HB 0791 2004
1	A bill to be entitled
2	An act relating to the annual intangible personal property
3	tax; amending s. 199.032, F.S.; decreasing the annual
4	intangible personal property tax over a 2-year period;
5	repealing ss. 199.012, 199.023, 199.032, 199.033, 199.042,
6	199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
7	199.175, and 199.185, F.S., relating to the annual
8	intangible personal property tax; amending s. 199.303,
9	F.S.; providing additional legislative intent; amending ss.
10	192.032, 192.042, 192.091, 193.114, 196.015, 196.199,
11	196.1993, 199.183, 201.23, 212.02, 213.053, 213.054,
12	213.27, 213.31, 215.555, 220.1845, 288.039, 288.1045,
13	288.106, 376.30781, 493.6102, 516.031, 627.311, 627.351,
14	650.05, 655.071, 733.702, and 766.105, F.S., to conform;
15	authorizing the Department of Revenue to adopt certain
16	emergency rules for a certain time; providing effective
17	dates.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Effective January 1, 2005, section 199.032,
22	Florida Statutes, is amended to read:
23	199.032 Levy of annual tax.--Beginning January 1, 2005,an
24	annual tax of 0.66 1mill is imposed on each dollar of the just
25	valuation of all intangible personal property that has a taxable
26	situs in this state, except for notes and other obligations for
27	the payment of money, other than bonds, which are secured by
28	mortgage, deed of trust, or other lien upon real property
29	situated in the state. Beginning January 1, 2006, the annual tax
30	imposed by this section shall be 0.33 mill.This tax shall be
31	assessed and collected as provided in this chapter.
32	Section 2. Sections 199.012, 199.023, 199.032, 199.033,
33	199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
34	199.175, and 199.185, Florida Statutes, are repealed.
35	Section 3. Subsection (3) is added to section 199.303,
36	Florida Statutes, to read:
37	199.303 Declaration of legislative intent.--
38	(3) It is hereby declared to be the specific legislative
39	intent that all annual intangible personal property taxes
40	imposed as provided by law, for calendar years 2006 and prior,
41	shall remain in full force and effect during the period
42	specified by s. 95.091, for the year in which the tax was due.
43	It is further the legislative intent that the department
44	continue to assess and collect all taxes due to the state under
45	such provisions for all periods available for assessment, as
46	provided for the year in which tax was due by s. 95.091.
47	Section 4. Subsections (5), (6), and (7) of section
48	192.032, Florida Statutes, are amended to read:
49	192.032 Situs of property for assessment purposes.--All
50	property shall be assessed according to its situs as follows:
51	(5) Intangible personal property, according to the rules
52	laid down in chapter 199.
53	(5)(6)(a) Notwithstanding the provisions of subsection
54	(2), personal property used as a marine cargo container in the
55	conduct of foreign or interstate commerce shall not be deemed to
56	have acquired a taxable situs within a county when the property
57	is temporarily halted or stored within the state for a period
58	not exceeding 180 days.
59	(b) "Marine cargo container" means a nondisposable
60	receptacle which is of a permanent character, strong enough to
61	be suitable for repeated use; which is specifically designed to
62	facilitate the carriage of goods by one or more modes of
63	transport, one of which shall be by ocean vessel, without
64	intermediate reloading; and which is fitted with devices
65	permitting its ready handling, particularly in the transfer from
66	one transport mode to another. The term "marine cargo container"
67	includes a container when carried on a chassis but does not
68	include a vehicle or packaging.
69	(6)(7)Notwithstanding any other provision of this
70	section, tangible personal property used in traveling shows such
71	as carnivals, ice shows, or circuses shall be deemed to be
72	physically present or habitually located or typically present
73	only to the extent the value of such property is multiplied by a
74	fraction, the numerator of which is the number of days such
75	property is present in Florida during the taxable year and the
76	denominator of which is the number of days in the taxable year.
77	However, railroad property of such traveling shows shall be
78	taxable under s. 193.085(4)(b) and not under this section.
79	Section 5. Subsection (3) of section 192.042, Florida
80	Statutes, is amended to read:
81	192.042 Date of assessment.--All property shall be
82	assessed according to its just value as follows:
83	(3) Intangible personal property, according to the rules
84	laid down in chapter 199.
85	Section 6. Subsection (5) of section 192.091, Florida
86	Statutes, is amended to read:
87	192.091 Commissions of property appraisers and tax
88	collectors.--
89	(5) Provided, that the provisions of this section shall
90	not apply to commissions on intangible property taxes or
91	drainage district or drainage subdistrict taxes; and
92	Section 7. Subsections (4), (5), and (6) of section
93	193.114, Florida Statutes, are amended to read:
94	193.114 Preparation of assessment rolls.--
95	(4) The department shall promulgate regulations and forms
96	for the preparation of the intangible personal property roll to
97	comply with chapter 199.
98	(4)(5)For every change made to the assessed or taxable
99	value of a parcel on an assessment roll subsequent to the
100	mailing of the notice provided for in s. 200.069, the property
101	appraiser shall document the reason for such change in the
102	public records of the office of the property appraiser in a
103	manner acceptable to the executive director or the executive
104	director's designee. For every change that decreases the
105	assessed or taxable value of a parcel on an assessment roll
106	between the time of complete submission of the tax roll pursuant
107	to s. 193.1142(3) and mailing of the notice provided for in s.
108	200.069, the property appraiser shall document the reason for
109	such change in the public records of the office of the property
110	appraiser in a manner acceptable to the executive director or
111	the executive director's designee. Changes made by the value
112	adjustment board are not subject to the requirements of this
113	subsection.
114	(5)(6)For proprietary purposes, including the furnishing
115	or sale of copies of the tax roll under s. 119.07(1), the
116	property appraiser is the custodian of the tax roll and the
117	copies of it which are maintained by any state agency. The
118	department or any state or local agency may use copies of the
119	tax roll received by it for official purposes and shall permit
120	inspection and examination thereof under s. 119.07(1), but is
121	not required to furnish copies of the records. A social security
122	number submitted under s. 196.011(1) is confidential and exempt
123	from s. 24(a), Art. I of the State Constitution and the
124	provisions of s. 119.07(1). A copy of documents containing the
125	numbers furnished or sold by the property appraiser, except a
126	copy furnished to the department, or a copy of documents
127	containing social security numbers provided by the department or
128	any state or local agency for inspection or examination by the
129	public, must exclude those social security numbers.
130	Section 8. Subsection (9) of section 196.015, Florida
131	Statutes, is amended to read:
132	196.015 Permanent residency; factual determination by
133	property appraiser.--Intention to establish a permanent
134	residence in this state is a factual determination to be made,
135	in the first instance, by the property appraiser. Although any
136	one factor is not conclusive of the establishment or
137	nonestablishment of permanent residence, the following are
138	relevant factors that may be considered by the property
139	appraiser in making his or her determination as to the intent of
140	a person claiming a homestead exemption to establish a permanent
141	residence in this state:
142	(9) The previous filing of Florida intangible tax returns
143	by the applicant.
