HB 1131

1	A bill to be entitled
2	An act relating to intangible personal property taxes;
3	repealing ss. 199.012, 199.023, 199.032, 199.033, 199.042,
4	199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
5	199.133, 199.135, 199.143, 199.145, 199.155, 199.175,
6	199.183, 199.185, 199.202, 199.212, 199.218, 199.232,
7	199.262, 199.272, 199.282, 199.292, and 199.303, F.S.,
8	relating to the intangible personal property tax; amending
9	ss. 72.011, 192.0105, 192.091, 196.199, 196.1993, 201.23,
10	212.02, 213.015, 213.05, 213.053, 213.054, 213.13, 213.27,
11	213.31, 215.555, 220.1845, 288.039, 288.1045, 288.106,
12	376.30781, 493.6102, 516.031, 607.1622, 627.311, 627.351,
13	650.05, 655.071, and 766.105, F.S., to conform to the
14	repeal of the intangible personal property tax; repealing
15	ss. 192.032(5), 192.042(3), 193.114(4), 196.015(9), and
16	733.702(5), F.S., relating to situs of property for
17	assessment purposes, date of assessment, the intangible
18	personal property tax roll, filing of intangible tax
19	returns as a factor in determining residency, and claims
20	against a decedent's estate for intangible taxes,
21	respectively, to conform to the repeal of the intangible
22	personal property tax; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Sections 199.012, 199.023, 199.032, 199.033,
27	199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
28	199.133, 199.135, 199.143, 199.145, 199.155, 199.175, 199.183,
29	199.185, 199.202, 199.212, 199.218, 199.232, 199.262, 199.272,
30	199.282, 199.292, and 199.303, Florida Statutes, are repealed.
31	Section 2.  Paragraph (a) of subsection (1) of section
32	72.011, Florida Statutes, is amended to read:
33	72.011  Jurisdiction of circuit courts in specific tax
34	matters; administrative hearings and appeals; time for
35	commencing action; parties; deposits.--
36	(1)(a)  A taxpayer may contest the legality of any
37	assessment or denial of refund of tax, fee, surcharge, permit,
38	interest, or penalty provided for under s. 125.0104, s.
39	125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
40	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
41	chapter 212, chapter 213, chapter 220, chapter 221, s.
42	370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
43	538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
44	chapter 563, chapter 564, chapter 565, chapter 624, or s.
45	681.117 by filing an action in circuit court; or, alternatively,
46	the taxpayer may file a petition under the applicable provisions
47	of chapter 120. However, once an action has been initiated under
48	s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
49	120.80(14)(b), no action relating to the same subject matter may
50	be filed by the taxpayer in circuit court, and judicial review
51	shall be exclusively limited to appellate review pursuant to s.
52	120.68; and once an action has been initiated in circuit court,
53	no action may be brought under chapter 120.
54	Section 3.  Subsection (5) of section 192.091, Florida
55	Statutes, is amended to read:
56	192.091  Commissions of property appraisers and tax
57	collectors.--
58	(5)  Provided, that the provisions of this section shall
59	not apply to commissions on intangible property taxes or
60	drainage district or drainage subdistrict taxes.; and
61	Section 4.  Paragraph (b) of subsection (2) of section
62	196.199, Florida Statutes, is amended to read:
63	196.199  Government property exemption.--
64	(2)  Property owned by the following governmental units but
65	used by nongovernmental lessees shall only be exempt from
66	taxation under the following conditions:
67	(b)  Except as provided in paragraph (c), the exemption
68	provided by this subsection shall not apply to those portions of
69	a leasehold or other possessory interest in real property,
70	except for any leasehold or other possessory interest described
71	in s. 4(a), Art. VII of the State Constitution or subsection
72	(7), owned by the United States, the state, any political
73	subdivision of the state, any municipality of the state, or any
74	agency, authority, and other public body corporate of the state,
75	which are undeveloped or predominantly used for residential or
76	commercial purposes and upon which rental payments are due
77	defined by s. 199.023(1)(d), subject to the provisions of
78	subsection (7). Such leasehold or other interest shall be taxed
79	only as intangible personal property pursuant to chapter 199 if
80	rental payments are due in consideration of such leasehold or
81	other interest. If no rental payments are due pursuant to the
82	agreement creating such leasehold or other interest, the
83	leasehold or other interest shall be taxed as real property.
84	Nothing in this paragraph shall be deemed to exempt personal
85	property, buildings, or other real property improvements owned
86	by the lessee from ad valorem taxation.
87	Section 5.  Section 196.1993, Florida Statutes, is amended
88	to read:
89	196.1993  Certain agreements with local governments for use
90	of public property; exemption.--Any agreement entered into with
91	a local governmental authority prior to January 1, 1969, for use
92	of public property, under which it was understood and agreed in
93	a written instrument or by special act that no ad valorem real
94	property taxes would be paid by the licensee or lessee, shall be
95	deemed a license or management agreement for the use or
96	management of public property. Such interest shall be deemed not
97	to convey an interest in the property and shall not be subject
98	to ad valorem real property taxation. Nothing in this section
99	shall be deemed to exempt such licensee from the ad valorem
100	intangible tax and the ad valorem personal property tax.
101	Section 6.  Subsection (4) of section 201.23, Florida
102	Statutes, is amended to read:
103	201.23  Foreign notes and other written obligations
104	exempt.--
105	(4)(a)  The excise taxes imposed by this chapter shall not
106	apply to the documents, notes, evidences of indebtedness,
107	financing statements, drafts, bills of exchange, or other
108	taxable items dealt with, made, issued, drawn upon, accepted,
109	delivered, shipped, received, signed, executed, assigned,
110	transferred, or sold by or to a banking organization, as defined
111	in s. 199.023(9), in the conduct of an international banking
112	transaction, as defined in s. 199.023(11). Nothing in this
113	subsection shall be construed to change the application of
114	paragraph (2)(a).
115	(b)  For purposes of this subsection:
116	1.  "Banking organization" means:
117	a.  A bank organized and existing under the laws of this
118	state;
119	b.  A national bank organized and existing pursuant to the
120	provisions of the National Bank Act, 12 U.S.C. ss. 21 et seq.,
121	and maintaining its principal office in this state;
122	c.  An Edge Act corporation organized pursuant to the
123	provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss.
124	611 et seq., and maintaining an office in this state;
125	d.  An international bank agency licensed pursuant to the
126	laws of this state;
127	e.  A federal agency licensed pursuant to ss. 4 and 5 of
128	the International Banking Act of 1978 to maintain an office in
129	this state;
130	f.  A savings association organized and existing under the
131	laws of this state;
132	g.  A federal association organized and existing pursuant
133	to the provisions of the Home Owners' Loan Act of 1933, 12
134	U.S.C. ss. 1461 et seq., and maintaining its principal office in
135	this state; or
136	h.  A Florida export finance corporation organized and
137	existing pursuant to the provisions of part V of chapter 288.
138	2.  "International banking transaction" means:
139	a.  The financing of the exportation from, or the
140	importation into, the United States or between jurisdictions
141	abroad of tangible personal property or services;
142	b.  The financing of the production, preparation, storage,
143	or transportation of tangible personal property or services
144	which are identifiable as being directly and solely for export
145	from, or import into, the United States or between jurisdictions
146	abroad;
147	c.  The financing of contracts, projects, or activities to
148	be performed substantially abroad, except those transactions
149	secured by a mortgage, deed of trust, or other lien upon real
150	property located in the state;
151	d.  The receipt of deposits or borrowings or the extensions
152	of credit by an international banking facility, except the loan
153	or deposit of funds secured by mortgage, deed of trust, or other
154	lien upon real property located in the state; or
155	e.  Entering into foreign exchange trading or hedging
156	transactions in connection with the activities described in sub-
157	subparagraph d.
