HB 0225CS

CHAMBER ACTION




1The Committee on Finance & Tax recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Department of Citrus; amending s.
7601.155, F.S.; requiring the department to develop a
8process for persons liable for the equalizing excise tax
9to elect to not pay a portion of the tax; prohibiting the
10department from expending certain amounts of excise tax
11moneys for advertising, marketing, or public relations
12activities under certain circumstances; providing an
13exception; providing for the dismissal of certain claims;
14requiring the Florida Citrus Commission to include a
15report by the department's internal auditor as an agenda
16item at each regularly scheduled commission meeting;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Present subsections (10) and (11) of section
22601.155, Florida Statutes, are renumbered as subsections (11)
23and (12), respectively, and a new subsection (10) is added to
24said section, to read:
25     601.155  Equalizing excise tax; credit; exemption.--
26     (10)  Notwithstanding any other provision of law, the
27Department of Citrus shall develop a process by which any person
28liable for the excise tax imposed under this section may
29annually object to payment of the tax. Any such objection must
30be allowed without discretion as to the validity thereof and
31that person shall be granted the immediate right to elect not to
32pay two-thirds of the applicable tax rate. The department may
33not expend any of the remaining one-third of the applicable tax
34rate on any advertising, marketing, or public relations
35activities to which any person liable for the excise tax imposed
36under this section objects, although such funds may be used for
37research, administration, and regulatory activities. Effective
38July 1, 2004, upon any necessary legislative appropriation of
39moneys due under the settlement agreement of Consolidated Case
40No. 2002-CA-4686 in the Circuit Court of the Tenth Judicial
41Circuit in Polk County, the plaintiffs shall agree to the
42dismissal of their claim under the foreign commerce clause with
43prejudice.
44     Section 2.  The Florida Citrus Commission shall include as
45an agenda item at each regularly scheduled meeting a report by
46the internal auditor of the Department of Citrus.
47     Section 3.  This act shall take effect July 1, 2004.


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