leasehold or otherpossessoryinterestin real property,
66	except for any leasehold or other possessory interest described
67	in s. 4(a), Art. VII of the State Constitution or subsection
68	(7), owned by the United States, the state, any political
69	subdivision of the state, any municipality of the state, or any
70	agency, authority, and other public body corporate of the state,
71	which are undeveloped or predominantly used for residential or
72	commercial purposes and upon which rental payments are due
73	defined by s. 199.023(1)(d), subject to the provisions of
74	subsection (7).Such leasehold or other interest shall be taxed
75	only as intangible personal property pursuant to chapter 199 if
76	rental payments are due in consideration of such leasehold or
77	other interest.If no rental payments are due pursuant to the
78	agreement creating such leasehold or other interest, the
79	leasehold or other interest shall be taxed as real property.
80	Nothing in this paragraph shall be deemed to exempt personal
81	property, buildings, or other real property improvements owned
82	by the lessee from ad valorem taxation.
83	Section 4. Section 196.1993, Florida Statutes, is amended
84	to read:
85	196.1993 Certain agreements with local governments for use
86	of public property; exemption.--Any agreement entered into with
87	a local governmental authority prior to January 1, 1969, for use
88	of public property, under which it was understood and agreed in
89	a written instrument or by special act that no ad valorem real
90	property taxes would be paid by the licensee or lessee, shall be
91	deemed a license or management agreement for the use or
92	management of public property. Such interest shall be deemed not
93	to convey an interest in the property and shall not be subject
94	to ad valorem real property taxation. Nothing in this section
95	shall be deemed to exempt such licensee fromthe ad valorem
96	intangible tax andthe ad valorem personal property tax.
97	Section 5. Subsection (4) of section 201.23, Florida
98	Statutes, is amended to read:
99	201.23 Foreign notes and other written obligations
100	exempt.--
101	(4)(a)The excise taxes imposed by this chapter shall not
102	apply to the documents, notes, evidences of indebtedness,
103	financing statements, drafts, bills of exchange, or other
104	taxable items dealt with, made, issued, drawn upon, accepted,
105	delivered, shipped, received, signed, executed, assigned,
106	transferred, or sold by or to a banking organization, as defined
107	in s. 199.023(9),in the conduct of an international banking
108	transaction, as defined in s. 199.023(11). Nothing in this
109	subsection shall be construed to change the application of
110	paragraph (2)(a).
111	(b) For purposes of this subsection:
112	1. “Banking organization" means:
113	a. A bank organized and existing under the laws of this
114	state;
115	b. A national bank organized and existing pursuant to the
116	provisions of the National Bank Act, 12 U.S.C. ss. 21 et seq.,
117	and maintaining its principal office in this state;
118	c. An Edge Act corporation organized pursuant to the
119	provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss.
120	611 et seq., and maintaining an office in this state;
121	d. An international bank agency licensed pursuant to the
122	laws of this state;
123	e. A federal agency licensed pursuant to ss. 4 and 5 of
124	the International Banking Act of 1978 to maintain an office in
125	this state;
126	f. A savings association organized and existing under the
127	laws of this state;
128	g. A federal association organized and existing pursuant
129	to the provisions of the Home Owners' Loan Act of 1933, 12
130	U.S.C. ss. 1461 et seq., and maintaining its principal office in
131	this state; or
132	h. A Florida export finance corporation organized and
133	existing pursuant to the provisions of part V of chapter 288.
134	2. "International banking transaction" means:
135	a. The financing of the exportation from, or the
136	importation into, the United States or between jurisdictions
137	abroad of tangible personal property or services;
138	b. The financing of the production, preparation, storage,
139	or transportation of tangible personal property or services
140	which are identifiable as being directly and solely for export
141	from, or import into, the United States or between jurisdictions
142	abroad;
143	c. The financing of contracts, projects, or activities to
144	be performed substantially abroad, except those transactions
145	secured by a mortgage, deed of trust, or other lien upon real
146	property located in the state;
147	d. The receipt of deposits or borrowings or the extensions
148	of credit by an international banking facility, except the loan
149	or deposit of funds secured by mortgage, deed of trust, or other
150	lien upon real property located in the state; or
151	e. Entering into foreign exchange trading or hedging
152	transactions in connection with the activities described in sub-
153	subparagraph d.
154	Section 6. Subsection (19) of section 212.02, Florida
155	Statutes, is amended to read:
156	212.02 Definitions.--The following terms and phrases when
157	used in this chapter have the meanings ascribed to them in this
158	section, except where the context clearly indicates a different
159	meaning:
160	(19) "Tangible personal property" means and includes
161	personal property which may be seen, weighed, measured, or
162	touched or is in any manner perceptible to the senses, including
163	electric power or energy, boats, motor vehicles and mobile homes
164	as defined in s. 320.01(1) and (2), aircraft as defined in s.
165	330.27, and all other types of vehicles. The term "tangible
166	personal property" does not include stocks, bonds, notes,
167	insurance, or other obligations or securities,; intangibles as
168	defined by the intangible tax law of the state;or pari-mutuel
169	tickets sold or issued under the racing laws of the state.
170	Section 7. Subsection (3), subsection (6), and subsection
171	(11) of section 213.015, Florida Statutes, are amended to read:
172	213.015 Taxpayer rights.--There is created a Florida
173	Taxpayer's Bill of Rights to guarantee that the rights, privacy,
174	and property of Florida taxpayers are adequately safeguarded and
175	protected during tax assessment, collection, and enforcement
176	processes administered under the revenue laws of this state. The
177	Taxpayer's Bill of Rights compiles, in one document, brief but
178	comprehensive statements which explain, in simple, nontechnical
179	terms, the rights and obligations of the Department of Revenue
180	and taxpayers. Section 192.0105 provides additional rights
181	afforded to payors of property taxes and assessments. The rights
182	afforded taxpayers to ensure that their privacy and property are
183	safeguarded and protected during tax assessment and collection
184	are available only insofar as they are implemented in other
185	parts of the Florida Statutes or rules of the Department of
186	Revenue. The rights so guaranteed Florida taxpayers in the
187	Florida Statutes and the departmental rules are:
188	(3) The right to be represented or advised by counsel or
189	other qualified representatives at any time in administrative
190	interactions with the department, the right to procedural
191	safeguards with respect to recording of interviews during tax
192	determination or collection processes conducted by the
193	department, the right to be treated in a professional manner by
194	department personnel, and the right to have audits, inspections
195	of records, and interviews conducted at a reasonable time and
196	place except in criminal and internal investigations (see ss.
197	198.06,199.218,201.11(1), 203.02, 206.14, 211.125(3),
198	211.33(3), 212.0305(3), 212.12(5)(a), (6)(a), and (13),
199	212.13(5), 213.05, 213.21(1)(a) and (c), and 213.34).
