1 | The Committee on Commerce recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to tax administration; amending ss. |
7 | 213.235 and 220.807, F.S.; providing an alternative to a |
8 | requirement that the interest rate on certain tax |
9 | deficiencies shall be the rounded adjusted prime rate |
10 | charged by banks plus 4 percentage points; providing |
11 | legislative intent relating to application of certain |
12 | adjustments to certain rates of interest; providing an |
13 | effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 213.235, Florida Statutes, is amended |
18 | to read: |
19 | 213.235 Determination of interest on deficiencies.-- |
20 | (1) For the period January 1, 2000, through June 30, 2004, |
21 | notwithstanding any other provision of law, the annual rate of |
22 | interest applicable to tax payment deficiencies that arise on or |
23 | after January 1, 2000, through June 30, 2004, shall be the |
24 | adjusted rate established by the executive director of the |
25 | department under subsection (2), unless a lower rate for the |
26 | particular tax is specifically provided for in law, in which |
27 | case the lower rate applies. This annual rate of interest |
28 | applies to all taxes enumerated in s. 213.05. |
29 | (2)(a) If the adjusted prime rate charged by banks, |
30 | rounded to the nearest full percent, plus 4 percentage points, |
31 | during either: |
32 | 1.(a) The 6-month period ending on September 30 of any |
33 | calendar year;, or |
34 | 2.(b) The 6-month period ending on March 31 of any |
35 | calendar year, |
36 |
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37 | differs from the interest rate in effect on either such date, |
38 | the executive director of the department shall, within 20 days, |
39 | establish an adjusted rate of interest equal to such adjusted |
40 | prime rate plus 4 percentage points. |
41 | (b)(3) An adjusted rate of interest established under this |
42 | section becomes effective: |
43 | 1.(a) On January 1 of the succeeding year, if based upon |
44 | the adjusted prime rate plus 4 percentage points for the 6-month |
45 | period ending on September 30; or |
46 | 2.(b) On July 1 of the same calendar year, if based upon |
47 | the adjusted prime rate plus 4 percentage points for the 6-month |
48 | period ending on March 31. |
49 | (3) The annual rate of interest for periods on or after |
50 | July 1, 2004, applicable to tax payment deficiencies that arise |
51 | on or after July 1, 2004, and on tax payment deficiencies that |
52 | arose on January 1, 2000, through June 30, 2004, but remain |
53 | unpaid on or after July 1, 2004, shall be the adjusted rate |
54 | established by the executive director of the department under |
55 | subsection (4), unless a lower rate for the particular tax is |
56 | specifically provided for in law, in which case the lower rate |
57 | applies. This annual rate of interest applies to all taxes |
58 | enumerated in s. 213.05. |
59 | (4)(a) If the adjusted prime rate charged by banks, |
60 | rounded to the nearest full percent, during: |
61 | 1. The 6-month period ending on September 30 of any |
62 | calendar year; or |
63 | 2. The 6-month period ending on March 31 of any calendar |
64 | year, |
65 |
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66 | differs from the interest rate in effect on either such date, |
67 | the executive director of the department shall, within 20 days, |
68 | establish an adjusted rate of interest equal to such adjusted |
69 | prime rate. |
70 | (b) An adjusted rate of interest established under this |
71 | section becomes effective: |
72 | 1. On January 1 of the succeeding year, if based upon the |
73 | adjusted prime rate for the 6-month period ending on September |
74 | 30; or |
75 | 2. On July 1 of the same calendar year, if based upon the |
76 | adjusted prime rate for the 6-month period ending on March 31. |
77 | (5)(4) As used in this section, the term "adjusted prime |
78 | rate charged by banks" means the average predominant prime rate |
79 | quoted by commercial banks to large businesses, as determined by |
80 | the Board of Governors of the Federal Reserve System. |
81 | (6)(5) Once established, an adjusted rate of interest |
82 | remains in effect until further adjusted under subsection (2) or |
