Senate Bill sb2348

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    Florida Senate - 2005                                  SB 2348

    By Senators Haridopolos, Wise, Peaden, Argenziano, Lynn,
    Fasano, Dockery, Sebesta, Baker, Bennett, Constantine,
    Atwater, Campbell, Saunders, Posey and Webster



    26-1007-05

  1                      A bill to be entitled

  2         An act relating to the tax on intangible

  3         personal property; amending s. 199.032, F.S.;

  4         reducing the annual rate of the tax; amending

  5         s. 199.202, F.S.; authorizing the executive

  6         director of the Department of Revenue to adopt

  7         emergency rules; providing for the future

  8         repeal of ss. 199.012, 199.032, 199.033,

  9         199.042, 199.052, 199.057, 199.062, 199.103,

10         199.1055, 199.106, 199.175, and 199.185, F.S.,

11         which provide for annual taxes on intangible

12         personal property; amending ss. 192.032,

13         192.042, 192.091, 193.114, 196.015, 196.199,

14         196.1993, 199.023, 199.183, 199.303, 201.23,

15         212.02, 213.053, 213.054, 213.27, 215.555,

16         220.1845, 288.039, 288.1045, 288.106,

17         376.30781, 493.6102, 516.031, 627.311, 627.351,

18         650.05, 655.071, 733.702, and 766.105, F.S.,

19         conforming provisions; providing effective

20         dates.

21  

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

23  

24         Section 1.  Section 199.032, Florida Statutes, is

25  amended to read:

26         199.032  Levy of annual tax.--Beginning January 1,

27  2006, an annual tax of 0.5 1 mill is imposed on each dollar of

28  the just valuation of all intangible personal property that

29  has a taxable situs in this state, except for notes and other

30  obligations for the payment of money, other than bonds, which

31  are secured by mortgage, deed of trust, or other lien upon

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 1  real property situated in the state. This tax shall be

 2  assessed and collected as provided in this chapter.

 3         Section 2.  Section 199.202, Florida Statutes, is

 4  amended to read:

 5         199.202  Administration of law; rules.--

 6         (1)  The department shall administer and enforce the

 7  assessment and collection of the taxes, interest, and

 8  penalties imposed by this chapter. It may by rule prescribe

 9  the form and content of all returns and reports. It has

10  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

11  to enforce the provisions of this chapter.

12         (2)  The executive director of the department may adopt

13  emergency rules under ss. 120.536(1) and 120.54 to administer

14  this chapter. The Legislature declares that all conditions to

15  adopting such emergency rules under those provisions have been

16  met. Notwithstanding any other law, such emergency rules shall

17  remain in effect for 6 months after the date of their adoption

18  and may be renewed during the pendency of procedures to adopt

19  rules addressing the subject of the emergency rules.

20         Section 3.  Effective January 1, 2007, sections

21  199.012, 199.032, 199.033, 199.042, 199.052, 199.057, 199.062,

22  199.103, 199.1055, 199.106, 199.175, and 199.185, Florida

23  Statutes, are repealed.

24         Section 4.  Effective January 1, 2007, subsection (5)

25  of section 192.032, Florida Statutes, is repealed.

26         Section 5.  Effective January 1, 2007, subsection (3)

27  of section 192.042, Florida Statutes, is repealed.

28         Section 6.  Effective January 1, 2007, subsections (5)

29  and (6) of section 192.091, Florida Statutes, are amended to

30  read:

31  

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 1         192.091  Commissions of property appraisers and tax

 2  collectors.--

 3         (5)  Provided, that the provisions of This section does

 4  shall not apply to commissions on intangible property taxes or

 5  drainage district or drainage subdistrict taxes.; and

 6         (6)  If a Provided, further, that where any property

 7  appraiser or tax collector in the state is receiving

 8  compensation for expenses in conducting his or her office or

 9  by way of salary pursuant to any act of the Legislature other

10  than the general law fixing compensation of property

11  appraisers, the such property appraiser or tax collector may

12  file a declaration in writing with the board of county

13  commissioners of his or her county electing to come under the

14  provisions of this section, and thereupon the such property

15  appraiser or tax collector shall be paid compensation in

16  accordance with this section the provisions hereof, and shall

17  not be entitled to the benefit of the said special or local

18  act. If the such property appraiser or tax collector does not

19  so elect, he or she shall continue to be paid such

20  compensation as is may now be provided by law for such a

21  property appraiser or tax collector.