200	(6) The right to be informed of impending collection
201	actions which require sale or seizure of property or freezing of
202	assets, except jeopardy assessments, and the right to at least
203	30 days' notice in which to pay the liability or seek further
204	review (see ss. 198.20,199.262,201.16, 206.075, 206.24,
205	211.125(5), 212.03(5), 212.0305(3)(j), 212.04(7), 212.14(1),
206	213.73(3), 213.731, and 220.739).
207	(11) The right to procedures for requesting cancellation,
208	release, or modification of liens filed by the department and
209	for requesting that any lien which is filed in error be so noted
210	on the lien cancellation filed by the department, in public
211	notice, and in notice to any credit agency at the taxpayer's
212	request (see ss. 198.22,199.262,212.15(4), 213.733, and
213	220.819).
214	Section 8. Section 213.05, Florida Statutes, is amended to
215	read:
216	213.05 Department of Revenue; control and administration
217	of revenue laws.--The Department of Revenue shall have only
218	those responsibilities for ad valorem taxation specified to the
219	department in chapter 192, taxation, general provisions; chapter
220	193, assessments; chapter 194, administrative and judicial
221	review of property taxes; chapter 195, property assessment
222	administration and finance; chapter 196, exemption; chapter 197,
223	tax collections, sales, and liens;chapter 199, intangible
224	personal property taxes;and chapter 200, determination of
225	millage. The Department of Revenue shall have the responsibility
226	of regulating, controlling, and administering all revenue laws
227	and performing all duties as provided in s. 125.0104, the Local
228	Option Tourist Development Act; s. 125.0108, tourist impact tax;
229	chapter 198, estate taxes; chapter 201, excise tax on documents;
230	chapter 202, communications services tax; chapter 203, gross
231	receipts taxes; chapter 206, motor and other fuel taxes; chapter
232	211, tax on production of oil and gas and severance of solid
233	minerals; chapter 212, tax on sales, use, and other
234	transactions; chapter 220, income tax code; chapter 221,
235	emergency excise tax; ss. 336.021 and 336.025, taxes on motor
236	fuel and special fuel; s. 370.07(3), Apalachicola Bay oyster
237	surcharge; s. 376.11, pollutant spill prevention and control; s.
238	403.718, waste tire fees; s. 403.7185, lead-acid battery fees;
239	s. 538.09, registration of secondhand dealers; s. 538.25,
240	registration of secondary metals recyclers; s. 624.4621, group
241	self-insurer's fund premium tax; s. 624.5091, retaliatory tax;
242	s. 624.475, commercial self-insurance fund premium tax; ss.
243	624.509-624.511, insurance code: administration and general
244	provisions; s. 624.515, State Fire Marshal regulatory
245	assessment; s. 627.357, medical malpractice self-insurance
246	premium tax; s. 629.5011, reciprocal insurers premium tax; and
247	s. 681.117, motor vehicle warranty enforcement.
248	Section 9. Subsection (1), subsection (4), paragraphs (k)
249	and (p) of subsection (7), and paragraph (a) of subsection (14)
250	of section 213.053, Florida Statutes, are amended to read:
251	213.053 Confidentiality and information sharing.--
252	(1)(a) The provisions of this section apply to s.
253	125.0104, county government; s. 125.0108, tourist impact tax;
254	chapter 175, municipal firefighters' pension trust funds;
255	chapter 185, municipal police officers' retirement trust funds;
256	chapter 198, estate taxes;chapter 199, intangible personal
257	property taxes;chapter 201, excise tax on documents; chapter
258	203, gross receipts taxes; chapter 211, tax on severance and
259	production of minerals; chapter 212, tax on sales, use, and
260	other transactions; chapter 220, income tax code; chapter 221,
261	emergency excise tax; s. 252.372, emergency management,
262	preparedness, and assistance surcharge; s. 370.07(3),
263	Apalachicola Bay oyster surcharge; chapter 376, pollutant spill
264	prevention and control; s. 403.718, waste tire fees; s.
265	403.7185, lead-acid battery fees; s. 538.09, registration of
266	secondhand dealers; s. 538.25, registration of secondary metals
267	recyclers; ss. 624.501 and 624.509-624.515, insurance code; s.
268	681.117, motor vehicle warranty enforcement; and s. 896.102,
269	reports of financial transactions in trade or business.
270	(b) The provisions of this section also apply to chapter
271	202, the Communications Services Tax Simplification Law. This
272	paragraph is subject to the Open Government Sunset Review Act of
273	1995 in accordance with s. 119.15, and shall stand repealed on
274	October 2, 2006, unless reviewed and saved from repeal through
275	reenactment by the Legislature.
276	(4) Nothing contained in this section shall prevent the
277	department from publishing statistics so classified as to
278	prevent the identification of particular accounts, reports,
279	declarations, or returns or prevent the department from
280	disclosing to the Comptroller the names and addresses of those
281	taxpayers who have claimedan exemption pursuant to s.
282	199.185(1)(i) ora deduction pursuant to s. 220.63(5).
283	(7) Notwithstanding any other provision of this section,
284	the department may provide:
285	(k)1. Payment information relative to chapters199,201,
286	212, 220, 221, and 624 to the Office of Tourism, Trade, and
287	Economic Development, or its employees or agents that are
288	identified in writing by the office to the department, in the
289	administration of the tax refund program for qualified defense
290	contractors authorized by s. 288.1045 and the tax refund program
291	for qualified target industry businesses authorized by s.
292	288.106.
293	2. Information relative to tax credits taken by a business
294	under s. 220.191 and exemptions or tax refunds received by a
295	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
296	and Economic Development, or its employees or agents that are
297	identified in writing by the office to the department, in the
298	administration and evaluation of the capital investment tax
299	credit program authorized in s. 220.191 and the semiconductor,
300	defense, and space tax exemption program authorized in s.
301	212.08(5)(j).
302	(p) Information relative to ss.199.1055,220.1845,and
303	376.30781 to the Department of Environmental Protection in the
304	conduct of its official business.
305
306	Disclosure of information under this subsection shall be
307	pursuant to a written agreement between the executive director
308	and the agency. Such agencies, governmental or nongovernmental,
309	shall be bound by the same requirements of confidentiality as
310	the Department of Revenue. Breach of confidentiality is a
311	misdemeanor of the first degree, punishable as provided by s.
312	775.082 or s. 775.083.
313	(14)(a) Notwithstanding any other provision of this
314	section, the department shall, subject to the safeguards
315	specified in paragraph (c), disclose to the Division of
316	Corporations of the Department of State the name, address,
317	federal employer identification number, and duration of tax
318	filings with this state of all corporate or partnership entities
319	which are not on file or have a dissolved status with the
320	Division of Corporations and which have filed tax returns
321	pursuant toeither chapter 199 orchapter 220.