158	Section 7.  Subsection (19) of section 212.02, Florida
159	Statutes, is amended to read:
160	212.02  Definitions.--The following terms and phrases when
161	used in this chapter have the meanings ascribed to them in this
162	section, except where the context clearly indicates a different
163	meaning:
164	(19)  "Tangible personal property" means and includes
165	personal property which may be seen, weighed, measured, or
166	touched or is in any manner perceptible to the senses, including
167	electric power or energy, boats, motor vehicles and mobile homes
168	as defined in s. 320.01(1) and (2), aircraft as defined in s.
169	330.27, and all other types of vehicles. The term "tangible
170	personal property" does not include stocks, bonds, notes,
171	insurance, or other obligations or securities,; intangibles as
172	defined by the intangible tax law of the state; or pari-mutuel
173	tickets sold or issued under the racing laws of the state.
174	Section 8.  Subsections (3), (6), and (11) of section
175	213.015, Florida Statutes, are amended to read:
176	213.015  Taxpayer rights.--There is created a Florida
177	Taxpayer's Bill of Rights to guarantee that the rights, privacy,
178	and property of Florida taxpayers are adequately safeguarded and
179	protected during tax assessment, collection, and enforcement
180	processes administered under the revenue laws of this state. The
181	Taxpayer's Bill of Rights compiles, in one document, brief but
182	comprehensive statements which explain, in simple, nontechnical
183	terms, the rights and obligations of the Department of Revenue
184	and taxpayers. Section 192.0105 provides additional rights
185	afforded to payors of property taxes and assessments. The rights
186	afforded taxpayers to ensure that their privacy and property are
187	safeguarded and protected during tax assessment and collection
188	are available only insofar as they are implemented in other
189	parts of the Florida Statutes or rules of the Department of
190	Revenue. The rights so guaranteed Florida taxpayers in the
191	Florida Statutes and the departmental rules are:
192	(3)  The right to be represented or advised by counsel or
193	other qualified representatives at any time in administrative
194	interactions with the department, the right to procedural
195	safeguards with respect to recording of interviews during tax
196	determination or collection processes conducted by the
197	department, the right to be treated in a professional manner by
198	department personnel, and the right to have audits, inspections
199	of records, and interviews conducted at a reasonable time and
200	place except in criminal and internal investigations (see ss.
201	198.06, 199.218, 201.11(1), 203.02, 206.14, 211.125(3),
202	211.33(3), 212.0305(3), 212.12(5)(a), (6)(a), and (13),
203	212.13(5), 213.05, 213.21(1)(a) and (c), and 213.34).
204	(6)  The right to be informed of impending collection
205	actions which require sale or seizure of property or freezing of
206	assets, except jeopardy assessments, and the right to at least
207	30 days' notice in which to pay the liability or seek further
208	review (see ss. 198.20, 199.262, 201.16, 206.075, 206.24,
209	211.125(5), 212.03(5), 212.0305(3)(j), 212.04(7), 212.14(1),
210	213.73(3), 213.731, and 220.739).
211	(11)  The right to procedures for requesting cancellation,
212	release, or modification of liens filed by the department and
213	for requesting that any lien which is filed in error be so noted
214	on the lien cancellation filed by the department, in public
215	notice, and in notice to any credit agency at the taxpayer's
216	request (see ss. 198.22, 199.262, 212.15(4), 213.733, and
217	220.819).
218	Section 9.  Section 213.05, Florida Statutes, is amended to
219	read:
220	213.05  Department of Revenue; control and administration
221	of revenue laws.--The Department of Revenue shall have only
222	those responsibilities for ad valorem taxation specified to the
223	department in chapter 192, taxation, general provisions; chapter
224	193, assessments; chapter 194, administrative and judicial
225	review of property taxes; chapter 195, property assessment
226	administration and finance; chapter 196, exemption; chapter 197,
227	tax collections, sales, and liens; chapter 199, intangible
228	personal property taxes; and chapter 200, determination of
229	millage. The Department of Revenue shall have the responsibility
230	of regulating, controlling, and administering all revenue laws
231	and performing all duties as provided in s. 125.0104, the Local
232	Option Tourist Development Act; s. 125.0108, tourist impact tax;
233	chapter 198, estate taxes; chapter 201, excise tax on documents;
234	chapter 202, communications services tax; chapter 203, gross
235	receipts taxes; chapter 206, motor and other fuel taxes; chapter
236	211, tax on production of oil and gas and severance of solid
237	minerals; chapter 212, tax on sales, use, and other
238	transactions; chapter 220, income tax code; chapter 221,
239	emergency excise tax; ss. 336.021 and 336.025, taxes on motor
240	fuel and special fuel; s. 370.07(3), Apalachicola Bay oyster
241	surcharge; s. 376.11, pollutant spill prevention and control; s.
242	403.718, waste tire fees; s. 403.7185, lead-acid battery fees;
243	s. 538.09, registration of secondhand dealers; s. 538.25,
244	registration of secondary metals recyclers; s. 624.4621, group
245	self-insurer's fund premium tax; s. 624.5091, retaliatory tax;
246	s. 624.475, commercial self-insurance fund premium tax; ss.
247	624.509-624.511, insurance code: administration and general
248	provisions; s. 624.515, State Fire Marshal regulatory
249	assessment; s. 627.357, medical malpractice self-insurance
250	premium tax; s. 629.5011, reciprocal insurers premium tax; and
251	s. 681.117, motor vehicle warranty enforcement.
252	Section 10.  Subsections (1) and (4), paragraphs (k) and
253	(p) of subsection (7), and paragraph (a) of subsection (14) of
254	section 213.053, Florida Statutes, are amended to read:
255	213.053  Confidentiality and information sharing.--
256	(1)(a)  The provisions of this section apply to s.
257	125.0104, county government; s. 125.0108, tourist impact tax;
258	chapter 175, municipal firefighters' pension trust funds;
259	chapter 185, municipal police officers' retirement trust funds;
260	chapter 198, estate taxes; chapter 199, intangible personal
261	property taxes; chapter 201, excise tax on documents; chapter
262	203, gross receipts taxes; chapter 211, tax on severance and
263	production of minerals; chapter 212, tax on sales, use, and
264	other transactions; chapter 220, income tax code; chapter 221,
265	emergency excise tax; s. 252.372, emergency management,
266	preparedness, and assistance surcharge; s. 370.07(3),
267	Apalachicola Bay oyster surcharge; chapter 376, pollutant spill
268	prevention and control; s. 403.718, waste tire fees; s.
269	403.7185, lead-acid battery fees; s. 538.09, registration of
270	secondhand dealers; s. 538.25, registration of secondary metals
271	recyclers; ss. 624.501 and 624.509-624.515, insurance code; s.
272	681.117, motor vehicle warranty enforcement; and s. 896.102,
273	reports of financial transactions in trade or business.
274	(b)  The provisions of this section also apply to chapter
275	202, the Communications Services Tax Simplification Law. This
276	paragraph is subject to the Open Government Sunset Review Act of
277	1995 in accordance with s. 119.15, and shall stand repealed on
278	October 2, 2006, unless reviewed and saved from repeal through
279	reenactment by the Legislature.
280	(4)  Nothing contained in this section shall prevent the
281	department from publishing statistics so classified as to
282	prevent the identification of particular accounts, reports,
283	declarations, or returns or prevent the department from
284	disclosing to the Chief Financial Officer the names and
285	addresses of those taxpayers who have claimed an exemption
286	pursuant to s. 199.185(1)(i) or a deduction pursuant to s.
