HB 0225 2004
1	A bill to be entitled
2	An act relating to the Department of Citrus; amending s.
3	601.155, F.S.; requiring the department to develop a
4	process for persons liable for the equalizing excise tax
5	to elect to not pay a portion of the tax; providing for
6	the dismissal of certain claims; providing an effective
7	date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Present subsections (10) and (11) of section
12	601.155, Florida Statutes, are renumbered as subsections (11)
13	and (12), respectively, and a new subsection (10) is added to
14	said section, to read:
15	601.155 Equalizing excise tax; credit; exemption.--
16	(10) Notwithstanding any other provision of law, the
17	Department of Citrus shall develop a process by which any person
18	liable for the excise tax imposed under this section may
19	annually object to payment of the tax. Any such objection must
20	be allowed without discretion as to the validity thereof and
21	that person shall be granted the immediate right to elect not to
22	pay two-thirds of the applicable tax rate. Upon any necessary
23	legislative appropriation of moneys due under the settlement
24	agreement of Consolidated Case No. 2002-CA-4686 in the Circuit
25	Court of the Tenth Judicial Circuit in Polk County, the
26	plaintiffs shall agree to the dismissal of their claim under the
27	foreign commerce clause with prejudice.
28	Section 2. This act shall take effect July 1, 2004.