322	Section 10. Section 213.054, Florida Statutes, is amended
323	to read:
324	213.054 Persons claiming tax exemptions or deductions;
325	annual report.--The Department of Revenue shall be responsible
326	for monitoring the utilization oftax exemptions andtax
327	deductions authorized pursuant to chapter 81-179, Laws of
328	Florida. On or before September 1 of each year, the department
329	shall report to the Comptroller the names and addresses of all
330	persons who have claimedan exemption pursuant to s.
331	199.185(1)(i) ora deduction pursuant to s. 220.63(5).
332	Section 11. Subsection (2) of section 213.13, Florida
333	Statutes, is amended to read:
334	213.13 Electronic remittance and distribution of funds
335	collected by clerks of the court.--
336	(2) The funds to be remitted electronically by the clerks
337	include proceeds from the taxes imposed bychapter 199,chapter
338	201,and all other fees, fines, reimbursements, court costs, or
339	other court-related funds that the clerks must remit to the
340	state pursuant to law. At a minimum, these electronic remittance
341	procedures must include:
342	(a) The prescribed reporting frequency and time period for
343	the clerks to remit such funds and the prescribed time period in
344	which the department must electronically deposit the funds
345	received to the appropriate state and local funds and accounts;
346	(b) The electronic format and type of debit remittance
347	system to be used by the clerks to remit the funds to the
348	department;
349	(c) The means of communication used to transmit the
350	required information; and
351	(d) The information that must be submitted with such
352	remittance.
353	Section 12. Section 213.27, Florida Statutes, is amended
354	to read:
355	213.27 Contracts with debt collection agencies and certain
356	vendors.--
357	(1) The Department of Revenue may, for the purpose of
358	collecting any delinquent taxes due from a taxpayer, including
359	taxes for which a bill or notice has been generated, contract
360	with any debt collection agency or attorney doing business
361	within or without this state for the collection of such
362	delinquent taxes including penalties and interest thereon. The
363	department may also share confidential information pursuant to
364	the contract necessary for the collection of delinquent taxes
365	and taxes for which a billing or notice has been generated.
366	Contracts will be made pursuant to chapter 287. The taxpayer
367	must be notified by mail by the department, its employees, or
368	its authorized representative 30 days prior to commencing any
369	litigation to recover any delinquent taxes. The taxpayer must be
370	notified by mail by the department 30 days prior to the
371	department assigning the collection of any taxes to the debt
372	collection agency.
373	(2) The department may enter into contracts with any
374	individual or business for the purpose of identifying intangible
375	personal property tax liability. Contracts may provide for the
376	identification of assets subject to the tax on intangible
377	personal property, the determination of value of such property,
378	the requirement for filing a tax return and the collection of
379	taxes due, including applicable penalties and interest thereon.
380	The department may share confidential information pursuant to
381	the contract necessary for the identification of taxable
382	intangible personal property. Contracts shall be made pursuant
383	to chapter 287. The taxpayer must be notified by mail by the
384	department 30 days prior to the department assigning
385	identification of intangible personal property to an individual
386	or business.
387	(2)(3)Any contract may provide, in the discretion of the
388	executive director of the Department of Revenue, the manner in
389	which the compensation for such services will be paid. Under
390	standards established by the department, such compensation shall
391	be added to the amount of the tax and collected as a part
392	thereof by the agency or deducted from the amount of tax,
393	penalty, and interest actually collected.
394	(3)(4)All funds collected under the terms of the
395	contract, less the fees provided in the contract, shall be
396	remitted to the department within 30 days from the date of
397	collection from a taxpayer. Forms to be used for such purpose
398	shall be prescribed by the department.
399	(4)(5)The department shall require a bond from the debt
400	collection agencyor the individual or business contracted with
401	under subsection (2)not in excess of $100,000 guaranteeing
402	compliance with the terms of the contract. However, a bond of
403	$10,000 is required from a debt collection agency if the agency
404	does not actually collect and remit delinquent funds to the
405	department.
406	(5)(6)The department may, for the purpose of ascertaining
407	the amount of or collecting any taxes due from a person doing
408	mail order business in this state, contract with any auditing
409	agency doing business within or without this state for the
410	purpose of conducting an audit of such mail order business;
411	however, such audit agency may not conduct an audit on behalf of
412	the department of any person domiciled in this state, person
413	registered for sales and use tax purposes in this state, or
414	corporation filing a Florida corporate tax return, if any such
415	person or corporation objects to such audit in writing to the
416	department and the auditing agency. The department shall notify
417	the taxpayer by mail at least 30 days before the department
418	assigns the collection of such taxes.
419	(6)(7)Confidential information shared by the department
420	with debt collection or auditing agenciesor individuals or
421	businesses with which the department has contracted under
422	subsection (2)is exempt from the provisions of s. 119.07(1),
423	and debt collection or auditing agenciesand individuals or
424	businesses with which the department has contracted under
425	subsection (2)shall be bound by the same requirements of
426	confidentiality as the Department of Revenue. Breach of
427	confidentiality is a misdemeanor of the first degree, punishable
428	as provided by ss. 775.082 and 775.083.
429	(7)(8)(a) The executive director of the department may
430	enter into contracts with private vendors to develop and
431	implement systems to enhance tax collections where compensation
432	to the vendors is funded through increased tax collections. The
433	amount of compensation paid to a vendor shall be based on a
434	percentage of increased tax collections attributable to the
435	system after all administrative and judicial appeals are
436	exhausted, and the total amount of compensation paid to a vendor
437	shall not exceed the maximum amount stated in the contract.
438	(b) A person acting on behalf of the department under a
439	contract authorized by this subsection does not exercise any of
440	the powers of the department, except that the person is an agent
441	of the department for the purposes of developing and
442	implementing a system to enhance tax collection.
443	(c) Disclosure of information under this subsection shall
444	be pursuant to a written agreement between the executive
445	director and the private vendors. The vendors shall be bound by
446	the same requirements of confidentiality as the department.
447	Breach of confidentiality is a misdemeanor of the first degree,
448	punishable as provided in s. 775.082 or s. 775.083.
449	Section 13. Section 213.31, Florida Statutes, is amended
450	to read:
451	213.31 Corporation Tax Administration Trust Fund.--There
452	is hereby created in the State Treasury the Corporation Tax
453	Administration Trust Fund. Moneys in the fund are hereby
454	appropriated to the Department of Revenue for the administration
455	of taxes levied upon corporations, including, but not limited
456	to, those imposed underchapter 199,chapter 220,or chapter
457	221.