287	220.63(5).
288	(7)  Notwithstanding any other provision of this section,
289	the department may provide:
290	(k)1.  Payment information relative to chapters 199, 201,
291	212, 220, 221, and 624 to the Office of Tourism, Trade, and
292	Economic Development, or its employees or agents that are
293	identified in writing by the office to the department, in the
294	administration of the tax refund program for qualified defense
295	contractors authorized by s. 288.1045 and the tax refund program
296	for qualified target industry businesses authorized by s.
297	288.106.
298	2.  Information relative to tax credits taken by a business
299	under s. 220.191 and exemptions or tax refunds received by a
300	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
301	and Economic Development, or its employees or agents that are
302	identified in writing by the office to the department, in the
303	administration and evaluation of the capital investment tax
304	credit program authorized in s. 220.191 and the semiconductor,
305	defense, and space tax exemption program authorized in s.
306	212.08(5)(j).
307	(p)  Information relative to ss. 199.1055, 220.1845, and
308	376.30781 to the Department of Environmental Protection in the
309	conduct of its official business.
310
311	Disclosure of information under this subsection shall be
312	pursuant to a written agreement between the executive director
313	and the agency. Such agencies, governmental or nongovernmental,
314	shall be bound by the same requirements of confidentiality as
315	the Department of Revenue. Breach of confidentiality is a
316	misdemeanor of the first degree, punishable as provided by s.
317	775.082 or s. 775.083.
318	(14)(a)  Notwithstanding any other provision of this
319	section, the department shall, subject to the safeguards
320	specified in paragraph (c), disclose to the Division of
321	Corporations of the Department of State the name, address,
322	federal employer identification number, and duration of tax
323	filings with this state of all corporate or partnership entities
324	which are not on file or have a dissolved status with the
325	Division of Corporations and which have filed tax returns
326	pursuant to either chapter 199 or chapter 220.
327	Section 11.  Section 213.054, Florida Statutes, is amended
328	to read:
329	213.054  Persons claiming tax exemptions or deductions;
330	annual report.--The Department of Revenue shall be responsible
331	for monitoring the utilization of tax exemptions and tax
332	deductions authorized pursuant to chapter 81-179, Laws of
333	Florida. On or before September 1 of each year, the department
334	shall report to the Chief Financial Officer the names and
335	addresses of all persons who have claimed an exemption pursuant
336	to s. 199.185(1)(i) or a deduction pursuant to s. 220.63(5).
337	Section 12.  Subsection (2) of section 213.13, Florida
338	Statutes, is amended to read:
339	213.13  Electronic remittance and distribution of funds
340	collected by clerks of the court.--
341	(2)  The funds to be remitted electronically by the clerks
342	include proceeds from the taxes imposed by chapter 199, chapter
343	201, and all other fees, fines, reimbursements, court costs, or
344	other court-related funds that the clerks must remit to the
345	state pursuant to law. At a minimum, these electronic remittance
346	procedures must include:
347	(a)  The prescribed reporting frequency and time period for
348	the clerks to remit such funds and the prescribed time period in
349	which the department must electronically deposit the funds
350	received to the appropriate state and local funds and accounts;
351	(b)  The electronic format and type of debit remittance
352	system to be used by the clerks to remit the funds to the
353	department;
354	(c)  The means of communication used to transmit the
355	required information; and
356	(d)  The information that must be submitted with such
357	remittance.
358	Section 13.  Section 213.27, Florida Statutes, is amended
359	to read:
360	213.27  Contracts with debt collection agencies and certain
361	vendors.--
362	(1)  The Department of Revenue may, for the purpose of
363	collecting any delinquent taxes due from a taxpayer, including
364	taxes for which a bill or notice has been generated, contract
365	with any debt collection agency or attorney doing business
366	within or without this state for the collection of such
367	delinquent taxes including penalties and interest thereon. The
368	department may also share confidential information pursuant to
369	the contract necessary for the collection of delinquent taxes
370	and taxes for which a billing or notice has been generated.
371	Contracts will be made pursuant to chapter 287. The taxpayer
372	must be notified by mail by the department, its employees, or
373	its authorized representative 30 days prior to commencing any
374	litigation to recover any delinquent taxes. The taxpayer must be
375	notified by mail by the department 30 days prior to the
376	department assigning the collection of any taxes to the debt
377	collection agency.
378	(2)  The department may enter into contracts with any
379	individual or business for the purpose of identifying intangible
380	personal property tax liability. Contracts may provide for the
381	identification of assets subject to the tax on intangible
382	personal property, the determination of value of such property,
383	the requirement for filing a tax return and the collection of
384	taxes due, including applicable penalties and interest thereon.
385	The department may share confidential information pursuant to
386	the contract necessary for the identification of taxable
387	intangible personal property. Contracts shall be made pursuant
388	to chapter 287. The taxpayer must be notified by mail by the
389	department 30 days prior to the department assigning
390	identification of intangible personal property to an individual
391	or business.
392	(2)(3)  Any contract may provide, in the discretion of the
393	executive director of the Department of Revenue, the manner in
394	which the compensation for such services will be paid. Under
395	standards established by the department, such compensation shall
396	be added to the amount of the tax and collected as a part
397	thereof by the agency or deducted from the amount of tax,
398	penalty, and interest actually collected.
399	(3)(4)  All funds collected under the terms of the
400	contract, less the fees provided in the contract, shall be
401	remitted to the department within 30 days from the date of
402	collection from a taxpayer. Forms to be used for such purpose
403	shall be prescribed by the department.
404	(4)(5)  The department shall require a bond from the debt
405	collection agency or the individual or business contracted with
406	under subsection (2) not in excess of $100,000 guaranteeing
407	compliance with the terms of the contract. However, a bond of
408	$10,000 is required from a debt collection agency if the agency
409	does not actually collect and remit delinquent funds to the
410	department.
411	(5)(6)  The department may, for the purpose of ascertaining
412	the amount of or collecting any taxes due from a person doing
413	mail order business in this state, contract with any auditing
414	agency doing business within or without this state for the
415	purpose of conducting an audit of such mail order business;
416	however, such audit agency may not conduct an audit on behalf of
417	the department of any person domiciled in this state, person
418	registered for sales and use tax purposes in this state, or
419	corporation filing a Florida corporate tax return, if any such
420	person or corporation objects to such audit in writing to the
421	department and the auditing agency. The department shall notify
422	the taxpayer by mail at least 30 days before the department
423	assigns the collection of such taxes.
424	(6)(7)  Confidential information shared by the department
425	with debt collection or auditing agencies or individuals or
426	businesses with which the department has contracted under
427	subsection (2) is exempt from the provisions of s. 119.07(1),
428	and debt collection or auditing agencies and individuals or
429	businesses with which the department has contracted under
430	subsection (2) shall be bound by the same requirements of
431	confidentiality as the Department of Revenue. Breach of
432	confidentiality is a misdemeanor of the first degree, punishable
433	as provided by ss. 775.082 and 775.083.
434	(7)(8)(a)  The executive director of the department may
435	enter into contracts with private vendors to develop and
436	implement systems to enhance tax collections where compensation
437	to the vendors is funded through increased tax collections. The
438	amount of compensation paid to a vendor shall be based on a
439	percentage of increased tax collections attributable to the
440	system after all administrative and judicial appeals are
441	exhausted, and the total amount of compensation paid to a vendor
442	shall not exceed the maximum amount stated in the contract.