144	Section 9. Paragraph (b) of subsection (2) of section
145	196.199, Florida Statutes, is amended to read:
146	196.199 Government property exemption.--
147	(2) Property owned by the following governmental units but
148	used by nongovernmental lessees shall only be exempt from
149	taxation under the following conditions:
150	(b) Except as provided in paragraph (c), the exemption
151	provided by this subsection shall not apply to those portions of
152	a leasehold or other possessory interest in real property,
153	except for any leasehold or other possessory interest described
154	in s. 4(a), Art. VII of the State Constitution or subsection
155	(7), owned by the United States, the state, any political
156	subdivision of the state, any municipality of the state, or any
157	agency, authority, and other public body corporate of the state,
158	which are undeveloped or predominantly used for residential or
159	commercial purposes and upon which rental payments are due
160	defined by s. 199.023(1)(d), subject to the provisions of
161	subsection (7). Such leasehold or other interest shall be taxed
162	only as intangible personal property pursuant to chapter 199 if
163	rental payments are due in consideration of such leasehold or
164	other interest.If no rental payments are due pursuant to the
165	agreement creating such leasehold or other interest, the
166	leasehold or other interest shall be taxed as real property.
167	Nothing in this paragraph shall be deemed to exempt personal
168	property, buildings, or other real property improvements owned
169	by the lessee from ad valorem taxation.
170	Section 10. Section 196.1993, Florida Statutes, is amended
171	to read:
172	196.1993 Certain agreements with local governments for use
173	of public property; exemption.--Any agreement entered into with
174	a local governmental authority prior to January 1, 1969, for use
175	of public property, under which it was understood and agreed in
176	a written instrument or by special act that no ad valorem real
177	property taxes would be paid by the licensee or lessee, shall be
178	deemed a license or management agreement for the use or
179	management of public property. Such interest shall be deemed not
180	to convey an interest in the property and shall not be subject
181	to ad valorem real property taxation. Nothing in this section
182	shall be deemed to exempt such licensee from the ad valorem
183	intangible tax and thead valorem personal property tax.
184	Section 11. Subsection (4) of section 199.183, Florida
185	Statutes, is amended to read:
186	199.183 Taxpayers exempt from annual and nonrecurring
187	taxes.--
188	(4) Intangible personal property that is owned, managed,
189	or controlled by a trustee of a trust is exempt from annual tax
190	under this chapter. This exemption does not exempt from annual
191	tax a resident of this state who has a taxable beneficial
192	interest, as defined in s. 199.023, in a trust.
193	Section 12. Subsection (4) of section 201.23, Florida
194	Statutes, is amended to read:
195	201.23 Foreign notes and other written obligations
196	exempt.--
197	(4)(a)The excise taxes imposed by this chapter shall not
198	apply to the documents, notes, evidences of indebtedness,
199	financing statements, drafts, bills of exchange, or other
200	taxable items dealt with, made, issued, drawn upon, accepted,
201	delivered, shipped, received, signed, executed, assigned,
202	transferred, or sold by or to a banking organization, as defined
203	in s. 199.023(9),in the conduct of an international banking
204	transaction, as defined in s. 199.023(11). Nothing in this
205	paragraph subsectionshall be construed to change the
206	application of paragraph (2)(a).
207	(b) For purposes of this subsection:
208	1. “Banking organization" means:
209	a. A bank organized and existing under the laws of this
210	state;
211	b. A national bank organized and existing pursuant to the
212	provisions of the National Bank Act, 12 U.S.C. ss. 21 et seq.,
213	and maintaining its principal office in this state;
214	c. An Edge Act corporation organized pursuant to the
215	provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss.
216	611 et seq., and maintaining an office in this state;
217	d. An international bank agency licensed pursuant to the
218	laws of this state;
219	e. A federal agency licensed pursuant to ss. 4 and 5 of
220	the International Banking Act of 1978 to maintain an office in
221	this state;
222	f. A savings association organized and existing under the
223	laws of this state;
224	g. A federal association organized and existing pursuant
225	to the provisions of the Home Owners' Loan Act of 1933, 12
226	U.S.C. ss. 1461 et seq., and maintaining its principal office in
227	this state; or
228	h. A Florida export finance corporation organized and
229	existing pursuant to the provisions of part V of chapter 288.
230	2. "International banking transaction" means:
231	a. The financing of the exportation from, or the
232	importation into, the United States or between jurisdictions
233	abroad of tangible personal property or services;
234	b. The financing of the production, preparation, storage,
235	or transportation of tangible personal property or services
236	which are identifiable as being directly and solely for export
237	from, or import into, the United States or between jurisdictions
238	abroad;
239	c. The financing of contracts, projects, or activities to
240	be performed substantially abroad, except those transactions
241	secured by a mortgage, deed of trust, or other lien upon real
242	property located in the state;
243	d. The receipt of deposits or borrowings or the extensions
244	of credit by an international banking facility, except the loan
245	or deposit of funds secured by mortgage, deed of trust, or other
246	lien upon real property located in the state; or
247	e. Entering into foreign exchange trading or hedging
248	transactions in connection with the activities described in sub-
249	subparagraph d.
250	Section 13. Subsection (19) of section 212.02, Florida
251	Statutes, is amended to read:
252	212.02 Definitions.--The following terms and phrases when
253	used in this chapter have the meanings ascribed to them in this
254	section, except where the context clearly indicates a different
255	meaning:
256	(19) "Tangible personal property" means and includes
257	personal property which may be seen, weighed, measured, or
258	touched or is in any manner perceptible to the senses, including
259	electric power or energy, boats, motor vehicles and mobile homes
260	as defined in s. 320.01(1) and (2), aircraft as defined in s.
261	330.27, and all other types of vehicles. The term "tangible
262	personal property" does not include stocks, bonds, notes,
263	insurance, or other obligations or securities; intangibles as
264	defined by the intangible tax law of the state;or pari-mutuel
265	tickets sold or issued under the racing laws of the state.
266	Section 14. Subsection (4), paragraphs (k) and (p) of
267	subsection (7), and paragraph (a) of subsection (14) of section
268	213.053, Florida Statutes, are amended to read:
269	213.053 Confidentiality and information sharing.--
270	(4) Nothing contained in this section shall prevent the
271	department from publishing statistics so classified as to
272	prevent the identification of particular accounts, reports,
273	declarations, or returns or prevent the department from
274	disclosing to the Chief Financial Officer the names and
275	addresses of those taxpayers who have claimed an exemption
276	pursuant to s. 199.185(1)(i) ora deduction pursuant to s.
277	220.63(5).
278	(7) Notwithstanding any other provision of this section,
279	the department may provide:
280	(k)1. Payment information relative to chapters 199,201,
281	212, 220, 221, and 624 to the Office of Tourism, Trade, and
282	Economic Development, or its employees or agents that are
283	identified in writing by the office to the department, in the
284	administration of the tax refund program for qualified defense
285	contractors authorized by s. 288.1045 and the tax refund program
286	for qualified target industry businesses authorized by s.