22         Section 7.  Effective January 1, 2007, subsection (4)

23  of section 193.114, Florida Statutes, is repealed.

24         Section 8.  Effective January 1, 2007, subsection (9)

25  of section 196.015, Florida Statutes, is repealed.

26         Section 9.  Effective January 1, 2007, paragraph (b) of

27  subsection (2) of section 196.199, Florida Statutes, is

28  amended to read:

29         196.199  Government property exemption.--

30  

31  

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 1         (2)  Property owned by the following governmental units

 2  but used by nongovernmental lessees shall only be exempt from

 3  taxation under the following conditions:

 4         (b)  Except as provided in paragraph (c), the exemption

 5  provided by this subsection shall not apply to those portions

 6  of a leasehold or other possessory interest in real property,

 7  except as described in s. 199.023(2)(d) defined by s.

 8  199.023(1)(d), subject to the provisions of subsection (7).

 9  Such leasehold or other interest shall be taxed only as

10  intangible personal property pursuant to chapter 199 if rental

11  payments are due in consideration of such leasehold or other

12  interest.  If no rental payments are due pursuant to the

13  agreement creating such leasehold or other interest, the

14  leasehold or other interest shall be taxed as real property.

15  Nothing in This paragraph does not shall be deemed to exempt

16  personal property, buildings, or other real property

17  improvements owned by the lessee from ad valorem taxation.

18         Section 10.  Effective January 1, 2007, section

19  196.1993, Florida Statutes, is amended to read:

20         196.1993  Certain agreements with local governments for

21  use of public property; exemption.--Any agreement entered into

22  with a local governmental authority prior to January 1, 1969,

23  for use of public property, under which it was understood and

24  agreed in a written instrument or by special act that no ad

25  valorem real property taxes would be paid by the licensee or

26  lessee, shall be deemed a license or management agreement for

27  the use or management of public property. Such interest shall

28  be deemed not to convey an interest in the property and shall

29  not be subject to ad valorem real property taxation.  Nothing

30  in this section shall be deemed to exempt such licensee from

31  

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 1  the ad valorem intangible tax and the ad valorem personal

 2  property tax.

 3         Section 11.  Effective January 1, 2007, section

 4  199.023, Florida Statutes, is amended to read:

 5         199.023  Definitions.--As used in this chapter, the

 6  term:

 7         (1)  "Department" means the Department of Revenue.

 8         (2)(1)  "Intangible personal property" means all

 9  personal property which is not in itself intrinsically

10  valuable, but which derives its chief value from that which it

11  represents, including, but not limited to, the following:

12         (a)  All stocks or shares of incorporated or

13  unincorporated companies, business trusts, and mutual funds.

14         (b)  All notes, bonds, and other obligations for the

15  payment of money.

16         (c)  All condominium and cooperative apartment leases

17  of recreation facilities, land leases, and leases of other

18  commonly used facilities.

19         (d)  Except for any leasehold or other possessory

20  interest described in s. 4(a), Art. VII of the State

21  Constitution or s. 196.199(7), all leasehold or other

22  possessory interests in real property owned by the United

23  States, the state, any political subdivision of the state, any

24  municipality of the state, or any agency, authority, and other

25  public body corporate of the state, which are undeveloped or

26  predominantly used for residential or commercial purposes and

27  upon which rental payments are due.

28         (2)  "Money" includes, without limitation, United

29  States legal tender, certificates of deposit, cashier's and

30  certified checks, bills of exchange, drafts, the cash

31  equivalent of annuities and life insurance policies, and

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 1  similar instruments, which are held by a taxpayer, or

 2  deposited with or held by a banking organization or any other

 3  person.