443	(b)  A person acting on behalf of the department under a
444	contract authorized by this subsection does not exercise any of
445	the powers of the department, except that the person is an agent
446	of the department for the purposes of developing and
447	implementing a system to enhance tax collection.
448	(c)  Disclosure of information under this subsection shall
449	be pursuant to a written agreement between the executive
450	director and the private vendors. The vendors shall be bound by
451	the same requirements of confidentiality as the department.
452	Breach of confidentiality is a misdemeanor of the first degree,
453	punishable as provided in s. 775.082 or s. 775.083.
454	Section 14.  Section 213.31, Florida Statutes, is amended
455	to read:
456	213.31  Corporation Tax Administration Trust Fund.--There
457	is hereby created in the State Treasury the Corporation Tax
458	Administration Trust Fund. Moneys in the fund are hereby
459	appropriated to the Department of Revenue for the administration
460	of taxes levied upon corporations, including, but not limited
461	to, those imposed under chapter 199, chapter 220, or chapter
462	221.
463	Section 15.  Paragraph (c) of subsection (6) of section
464	215.555, Florida Statutes, is amended to read:
465	215.555  Florida Hurricane Catastrophe Fund.--
466	(6)  REVENUE BONDS.--
467	(c)  Florida Hurricane Catastrophe Fund Finance
468	Corporation.--
469	1.  In addition to the findings and declarations in
470	subsection (1), the Legislature also finds and declares that:
471	a.  The public benefits corporation created under this
472	paragraph will provide a mechanism necessary for the cost-
473	effective and efficient issuance of bonds. This mechanism will
474	eliminate unnecessary costs in the bond issuance process,
475	thereby increasing the amounts available to pay reimbursement
476	for losses to property sustained as a result of hurricane
477	damage.
478	b.  The purpose of such bonds is to fund reimbursements
479	through the Florida Hurricane Catastrophe Fund to pay for the
480	costs of construction, reconstruction, repair, restoration, and
481	other costs associated with damage to properties of
482	policyholders of covered policies due to the occurrence of a
483	hurricane.
484	c.  The efficacy of the financing mechanism will be
485	enhanced by the corporation's ownership of the assessments, by
486	the insulation of the assessments from possible bankruptcy
487	proceedings, and by covenants of the state with the
488	corporation's bondholders.
489	2.a.  There is created a public benefits corporation, which
490	is an instrumentality of the state, to be known as the Florida
491	Hurricane Catastrophe Fund Finance Corporation.
492	b.  The corporation shall operate under a five-member board
493	of directors consisting of the Governor or a designee, the Chief
494	Financial Officer or a designee, the Attorney General or a
495	designee, the director of the Division of Bond Finance of the
496	State Board of Administration, and the senior employee of the
497	State Board of Administration responsible for operations of the
498	Florida Hurricane Catastrophe Fund.
499	c.  The corporation has all of the powers of corporations
500	under chapter 607 and under chapter 617, subject only to the
501	provisions of this subsection.
502	d.  The corporation may issue bonds and engage in such
503	other financial transactions as are necessary to provide
504	sufficient funds to achieve the purposes of this section.
505	e.  The corporation may invest in any of the investments
506	authorized under s. 215.47.
507	f.  There shall be no liability on the part of, and no
508	cause of action shall arise against, any board members or
509	employees of the corporation for any actions taken by them in
510	the performance of their duties under this paragraph.
511	3.a.  In actions under chapter 75 to validate any bonds
512	issued by the corporation, the notice required by s. 75.06 shall
513	be published only in Leon County and in two newspapers of
514	general circulation in the state, and the complaint and order of
515	the court shall be served only on the State Attorney of the
516	Second Judicial Circuit.
517	b.  The state hereby covenants with holders of bonds of the
518	corporation that the state will not repeal or abrogate the power
519	of the board to direct the Office of Insurance Regulation to
520	levy the assessments and to collect the proceeds of the revenues
521	pledged to the payment of such bonds as long as any such bonds
522	remain outstanding unless adequate provision has been made for
523	the payment of such bonds pursuant to the documents authorizing
524	the issuance of such bonds.
525	4.  The bonds of the corporation are not a debt of the
526	state or of any political subdivision, and neither the state nor
527	any political subdivision is liable on such bonds. The
528	corporation does not have the power to pledge the credit, the
529	revenues, or the taxing power of the state or of any political
530	subdivision. The credit, revenues, or taxing power of the state
531	or of any political subdivision shall not be deemed to be
532	pledged to the payment of any bonds of the corporation.
533	5.a.  The property, revenues, and other assets of the
534	corporation; the transactions and operations of the corporation
535	and the income from such transactions and operations; and all
536	bonds issued under this paragraph and interest on such bonds are
537	exempt from taxation by the state and any political subdivision,
538	including the intangibles tax under chapter 199 and the income
539	tax under chapter 220. This exemption does not apply to any tax
540	imposed by chapter 220 on interest, income, or profits on debt
541	obligations owned by corporations other than the Florida
542	Hurricane Catastrophe Fund Finance Corporation.
543	b.  All bonds of the corporation shall be and constitute
544	legal investments without limitation for all public bodies of
545	this state; for all banks, trust companies, savings banks,
546	savings associations, savings and loan associations, and
547	investment companies; for all administrators, executors,
548	trustees, and other fiduciaries; for all insurance companies and
549	associations and other persons carrying on an insurance
550	business; and for all other persons who are now or may hereafter
551	be authorized to invest in bonds or other obligations of the
552	state and shall be and constitute eligible securities to be
553	deposited as collateral for the security of any state, county,
554	municipal, or other public funds. This sub-subparagraph shall be
555	considered as additional and supplemental authority and shall
556	not be limited without specific reference to this sub-
557	subparagraph.
558	6.  The corporation and its corporate existence shall
559	continue until terminated by law; however, no such law shall
560	take effect as long as the corporation has bonds outstanding
561	unless adequate provision has been made for the payment of such
562	bonds pursuant to the documents authorizing the issuance of such
563	bonds. Upon termination of the existence of the corporation, all
564	of its rights and properties in excess of its obligations shall
565	pass to and be vested in the state.
566	Section 16.  Subsection (1) and paragraph (b) of subsection
567	(3) of section 220.1845, Florida Statutes, are amended to read:
568	220.1845  Contaminated site rehabilitation tax credit.--
569	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
570	(a)  A credit in the amount of 35 percent of the costs of
571	voluntary cleanup activity that is integral to site
572	rehabilitation at the following sites is available against any
573	tax due for a taxable year under this chapter:
574	1.  A drycleaning-solvent-contaminated site eligible for
575	state-funded site rehabilitation under s. 376.3078(3);
576	2.  A drycleaning-solvent-contaminated site at which
577	cleanup is undertaken by the real property owner pursuant to s.
578	376.3078(11), if the real property owner is not also, and has
579	never been, the owner or operator of the drycleaning facility
580	where the contamination exists; or
581	3.  A brownfield site in a designated brownfield area under
582	s. 376.80.
583	(b)  A tax credit applicant, or multiple tax credit
584	applicants working jointly to clean up a single site, may not be
585	granted more than $250,000 per year in tax credits for each site
586	voluntarily rehabilitated. Multiple tax credit applicants shall
587	be granted tax credits in the same proportion as their
588	contribution to payment of cleanup costs. Subject to the same
589	conditions and limitations as provided in this section, a
590	municipality, county, or other tax credit applicant which
591	voluntarily rehabilitates a site may receive not more than
592	$250,000 per year in tax credits which it can subsequently
593	transfer subject to the provisions in paragraph (g)(h).