83 | subsection (4). |
84 | Section 2. Section 220.807, Florida Statutes, is amended |
85 | to read: |
86 | 220.807 Determination of rate of interest.-- |
87 | (1) The annual rate of interest applicable under to this |
88 | chapter for the period January 1, 2000, through June 30, 2004, |
89 | shall be the adjusted rate established by the executive director |
90 | of the Department of Revenue under subsection (2), except that |
91 | the annual rate of interest shall never be greater than 12 |
92 | percent. |
93 | (2)(a) If the adjusted prime rate charged by banks, |
94 | rounded to the nearest full percent, plus 4 percentage points, |
95 | during either: |
96 | 1.(a) The 6-month period ending on September 30 of any |
97 | calendar year; or |
98 | 2.(b) The 6-month period ending on March 31 of any |
99 | calendar year, |
100 |
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101 | differs from the interest rate in effect on either such date, |
102 | the executive director of the Department of Revenue shall, |
103 | within 20 days, establish an adjusted rate of interest equal to |
104 | such adjusted prime rate plus 4 percentage points. |
105 | (b)(3) An adjusted rate of interest established under this |
106 | section shall become effective: |
107 | 1.(a) On January 1 of the succeeding year, if based upon |
108 | the adjusted prime rate plus 4 percentage points for the 6-month |
109 | period ending on September 30; or |
110 | 2.(b) On July 1 of the same calendar year, if based upon |
111 | the adjusted prime rate plus 4 percentage points for the 6-month |
112 | period ending on March 31. |
113 | (3) The annual rate of interest applicable under this |
114 | chapter on or after July 1, 2004, shall be the adjusted rate |
115 | established by the Department of Revenue under subsection (4) |
116 | except that the annual rate of interest shall never be greater |
117 | than 12 percent. |
118 | (4)(a) If the adjusted prime rate charged by banks, |
119 | rounded to the nearest full percent during: |
120 | 1. The 6-month period ending on September 30 of any |
121 | calendar year; or |
122 | 2. The 6-month period ending on March 31 of any calendar |
123 | year, |
124 |
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125 | differs from the interest rate in effect on either such date, |
126 | the executive director of the Department of Revenue shall, |
127 | within 20 days, establish an adjusted rate of interest equal to |
128 | such adjusted prime rate. |
129 | (b) An adjusted rate of interest established under this |
130 | subsection shall become effective: |
131 | 1. On January 1 of the succeeding year, if based upon the |
132 | adjusted prime rate of the 6-month period ending on September |
133 | 30; or |
134 | 2. On July 1 of the same calendar year, if based upon the |
135 | adjusted prime rate for the 6-month period ending March 31. |
136 | (5)(4) For the purposes of this section, "adjusted prime |
137 | rate charged by banks" means the average predominant prime rate |
138 | quoted by commercial banks to large business, as determined by |
139 | the Board of Governors of the Federal Reserve System. |
140 | (6)(5) Once established, an adjusted rate of interest |
141 | shall remain in effect until an adjustment is made under |
142 | subsection (2) or subsection (4). |
143 | Section 3. It is the intent of the Legislature that the |
144 | provisions of s. 213.235(1) and (2), Florida Statutes, and s. |
145 | 220.807(1) and (2), Florida Statutes, as amended by this act, |
146 | apply to interest due on tax payment deficiencies that arise on |
147 | or after January 1, 2000, but before July 1, 2004. It is also |
148 | the intent of this act that the rate of interest that continues |
149 | to accrue in any period after June 2004, for any tax payment |
150 | deficiency that arose on or after January 1, 2000, or refund |
151 | claim filed on or after January 1, 2000, shall be at prime as |
152 | provided for in ss. 213.235(4) and 220.807(4), Florida Statutes. |
153 | The allowance and payments of interest on overpayments of tax |
154 | continue to be subject to the provisions of ss. 213.255(12) and |
155 | 220.723(1), Florida Statutes. |
156 | Section 4. This act shall take effect July 1, 2004. |