458	Section 14. Paragraph (c) of subsection (6) of section
459	215.555, Florida Statutes, is amended to read:
460	215.555 Florida Hurricane Catastrophe Fund.--
461	(6) REVENUE BONDS.--
462	(c) Florida Hurricane Catastrophe Fund Finance
463	Corporation.--
464	1. In addition to the findings and declarations in
465	subsection (1), the Legislature also finds and declares that:
466	a. The public benefits corporation created under this
467	paragraph will provide a mechanism necessary for the cost-
468	effective and efficient issuance of bonds. This mechanism will
469	eliminate unnecessary costs in the bond issuance process,
470	thereby increasing the amounts available to pay reimbursement
471	for losses to property sustained as a result of hurricane
472	damage.
473	b. The purpose of such bonds is to fund reimbursements
474	through the Florida Hurricane Catastrophe Fund to pay for the
475	costs of construction, reconstruction, repair, restoration, and
476	other costs associated with damage to properties of
477	policyholders of covered policies due to the occurrence of a
478	hurricane.
479	c. The efficacy of the financing mechanism will be
480	enhanced by the corporation's ownership of the assessments, by
481	the insulation of the assessments from possible bankruptcy
482	proceedings, and by covenants of the state with the
483	corporation's bondholders.
484	2.a. There is created a public benefits corporation, which
485	is an instrumentality of the state, to be known as the Florida
486	Hurricane Catastrophe Fund Finance Corporation.
487	b. The corporation shall operate under a five-member board
488	of directors consisting of the Governor or a designee, the
489	Comptroller or a designee, the Treasurer or a designee, the
490	director of the Division of Bond Finance of the State Board of
491	Administration, and the chief operating officer of the Florida
492	Hurricane Catastrophe Fund.
493	c. The corporation has all of the powers of corporations
494	under chapter 607 and under chapter 617, subject only to the
495	provisions of this subsection.
496	d. The corporation may issue bonds and engage in such
497	other financial transactions as are necessary to provide
498	sufficient funds to achieve the purposes of this section.
499	e. The corporation may invest in any of the investments
500	authorized under s. 215.47.
501	f. There shall be no liability on the part of, and no
502	cause of action shall arise against, any board members or
503	employees of the corporation for any actions taken by them in
504	the performance of their duties under this paragraph.
505	3.a. In actions under chapter 75 to validate any bonds
506	issued by the corporation, the notice required by s. 75.06 shall
507	be published only in Leon County and in two newspapers of
508	general circulation in the state, and the complaint and order of
509	the court shall be served only on the State Attorney of the
510	Second Judicial Circuit.
511	b. The state hereby covenants with holders of bonds of the
512	corporation that the state will not repeal or abrogate the power
513	of the board to direct the Department of Insurance to levy the
514	assessments and to collect the proceeds of the revenues pledged
515	to the payment of such bonds as long as any such bonds remain
516	outstanding unless adequate provision has been made for the
517	payment of such bonds pursuant to the documents authorizing the
518	issuance of such bonds.
519	4. The bonds of the corporation are not a debt of the
520	state or of any political subdivision, and neither the state nor
521	any political subdivision is liable on such bonds. The
522	corporation does not have the power to pledge the credit, the
523	revenues, or the taxing power of the state or of any political
524	subdivision. The credit, revenues, or taxing power of the state
525	or of any political subdivision shall not be deemed to be
526	pledged to the payment of any bonds of the corporation.
527	5.a. The property, revenues, and other assets of the
528	corporation; the transactions and operations of the corporation
529	and the income from such transactions and operations; and all
530	bonds issued under this paragraph and interest on such bonds are
531	exempt from taxation by the state and any political subdivision,
532	includingthe intangibles tax under chapter 199 andthe income
533	tax under chapter 220. This exemption does not apply to any tax
534	imposed by chapter 220 on interest, income, or profits on debt
535	obligations owned by corporations other than the Florida
536	Hurricane Catastrophe Fund Finance Corporation.
537	b. All bonds of the corporation shall be and constitute
538	legal investments without limitation for all public bodies of
539	this state; for all banks, trust companies, savings banks,
540	savings associations, savings and loan associations, and
541	investment companies; for all administrators, executors,
542	trustees, and other fiduciaries; for all insurance companies and
543	associations and other persons carrying on an insurance
544	business; and for all other persons who are now or may hereafter
545	be authorized to invest in bonds or other obligations of the
546	state and shall be and constitute eligible securities to be
547	deposited as collateral for the security of any state, county,
548	municipal, or other public funds. This sub-subparagraph shall be
549	considered as additional and supplemental authority and shall
550	not be limited without specific reference to this sub-
551	subparagraph.
552	6. The corporation and its corporate existence shall
553	continue until terminated by law; however, no such law shall
554	take effect as long as the corporation has bonds outstanding
555	unless adequate provision has been made for the payment of such
556	bonds pursuant to the documents authorizing the issuance of such
557	bonds. Upon termination of the existence of the corporation, all
558	of its rights and properties in excess of its obligations shall
559	pass to and be vested in the state.
560	Section 15. Subsection (1) and paragraph (b) of subsection
561	(3) of section 220.1845, Florida Statutes, are amended to read:
562	220.1845 Contaminated site rehabilitation tax credit.--
563	(1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
564	(a) A credit in the amount of 35 percent of the costs of
565	voluntary cleanup activity that is integral to site
566	rehabilitation at the following sites is allowed against any tax
567	due for a taxable year under this chapter:
568	1. A drycleaning-solvent-contaminated site eligible for
569	state-funded site rehabilitation under s. 376.3078(3);
570	2. A drycleaning-solvent-contaminated site at which
571	cleanup is undertaken by the real property owner pursuant to s.
572	376.3078(11), if the real property owner is not also, and has
573	never been, the owner or operator of the drycleaning facility
574	where the contamination exists; or
575	3. A brownfield site in a designated brownfield area under
576	s. 376.80.
577	(b) A taxpayer, or multiple taxpayers working jointly to
578	clean up a single site, may not receive more than $250,000 per
579	year in tax credits for each site voluntarily rehabilitated.
580	Multiple taxpayers shall receive tax credits in the same
581	proportion as their contribution to payment of cleanup costs.
582	Subject to the same conditions and limitations as provided in
583	this section, a municipality or county which voluntarily
584	rehabilitates a site may receive not more than $250,000 per year
585	in tax credits which it can subsequently transfer subject to the
586	provisions in paragraph(g)(h).
587	(c) If the credit granted under this section is not fully
588	used in any one year because of insufficient tax liability on
589	the part of the corporation, the unused amount may be carried
590	forward for a period not to exceed 5 years. The carryover credit
591	may be used in a subsequent year when the tax imposed by this
592	chapter for that year exceeds the credit for which the
593	corporation is eligible in that year under this section after
594	applying the other credits and unused carryovers in the order
595	provided by s. 220.02(8).