594	(c)  If the credit granted under this section is not fully
595	used in any one year because of insufficient tax liability on
596	the part of the corporation, the unused amount may be carried
597	forward for a period not to exceed 5 years. The carryover credit
598	may be used in a subsequent year when the tax imposed by this
599	chapter for that year exceeds the credit for which the
600	corporation is eligible in that year under this section after
601	applying the other credits and unused carryovers in the order
602	provided by s. 220.02(8). Five years after the date a credit is
603	granted under this section, such credit expires and may not be
604	used. However, if during the 5-year period the credit is
605	transferred, in whole or in part, pursuant to paragraph (g)(h),
606	each transferee has 5 years after the date of transfer to use
607	its credit.
608	(d)  A taxpayer that files a consolidated return in this
609	state as a member of an affiliated group under s. 220.131(1) may
610	be allowed the credit on a consolidated return basis up to the
611	amount of tax imposed upon the consolidated group.
612	(e)  A taxpayer that receives credit under s. 199.1055 is
613	ineligible to receive credit under this section in a given tax
614	year.
615	(e)(f)  A tax credit applicant that receives state-funded
616	site rehabilitation under s. 376.3078(3) for rehabilitation of a
617	drycleaning-solvent-contaminated site is ineligible to receive
618	credit under this section for costs incurred by the tax credit
619	applicant in conjunction with the rehabilitation of that site
620	during the same time period that state-administered site
621	rehabilitation was underway.
622	(f)(g)  The total amount of the tax credits which may be
623	granted under this section and s. 199.1055 is $2 million
624	annually.
625	(g)(h)1.  Tax credits that may be available under this
626	section to an entity eligible under s. 376.30781 may be
627	transferred after a merger or acquisition to the surviving or
628	acquiring entity and used in the same manner and with the same
629	limitations.
630	2.  The entity or its surviving or acquiring entity as
631	described in subparagraph 1., may transfer any unused credit in
632	whole or in units of no less than 25 percent of the remaining
633	credit. The entity acquiring such credit may use it in the same
634	manner and with the same limitation as described in this
635	section. Such transferred credits may not be transferred again
636	although they may succeed to a surviving or acquiring entity
637	subject to the same conditions and limitations as described in
638	this section.
639	3.  In the event the credit provided for under this section
640	is reduced either as a result of a determination by the
641	Department of Environmental Protection or an examination or
642	audit by the Department of Revenue, such tax deficiency shall be
643	recovered from the first entity, or the surviving or acquiring
644	entity, to have claimed such credit up to the amount of credit
645	taken. Any subsequent deficiencies shall be assessed against any
646	entity acquiring and claiming such credit, or in the case of
647	multiple succeeding entities in the order of credit succession.
648	(h)(i)  In order to encourage completion of site
649	rehabilitation at contaminated sites being voluntarily cleaned
650	up and eligible for a tax credit under this section, the tax
651	credit applicant may claim an additional 10 percent of the total
652	cleanup costs, not to exceed $50,000, in the final year of
653	cleanup as evidenced by the Department of Environmental
654	Protection issuing a "No Further Action" order for that site.
655	(3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
656	FORFEITURE.--
657	(b)  In addition to its existing audit and investigation
658	authority relating to chapter 199 and this chapter, the
659	Department of Revenue may perform any additional financial and
660	technical audits and investigations, including examining the
661	accounts, books, or records of the tax credit applicant, which
662	are necessary to verify the site rehabilitation costs included
663	in a tax credit return and to ensure compliance with this
664	section. The Department of Environmental Protection shall
665	provide technical assistance, when requested by the Department
666	of Revenue, on any technical audits performed pursuant to this
667	section.
668	Section 17.  Paragraph (b) of subsection (2) of section
669	288.039, Florida Statutes, is amended to read:
670	288.039  Employing and Training our Youths (ENTRY).--
671	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
672	(b)  After entering into an employment/tax refund agreement
673	under subsection (3), an eligible business may receive refunds
674	for the following taxes or fees due and paid by that business:
675	1.  Taxes on sales, use, and other transactions under
676	chapter 212.
677	2.  Corporate income taxes under chapter 220.
678	3.  Intangible personal property taxes under chapter 199.
679	3.4.  Emergency excise taxes under chapter 221.
680	4.5.  Excise taxes on documents under chapter 201.
681	5.6.  Ad valorem taxes paid, as defined in s. 220.03(1).
682	6.7.  Insurance premium taxes under s. 624.509.
683	7.8.  Occupational license fees under chapter 205.
684
685	However, an eligible business may not receive a refund under
686	this section for any amount of credit, refund, or exemption
687	granted to that business for any of such taxes or fees. If a
688	refund for such taxes or fees is provided by the office, which
689	taxes or fees are subsequently adjusted by the application of
690	any credit, refund, or exemption granted to the eligible
691	business other than as provided in this section, the business
692	shall reimburse the office for the amount of that credit,
693	refund, or exemption. An eligible business shall notify and
694	tender payment to the office within 20 days after receiving any
695	credit, refund, or exemption other than the one provided in this
696	section.
697	Section 18.  Paragraph (f) of subsection (2) and paragraphs
698	(b), (c), and (d) of subsection (3) of section 288.1045, Florida
699	Statutes, are amended to read:
700	288.1045  Qualified defense contractor tax refund
701	program.--
702	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
703	(f)  After entering into a tax refund agreement pursuant to
704	subsection (4), a qualified applicant may receive refunds from
705	the Economic Development Trust Fund for the following taxes due
706	and paid by the qualified applicant beginning with the
707	applicant's first taxable year that begins after entering into
708	the agreement:
709	1.  Taxes on sales, use, and other transactions paid
710	pursuant to chapter 212.
711	2.  Corporate income taxes paid pursuant to chapter 220.
712	3.  Intangible personal property taxes paid pursuant to
713	chapter 199.
714	3.4.  Emergency excise taxes paid pursuant to chapter 221.
715	4.5.  Excise taxes paid on documents pursuant to chapter
716	201.
717	5.6.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
718	on June 1, 1996.
719
720	However, a qualified applicant may not receive a tax refund
721	pursuant to this section for any amount of credit, refund, or
722	exemption granted such contractor for any of such taxes. If a
723	refund for such taxes is provided by the office, which taxes are
724	subsequently adjusted by the application of any credit, refund,
725	or exemption granted to the qualified applicant other than that
726	provided in this section, the qualified applicant shall
727	reimburse the Economic Development Trust Fund for the amount of
728	such credit, refund, or exemption. A qualified applicant must
729	notify and tender payment to the office within 20 days after
730	receiving a credit, refund, or exemption, other than that
731	provided in this section.
732	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
733	DETERMINATION.--
734	(b)  Applications for certification based on the
735	consolidation of a Department of Defense contract or a new
736	Department of Defense contract must be submitted to the office
737	as prescribed by the office and must include, but are not
738	limited to, the following information:
739	1.  The applicant's federal employer identification number,
740	the applicant's Florida sales tax registration number, and a
741	notarized signature of an officer of the applicant.
742	2.  The permanent location of the manufacturing,
743	assembling, fabricating, research, development, or design
744	facility in this state at which the project is or is to be
745	located.
746	3.  The Department of Defense contract numbers of the
747	contract to be consolidated, the new Department of Defense
748	contract number, or the "RFP" number of a proposed Department of
749	Defense contract.
750	4.  The date the contract was executed or is expected to be
751	executed, and the date the contract is due to expire or is
752	expected to expire.
753	5.  The commencement date for project operations under the
754	contract in this state.
755	6.  The number of net new full-time equivalent Florida jobs
756	included in the project as of December 31 of each year and the
757	average wage of such jobs.