287	288.106.
288	2. Information relative to tax credits taken by a business
289	under s. 220.191 and exemptions or tax refunds received by a
290	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
291	and Economic Development, or its employees or agents that are
292	identified in writing by the office to the department, in the
293	administration and evaluation of the capital investment tax
294	credit program authorized in s. 220.191 and the semiconductor,
295	defense, and space tax exemption program authorized in s.
296	212.08(5)(j).
297	(p) Information relative to ss. 199.1055, 220.1845,and
298	376.30781 to the Department of Environmental Protection in the
299	conduct of its official business.
300
301	Disclosure of information under this subsection shall be
302	pursuant to a written agreement between the executive director
303	and the agency. Such agencies, governmental or nongovernmental,
304	shall be bound by the same requirements of confidentiality as
305	the Department of Revenue. Breach of confidentiality is a
306	misdemeanor of the first degree, punishable as provided by s.
307	775.082 or s. 775.083.
308	(14)(a) Notwithstanding any other provision of this
309	section, the department shall, subject to the safeguards
310	specified in paragraph (c), disclose to the Division of
311	Corporations of the Department of State the name, address,
312	federal employer identification number, and duration of tax
313	filings with this state of all corporate or partnership entities
314	which are not on file or have a dissolved status with the
315	Division of Corporations and which have filed tax returns
316	pursuant to either chapter 199 orchapter 220.
317	Section 15. Section 213.054, Florida Statutes, is amended
318	to read:
319	213.054 Persons claiming tax exemptions or deductions;
320	annual report.--The Department of Revenue shall be responsible
321	for monitoring the utilization of tax exemptions andtax
322	deductions authorized pursuant to chapter 81-179, Laws of
323	Florida. On or before September 1 of each year, the department
324	shall report to the Chief Financial Officer the names and
325	addresses of all persons who have claimed an exemption pursuant
326	to s. 199.185(1)(i) ora deduction pursuant to s. 220.63(5).
327	Section 16. Section 213.27, Florida Statutes, is amended
328	to read:
329	213.27 Contracts with debt collection agencies and certain
330	vendors.--
331	(1) The Department of Revenue may, for the purpose of
332	collecting any delinquent taxes due from a taxpayer, including
333	taxes for which a bill or notice has been generated, contract
334	with any debt collection agency or attorney doing business
335	within or without this state for the collection of such
336	delinquent taxes including penalties and interest thereon. The
337	department may also share confidential information pursuant to
338	the contract necessary for the collection of delinquent taxes
339	and taxes for which a billing or notice has been generated.
340	Contracts will be made pursuant to chapter 287. The taxpayer
341	must be notified by mail by the department, its employees, or
342	its authorized representative 30 days prior to commencing any
343	litigation to recover any delinquent taxes. The taxpayer must be
344	notified by mail by the department 30 days prior to the
345	department assigning the collection of any taxes to the debt
346	collection agency.
347	(2) The department may enter into contracts with any
348	individual or business for the purpose of identifying intangible
349	personal property tax liability. Contracts may provide for the
350	identification of assets subject to the tax on intangible
351	personal property, the determination of value of such property,
352	the requirement for filing a tax return and the collection of
353	taxes due, including applicable penalties and interest thereon.
354	The department may share confidential information pursuant to
355	the contract necessary for the identification of taxable
356	intangible personal property. Contracts shall be made pursuant
357	to chapter 287. The taxpayer must be notified by mail by the
358	department 30 days prior to the department assigning
359	identification of intangible personal property to an individual
360	or business.
361	(2)(3)Any contract may provide, in the discretion of the
362	executive director of the Department of Revenue, the manner in
363	which the compensation for such services will be paid. Under
364	standards established by the department, such compensation shall
365	be added to the amount of the tax and collected as a part
366	thereof by the agency or deducted from the amount of tax,
367	penalty, and interest actually collected.
368	(3)(4)All funds collected under the terms of the
369	contract, less the fees provided in the contract, shall be
370	remitted to the department within 30 days from the date of
371	collection from a taxpayer. Forms to be used for such purpose
372	shall be prescribed by the department.
373	(4)(5)The department shall require a bond from the debt
374	collection agency or the individual or business contracted with
375	under subsection (2)not in excess of $100,000 guaranteeing
376	compliance with the terms of the contract. However, a bond of
377	$10,000 is required from a debt collection agency if the agency
378	does not actually collect and remit delinquent funds to the
379	department.
380	(5)(6)The department may, for the purpose of ascertaining
381	the amount of or collecting any taxes due from a person doing
382	mail order business in this state, contract with any auditing
383	agency doing business within or without this state for the
384	purpose of conducting an audit of such mail order business;
385	however, such audit agency may not conduct an audit on behalf of
386	the department of any person domiciled in this state, person
387	registered for sales and use tax purposes in this state, or
388	corporation filing a Florida corporate tax return, if any such
389	person or corporation objects to such audit in writing to the
390	department and the auditing agency. The department shall notify
391	the taxpayer by mail at least 30 days before the department
392	assigns the collection of such taxes.
393	(6)(7)Confidential information shared by the department
394	with debt collection or auditing agencies or individuals or
395	businesses with which the department has contracted under
396	subsection (2)is exempt from the provisions of s. 119.07(1),
397	and debt collection or auditing agencies and individuals or
398	businesses with which the department has contracted under
399	subsection (2)shall be bound by the same requirements of
400	confidentiality as the Department of Revenue. Breach of
401	confidentiality is a misdemeanor of the first degree, punishable
402	as provided by ss. 775.082 and 775.083.
403	(7)(8)(a) The executive director of the department may
404	enter into contracts with private vendors to develop and
405	implement systems to enhance tax collections where compensation
406	to the vendors is funded through increased tax collections. The
407	amount of compensation paid to a vendor shall be based on a
408	percentage of increased tax collections attributable to the
409	system after all administrative and judicial appeals are
410	exhausted, and the total amount of compensation paid to a vendor
411	shall not exceed the maximum amount stated in the contract.
412	(b) A person acting on behalf of the department under a
413	contract authorized by this subsection does not exercise any of
414	the powers of the department, except that the person is an agent
415	of the department for the purposes of developing and
416	implementing a system to enhance tax collection.
417	(c) Disclosure of information under this subsection shall
418	be pursuant to a written agreement between the executive
419	director and the private vendors. The vendors shall be bound by
420	the same requirements of confidentiality as the department.
421	Breach of confidentiality is a misdemeanor of the first degree,
422	punishable as provided in s. 775.082 or s. 775.083.
423	Section 17. Section 213.31, Florida Statutes, is amended
424	to read:
425	213.31 Corporation Tax Administration Trust Fund.--There
426	is hereby created in the State Treasury the Corporation Tax
427	Administration Trust Fund. Moneys in the fund are hereby
428	appropriated to the Department of Revenue for the administration
429	of taxes levied upon corporations, including, but not limited
430	to, those imposed under chapter 199, chapter 220,or chapter
431	221.