 4         (3)  "Person" means any individual, firm, partnership,

 5  joint adventure, syndicate, or other group or combination

 6  acting as a unit, association, corporation, estate, trust,

 7  business trust, trustee, personal representative, receiver, or

 8  other fiduciary and includes the plural as well as the

 9  singular.

10         (4)  "Taxpayer" means any person liable for taxes

11  imposed under this chapter and the heirs, successors,

12  assignees, and transferees of any such person.

13         (5)  "Department" means the Department of Revenue.

14         (6)  "In the state" means within the exterior limits of

15  Florida.

16         (7)  A resident has a "beneficial interest" in a trust

17  if the resident has a vested interest, even if subject to

18  divestment, which includes at least a current right to income

19  and either a power to revoke the trust or a general power of

20  appointment, as defined in 26 U.S.C. s. 2041(b)(1).

21         (8)  "Affiliated group" means one or more chains of

22  corporations or limited liability companies connected through

23  stock ownership or membership interest in a limited liability

24  company with a common parent corporation or limited liability

25  company, for which:

26         (a)  Stock or membership interest in a limited

27  liability company possessing at least 80 percent of the voting

28  power of all classes of stock or membership interest in a

29  limited liability company and at least 80 percent of each

30  class of the nonvoting stock or membership interest in a

31  limited liability company of each corporation or limited

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 1  liability company, except for the common parent corporation or

 2  limited liability company, is owned directly by one or more of

 3  the other corporations or limited liability companies; and

 4         (b)  The common parent corporation or limited liability

 5  company directly owns stock or membership interest in a

 6  limited liability company possessing at least 80 percent of

 7  the voting power of all classes of stock or membership

 8  interest in a limited liability company and at least 80

 9  percent of each class of the nonvoting stock or membership

10  interest in a limited liability company of at least one of the

11  other corporations or limited liability companies.

12  

13  As used in this subsection, the terms "nonvoting stock" and

14  "membership interest in a limited liability company" do not

15  include nonvoting stock or membership interest in a limited

16  liability company which is limited and preferred as to

17  dividends. For purposes of this chapter, a common parent may

18  be a corporation or a limited liability company.

19         (9)  "Banking organization" means:

20         (a)  A bank organized and existing under the laws of

21  this state;

22         (b)  A national bank organized and existing pursuant to

23  the provisions of the National Bank Act, 12 U.S.C. ss. 21 et

24  seq., and maintaining its principal office in this state;

25         (c)  An Edge Act corporation organized pursuant to the

26  provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C.

27  ss. 611 et seq., and maintaining an office in this state;

28         (d)  An international bank agency licensed pursuant to

29  the laws of this state;

30  

31  

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 1         (e)  A federal agency licensed pursuant to ss. 4 and 5

 2  of the International Banking Act of 1978 to maintain an office

 3  in this state;

 4         (f)  A savings association organized and existing under

 5  the laws of this state;

 6         (g)  A federal association organized and existing

 7  pursuant to the provisions of the Home Owners' Loan Act of

 8  1933, 12 U.S.C. ss. 1461 et seq., and maintaining its

 9  principal office in this state; or

10         (h)  A Florida export finance corporation organized and

11  existing pursuant to the provisions of part V of chapter 288.

12         (10)  "International banking facility" means a set of

13  asset and liability accounts segregated on the books and

14  records of a banking organization that includes only

15  international banking facility deposits, borrowings, and

16  extensions of credit as those terms are defined pursuant to s.

17  655.071(2).

18         (11)  "International banking transaction" means:

19         (a)  The financing of the exportation from, or the

20  importation into, the United States or between jurisdictions

21  abroad of tangible personal property or services;

22         (b)  The financing of the production, preparation,

23  storage, or transportation of tangible personal property or

24  services which are identifiable as being directly and solely

25  for export from, or import into, the United States or between

26  jurisdictions abroad;

27         (c)  The financing of contracts, projects, or

28  activities to be performed substantially abroad, except those

29  transactions secured by a mortgage, deed of trust, or other

30  lien upon real property located in the state;

31  

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 1         (d)  The receipt of deposits or borrowings or the

 2  extensions of credit by an international banking facility,

 3  except the loan or deposit of funds secured by mortgage, deed

 4  of trust, or other lien upon real property located in the

 5  state; or

 6         (e)  Entering into foreign exchange trading or hedging

 7  transactions in connection with the activities described in

 8  paragraph (d).

