HB 0391CS

CHAMBER ACTION




1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to tax administration; amending ss.
7213.235 and 220.807, F.S.; providing an alternative to a
8requirement that the interest rate on certain tax
9deficiencies shall be the rounded adjusted prime rate
10charged by banks plus 4 percentage points; providing
11legislative intent relating to application of certain
12adjustments to certain rates of interest; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 213.235, Florida Statutes, is amended
18to read:
19     213.235  Determination of interest on deficiencies.--
20     (1)  For the period January 1, 2000, through June 30, 2004,
21notwithstanding any other provision of law, the annual rate of
22interest applicable to tax payment deficiencies that arise on or
23after January 1, 2000, through June 30, 2004, shall be the
24adjusted rate established by the executive director of the
25department under subsection (2), unless a lower rate for the
26particular tax is specifically provided for in law, in which
27case the lower rate applies. This annual rate of interest
28applies to all taxes enumerated in s. 213.05.
29     (2)(a)  If the adjusted prime rate charged by banks,
30rounded to the nearest full percent, plus 4 percentage points,
31during either:
32     1.(a)  The 6-month period ending on September 30 of any
33calendar year;, or
34     2.(b)  The 6-month period ending on March 31 of any
35calendar year,
36
37differs from the interest rate in effect on either such date,
38the executive director of the department shall, within 20 days,
39establish an adjusted rate of interest equal to such adjusted
40prime rate plus 4 percentage points.
41     (b)(3)  An adjusted rate of interest established under this
42section becomes effective:
43     1.(a)  On January 1 of the succeeding year, if based upon
44the adjusted prime rate plus 4 percentage points for the 6-month
45period ending on September 30; or
46     2.(b)  On July 1 of the same calendar year, if based upon
47the adjusted prime rate plus 4 percentage points for the 6-month
48period ending on March 31.
49     (3)  The annual rate of interest for periods on or after
50July 1, 2004, applicable to tax payment deficiencies that arise
51on or after July 1, 2004, and on tax payment deficiencies that
52arose on January 1, 2000, through June 30, 2004, but remain
53unpaid on or after July 1, 2004, shall be the adjusted rate
54established by the executive director of the department under
55subsection (4), unless a lower rate for the particular tax is
56specifically provided for in law, in which case the lower rate
57applies. This annual rate of interest applies to all taxes
58enumerated in s. 213.05.
59     (4)(a)  If the adjusted prime rate charged by banks,
60rounded to the nearest full percent, during:
61     1.  The 6-month period ending on September 30 of any
62calendar year; or
63     2.  The 6-month period ending on March 31 of any calendar
64year,
65
66differs from the interest rate in effect on either such date,
67the executive director of the department shall, within 20 days,
68establish an adjusted rate of interest equal to such adjusted
69prime rate.
70     (b)  An adjusted rate of interest established under this
71section becomes effective:
72     1.  On January 1 of the succeeding year, if based upon the
73adjusted prime rate for the 6-month period ending on September
7430; or
75     2.  On July 1 of the same calendar year, if based upon the
76adjusted prime rate for the 6-month period ending on March 31.
77     (5)(4)  As used in this section, the term "adjusted prime
78rate charged by banks" means the average predominant prime rate
79quoted by commercial banks to large businesses, as determined by
80the Board of Governors of the Federal Reserve System.
81     (6)(5)  Once established, an adjusted rate of interest
82remains in effect until further adjusted under subsection (2) or
83subsection (4).
84     Section 2.  Section 220.807, Florida Statutes, is amended
85to read:
86     220.807  Determination of rate of interest.--
87     (1)  The annual rate of interest applicable under to this
88chapter for the period January 1, 2000, through June 30, 2004,
89shall be the adjusted rate established by the executive director
90of the Department of Revenue under subsection (2), except that
91the annual rate of interest shall never be greater than 12
92percent.
93     (2)(a)  If the adjusted prime rate charged by banks,
94rounded to the nearest full percent, plus 4 percentage points,
95during either:
96     1.(a)  The 6-month period ending on September 30 of any
97calendar year; or
98     2.(b)  The 6-month period ending on March 31 of any
99calendar year,
100
101differs from the interest rate in effect on either such date,
102the executive director of the Department of Revenue shall,
103within 20 days, establish an adjusted rate of interest equal to
104such adjusted prime rate plus 4 percentage points.
105     (b)(3)  An adjusted rate of interest established under this
106section shall become effective:
107     1.(a)  On January 1 of the succeeding year, if based upon
108the adjusted prime rate plus 4 percentage points for the 6-month
109period ending on September 30; or
110     2.(b)  On July 1 of the same calendar year, if based upon
111the adjusted prime rate plus 4 percentage points for the 6-month
112period ending on March 31.
113     (3)  The annual rate of interest applicable under this
114chapter on or after July 1, 2004, shall be the adjusted rate
115established by the Department of Revenue under subsection (4)
116except that the annual rate of interest shall never be greater
117than 12 percent.
118(4)(a)  If the adjusted prime rate charged by banks,
119rounded to the nearest full percent during:
1201.  The 6-month period ending on September 30 of any
121calendar year; or
1222.  The 6-month period ending on March 31 of any calendar
123year,
124
125differs from the interest rate in effect on either such date,
126the executive director of the Department of Revenue shall,
127within 20 days, establish an adjusted rate of interest equal to
128such adjusted prime rate.
129     (b)  An adjusted rate of interest established under this
130subsection shall become effective:
131     1.  On January 1 of the succeeding year, if based upon the
132adjusted prime rate of the 6-month period ending on September
13330; or
134     2.  On July 1 of the same calendar year, if based upon the
135adjusted prime rate for the 6-month period ending March 31.
136     (5)(4)  For the purposes of this section, "adjusted prime
137rate charged by banks" means the average predominant prime rate
138quoted by commercial banks to large business, as determined by
139the Board of Governors of the Federal Reserve System.
140     (6)(5)  Once established, an adjusted rate of interest
141shall remain in effect until an adjustment is made under
142subsection (2) or subsection (4).
143     Section 3.  It is the intent of the Legislature that the
144provisions of s. 213.235(1) and (2), Florida Statutes, and s.
145220.807(1) and (2), Florida Statutes, as amended by this act,
146apply to interest due on tax payment deficiencies that arise on
147or after January 1, 2000, but before July 1, 2004. It is also
148the intent of this act that the rate of interest that continues
149to accrue in any period after June 2004, for any tax payment
150deficiency that arose on or after January 1, 2000, or refund
151claim filed on or after January 1, 2000, shall be at prime as
152provided for in ss. 213.235(4) and 220.807(4), Florida Statutes.
153The allowance and payments of interest on overpayments of tax
154continue to be subject to the provisions of ss. 213.255(12) and
155220.723(1), Florida Statutes.
156     Section 4.  This act shall take effect July 1, 2004.


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