432	Section 18. Paragraph (c) of subsection (6) of section
433	215.555, Florida Statutes, is amended to read:
434	215.555 Florida Hurricane Catastrophe Fund.--
435	(6) REVENUE BONDS.--
436	(c) Florida Hurricane Catastrophe Fund Finance
437	Corporation.--
438	1. In addition to the findings and declarations in
439	subsection (1), the Legislature also finds and declares that:
440	a. The public benefits corporation created under this
441	paragraph will provide a mechanism necessary for the cost-
442	effective and efficient issuance of bonds. This mechanism will
443	eliminate unnecessary costs in the bond issuance process,
444	thereby increasing the amounts available to pay reimbursement
445	for losses to property sustained as a result of hurricane
446	damage.
447	b. The purpose of such bonds is to fund reimbursements
448	through the Florida Hurricane Catastrophe Fund to pay for the
449	costs of construction, reconstruction, repair, restoration, and
450	other costs associated with damage to properties of
451	policyholders of covered policies due to the occurrence of a
452	hurricane.
453	c. The efficacy of the financing mechanism will be
454	enhanced by the corporation's ownership of the assessments, by
455	the insulation of the assessments from possible bankruptcy
456	proceedings, and by covenants of the state with the
457	corporation's bondholders.
458	2.a. There is created a public benefits corporation, which
459	is an instrumentality of the state, to be known as the Florida
460	Hurricane Catastrophe Fund Finance Corporation.
461	b. The corporation shall operate under a five-member board
462	of directors consisting of the Governor or a designee, the Chief
463	Financial Officer or a designee, the Attorney General or a
464	designee, the director of the Division of Bond Finance of the
465	State Board of Administration, and the senior employee of the
466	State Board of Administration responsible for operations of the
467	Florida Hurricane Catastrophe Fund.
468	c. The corporation has all of the powers of corporations
469	under chapter 607 and under chapter 617, subject only to the
470	provisions of this subsection.
471	d. The corporation may issue bonds and engage in such
472	other financial transactions as are necessary to provide
473	sufficient funds to achieve the purposes of this section.
474	e. The corporation may invest in any of the investments
475	authorized under s. 215.47.
476	f. There shall be no liability on the part of, and no
477	cause of action shall arise against, any board members or
478	employees of the corporation for any actions taken by them in
479	the performance of their duties under this paragraph.
480	3.a. In actions under chapter 75 to validate any bonds
481	issued by the corporation, the notice required by s. 75.06 shall
482	be published only in Leon County and in two newspapers of
483	general circulation in the state, and the complaint and order of
484	the court shall be served only on the State Attorney of the
485	Second Judicial Circuit.
486	b. The state hereby covenants with holders of bonds of the
487	corporation that the state will not repeal or abrogate the power
488	of the board to direct the Office of Insurance Regulation to
489	levy the assessments and to collect the proceeds of the revenues
490	pledged to the payment of such bonds as long as any such bonds
491	remain outstanding unless adequate provision has been made for
492	the payment of such bonds pursuant to the documents authorizing
493	the issuance of such bonds.
494	4. The bonds of the corporation are not a debt of the
495	state or of any political subdivision, and neither the state nor
496	any political subdivision is liable on such bonds. The
497	corporation does not have the power to pledge the credit, the
498	revenues, or the taxing power of the state or of any political
499	subdivision. The credit, revenues, or taxing power of the state
500	or of any political subdivision shall not be deemed to be
501	pledged to the payment of any bonds of the corporation.
502	5.a. The property, revenues, and other assets of the
503	corporation; the transactions and operations of the corporation
504	and the income from such transactions and operations; and all
505	bonds issued under this paragraph and interest on such bonds are
506	exempt from taxation by the state and any political subdivision,
507	including the intangibles tax under chapter 199 andthe income
508	tax under chapter 220. This exemption does not apply to any tax
509	imposed by chapter 220 on interest, income, or profits on debt
510	obligations owned by corporations other than the Florida
511	Hurricane Catastrophe Fund Finance Corporation.
512	b. All bonds of the corporation shall be and constitute
513	legal investments without limitation for all public bodies of
514	this state; for all banks, trust companies, savings banks,
515	savings associations, savings and loan associations, and
516	investment companies; for all administrators, executors,
517	trustees, and other fiduciaries; for all insurance companies and
518	associations and other persons carrying on an insurance
519	business; and for all other persons who are now or may hereafter
520	be authorized to invest in bonds or other obligations of the
521	state and shall be and constitute eligible securities to be
522	deposited as collateral for the security of any state, county,
523	municipal, or other public funds. This sub-subparagraph shall be
524	considered as additional and supplemental authority and shall
525	not be limited without specific reference to this sub-
526	subparagraph.
527	6. The corporation and its corporate existence shall
528	continue until terminated by law; however, no such law shall
529	take effect as long as the corporation has bonds outstanding
530	unless adequate provision has been made for the payment of such
531	bonds pursuant to the documents authorizing the issuance of such
532	bonds. Upon termination of the existence of the corporation, all
533	of its rights and properties in excess of its obligations shall
534	pass to and be vested in the state.
535	Section 19. Section 220.1845, Florida Statutes, is amended
536	to read:
537	220.1845 Contaminated site rehabilitation tax credit.--
538	(1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
539	(a) A credit in the amount of 35 percent of the costs of
540	voluntary cleanup activity that is integral to site
541	rehabilitation at the following sites is available against any
542	tax due for a taxable year under this chapter:
543	1. A drycleaning-solvent-contaminated site eligible for
544	state-funded site rehabilitation under s. 376.3078(3);
545	2. A drycleaning-solvent-contaminated site at which
546	cleanup is undertaken by the real property owner pursuant to s.
547	376.3078(11), if the real property owner is not also, and has
548	never been, the owner or operator of the drycleaning facility
549	where the contamination exists; or
550	3. A brownfield site in a designated brownfield area under
551	s. 376.80.
552	(b) A tax credit applicant, or multiple tax credit
553	applicants working jointly to clean up a single site, may not be
554	granted more than $250,000 per year in tax credits for each site
555	voluntarily rehabilitated. Multiple tax credit applicants shall
556	be granted tax credits in the same proportion as their
557	contribution to payment of cleanup costs. Subject to the same
558	conditions and limitations as provided in this section, a
559	municipality, county, or other tax credit applicant which
560	voluntarily rehabilitates a site may receive not more than
561	$250,000 per year in tax credits which it can subsequently
562	transfer subject to the provisions in paragraph (g)(h).
563	(c) If the credit granted under this section is not fully
564	used in any one year because of insufficient tax liability on
565	the part of the corporation, the unused amount may be carried
566	forward for a period not to exceed 5 years. The carryover credit
567	may be used in a subsequent year when the tax imposed by this
568	chapter for that year exceeds the credit for which the
569	corporation is eligible in that year under this section after
570	applying the other credits and unused carryovers in the order
571	provided by s. 220.02(8). Five years after the date a credit is
572	granted under this section, such credit expires and may not be
573	used. However, if during the 5-year period the credit is
574	transferred, in whole or in part, pursuant to paragraph (g)(h),
575	each transferee has 5 years after the date of transfer to use
576	its credit.