 9         (12)  "Abroad" means in one or more foreign nations; in

10  the colonies, dependencies, possessions, or territories of a

11  foreign nation or of the United States; or in the Commonwealth

12  of Puerto Rico.

13         (13)  "Ministerial function" means an act the

14  performance of which does not involve the use of discretion or

15  judgment.

16         (14)  "Processing activity" means an activity

17  undertaken to administer or service intangible personal

18  property in accordance with such terms, guidelines, criteria,

19  or directions as are provided solely by the owner of the

20  property. Methods, systems, or techniques chosen by the

21  processor to implement such terms, guidelines, criteria, or

22  directions are not considered the exercise of management or

23  control.

24         Section 12.  Effective January 1, 2007, section

25  199.183, Florida Statutes, is amended to read:

26         199.183  Taxpayers exempt from annual and nonrecurring

27  taxes.--

28         (1)  Intangible personal property owned by this state

29  or any of its political subdivisions or municipalities shall

30  be exempt from taxation under this chapter. This exemption

31  does not apply to:

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 1         (a)  Any leasehold or other interest that is described

 2  in s. 199.023(1)(d).

 3         (b)  property related to the provision of two-way

 4  telecommunications services to the public for hire by the use

 5  of a telecommunications facility, as defined in s. 364.02(14),

 6  and for which a certificate is required under chapter 364,

 7  when such service is provided by any county, municipality, or

 8  other political subdivision of the state. Any immunity of any

 9  political subdivision of the state or other entity of local

10  government from taxation of the property used to provide

11  telecommunication services that is taxed as a result of this

12  paragraph is hereby waived. However, intangible personal

13  property related to the provision of such telecommunications

14  services provided by the operator of a public-use airport, as

15  defined in s. 332.004, for the operator's provision of

16  telecommunications services for the airport or its tenants,

17  concessionaires, or licensees, and intangible personal

18  property related to the provision of such telecommunications

19  services provided by a public hospital, are exempt from

20  taxation under this chapter.

21         (2)  Intangible personal property owned by nonprofit

22  religious, nonprofit educational, or nonprofit charitable

23  institutions shall be exempt from taxation under this chapter.

24  This exemption shall be strictly defined, limited, and applied

25  in each category as follows:

26         (a)  "Religious institutions" means churches and

27  ecclesiastical or denominational organizations having

28  established physical places for worship in this state at which

29  nonprofit religious services and activities are regularly

30  conducted, as well as church cemeteries.

31         (b)  "Educational institutions" means only:

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 1         1.  Public or nonprofit private schools, colleges, or

 2  universities conducting regular classes and courses of study

 3  required for accreditation by, or membership in, the Southern

 4  Association of Colleges and Schools, Department of Education,

 5  or the Florida Council of Independent Schools; or

 6         2.  Nonprofit libraries, art galleries, and museums

 7  open to the public.

 8         (c)  "Charitable institutions" means only:

 9         1.  Nonprofit corporations operating physical

10  facilities in this state at which are provided charitable

11  services, a reasonable percentage of which shall be without

12  cost to those unable to pay; or

13         2.  Those institutions qualified as charitable under s.

14  501(c)(3) of the United States Internal Revenue Code of 1954.

15  

16  Intangible personal property shall not be deemed to be owned

17  by such exempt institutions if it is held in a trust of any

18  kind under which the institution has no present interest in

19  the trust principal except the right to compel the performance

20  of the trust agreement.