758	7.  The total number of full-time equivalent employees
759	employed by the applicant in this state.
760	8.  The percentage of the applicant's gross receipts
761	derived from Department of Defense contracts during the 5
762	taxable years immediately preceding the date the application is
763	submitted.
764	9.  The amount of:
765	a.  Taxes on sales, use, and other transactions paid
766	pursuant to chapter 212;
767	b.  Corporate income taxes paid pursuant to chapter 220;
768	c.  Intangible personal property taxes paid pursuant to
769	chapter 199;
770	c.d.  Emergency excise taxes paid pursuant to chapter 221;
771	d.e.  Excise taxes paid on documents pursuant to chapter
772	201; and
773	e.f.  Ad valorem taxes paid
774
775	during the 5 fiscal years immediately preceding the date of the
776	application, and the projected amounts of such taxes to be due
777	in the 3 fiscal years immediately following the date of the
778	application.
779	10.  The estimated amount of tax refunds to be claimed for
780	each fiscal year.
781	11.  A brief statement concerning the applicant's need for
782	tax refunds, and the proposed uses of such refunds by the
783	applicant.
784	12.  A resolution adopted by the county commissioners of
785	the county in which the project will be located, which
786	recommends the applicant be approved as a qualified applicant,
787	and which indicates that the necessary commitments of local
788	financial support for the applicant exist. Prior to the adoption
789	of the resolution, the county commission may review the proposed
790	public or private sources of such support and determine whether
791	the proposed sources of local financial support can be provided
792	or, for any applicant whose project is located in a county
793	designated by the Rural Economic Development Initiative, a
794	resolution adopted by the county commissioners of such county
795	requesting that the applicant's project be exempt from the local
796	financial support requirement.
797	13.  Any additional information requested by the office.
798	(c)  Applications for certification based on the conversion
799	of defense production jobs to nondefense production jobs must be
800	submitted to the office as prescribed by the office and must
801	include, but are not limited to, the following information:
802	1.  The applicant's federal employer identification number,
803	the applicant's Florida sales tax registration number, and a
804	notarized signature of an officer of the applicant.
805	2.  The permanent location of the manufacturing,
806	assembling, fabricating, research, development, or design
807	facility in this state at which the project is or is to be
808	located.
809	3.  The Department of Defense contract numbers of the
810	contract under which the defense production jobs will be
811	converted to nondefense production jobs.
812	4.  The date the contract was executed, and the date the
813	contract is due to expire or is expected to expire, or was
814	canceled.
815	5.  The commencement date for the nondefense production
816	operations in this state.
817	6.  The number of net new full-time equivalent Florida jobs
818	included in the nondefense production project as of December 31
819	of each year and the average wage of such jobs.
820	7.  The total number of full-time equivalent employees
821	employed by the applicant in this state.
822	8.  The percentage of the applicant's gross receipts
823	derived from Department of Defense contracts during the 5
824	taxable years immediately preceding the date the application is
825	submitted.
826	9.  The amount of:
827	a.  Taxes on sales, use, and other transactions paid
828	pursuant to chapter 212;
829	b.  Corporate income taxes paid pursuant to chapter 220;
830	c.  Intangible personal property taxes paid pursuant to
831	chapter 199;
832	c.d.  Emergency excise taxes paid pursuant to chapter 221;
833	d.e.  Excise taxes paid on documents pursuant to chapter
834	201; and
835	e.f.  Ad valorem taxes paid
836
837	during the 5 fiscal years immediately preceding the date of the
838	application, and the projected amounts of such taxes to be due
839	in the 3 fiscal years immediately following the date of the
840	application.
841	10.  The estimated amount of tax refunds to be claimed for
842	each fiscal year.
843	11.  A brief statement concerning the applicant's need for
844	tax refunds, and the proposed uses of such refunds by the
845	applicant.
846	12.  A resolution adopted by the county commissioners of
847	the county in which the project will be located, which
848	recommends the applicant be approved as a qualified applicant,
849	and which indicates that the necessary commitments of local
850	financial support for the applicant exist. Prior to the adoption
851	of the resolution, the county commission may review the proposed
852	public or private sources of such support and determine whether
853	the proposed sources of local financial support can be provided
854	or, for any applicant whose project is located in a county
855	designated by the Rural Economic Development Initiative, a
856	resolution adopted by the county commissioners of such county
857	requesting that the applicant's project be exempt from the local
858	financial support requirement.
859	13.  Any additional information requested by the office.
860	(d)  Applications for certification based on a contract for
861	reuse of a defense-related facility must be submitted to the
862	office as prescribed by the office and must include, but are not
863	limited to, the following information:
864	1.  The applicant's Florida sales tax registration number
865	and a notarized signature of an officer of the applicant.
866	2.  The permanent location of the manufacturing,
867	assembling, fabricating, research, development, or design
868	facility in this state at which the project is or is to be
869	located.
870	3.  The business entity holding a valid Department of
871	Defense contract or branch of the Armed Forces of the United
872	States that previously occupied the facility, and the date such
873	entity last occupied the facility.
874	4.  A copy of the contract to reuse the facility, or such
875	alternative proof as may be prescribed by the office that the
876	applicant is seeking to contract for the reuse of such facility.
877	5.  The date the contract to reuse the facility was
878	executed or is expected to be executed, and the date the
879	contract is due to expire or is expected to expire.
880	6.  The commencement date for project operations under the
881	contract in this state.
882	7.  The number of net new full-time equivalent Florida jobs
883	included in the project as of December 31 of each year and the
884	average wage of such jobs.
885	8.  The total number of full-time equivalent employees
886	employed by the applicant in this state.
887	9.  The amount of:
888	a.  Taxes on sales, use, and other transactions paid
889	pursuant to chapter 212.
890	b.  Corporate income taxes paid pursuant to chapter 220.
891	c.  Intangible personal property taxes paid pursuant to
892	chapter 199.
893	c.d.  Emergency excise taxes paid pursuant to chapter 221.
894	d.e.  Excise taxes paid on documents pursuant to chapter
895	201.
896	e.f.  Ad valorem taxes paid during the 5 fiscal years
897	immediately preceding the date of the application, and the
898	projected amounts of such taxes to be due in the 3 fiscal years
899	immediately following the date of the application.
900	10.  The estimated amount of tax refunds to be claimed for
901	each fiscal year.
902	11.  A brief statement concerning the applicant's need for
903	tax refunds, and the proposed uses of such refunds by the
904	applicant.
905	12.  A resolution adopted by the county commissioners of
906	the county in which the project will be located, which
907	recommends the applicant be approved as a qualified applicant,
908	and which indicates that the necessary commitments of local
909	financial support for the applicant exist. Prior to the adoption
910	of the resolution, the county commission may review the proposed
911	public or private sources of such support and determine whether
912	the proposed sources of local financial support can be provided
913	or, for any applicant whose project is located in a county
914	designated by the Rural Economic Development Initiative, a
915	resolution adopted by the county commissioners of such county
916	requesting that the applicant's project be exempt from the local
917	financial support requirement.
918	13.  Any additional information requested by the office.
919	Section 19.  Paragraph (c) of subsection (2) of section
920	288.106, Florida Statutes, is amended to read:
921	288.106  Tax refund program for qualified target industry
922	businesses.--
923	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
924	(c)  After entering into a tax refund agreement under
925	subsection (4), a qualified target industry business may:
926	1.  Receive refunds from the account for the following
927	taxes due and paid by that business beginning with the first
928	taxable year of the business which begins after entering into
929	the agreement:
930	a.  Corporate income taxes under chapter 220.