577	(d) A taxpayer that files a consolidated return in this
578	state as a member of an affiliated group under s. 220.131(1) may
579	be allowed the credit on a consolidated return basis up to the
580	amount of tax imposed upon the consolidated group.
581	(e) A taxpayer that receives credit under s. 199.1055 is
582	ineligible to receive credit under this section in a given tax
583	year.
584	(e)(f)A tax credit applicant that receives state-funded
585	site rehabilitation under s. 376.3078(3) for rehabilitation of a
586	drycleaning-solvent-contaminated site is ineligible to receive
587	credit under this section for costs incurred by the tax credit
588	applicant in conjunction with the rehabilitation of that site
589	during the same time period that state-administered site
590	rehabilitation was underway.
591	(f)(g)The total amount of the tax credits which may be
592	granted under this section and s. 199.1055is $2 million
593	annually.
594	(g)(h)1. Tax credits that may be available under this
595	section to an entity eligible under s. 376.30781 may be
596	transferred after a merger or acquisition to the surviving or
597	acquiring entity and used in the same manner and with the same
598	limitations.
599	2. The entity or its surviving or acquiring entity as
600	described in subparagraph 1., may transfer any unused credit in
601	whole or in units of no less than 25 percent of the remaining
602	credit. The entity acquiring such credit may use it in the same
603	manner and with the same limitation as described in this
604	section. Such transferred credits may not be transferred again
605	although they may succeed to a surviving or acquiring entity
606	subject to the same conditions and limitations as described in
607	this section.
608	3. In the event the credit provided for under this section
609	is reduced either as a result of a determination by the
610	Department of Environmental Protection or an examination or
611	audit by the Department of Revenue, such tax deficiency shall be
612	recovered from the first entity, or the surviving or acquiring
613	entity, to have claimed such credit up to the amount of credit
614	taken. Any subsequent deficiencies shall be assessed against any
615	entity acquiring and claiming such credit, or in the case of
616	multiple succeeding entities in the order of credit succession.
617	(h)(i)In order to encourage completion of site
618	rehabilitation at contaminated sites being voluntarily cleaned
619	up and eligible for a tax credit under this section, the tax
620	credit applicant may claim an additional 10 percent of the total
621	cleanup costs, not to exceed $50,000, in the final year of
622	cleanup as evidenced by the Department of Environmental
623	Protection issuing a "No Further Action" order for that site.
624	(2) FILING REQUIREMENTS.--Any corporation that wishes to
625	obtain credit under this section must submit with its return a
626	tax credit certificate approving partial tax credits issued by
627	the Department of Environmental Protection under s. 376.30781.
628	(3) ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
629	FORFEITURE.--
630	(a) The Department of Revenue may adopt rules to prescribe
631	any necessary forms required to claim a tax credit under this
632	section and to provide the administrative guidelines and
633	procedures required to administer this section.
634	(b) In addition to its existing audit and investigation
635	authority relating to chapter 199 andthis chapter, the
636	Department of Revenue may perform any additional financial and
637	technical audits and investigations, including examining the
638	accounts, books, or records of the tax credit applicant, which
639	are necessary to verify the site rehabilitation costs included
640	in a tax credit return and to ensure compliance with this
641	section. The Department of Environmental Protection shall
642	provide technical assistance, when requested by the Department
643	of Revenue, on any technical audits performed pursuant to this
644	section.
645	(c) It is grounds for forfeiture of previously claimed and
646	received tax credits if the Department of Revenue determines, as
647	a result of either an audit or information received from the
648	Department of Environmental Protection, that a taxpayer received
649	tax credits pursuant to this section to which the taxpayer was
650	not entitled. In the case of fraud, the taxpayer shall be
651	prohibited from claiming any future tax credits under this
652	section or s. 199.1055.
653	1. The taxpayer is responsible for returning forfeited tax
654	credits to the Department of Revenue, and such funds shall be
655	paid into the General Revenue Fund of the state.
656	2. The taxpayer shall file with the Department of Revenue
657	an amended tax return or such other report as the Department of
658	Revenue prescribes by rule and shall pay any required tax within
659	60 days after the taxpayer receives notification from the
660	Department of Environmental Protection pursuant to s. 376.30781
661	that previously approved tax credits have been revoked or
662	modified, if uncontested, or within 60 days after a final order
663	is issued following proceedings involving a contested revocation
664	or modification order.
665	3. A notice of deficiency may be issued by the Department
666	of Revenue at any time within 5 years after the date the
667	taxpayer receives notification from the Department of
668	Environmental Protection pursuant to s. 376.30781 that
669	previously approved tax credits have been revoked or modified.
670	If a taxpayer fails to notify the Department of Revenue of any
671	change in its tax credit claimed, a notice of deficiency may be
672	issued at any time. In either case, the amount of any proposed
673	assessment set forth in such notice of deficiency shall be
674	limited to the amount of any deficiency resulting under this
675	section from the recomputation of the taxpayer's tax for the
676	taxable year.
677	4. Any taxpayer that fails to report and timely pay any
678	tax due as a result of the forfeiture of its tax credit is in
679	violation of this section and is subject to applicable penalty
680	and interest.
681	Section 20. Paragraph (b) of subsection (2) of section
682	288.039, Florida Statutes, is amended to read:
683	288.039 Employing and Training our Youths (ENTRY).--
684	(2) TAX REFUND; ELIGIBLE AMOUNTS.--
685	(b) After entering into an employment/tax refund agreement
686	under subsection (3), an eligible business may receive refunds
687	for the following taxes or fees due and paid by that business:
688	1. Taxes on sales, use, and other transactions under
689	chapter 212.
690	2. Corporate income taxes under chapter 220.
691	3. Intangible personal property taxes under chapter 199.
692	3.4.Emergency excise taxes under chapter 221.
693	4.5.Excise taxes on documents under chapter 201.
694	5.6.Ad valorem taxes paid, as defined in s. 220.03(1).
695	6.7.Insurance premium taxes under s. 624.509.
696	7.8.Occupational license fees under chapter 205.
697
698	However, an eligible business may not receive a refund under
699	this section for any amount of credit, refund, or exemption
700	granted to that business for any of such taxes or fees. If a
701	refund for such taxes or fees is provided by the office, which
702	taxes or fees are subsequently adjusted by the application of
703	any credit, refund, or exemption granted to the eligible
704	business other than as provided in this section, the business
705	shall reimburse the office for the amount of that credit,
706	refund, or exemption. An eligible business shall notify and
707	tender payment to the office within 20 days after receiving any
708	credit, refund, or exemption other than the one provided in this
709	section.
710	Section 21. Paragraph (f) of subsection (2) and paragraphs
711	(b), (c), and (d) of subsection (3) of section 288.1045, Florida
712	Statutes, are amended to read:
713	288.1045 Qualified defense contractor tax refund
714	program.--
715	(2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
716	(f) After entering into a tax refund agreement pursuant to
717	subsection (4), a qualified applicant may receive refunds from
718	the Economic Development Trust Fund for the following taxes due
719	and paid by the qualified applicant beginning with the
720	applicant's first taxable year that begins after entering into
721	the agreement:
722	1. Taxes on sales, use, and other transactions paid
723	pursuant to chapter 212.