21         (3)  Every national bank having its principal place of

22  business in another state, but operating a credit card credit

23  application processing, customer service, or collection

24  operation in this state, that is not considered a bank under

25  the provisions of 12 U.S.C. s. 1841(c)(2)(F), is exempt from

26  paying the tax imposed by this chapter on credit card

27  receivables owed to the bank by credit card holders domiciled

28  outside this state.

29         (4)  Intangible personal property that is owned,

30  managed, or controlled by a trustee of a trust is exempt from

31  annual tax under this chapter. This exemption does not exempt

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 1  from annual tax a resident of this state who has a taxable

 2  beneficial interest, as defined in s. 199.023, in a trust.

 3         Section 13.  Effective January 1, 2007, subsection (3)

 4  is added to section 199.303, Florida Statutes, to read:

 5         199.303  Declaration of legislative intent.--

 6         (3)  All annual intangible personal property taxes

 7  imposed under this chapter for the calendar years 2006 and

 8  prior years shall remain in full force and effect for the year

 9  in which the tax was due for the purposes specified in s.

10  95.091. The department shall continue to assess and collect

11  all taxes due to the state under these provisions for all

12  periods available for assessment, as provided for the year in

13  which tax was due under s. 95.091.

14         Section 14.  Effective January 1, 2007, subsection (4)

15  of section 201.23, Florida Statutes, is amended to read:

16         201.23  Foreign notes and other written obligations

17  exempt.--

18         (4)(a)  The excise taxes imposed by this chapter shall

19  not apply to the documents, notes, evidences of indebtedness,

20  financing statements, drafts, bills of exchange, or other

21  taxable items dealt with, made, issued, drawn upon, accepted,

22  delivered, shipped, received, signed, executed, assigned,

23  transferred, or sold by or to a banking organization, as

24  defined in s. 655.071 s. 199.023(9), in the conduct of an

25  international banking transaction, as defined in s.

26  199.023(11).

27         (b)  As used in paragraph (a), the term "international

28  banking transaction" means:

29         1.  The financing of the exportation from or the

30  importation into the United States or between jurisdictions

31  abroad of tangible personal property or services;

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 1         2.  The financing of the production, preparation,

 2  storage, or transportation of tangible personal property or

 3  services that are identifiable as being directly and solely

 4  for export from or import into the United States or between

 5  jurisdictions abroad;

 6         3.  The financing of contracts, projects, or activities

 7  to be performed substantially abroad, except those

 8  transactions secured by a mortgage, deed of trust, or other

 9  lien upon real property located in the state;

10         4.  The receipt of deposits or borrowings or the

11  extension of credit by an international banking facility,

12  except the loan or deposit of funds secured by a mortgage,

13  deed of trust, or other lien upon real property located in the

14  state; or

15         5.  Entering into foreign exchange trading or hedging

16  transactions in connection with the activities described in

17  subparagraph 4.

18  

19  Nothing in This subsection does not shall be construed to

20  change the application of paragraph (2)(a).

21         Section 15.  Effective January 1, 2007, subsection (19)

22  of section 212.02, Florida Statutes, is amended to read:

23         212.02  Definitions.--The following terms and phrases

24  when used in this chapter have the meanings ascribed to them

25  in this section, except where the context clearly indicates a

26  different meaning:

27         (19)  "Tangible personal property" means and includes

28  personal property that can which may be seen, weighed,

29  measured, or touched or is in any manner perceptible to the

30  senses, including electric power or energy, boats, motor

31  vehicles and mobile homes as defined in s. 320.01(1) and (2),

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 1  aircraft as defined in s. 330.27, and all other types of

 2  vehicles.  The term "tangible personal property" does not

 3  include stocks, bonds, notes, insurance, or other obligations

 4  or securities,; intangibles as defined by the intangible tax

 5  law of the state; or pari-mutuel tickets sold or issued under

 6  the racing laws of the state.

