Senate Bill sb0096

    Florida Senate - 2004                                    SB 96

    By Senator Alexander





    17-282-04

  1                      A bill to be entitled

  2         An act relating to the Department of Citrus;

  3         amending s. 601.155, F.S.; requiring the

  4         department to develop a process for persons

  5         liable for the equalizing excise tax to elect

  6         to not pay a portion of the tax; providing for

  7         the dismissal of certain claims; providing an

  8         effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Present subsections (10) and (11) of

13  section 601.155, Florida Statutes, are redesignated as

14  subsections (11) and (12), respectively, and a new subsection

15  (10) is added to that section, to read:

16         601.155  Equalizing excise tax; credit; exemption.--

17         (10)  Notwithstanding any other provision of law, the

18  Department of Citrus shall develop a process by which any

19  person liable for the excise tax imposed under this section

20  may annually object to payment of the tax. Any such objection

21  must be allowed without discretion as to the validity thereof

22  and that person shall be granted the immediate right to elect

23  not to pay two-thirds of the applicable tax rate. Effective

24  July 1, 2004, upon any necessary legislative appropriation of

25  moneys due under the settlement agreement of Consolidated Case

26  No. 2002-CA-4686 in the Circuit Court of the Tenth Judicial

27  Circuit in Polk County, the plaintiffs shall agree to the

28  dismissal of their claim under the foreign commerce clause

29  with prejudice.

30         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                    SB 96
    17-282-04




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 2                          SENATE SUMMARY

 3    Provides for persons liable for payment of the equalizing
      excise tax under the Florida Citrus Code to elect to not
 4    pay two-thirds of that tax each year.

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