724	2. Corporate income taxes paid pursuant to chapter 220.
725	3. Intangible personal property taxes paid pursuant to
726	chapter 199.
727	3.4.Emergency excise taxes paid pursuant to chapter 221.
728	4.5.Excise taxes paid on documents pursuant to chapter
729	201.
730	5.6.Ad valorem taxes paid, as defined in s. 220.03(1)(a)
731	on June 1, 1996.
732
733	However, a qualified applicant may not receive a tax refund
734	pursuant to this section for any amount of credit, refund, or
735	exemption granted such contractor for any of such taxes. If a
736	refund for such taxes is provided by the office, which taxes are
737	subsequently adjusted by the application of any credit, refund,
738	or exemption granted to the qualified applicant other than that
739	provided in this section, the qualified applicant shall
740	reimburse the Economic Development Trust Fund for the amount of
741	such credit, refund, or exemption. A qualified applicant must
742	notify and tender payment to the office within 20 days after
743	receiving a credit, refund, or exemption, other than that
744	provided in this section.
745	(3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
746	DETERMINATION.--
747	(b) Applications for certification based on the
748	consolidation of a Department of Defense contract or a new
749	Department of Defense contract must be submitted to the office
750	as prescribed by the office and must include, but are not
751	limited to, the following information:
752	1. The applicant's federal employer identification number,
753	the applicant's Florida sales tax registration number, and a
754	notarized signature of an officer of the applicant.
755	2. The permanent location of the manufacturing,
756	assembling, fabricating, research, development, or design
757	facility in this state at which the project is or is to be
758	located.
759	3. The Department of Defense contract numbers of the
760	contract to be consolidated, the new Department of Defense
761	contract number, or the "RFP" number of a proposed Department of
762	Defense contract.
763	4. The date the contract was executed or is expected to be
764	executed, and the date the contract is due to expire or is
765	expected to expire.
766	5. The commencement date for project operations under the
767	contract in this state.
768	6. The number of net new full-time equivalent Florida jobs
769	included in the project as of December 31 of each year and the
770	average wage of such jobs.
771	7. The total number of full-time equivalent employees
772	employed by the applicant in this state.
773	8. The percentage of the applicant's gross receipts
774	derived from Department of Defense contracts during the 5
775	taxable years immediately preceding the date the application is
776	submitted.
777	9. The amount of:
778	a. Taxes on sales, use, and other transactions paid
779	pursuant to chapter 212;
780	b. Corporate income taxes paid pursuant to chapter 220;
781	c. Intangible personal property taxes paid pursuant to
782	chapter 199;
783	c.d.Emergency excise taxes paid pursuant to chapter 221;
784	d.e.Excise taxes paid on documents pursuant to chapter
785	201; and
786	e.f.Ad valorem taxes paid
787
788	during the 5 fiscal years immediately preceding the date of the
789	application, and the projected amounts of such taxes to be due
790	in the 3 fiscal years immediately following the date of the
791	application.
792	10. The estimated amount of tax refunds to be claimed for
793	each fiscal year.
794	11. A brief statement concerning the applicant's need for
795	tax refunds, and the proposed uses of such refunds by the
796	applicant.
797	12. A resolution adopted by the county commissioners of
798	the county in which the project will be located, which
799	recommends the applicant be approved as a qualified applicant,
800	and which indicates that the necessary commitments of local
801	financial support for the applicant exist. Prior to the adoption
802	of the resolution, the county commission may review the proposed
803	public or private sources of such support and determine whether
804	the proposed sources of local financial support can be provided
805	or, for any applicant whose project is located in a county
806	designated by the Rural Economic Development Initiative, a
807	resolution adopted by the county commissioners of such county
808	requesting that the applicant's project be exempt from the local
809	financial support requirement.
810	13. Any additional information requested by the office.
811	(c) Applications for certification based on the conversion
812	of defense production jobs to nondefense production jobs must be
813	submitted to the office as prescribed by the office and must
814	include, but are not limited to, the following information:
815	1. The applicant's federal employer identification number,
816	the applicant's Florida sales tax registration number, and a
817	notarized signature of an officer of the applicant.
818	2. The permanent location of the manufacturing,
819	assembling, fabricating, research, development, or design
820	facility in this state at which the project is or is to be
821	located.
822	3. The Department of Defense contract numbers of the
823	contract under which the defense production jobs will be
824	converted to nondefense production jobs.
825	4. The date the contract was executed, and the date the
826	contract is due to expire or is expected to expire, or was
827	canceled.
828	5. The commencement date for the nondefense production
829	operations in this state.
830	6. The number of net new full-time equivalent Florida jobs
831	included in the nondefense production project as of December 31
832	of each year and the average wage of such jobs.
833	7. The total number of full-time equivalent employees
834	employed by the applicant in this state.
835	8. The percentage of the applicant's gross receipts
836	derived from Department of Defense contracts during the 5
837	taxable years immediately preceding the date the application is
838	submitted.
839	9. The amount of:
840	a. Taxes on sales, use, and other transactions paid
841	pursuant to chapter 212;
842	b. Corporate income taxes paid pursuant to chapter 220;
843	c. Intangible personal property taxes paid pursuant to
844	chapter 199;
845	c.d.Emergency excise taxes paid pursuant to chapter 221;
846	d.e.Excise taxes paid on documents pursuant to chapter
847	201; and
848	e.f.Ad valorem taxes paid
849
850	during the 5 fiscal years immediately preceding the date of the
851	application, and the projected amounts of such taxes to be due
852	in the 3 fiscal years immediately following the date of the
853	application.
854	10. The estimated amount of tax refunds to be claimed for
855	each fiscal year.
856	11. A brief statement concerning the applicant's need for
857	tax refunds, and the proposed uses of such refunds by the
858	applicant.
859	12. A resolution adopted by the county commissioners of
860	the county in which the project will be located, which
861	recommends the applicant be approved as a qualified applicant,
862	and which indicates that the necessary commitments of local
863	financial support for the applicant exist. Prior to the adoption
864	of the resolution, the county commission may review the proposed
865	public or private sources of such support and determine whether
866	the proposed sources of local financial support can be provided
867	or, for any applicant whose project is located in a county
868	designated by the Rural Economic Development Initiative, a
869	resolution adopted by the county commissioners of such county
870	requesting that the applicant's project be exempt from the local
871	financial support requirement.
872	13. Any additional information requested by the office.
873	(d) Applications for certification based on a contract for
874	reuse of a defense-related facility must be submitted to the
875	office as prescribed by the office and must include, but are not
876	limited to, the following information:
877	1. The applicant's Florida sales tax registration number
878	and a notarized signature of an officer of the applicant.
879	2. The permanent location of the manufacturing,
880	assembling, fabricating, research, development, or design
881	facility in this state at which the project is or is to be
882	located.