 7         Section 16.  Effective January 1, 2007, subsection (4),

 8  paragraphs (k) and (p) of subsection (7), and paragraph (a) of

 9  subsection (14) of section 213.053, Florida Statutes, are

10  amended to read:

11         213.053  Confidentiality and information sharing.--

12         (4)  Nothing contained in This section does not shall

13  prevent the department from publishing statistics so

14  classified as to prevent the identification of particular

15  accounts, reports, declarations, or returns or prevent the

16  department from disclosing to the Chief Financial Officer the

17  names and addresses of those taxpayers who have claimed an

18  exemption pursuant to s. 199.185(1)(i) or a deduction pursuant

19  to s. 220.63(5).

20         (7)  Notwithstanding any other provision of this

21  section, the department may provide:

22         (k)1.  Payment information relative to chapters 199,

23  201, 212, 220, 221, and 624 to the Office of Tourism, Trade,

24  and Economic Development, or its employees or agents that are

25  identified in writing by the office to the department, in the

26  administration of the tax refund program for qualified defense

27  contractors authorized by s. 288.1045 and the tax refund

28  program for qualified target industry businesses authorized by

29  s. 288.106.

30         2.  Information relative to tax credits taken by a

31  business under s. 220.191 and exemptions or tax refunds

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 1  received by a business under s. 212.08(5)(j) to the Office of

 2  Tourism, Trade, and Economic Development, or its employees or

 3  agents that are identified in writing by the office to the

 4  department, in the administration and evaluation of the

 5  capital investment tax credit program authorized in s. 220.191

 6  and the semiconductor, defense, and space tax exemption

 7  program authorized in s. 212.08(5)(j).

 8         (p)  Information relative to ss. 199.1055, 220.1845,

 9  and 376.30781 to the Department of Environmental Protection in

10  the conduct of its official business.

11  

12  Disclosure of information under this subsection shall be

13  pursuant to a written agreement between the executive director

14  and the agency.  Such agencies, governmental or

15  nongovernmental, shall be bound by the same requirements of

16  confidentiality as the Department of Revenue.  Breach of

17  confidentiality is a misdemeanor of the first degree,

18  punishable as provided by s. 775.082 or s. 775.083.

19         (14)(a)  Notwithstanding any other provision of this

20  section, the department shall, subject to the safeguards

21  specified in paragraph (c), disclose to the Division of

22  Corporations of the Department of State the name, address,

23  federal employer identification number, and duration of tax

24  filings with this state of all corporate or partnership

25  entities which are not on file or have a dissolved status with

26  the Division of Corporations and which have filed tax returns

27  pursuant to either chapter 199 or chapter 220.

28         Section 17.  Effective January 1, 2007, section

29  213.054, Florida Statutes, is amended to read:

30         213.054  Persons claiming tax exemptions or deductions;

31  annual report.--The Department of Revenue shall be responsible

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 1  for monitoring the utilization of tax exemptions and tax

 2  deductions authorized pursuant to chapter 81-179, Laws of

 3  Florida.  On or before September 1 of each year, the

 4  department shall report to the Chief Financial Officer the

 5  names and addresses of all persons who have claimed an

 6  exemption pursuant to s. 199.185(1)(i) or a deduction pursuant

 7  to s. 220.63(5).

 8         Section 18.  Effective January 1, 2007, section 213.27,

 9  Florida Statutes, is amended to read:

10         213.27  Contracts with debt collection agencies and

11  certain vendors.--

12         (1)  The Department of Revenue may, for the purpose of

13  collecting any delinquent taxes due from a taxpayer, including

14  taxes for which a bill or notice has been generated, contract

15  with any debt collection agency or attorney doing business

16  within or without this state for the collection of such

17  delinquent taxes including penalties and interest thereon. The

18  department may also share confidential information pursuant to

19  the contract necessary for the collection of delinquent taxes

20  and taxes for which a billing or notice has been generated.

21  Contracts will be made pursuant to chapter 287.  The taxpayer

22  must be notified by mail by the department, its employees, or

23  its authorized representative 30 days prior to commencing any

24  litigation to recover any delinquent taxes.  The taxpayer must

25  be notified by mail by the department 30 days prior to the

26  department assigning the collection of any taxes to the debt

27  collection agency.