596	(d) A taxpayer that files a consolidated return in this
597	state as a member of an affiliated group under s. 220.131(1) may
598	be allowed the credit on a consolidated return basis up to the
599	amount of tax imposed upon and paid by the taxpayer that
600	incurred the rehabilitation costs.
601	(e) A taxpayer that receives credit under s. 199.1055 is
602	ineligible to receive credit under this section in a given tax
603	year.
604	(e)(f)A taxpayer that receives state-funded site
605	rehabilitation under s. 376.3078(3) for rehabilitation of a
606	drycleaning-solvent-contaminated site is ineligible to receive
607	credit under this section for costs incurred by the taxpayer in
608	conjunction with the rehabilitation of that site during the same
609	time period that state-administered site rehabilitation was
610	underway.
611	(f)(g)The total amount of the tax credits which may be
612	granted under this sectionand s. 199.1055is $2 million
613	annually.
614	(g)(h)1. Tax credits that may be available under this
615	section to an entity eligible under s. 376.30781 may be
616	transferred after a merger or acquisition to the surviving or
617	acquiring entity and used in the same manner and with the same
618	limitations.
619	2. The entity or its surviving or acquiring entity as
620	described in subparagraph 1., may transfer any unused credit in
621	whole or in units of no less than 25 percent of the remaining
622	credit. The entity acquiring such credit may use it in the same
623	manner and with the same limitation as described in this
624	section. Such transferred credits may not be transferred again
625	although they may succeed to a surviving or acquiring entity
626	subject to the same conditions and limitations as described in
627	this section.
628	3. In the event the credit provided for under this section
629	is reduced either as a result of a determination by the
630	Department of Environmental Protection or an examination or
631	audit by the Department of Revenue, such tax deficiency shall be
632	recovered from the first entity, or the surviving or acquiring
633	entity, to have claimed such credit up to the amount of credit
634	taken. Any subsequent deficiencies shall be assessed against any
635	entity acquiring and claiming such credit, or in the case of
636	multiple succeeding entities in the order of credit succession.
637	(h)(i)In order to encourage completion of site
638	rehabilitation at contaminated sites being voluntarily cleaned
639	up and eligible for a tax credit under this section, the
640	taxpayer may claim an additional 10 percent of the total cleanup
641	costs, not to exceed $50,000, in the final year of cleanup as
642	evidenced by the Department of Environmental Protection issuing
643	a "No Further Action" order for that site.
644	(3) ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
645	FORFEITURE.--
646	(b) In addition to its existing audit and investigation
647	authority relating tochapter 199 andthis chapter, the
648	Department of Revenue may perform any additional financial and
649	technical audits and investigations, including examining the
650	accounts, books, or records of the tax credit applicant, which
651	are necessary to verify the site rehabilitation costs included
652	in a tax credit return and to ensure compliance with this
653	section. The Department of Environmental Protection shall
654	provide technical assistance, when requested by the Department
655	of Revenue, on any technical audits performed pursuant to this
656	section.
657	Section 16. Paragraph (b) of subsection (2) of section
658	288.039, Florida Statutes, is amended to read:
659	288.039 Employing and Training our Youths (ENTRY).--
660	(2) TAX REFUND; ELIGIBLE AMOUNTS.--
661	(b) After entering into an employment/tax refund agreement
662	under subsection (3), an eligible business may receive refunds
663	for the following taxes or fees due and paid by that business:
664	1. Taxes on sales, use, and other transactions under
665	chapter 212.
666	2. Corporate income taxes under chapter 220.
667	3. Intangible personal property taxes under chapter 199.
668	3.4.Emergency excise taxes under chapter 221.
669	4.5.Excise taxes on documents under chapter 201.
670	5.6.Ad valorem taxes paid, as defined in s. 220.03(1).
671	6.7.Insurance premium taxes under s. 624.509.
672	7.8.Occupational license fees under chapter 205.
673
674	However, an eligible business may not receive a refund under
675	this section for any amount of credit, refund, or exemption
676	granted to that business for any of such taxes or fees. If a
677	refund for such taxes or fees is provided by the office, which
678	taxes or fees are subsequently adjusted by the application of
679	any credit, refund, or exemption granted to the eligible
680	business other than as provided in this section, the business
681	shall reimburse the office for the amount of that credit,
682	refund, or exemption. An eligible business shall notify and
683	tender payment to the office within 20 days after receiving any
684	credit, refund, or exemption other than the one provided in this
685	section.
686	Section 17. Paragraph (f) of subsection (2) and paragraphs
687	(b), (c), and (d) of subsection (3) of section 288.1045, Florida
688	Statutes, are amended to read:
689	288.1045 Qualified defense contractor tax refund
690	program.--
691	(2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
692	(f) After entering into a tax refund agreement pursuant to
693	subsection (4), a qualified applicant may receive refunds from
694	the Economic Development Trust Fund for the following taxes due
695	and paid by the qualified applicant beginning with the
696	applicant's first taxable year that begins after entering into
697	the agreement:
698	1. Taxes on sales, use, and other transactions paid
699	pursuant to chapter 212.
700	2. Corporate income taxes paid pursuant to chapter 220.
701	3. Intangible personal property taxes paid pursuant to
702	chapter 199.
703	3.4.Emergency excise taxes paid pursuant to chapter 221.
704	4.5.Excise taxes paid on documents pursuant to chapter
705	201.
706	5.6.Ad valorem taxes paid, as defined in s. 220.03(1)(a)
707	on June 1, 1996.
708
709	However, a qualified applicant may not receive a tax refund
710	pursuant to this section for any amount of credit, refund, or
711	exemption granted such contractor for any of such taxes. If a
712	refund for such taxes is provided by the office, which taxes are
713	subsequently adjusted by the application of any credit, refund,
714	or exemption granted to the qualified applicant other than that
715	provided in this section, the qualified applicant shall
716	reimburse the Economic Development Trust Fund for the amount of
717	such credit, refund, or exemption. A qualified applicant must
718	notify and tender payment to the office within 20 days after
719	receiving a credit, refund, or exemption, other than that
720	provided in this section.
721	(3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
722	DETERMINATION.--
723	(b) Applications for certification based on the
724	consolidation of a Department of Defense contract or a new
725	Department of Defense contract must be submitted to the office
726	as prescribed by the office and must include, but are not
727	limited to, the following information:
728	1. The applicant's federal employer identification number,
729	the applicant's Florida sales tax registration number, and a
730	notarized signature of an officer of the applicant.
731	2. The permanent location of the manufacturing,
732	assembling, fabricating, research, development, or design
733	facility in this state at which the project is or is to be
734	located.