883	3. The business entity holding a valid Department of
884	Defense contract or branch of the Armed Forces of the United
885	States that previously occupied the facility, and the date such
886	entity last occupied the facility.
887	4. A copy of the contract to reuse the facility, or such
888	alternative proof as may be prescribed by the office that the
889	applicant is seeking to contract for the reuse of such facility.
890	5. The date the contract to reuse the facility was
891	executed or is expected to be executed, and the date the
892	contract is due to expire or is expected to expire.
893	6. The commencement date for project operations under the
894	contract in this state.
895	7. The number of net new full-time equivalent Florida jobs
896	included in the project as of December 31 of each year and the
897	average wage of such jobs.
898	8. The total number of full-time equivalent employees
899	employed by the applicant in this state.
900	9. The amount of:
901	a. Taxes on sales, use, and other transactions paid
902	pursuant to chapter 212.
903	b. Corporate income taxes paid pursuant to chapter 220.
904	c. Intangible personal property taxes paid pursuant to
905	chapter 199.
906	c.d.Emergency excise taxes paid pursuant to chapter 221.
907	d.e.Excise taxes paid on documents pursuant to chapter
908	201.
909	e.f.Ad valorem taxes paid during the 5 fiscal years
910	immediately preceding the date of the application, and the
911	projected amounts of such taxes to be due in the 3 fiscal years
912	immediately following the date of the application.
913	10. The estimated amount of tax refunds to be claimed for
914	each fiscal year.
915	11. A brief statement concerning the applicant's need for
916	tax refunds, and the proposed uses of such refunds by the
917	applicant.
918	12. A resolution adopted by the county commissioners of
919	the county in which the project will be located, which
920	recommends the applicant be approved as a qualified applicant,
921	and which indicates that the necessary commitments of local
922	financial support for the applicant exist. Prior to the adoption
923	of the resolution, the county commission may review the proposed
924	public or private sources of such support and determine whether
925	the proposed sources of local financial support can be provided
926	or, for any applicant whose project is located in a county
927	designated by the Rural Economic Development Initiative, a
928	resolution adopted by the county commissioners of such county
929	requesting that the applicant's project be exempt from the local
930	financial support requirement.
931	13. Any additional information requested by the office.
932	Section 22. Paragraph (c) of subsection (2) of section
933	288.106, Florida Statutes, is amended to read:
934	288.106 Tax refund program for qualified target industry
935	businesses.--
936	(2) TAX REFUND; ELIGIBLE AMOUNTS.--
937	(c) After entering into a tax refund agreement under
938	subsection (4), a qualified target industry business may:
939	1. Receive refunds from the account for the following
940	taxes due and paid by that business beginning with the first
941	taxable year of the business which begins after entering into
942	the agreement:
943	a. Corporate income taxes under chapter 220.
944	b. Insurance premium tax under s. 624.509.
945	2. Receive refunds from the account for the following
946	taxes due and paid by that business after entering into the
947	agreement:
948	a. Taxes on sales, use, and other transactions under
949	chapter 212.
950	b. Intangible personal property taxes under chapter 199.
951	b.c.Emergency excise taxes under chapter 221.
952	c.d.Excise taxes on documents under chapter 201.
953	d.e.Ad valorem taxes paid, as defined in s. 220.03(1).
954	Section 23. Paragraph (a) of subsection (2), subsection
955	(3), and subsection (12) of section 376.30781, Florida Statutes,
956	are amended to read:
957	376.30781 Partial tax credits for rehabilitation of
958	drycleaning-solvent-contaminated sites and brownfield sites in
959	designated brownfield areas; application process; rulemaking
960	authority; revocation authority.--
961	(2)(a) A credit in the amount of 35 percent of the costs
962	of voluntary cleanup activity that is integral to site
963	rehabilitation at the following sites is allowed pursuant to s.
964	ss. 199.1055 and220.1845:
965	1. A drycleaning-solvent-contaminated site eligible for
966	state-funded site rehabilitation under s. 376.3078(3);
967	2. A drycleaning-solvent-contaminated site at which
968	cleanup is undertaken by the real property owner pursuant to s.
969	376.3078(11), if the real property owner is not also, and has
970	never been, the owner or operator of the drycleaning facility
971	where the contamination exists; or
972	3. A brownfield site in a designated brownfield area under
973	s. 376.80.
974	(3) The Department of Environmental Protection shall be
975	responsible for allocating the tax credits provided for in s.
976	ss. 199.1055 and220.1845, not to exceed a total of $2 million
977	in tax credits annually.
978	(12) A tax credit applicant who receives state-funded site
979	rehabilitation under s. 376.3078(3) for rehabilitation of a
980	drycleaning-solvent-contaminated site is ineligible to receive a
981	tax credit under s. 199.1055 ors. 220.1845 for costs incurred
982	by the tax credit applicant in conjunction with the
983	rehabilitation of that site during the same time period that
984	state-administered site rehabilitation was underway.
985	Section 24. Subsection (13) of section 493.6102, Florida
986	Statutes, is amended to read:
987	493.6102 Inapplicability of this chapter.--This chapter
988	shall not apply to:
989	(13) Any individual employed as a security officer by a
990	church or ecclesiastical or denominational organization having
991	an established physical place of worship in this state at which
992	nonprofit religious services and activities are regularly
993	conducted or by a church cemetery religious institution as
994	defined in s. 199.183(2)(a) to provide security on the
995	institution property of the organization or cemetery, and who
996	does not carry a firearm in the course of her or his duties.
997	Section 25. Paragraph (a) of subsection (3) of section
998	516.031, Florida Statutes, is amended to read:
999	516.031 Finance charge; maximum rates.--
1000	(3) OTHER CHARGES.--
1001	(a) In addition to the interest, delinquency, and
1002	insurance charges herein provided for, no further or other
1003	charges or amount whatsoever for any examination, service,
1004	commission, or other thing or otherwise shall be directly or
1005	indirectly charged, contracted for, or received as a condition
1006	to the grant of a loan, except:
1007	1. An amount not to exceed $10 to reimburse a portion of
1008	the costs for investigating the character and credit of the
1009	person applying for the loan;
1010	2. An annual fee of $25 on the anniversary date of each
1011	line-of-credit account;
1012	3. Charges paid for brokerage fee on a loan or line of
1013	credit of more than $10,000, title insurance, and the appraisal
1014	of real property offered as security when paid to a third party
1015	and supported by an actual expenditure;
1016	4. Intangible personal property tax on the loan note or
1017	obligation when secured by a lien on real property;
1018	4.5.The documentary excise tax and lawful fees, if any,
1019	actually and necessarily paid out by the licensee to any public
1020	officer for filing, recording, or releasing in any public office
1021	any instrument securing the loan, which fees may be collected
1022	when the loan is made or at any time thereafter;
1023	5.6.The premium payable for any insurance in lieu of
1024	perfecting any security interest otherwise required by the
1025	licensee in connection with the loan, if the premium does not
1026	exceed the fees which would otherwise be payable, which premium
1027	may be collected when the loan is made or at any time
1028	thereafter;
1029	6.7.Actual and reasonable attorney's fees and court costs
1030	as determined by the court in which suit is filed;
1031	7.8.Actual and commercially reasonable expenses of
1032	repossession, storing, repairing and placing in condition for
1033	sale, and selling of any property pledged as security; or
1034	8.9.A delinquency charge not to exceed $10 for each
1035	payment in default for a period of not less than 10 days, if the
1036	charge is agreed upon, in writing, between the parties before
1037	imposing the charge.