931	b.  Insurance premium tax under s. 624.509.
932	2.  Receive refunds from the account for the following
933	taxes due and paid by that business after entering into the
934	agreement:
935	a.  Taxes on sales, use, and other transactions under
936	chapter 212.
937	b.  Intangible personal property taxes under chapter 199.
938	b.c.  Emergency excise taxes under chapter 221.
939	c.d.  Excise taxes on documents under chapter 201.
940	d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
941	Section 20.  Paragraph (a) of subsection (2) and
942	subsections (3) and (12) of section 376.30781, Florida Statutes,
943	are amended to read:
944	376.30781  Partial tax credits for rehabilitation of
945	drycleaning-solvent-contaminated sites and brownfield sites in
946	designated brownfield areas; application process; rulemaking
947	authority; revocation authority.--
948	(2)(a)  A credit in the amount of 35 percent of the costs
949	of voluntary cleanup activity that is integral to site
950	rehabilitation at the following sites is allowed pursuant to s.
951	ss. 199.1055 and 220.1845:
952	1.  A drycleaning-solvent-contaminated site eligible for
953	state-funded site rehabilitation under s. 376.3078(3);
954	2.  A drycleaning-solvent-contaminated site at which
955	cleanup is undertaken by the real property owner pursuant to s.
956	376.3078(11), if the real property owner is not also, and has
957	never been, the owner or operator of the drycleaning facility
958	where the contamination exists; or
959	3.  A brownfield site in a designated brownfield area under
960	s. 376.80.
961	(3)  The Department of Environmental Protection shall be
962	responsible for allocating the tax credits provided for in s.
963	ss. 199.1055 and 220.1845, not to exceed a total of $2 million
964	in tax credits annually.
965	(12)  A tax credit applicant who receives state-funded site
966	rehabilitation under s. 376.3078(3) for rehabilitation of a
967	drycleaning-solvent-contaminated site is ineligible to receive a
968	tax credit under s. 199.1055 or s. 220.1845 for costs incurred
969	by the tax credit applicant in conjunction with the
970	rehabilitation of that site during the same time period that
971	state-administered site rehabilitation was underway.
972	Section 21.  Subsection (13) of section 493.6102, Florida
973	Statutes, is amended to read:
974	493.6102  Inapplicability of this chapter.--This chapter
975	shall not apply to:
976	(13)  Any individual employed as a security officer by a
977	church or ecclesiastical or denominational organization having
978	an established physical place of worship in this state at which
979	nonprofit religious services and activities are regularly
980	conducted or by a church cemetery religious institution as
981	defined in s. 199.183(2)(a) to provide security on the
982	institution property of the organization or cemetery, and who
983	does not carry a firearm in the course of her or his duties.
984	Section 22.  Paragraph (a) of subsection (3) of section
985	516.031, Florida Statutes, is amended to read:
986	516.031  Finance charge; maximum rates.--
987	(3)  OTHER CHARGES.--
988	(a)  In addition to the interest, delinquency, and
989	insurance charges herein provided for, no further or other
990	charges or amount whatsoever for any examination, service,
991	commission, or other thing or otherwise shall be directly or
992	indirectly charged, contracted for, or received as a condition
993	to the grant of a loan, except:
994	1.  An amount not to exceed $10 to reimburse a portion of
995	the costs for investigating the character and credit of the
996	person applying for the loan;
997	2.  An annual fee of $25 on the anniversary date of each
998	line-of-credit account;
999	3.  Charges paid for brokerage fee on a loan or line of
1000	credit of more than $10,000, title insurance, and the appraisal
1001	of real property offered as security when paid to a third party
1002	and supported by an actual expenditure;
1003	4.  Intangible personal property tax on the loan note or
1004	obligation when secured by a lien on real property;
1005	4.5.  The documentary excise tax and lawful fees, if any,
1006	actually and necessarily paid out by the licensee to any public
1007	officer for filing, recording, or releasing in any public office
1008	any instrument securing the loan, which fees may be collected
1009	when the loan is made or at any time thereafter;
1010	5.6.  The premium payable for any insurance in lieu of
1011	perfecting any security interest otherwise required by the
1012	licensee in connection with the loan, if the premium does not
1013	exceed the fees which would otherwise be payable, which premium
1014	may be collected when the loan is made or at any time
1015	thereafter;
1016	6.7.  Actual and reasonable attorney's fees and court costs
1017	as determined by the court in which suit is filed;
1018	7.8.  Actual and commercially reasonable expenses of
1019	repossession, storing, repairing and placing in condition for
1020	sale, and selling of any property pledged as security; or
1021	8.9.  A delinquency charge not to exceed $10 for each
1022	payment in default for a period of not less than 10 days, if the
1023	charge is agreed upon, in writing, between the parties before
1024	imposing the charge.
1025
1026	Any charges, including interest, in excess of the combined total
1027	of all charges authorized and permitted by this chapter
1028	constitute a violation of chapter 687 governing interest and
1029	usury, and the penalties of that chapter apply. In the event of
1030	a bona fide error, the licensee shall refund or credit the
1031	borrower with the amount of the overcharge immediately but
1032	within 20 days from the discovery of such error.
1033	Section 23.  Paragraph (m) of subsection (5) of section
1034	627.311, Florida Statutes, is amended to read:
1035	627.311  Joint underwriters and joint reinsurers; public
1036	records and public meetings exemptions.--
1037	(5)
1038	(m)  Each joint underwriting plan or association created
1039	under this section is not a state agency, board, or commission.
1040	However, for the purposes of s. 199.183(1) only, the joint
1041	underwriting plan is a political subdivision of the state and is
1042	exempt from the corporate income tax.
1043	Section 24.  Paragraph (j) of subsection (6) of section
1044	627.351, Florida Statutes, is amended to read:
1045	627.351  Insurance risk apportionment plans.--
1046	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
1047	(j)  For the purposes of s. 199.183(1), The corporation
1048	shall be considered a political subdivision of the state and
1049	shall be exempt from the corporate income tax. The premiums,
1050	assessments, investment income, and other revenue of the
1051	corporation are funds received for providing property insurance
1052	coverage as required by this subsection, paying claims for
1053	Florida citizens insured by the corporation, securing and
1054	repaying debt obligations issued by the corporation, and
1055	conducting all other activities of the corporation, and shall
1056	not be considered taxes, fees, licenses, or charges for services
1057	imposed by the Legislature on individuals, businesses, or
1058	agencies outside state government. Bonds and other debt
1059	obligations issued by or on behalf of the corporation are not to
1060	be considered "state bonds" within the meaning of s. 215.58(8).
1061	The corporation is not subject to the procurement provisions of
1062	chapter 287, and policies and decisions of the corporation
1063	relating to incurring debt, levying of assessments and the sale,
1064	issuance, continuation, terms and claims under corporation
1065	policies, and all services relating thereto, are not subject to
1066	the provisions of chapter 120. The corporation is not required
1067	to obtain or to hold a certificate of authority issued by the
1068	office, nor is it required to participate as a member insurer of
1069	the Florida Insurance Guaranty Association. However, the
1070	corporation is required to pay, in the same manner as an
1071	authorized insurer, assessments pledged by the Florida Insurance
1072	Guaranty Association to secure bonds issued or other
1073	indebtedness incurred to pay covered claims arising from insurer
1074	insolvencies caused by, or proximately related to, hurricane
1075	losses. It is the intent of the Legislature that the tax
1076	exemptions provided in this paragraph will augment the financial
1077	resources of the corporation to better enable the corporation to
1078	fulfill its public purposes. Any bonds issued by the
1079	corporation, their transfer, and the income therefrom, including
1080	any profit made on the sale thereof, shall at all times be free
1081	from taxation of every kind by the state and any political
1082	subdivision or local unit or other instrumentality thereof;
1083	however, this exemption does not apply to any tax imposed by
1084	chapter 220 on interest, income, or profits on debt obligations
1085	owned by corporations other than the corporation.