735	3. The Department of Defense contract numbers of the
736	contract to be consolidated, the new Department of Defense
737	contract number, or the "RFP" number of a proposed Department of
738	Defense contract.
739	4. The date the contract was executed or is expected to be
740	executed, and the date the contract is due to expire or is
741	expected to expire.
742	5. The commencement date for project operations under the
743	contract in this state.
744	6. The number of net new full-time equivalent Florida jobs
745	included in the project as of December 31 of each year and the
746	average wage of such jobs.
747	7. The total number of full-time equivalent employees
748	employed by the applicant in this state.
749	8. The percentage of the applicant's gross receipts
750	derived from Department of Defense contracts during the 5
751	taxable years immediately preceding the date the application is
752	submitted.
753	9. The amount of:
754	a. Taxes on sales, use, and other transactions paid
755	pursuant to chapter 212;
756	b. Corporate income taxes paid pursuant to chapter 220;
757	c. Intangible personal property taxes paid pursuant to
758	chapter 199;
759	c.d.Emergency excise taxes paid pursuant to chapter 221;
760	d.e.Excise taxes paid on documents pursuant to chapter
761	201; and
762	e.f.Ad valorem taxes paid
763
764	during the 5 fiscal years immediately preceding the date of the
765	application, and the projected amounts of such taxes to be due
766	in the 3 fiscal years immediately following the date of the
767	application.
768	10. The estimated amount of tax refunds to be claimed for
769	each fiscal year.
770	11. A brief statement concerning the applicant's need for
771	tax refunds, and the proposed uses of such refunds by the
772	applicant.
773	12. A resolution adopted by the county commissioners of
774	the county in which the project will be located, which
775	recommends the applicant be approved as a qualified applicant,
776	and which indicates that the necessary commitments of local
777	financial support for the applicant exist. Prior to the adoption
778	of the resolution, the county commission may review the proposed
779	public or private sources of such support and determine whether
780	the proposed sources of local financial support can be provided
781	or, for any applicant whose project is located in a county
782	designated by the Rural Economic Development Initiative, a
783	resolution adopted by the county commissioners of such county
784	requesting that the applicant's project be exempt from the local
785	financial support requirement.
786	13. Any additional information requested by the office.
787	(c) Applications for certification based on the conversion
788	of defense production jobs to nondefense production jobs must be
789	submitted to the office as prescribed by the office and must
790	include, but are not limited to, the following information:
791	1. The applicant's federal employer identification number,
792	the applicant's Florida sales tax registration number, and a
793	notarized signature of an officer of the applicant.
794	2. The permanent location of the manufacturing,
795	assembling, fabricating, research, development, or design
796	facility in this state at which the project is or is to be
797	located.
798	3. The Department of Defense contract numbers of the
799	contract under which the defense production jobs will be
800	converted to nondefense production jobs.
801	4. The date the contract was executed, and the date the
802	contract is due to expire or is expected to expire, or was
803	canceled.
804	5. The commencement date for the nondefense production
805	operations in this state.
806	6. The number of net new full-time equivalent Florida jobs
807	included in the nondefense production project as of December 31
808	of each year and the average wage of such jobs.
809	7. The total number of full-time equivalent employees
810	employed by the applicant in this state.
811	8. The percentage of the applicant's gross receipts
812	derived from Department of Defense contracts during the 5
813	taxable years immediately preceding the date the application is
814	submitted.
815	9. The amount of:
816	a. Taxes on sales, use, and other transactions paid
817	pursuant to chapter 212;
818	b. Corporate income taxes paid pursuant to chapter 220;
819	c. Intangible personal property taxes paid pursuant to
820	chapter 199;
821	c.d.Emergency excise taxes paid pursuant to chapter 221;
822	d.e.Excise taxes paid on documents pursuant to chapter
823	201; and
824	e.f.Ad valorem taxes paid
825
826	during the 5 fiscal years immediately preceding the date of the
827	application, and the projected amounts of such taxes to be due
828	in the 3 fiscal years immediately following the date of the
829	application.
830	10. The estimated amount of tax refunds to be claimed for
831	each fiscal year.
832	11. A brief statement concerning the applicant's need for
833	tax refunds, and the proposed uses of such refunds by the
834	applicant.
835	12. A resolution adopted by the county commissioners of
836	the county in which the project will be located, which
837	recommends the applicant be approved as a qualified applicant,
838	and which indicates that the necessary commitments of local
839	financial support for the applicant exist. Prior to the adoption
840	of the resolution, the county commission may review the proposed
841	public or private sources of such support and determine whether
842	the proposed sources of local financial support can be provided
843	or, for any applicant whose project is located in a county
844	designated by the Rural Economic Development Initiative, a
845	resolution adopted by the county commissioners of such county
846	requesting that the applicant's project be exempt from the local
847	financial support requirement.
848	13. Any additional information requested by the office.
849	(d) Applications for certification based on a contract for
850	reuse of a defense-related facility must be submitted to the
851	office as prescribed by the office and must include, but are not
852	limited to, the following information:
853	1. The applicant's Florida sales tax registration number
854	and a notarized signature of an officer of the applicant.
855	2. The permanent location of the manufacturing,
856	assembling, fabricating, research, development, or design
857	facility in this state at which the project is or is to be
858	located.
859	3. The business entity holding a valid Department of
860	Defense contract or branch of the Armed Forces of the United
861	States that previously occupied the facility, and the date such
862	entity last occupied the facility.
863	4. A copy of the contract to reuse the facility, or such
864	alternative proof as may be prescribed by the office that the
865	applicant is seeking to contract for the reuse of such facility.
866	5. The date the contract to reuse the facility was
867	executed or is expected to be executed, and the date the
868	contract is due to expire or is expected to expire.
869	6. The commencement date for project operations under the
870	contract in this state.
871	7. The number of net new full-time equivalent Florida jobs
872	included in the project as of December 31 of each year and the
873	average wage of such jobs.
874	8. The total number of full-time equivalent employees
875	employed by the applicant in this state.
876	9. The amount of:
877	a. Taxes on sales, use, and other transactions paid
878	pursuant to chapter 212.
879	b. Corporate income taxes paid pursuant to chapter 220.
880	c. Intangible personal property taxes paid pursuant to
881	chapter 199.
882	c.d.Emergency excise taxes paid pursuant to chapter 221.
883	d.e.Excise taxes paid on documents pursuant to chapter
884	201.
885	e.f.Ad valorem taxes paid during the 5 fiscal years
886	immediately preceding the date of the application, and the
887	projected amounts of such taxes to be due in the 3 fiscal years
888	immediately following the date of the application.
889	10. The estimated amount of tax refunds to be claimed for
890	each fiscal year.