1038
1039	Any charges, including interest, in excess of the combined total
1040	of all charges authorized and permitted by this chapter
1041	constitute a violation of chapter 687 governing interest and
1042	usury, and the penalties of that chapter apply. In the event of
1043	a bona fide error, the licensee shall refund or credit the
1044	borrower with the amount of the overcharge immediately but
1045	within 20 days from the discovery of such error.
1046	Section 26. Paragraph (m) of subsection (5) of section
1047	627.311, Florida Statutes, is amended to read:
1048	627.311 Joint underwriters and joint reinsurers; public
1049	records and public meetings exemptions.--
1050	(5)
1051	(m) Each joint underwriting plan or association created
1052	under this section is not a state agency, board, or commission.
1053	However, for the purposes of s. 199.183(1) only,the joint
1054	underwriting plan is a political subdivision of the state andis
1055	exempt from the corporate income tax.
1056	Section 27. Paragraph (j) of subsection (6) of section
1057	627.351, Florida Statutes, is amended to read:
1058	627.351 Insurance risk apportionment plans.--
1059	(6) CITIZENS PROPERTY INSURANCE CORPORATION.--
1060	(j) For the purposes of s. 199.183(1),The corporation
1061	shall be considered a political subdivision of the state and
1062	shall be exempt from the corporate income tax. The premiums,
1063	assessments, investment income, and other revenue of the
1064	corporation are funds received for providing property insurance
1065	coverage as required by this subsection, paying claims for
1066	Florida citizens insured by the corporation, securing and
1067	repaying debt obligations issued by the corporation, and
1068	conducting all other activities of the corporation, and shall
1069	not be considered taxes, fees, licenses, or charges for services
1070	imposed by the Legislature on individuals, businesses, or
1071	agencies outside state government. Bonds and other debt
1072	obligations issued by or on behalf of the corporation are not to
1073	be considered "state bonds" within the meaning of s. 215.58(8).
1074	The corporation is not subject to the procurement provisions of
1075	chapter 287, and policies and decisions of the corporation
1076	relating to incurring debt, levying of assessments and the sale,
1077	issuance, continuation, terms and claims under corporation
1078	policies, and all services relating thereto, are not subject to
1079	the provisions of chapter 120. The corporation is not required
1080	to obtain or to hold a certificate of authority issued by the
1081	office, nor is it required to participate as a member insurer of
1082	the Florida Insurance Guaranty Association. However, the
1083	corporation is required to pay, in the same manner as an
1084	authorized insurer, assessments pledged by the Florida Insurance
1085	Guaranty Association to secure bonds issued or other
1086	indebtedness incurred to pay covered claims arising from insurer
1087	insolvencies caused by, or proximately related to, hurricane
1088	losses. It is the intent of the Legislature that the tax
1089	exemptions provided in this paragraph will augment the financial
1090	resources of the corporation to better enable the corporation to
1091	fulfill its public purposes. Any bonds issued by the
1092	corporation, their transfer, and the income therefrom, including
1093	any profit made on the sale thereof, shall at all times be free
1094	from taxation of every kind by the state and any political
1095	subdivision or local unit or other instrumentality thereof;
1096	however, this exemption does not apply to any tax imposed by
1097	chapter 220 on interest, income, or profits on debt obligations
1098	owned by corporations other than the corporation.
1099	Section 28. Paragraph (b) of subsection (6) of section
1100	650.05, Florida Statutes, is amended to read:
1101	650.05 Plans for coverage of employees of political
1102	subdivisions.--
1103	(6)
1104	(b) The grants-in-aid and other revenue referred to in
1105	paragraph (a) specifically include, but are not limited to,
1106	minimum foundation program grants to public school districts and
1107	community colleges; gasoline, motor fuel, intangible,cigarette,
1108	racing, and insurance premium taxes distributed to political
1109	subdivisions; and amounts specifically appropriated as grants-
1110	in-aid for mental health, mental retardation, and mosquito
1111	control programs.
1112	Section 29. Subsection (1) of section 655.071, Florida
1113	Statutes, is amended to read:
1114	655.071 International banking facilities; definitions;
1115	notice before establishment.--
1116	(1) "International banking facility" means a set of asset
1117	and liability accounts segregated on the books and records of a
1118	banking organization, as that term is defined in s. 201.23
1119	199.023, that includes only international banking facility
1120	deposits, borrowings, and extensions of credit, as those terms
1121	shall be defined by the commission pursuant to subsection (2).
1122	Section 30. Subsections (5) and (6) of section 733.702,
1123	Florida Statutes, are amended to read:
1124	733.702 Limitations on presentation of claims.--
1125	(5) The Department of Revenue may file a claim against the
1126	estate of a decedent for taxes due under chapter 199 after the
1127	expiration of the time for filing claims provided in subsection
1128	(1), if the department files its claim within 30 days after the
1129	service of the inventory. Upon filing of the estate tax return
1130	with the department as provided in s. 198.13, or to the extent
1131	the inventory or estate tax return is amended or supplemented,
1132	the department has the right to file a claim or to amend its
1133	previously filed claim within 30 days after service of the
1134	estate tax return, or an amended or supplemented inventory or
1135	filing of an amended or supplemental estate tax return, as to
1136	the additional information disclosed.
1137	(5)(6)Nothing in this section shall extend the
1138	limitations period set forth in s. 733.710.
1139	Section 31. Paragraph (a) of subsection (1) of section
1140	766.105, Florida Statutes, is amended to read:
1141	766.105 Florida Patient's Compensation Fund.--
1142	(1) DEFINITIONS.--The following definitions apply in the
1143	interpretation and enforcement of this section:
1144	(a) The term "fund" means the Florida Patient's
1145	Compensation Fund. The fund is not a state agency, board, or
1146	commission. However, for the purposes of s. 199.183(1) only, the
1147	fund shall be considered a political subdivision of this state.
1148	Section 32. Effective upon this act becoming a law, the
1149	executive director of the Department of Revenue is authorized,
1150	and all conditions are deemed met, to adopt emergency rules
1151	under ss. 120.536(1) and 120.54, Florida Statutes, to implement
1152	chapter 199, Florida Statutes. Notwithstanding any other
1153	provision of law, such emergency rules shall remain effective
1154	for 6 months after the date of adoption and may be renewed
1155	during the pendency of procedures to adopt rules addressing the
1156	subject of the emergency rules.
1157	Section 33. Except as otherwise provided herein, this act
1158	shall take effect January 1, 2007.