1086	Section 25.  Paragraph (b) of subsection (6) of section
1087	650.05, Florida Statutes, is amended to read:
1088	650.05  Plans for coverage of employees of political
1089	subdivisions.--
1090	(6)
1091	(b)  The grants-in-aid and other revenue referred to in
1092	paragraph (a) specifically include, but are not limited to,
1093	minimum foundation program grants to public school districts and
1094	community colleges; gasoline, motor fuel, intangible, cigarette,
1095	racing, and insurance premium taxes distributed to political
1096	subdivisions; and amounts specifically appropriated as grants-
1097	in-aid for mental health, mental retardation, and mosquito
1098	control programs.
1099	Section 26.  Subsection (1) of section 655.071, Florida
1100	Statutes, is amended to read:
1101	655.071  International banking facilities; definitions;
1102	notice before establishment.--
1103	(1)  "International banking facility" means a set of asset
1104	and liability accounts segregated on the books and records of a
1105	banking organization, as that term is defined in s. 201.23
1106	199.023, that includes only international banking facility
1107	deposits, borrowings, and extensions of credit, as those terms
1108	shall be defined by the commission pursuant to subsection (2).
1109	Section 27.  Paragraph (a) of subsection (1) of section
1110	766.105, Florida Statutes, is amended to read:
1111	766.105  Florida Patient's Compensation Fund.--
1112	(1)  DEFINITIONS.--The following definitions apply in the
1113	interpretation and enforcement of this section:
1114	(a)  The term "fund" means the Florida Patient's
1115	Compensation Fund. The fund is not a state agency, board, or
1116	commission. However, for the purposes of s. 199.183(1) only, the
1117	fund shall be considered a political subdivision of this state.
1118	Section 28.  Paragraph (a) of subsection (4) of section
1119	192.0105, Florida Statutes, is amended to read:
1120	192.0105  Taxpayer rights.--There is created a Florida
1121	Taxpayer's Bill of Rights for property taxes and assessments to
1122	guarantee that the rights, privacy, and property of the
1123	taxpayers of this state are adequately safeguarded and protected
1124	during tax levy, assessment, collection, and enforcement
1125	processes administered under the revenue laws of this state. The
1126	Taxpayer's Bill of Rights compiles, in one document, brief but
1127	comprehensive statements that summarize the rights and
1128	obligations of the property appraisers, tax collectors, clerks
1129	of the court, local governing boards, the Department of Revenue,
1130	and taxpayers. Additional rights afforded to payors of taxes and
1131	assessments imposed under the revenue laws of this state are
1132	provided in s. 213.015. The rights afforded taxpayers to assure
1133	that their privacy and property are safeguarded and protected
1134	during tax levy, assessment, and collection are available only
1135	insofar as they are implemented in other parts of the Florida
1136	Statutes or rules of the Department of Revenue. The rights so
1137	guaranteed to state taxpayers in the Florida Statutes and the
1138	departmental rules include:
1139	(4)  THE RIGHT TO CONFIDENTIALITY.--
1140	(a)  The right to have information kept confidential,
1141	including federal tax information, ad valorem tax returns,
1142	social security numbers, all financial records produced by the
1143	taxpayer, Form DR-219 returns for documentary stamp tax
1144	information, and sworn statements of gross income, copies of
1145	federal income tax returns for the prior year, wage and earnings
1146	statements (W-2 forms), and other documents (see ss. 192.105,
1147	193.074, 193.114(5)(6), 195.027(3) and (6), and 196.101(4)(c)).
1148	Section 29.  Subsection (5) of section 192.032, Florida
1149	Statutes, is repealed:
1150	192.032  Situs of property for assessment purposes.--All
1151	property shall be assessed according to its situs as follows:
1152	(5)  Intangible personal property, according to the rules
1153	laid down in chapter 199.
1154	Section 30.  Subsection (3) of section 192.042, Florida
1155	Statutes, is repealed:
1156	192.042  Date of assessment.--All property shall be
1157	assessed according to its just value as follows:
1158	(3)  Intangible personal property, according to the rules
1159	laid down in chapter 199.
1160	Section 31.  Subsection (4) of section 193.114, Florida
1161	Statutes, is repealed:
1162	193.114  Preparation of assessment rolls.--
1163	(4)  The department shall promulgate regulations and forms
1164	for the preparation of the intangible personal property roll to
1165	comply with chapter 199.
1166	Section 32.  Subsection (9) of section 196.015, Florida
1167	Statutes, is repealed:
1168	196.015  Permanent residency; factual determination by
1169	property appraiser.--Intention to establish a permanent
1170	residence in this state is a factual determination to be made,
1171	in the first instance, by the property appraiser. Although any
1172	one factor is not conclusive of the establishment or
1173	nonestablishment of permanent residence, the following are
1174	relevant factors that may be considered by the property
1175	appraiser in making his or her determination as to the intent of
1176	a person claiming a homestead exemption to establish a permanent
1177	residence in this state:
1178	(9)  The previous filing of Florida intangible tax returns
1179	by the applicant.
1180	Section 33.  Subsection (1) of section 607.1622, Florida
1181	Statutes, is amended to read:
1182	607.1622  Annual report for Department of State.--
1183	(1)  Each domestic corporation and each foreign corporation
1184	authorized to transact business in this state shall deliver to
1185	the Department of State for filing a sworn annual report on such
1186	forms as the Department of State prescribes that sets forth:
1187	(a)  The name of the corporation and the state or country
1188	under the law of which it is incorporated.;
1189	(b)  The date of incorporation or, if a foreign
1190	corporation, the date on which it was admitted to do business in
1191	this state.;
1192	(c)  The address of its principal office and the mailing
1193	address of the corporation.;
1194	(d)  The corporation's federal employer identification
1195	number, if any, or, if none, whether one has been applied for.;
1196	(e)  The names and business street addresses of its
1197	directors and principal officers.;
1198	(f)  The street address of its registered office and the
1199	name of its registered agent at that office in this state.;
1200	(g)  Language permitting a voluntary contribution of $5 per
1201	taxpayer, which contribution shall be transferred into the
1202	Election Campaign Financing Trust Fund. A statement providing an
1203	explanation of the purpose of the trust fund shall also be
1204	included; and
1205	(g)(h)  Such additional information as may be necessary or
1206	appropriate to enable the Department of State to carry out the
1207	provisions of this act.
1208	Section 34.  Subsection (5) of section 733.702, Florida
1209	Statutes, is repealed:
1210	733.702  Limitations on presentation of claims.--
1211	(5)  The Department of Revenue may file a claim against the
1212	estate of a decedent for taxes due under chapter 199 after the
1213	expiration of the time for filing claims provided in subsection
1214	(1), if the department files its claim within 30 days after the
1215	service of the inventory. Upon filing of the estate tax return
1216	with the department as provided in s. 198.13, or to the extent
1217	the inventory or estate tax return is amended or supplemented,
1218	the department has the right to file a claim or to amend its
1219	previously filed claim within 30 days after service of the
1220	estate tax return, or an amended or supplemented inventory or
1221	filing of an amended or supplemental estate tax return, as to
1222	the additional information disclosed.
1223	Section 35.  This act shall take effect upon becoming a
1224	law.

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