891	11. A brief statement concerning the applicant's need for
892	tax refunds, and the proposed uses of such refunds by the
893	applicant.
894	12. A resolution adopted by the county commissioners of
895	the county in which the project will be located, which
896	recommends the applicant be approved as a qualified applicant,
897	and which indicates that the necessary commitments of local
898	financial support for the applicant exist. Prior to the adoption
899	of the resolution, the county commission may review the proposed
900	public or private sources of such support and determine whether
901	the proposed sources of local financial support can be provided
902	or, for any applicant whose project is located in a county
903	designated by the Rural Economic Development Initiative, a
904	resolution adopted by the county commissioners of such county
905	requesting that the applicant's project be exempt from the local
906	financial support requirement.
907	13. Any additional information requested by the office.
908	Section 18. Paragraph (c) of subsection (2) of section
909	288.106, Florida Statutes, is amended to read:
910	288.106 Tax refund program for qualified target industry
911	businesses.--
912	(2) TAX REFUND; ELIGIBLE AMOUNTS.--
913	(c) After entering into a tax refund agreement under
914	subsection (4), a qualified target industry business may:
915	1. Receive refunds from the account for the following
916	taxes due and paid by that business beginning with the first
917	taxable year of the business which begins after entering into
918	the agreement:
919	a. Corporate income taxes under chapter 220.
920	b. Insurance premium tax under s. 624.509.
921	2. Receive refunds from the account for the following
922	taxes due and paid by that business after entering into the
923	agreement:
924	a. Taxes on sales, use, and other transactions under
925	chapter 212.
926	b. Intangible personal property taxes under chapter 199.
927	b.c.Emergency excise taxes under chapter 221.
928	c.d.Excise taxes on documents under chapter 201.
929	d.e.Ad valorem taxes paid, as defined in s. 220.03(1).
930	Section 19. Paragraph (a) of subsection (2), subsection
931	(3), and subsection (12) of section 376.30781, Florida Statutes,
932	are amended to read:
933	376.30781 Partial tax credits for rehabilitation of
934	drycleaning-solvent-contaminated sites and brownfield sites in
935	designated brownfield areas; application process; rulemaking
936	authority; revocation authority.--
937	(2)(a) A credit in the amount of 35 percent of the costs
938	of voluntary cleanup activity that is integral to site
939	rehabilitation at the following sites is allowed pursuant tos.
940	ss. 199.1055 and220.1845:
941	1. A drycleaning-solvent-contaminated site eligible for
942	state-funded site rehabilitation under s. 376.3078(3);
943	2. A drycleaning-solvent-contaminated site at which
944	cleanup is undertaken by the real property owner pursuant to s.
945	376.3078(11), if the real property owner is not also, and has
946	never been, the owner or operator of the drycleaning facility
947	where the contamination exists; or
948	3. A brownfield site in a designated brownfield area under
949	s. 376.80.
950	(3) The Department of Environmental Protection shall be
951	responsible for allocating the tax credits provided for ins.
952	ss. 199.1055 and220.1845, not to exceed a total of $2 million
953	in tax credits annually.
954	(12) An owner, operator, or real property owner who
955	receives state-funded site rehabilitation under s. 376.3078(3)
956	for rehabilitation of a drycleaning-solvent-contaminated site is
957	ineligible to receive a tax credit unders. 199.1055 ors.
958	220.1845 for costs incurred by the taxpayer in conjunction with
959	the rehabilitation of that site during the same time period that
960	state-administered site rehabilitation was underway.
961	Section 20. Subsection (13) of section 493.6102, Florida
962	Statutes, is amended to read:
963	493.6102 Inapplicability of this chapter.--This chapter
964	shall not apply to:
965	(13) Any individual employed as a security officer by a
966	church or ecclesiastical or denominational organization having
967	an established physical place of worship in this state at which
968	nonprofit religious services and activities are regularly
969	conducted or by a church cemeteryreligious institution as
970	defined in s. 199.183(2)(a)to provide security on the
971	institutionpropertyof the organization or cemetery, and who
972	does not carry a firearm in the course of her or his duties.
973	Section 21. Paragraph (a) of subsection (3) of section
974	516.031, Florida Statutes, is amended to read:
975	516.031 Finance charge; maximum rates.--
976	(3) OTHER CHARGES.--
977	(a) In addition to the interest, delinquency, and
978	insurance charges herein provided for, no further or other
979	charges or amount whatsoever for any examination, service,
980	commission, or other thing or otherwise shall be directly or
981	indirectly charged, contracted for, or received as a condition
982	to the grant of a loan, except:
983	1. An amount not to exceed $10 to reimburse a portion of
984	the costs for investigating the character and credit of the
985	person applying for the loan;
986	2. An annual fee of $25 on the anniversary date of each
987	line-of-credit account;
988	3. Charges paid for brokerage fee on a loan or line of
989	credit of more than $10,000, title insurance, and the appraisal
990	of real property offered as security when paid to a third party
991	and supported by an actual expenditure;
992	4. Intangible personal property tax on the loan note or
993	obligation when secured by a lien on real property;
994	4.5.The documentary excise tax and lawful fees, if any,
995	actually and necessarily paid out by the licensee to any public
996	officer for filing, recording, or releasing in any public office
997	any instrument securing the loan, which fees may be collected
998	when the loan is made or at any time thereafter;
999	5.6.The premium payable for any insurance in lieu of
1000	perfecting any security interest otherwise required by the
1001	licensee in connection with the loan, if the premium does not
1002	exceed the fees which would otherwise be payable, which premium
1003	may be collected when the loan is made or at any time
1004	thereafter;
1005	6.7.Actual and reasonable attorney's fees and court costs
1006	as determined by the court in which suit is filed;
1007	7.8.Actual and commercially reasonable expenses of
1008	repossession, storing, repairing and placing in condition for
1009	sale, and selling of any property pledged as security; or
1010	8.9.A delinquency charge not to exceed $10 for each
1011	payment in default for a period of not less than 10 days, if the
1012	charge is agreed upon, in writing, between the parties before
1013	imposing the charge.
1014
1015	Any charges, including interest, in excess of the combined total
1016	of all charges authorized and permitted by this chapter
1017	constitute a violation of chapter 687 governing interest and
1018	usury, and the penalties of that chapter apply. In the event of
1019	a bona fide error, the licensee shall refund or credit the
1020	borrower with the amount of the overcharge immediately but
1021	within 20 days from the discovery of such error.
1022	Section 22. Paragraph (m) of subsection (4) of section
1023	627.311, Florida Statutes, is amended to read:
1024	627.311 Joint underwriters and joint reinsurers.--
1025	(4)
1026	(m) Each joint underwriting plan or association created
1027	under this section is not a state agency, board, or commission.
1028	However,for the purposes of s. 199.183(1) only,the joint
1029	underwriting plan isa political subdivision of the state and is
1030	exempt from the corporate income tax.
1031	Section 23. Paragraph (j) of subsection (6) of section
1032	627.351, Florida Statutes, is amended to read:
1033	627.351 Insurance risk apportionment plans.--
1034	(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
1035	(j)For the purposes of s. 199.183(1),The corporation
1036	shall be considered a political subdivision of the state and
1037	shall be exempt from the corporate income tax. The premiums,
1038	assessments, investment income, and other revenue of the
1039	corporation are funds received for providing property insurance
1040	coverage as required by this subsection, paying claims for
1041	Florida citizens insured by the corporation, securing and
1042	repaying debt obligations issued by the corporation, and
1043	conducting all other activities of the corporation, and shall
1044	not be considered taxes, fees, licenses, or charges for services
1045	imposed by the Legislature on individuals, businesses, or
1046	agencies outside state government. Bonds and other debt
1047	obligations issued by or on behalf of the corporation are not to
1048	be considered "state bonds" within the meaning of s. 215.58(10).
1049	The corporation is not subject to the procurement provisions of
1050	chapter 287, and policies and decisions of the corporation
1051	relating to incurring debt, levying of assessments and the sale,
1052	issuance, continuation, terms and claims under corporation
1053	policies, and all services relating thereto, are not subject to
1054	the provisions of chapter 120. The corporation is not required
1055	to obtain or to hold a certificate of authority issued by the
1056	department, nor is it required to participate as a member
1057	insurer of the Florida Insurance Guaranty Association. However,
1058	the corporation is required to pay, in the same manner as an
1059	authorized insurer, assessments pledged by the Florida Insurance
1060	Guaranty Association to secure bonds issued or other
1061	indebtedness incurred to pay covered claims arising from insurer
1062	insolvencies caused by, or proximately related to, hurricane
1063	losses. It is the intent of the Legislature that the tax
1064	exemptions provided in this paragraph will augment the financial
1065	resources of the corporation to better enable the corporation to
1066	fulfill its public purposes. Any bonds issued by the
1067	corporation, their transfer, and the income therefrom, including
1068	any profit made on the sale thereof, shall at all times be free
1069	from taxation of every kind by the state and any political
1070	subdivision or local unit or other instrumentality thereof;
1071	however, this exemption does not apply to any tax imposed by
1072	chapter 200 on interest, income, or profits on debt obligations
1073	owned by corporations other than the corporation.
1074	Section 24. Paragraph (b) of subsection (6) of section
1075	650.05, Florida Statutes, is amended to read:
1076	650.05 Plans for coverage of employees of political
1077	subdivisions.--
1078	(6)
1079	(b) The grants-in-aid and other revenue referred to in
1080	paragraph (a) specifically include, but are not limited to,
1081	minimum foundation program grants to public school districts and
1082	community colleges; gasoline, motor fuel,intangible,cigarette,
1083	racing, and insurance premium taxes distributed to political
1084	subdivisions; and amounts specifically appropriated as grants-
1085	in-aid for mental health, mental retardation, and mosquito
1086	control programs.
1087	Section 25. Subsection (1) of section 655.071, Florida
1088	Statutes, is amended to read:
1089	655.071 International banking facilities; definitions;
1090	notice before establishment.--
1091	(1) "International banking facility" means a set of asset
1092	and liability accounts segregated on the books and records of a
1093	banking organization, as that term is defined in s.201.23
1094	199.023, that includes only international banking facility
1095	deposits, borrowings, and extensions of credit, as those terms
1096	shall be defined by the department pursuant to subsection (2).
1097	Section 26. Paragraph (a) of subsection (1) of section
1098	766.105, Florida Statutes, is amended to read:
1099	766.105 Florida Patient's Compensation Fund.--
1100	(1) DEFINITIONS.--The following definitions apply in the
1101	interpretation and enforcement of this section:
1102	(a) The term "fund" means the Florida Patient's
1103	Compensation Fund. The fund is not a state agency, board, or
1104	commission.However, for the purposes of s. 199.183(1) only, the
1105	fund shall be considered a political subdivision of this state.
1106	Section 27. Paragraph (a) of subsection (4) of section
1107	192.0105, Florida Statutes, is amended to read:
1108	192.0105 Taxpayer rights.--There is created a Florida
1109	Taxpayer's Bill of Rights for property taxes and assessments to
1110	guarantee that the rights, privacy, and property of the
1111	taxpayers of this state are adequately safeguarded and protected
1112	during tax levy, assessment, collection, and enforcement
1113	processes administered under the revenue laws of this state. The
1114	Taxpayer's Bill of Rights compiles, in one document, brief but
1115	comprehensive statements that summarize the rights and
1116	obligations of the property appraisers, tax collectors, clerks
1117	of the court, local governing boards, the Department of Revenue,
1118	and taxpayers. Additional rights afforded to payors of taxes and
1119	assessments imposed under the revenue laws of this state are
1120	provided in s. 213.015. The rights afforded taxpayers to assure
1121	that their privacy and property are safeguarded and protected
1122	during tax levy, assessment, and collection are available only
1123	insofar as they are implemented in other parts of the Florida
1124	Statutes or rules of the Department of Revenue. The rights so
1125	guaranteed to state taxpayers in the Florida Statutes and the
1126	departmental rules include:
1127	(4) THE RIGHT TO CONFIDENTIALITY.--
1128	(a) The right to have information kept confidential,
1129	including federal tax information, ad valorem tax returns,
1130	social security numbers, all financial records produced by the
1131	taxpayer, Form DR-219 returns for documentary stamp tax
1132	information, and sworn statements of gross income, copies of
1133	federal income tax returns for the prior year, wage and earnings
1134	statements (W-2 forms), and other documents (see ss. 192.105,
1135	193.074, 193.114(5)(6), 195.027(3) and (6), and 196.101(4)(c)).
1136	Section 28.(1) Sections 199.012, 199.023, 199.032,
1137	199.033, 199.042, 199.052, 199.057, 199.062, 199.103, 199.1055,
1138	199.106, 199.133, 199.135, 199.143, 199.145, 199.155, 199.175,
1139	199.183, 199.185, 199.202, 199.212, 199.218, 199.232, 199.262,
1140	199.272, 199.282, 199.292, and 199.303, Florida Statutes, are
1141	repealed.
1142	(2) Subsection (5) of section 192.032, subsection (3) of
1143	section 192.042, subsection (4) of section 193.114, subsection
1144	(9) of section 196.015, paragraph (g) of subsection (1) of
1145	section 607.1622, and subsection (5) of section 733.702, Florida
1146	Statutes, are repealed.
1147	Section 29. This act shall take effect July 1, 2003.
1148