28         (2)  The department may enter into contracts with any

29  individual or business for the purpose of identifying

30  intangible personal property tax liability.  Contracts may

31  provide for the identification of assets subject to the tax on

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 1  intangible personal property, the determination of value of

 2  such property, the requirement for filing a tax return and the

 3  collection of taxes due, including applicable penalties and

 4  interest thereon. The department may share confidential

 5  information pursuant to the contract necessary for the

 6  identification of taxable intangible personal property.

 7  Contracts shall be made pursuant to chapter 287.  The taxpayer

 8  must be notified by mail by the department 30 days prior to

 9  the department assigning identification of intangible personal

10  property to an individual or business.

11         (2)(3)  Any contract may provide, in the discretion of

12  the executive director of the Department of Revenue, the

13  manner in which the compensation for such services will be

14  paid.  Under standards established by the department, such

15  compensation shall be added to the amount of the tax and

16  collected as a part thereof by the agency or deducted from the

17  amount of tax, penalty, and interest actually collected.

18         (3)(4)  All funds collected under the terms of the

19  contract, less the fees provided in the contract, shall be

20  remitted to the department within 30 days from the date of

21  collection from a taxpayer.  Forms to be used for such purpose

22  shall be prescribed by the department.

23         (4)(5)  The department shall require a bond from the

24  debt collection agency or the individual or business

25  contracted with under subsection (2) not in excess of $100,000

26  guaranteeing compliance with the terms of the contract.

27  However, a bond of $10,000 is required from a debt collection

28  agency if the agency does not actually collect and remit

29  delinquent funds to the department.

30         (5)(6)  The department may, for the purpose of

31  ascertaining the amount of or collecting any taxes due from a

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 1  person doing mail order business in this state, contract with

 2  any auditing agency doing business within or without this

 3  state for the purpose of conducting an audit of such mail

 4  order business; however, such audit agency may not conduct an

 5  audit on behalf of the department of any person domiciled in

 6  this state, person registered for sales and use tax purposes

 7  in this state, or corporation filing a Florida corporate tax

 8  return, if any such person or corporation objects to such

 9  audit in writing to the department and the auditing agency.

10  The department shall notify the taxpayer by mail at least 30

11  days before the department assigns the collection of such

12  taxes.

13         (6)(7)  Confidential information shared by the

14  department with debt collection or auditing agencies or

15  individuals or businesses with which the department has

16  contracted under subsection (2) is exempt from the provisions

17  of s. 119.07(1), and debt collection or auditing agencies are

18  and individuals or businesses with which the department has

19  contracted under subsection (2) shall be bound by the same

20  requirements of confidentiality as the Department of Revenue.

21  Breach of confidentiality is a misdemeanor of the first

22  degree, punishable as provided by ss. 775.082 and 775.083.

23         (7)(8)(a)  The executive director of the department may

24  enter into contracts with private vendors to develop and

25  implement systems to enhance tax collections where

26  compensation to the vendors is funded through increased tax

27  collections.  The amount of compensation paid to a vendor

28  shall be based on a percentage of increased tax collections

29  attributable to the system after all administrative and

30  judicial appeals are exhausted, and the total amount of

31  

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 1  compensation paid to a vendor shall not exceed the maximum

 2  amount stated in the contract.

 3         (b)  A person acting on behalf of the department under

 4  a contract authorized by this subsection does not exercise any

 5  of the powers of the department, except that the person is an

 6  agent of the department for the purposes of developing and

 7  implementing a system to enhance tax collection.

 8         (c)  Disclosure of information under this subsection

 9  shall be pursuant to a written agreement between the executive

10  director and the private vendors. The vendors shall be bound

11  by the same requirements of confidentiality as the department.

12  Breach of confidentiality is a misdemeanor of the first

13  degree, punishable as provided in s. 775.082 or s. 775.083.

14         Section 19.  Effective January 1, 2007, paragraph (d)

15  of subsection (6) of section 215.555, Florida Statutes, is

16  amended to read:

17         215.555  Florida Hurricane Catastrophe Fund.--

18         (6)  REVENUE BONDS.--

19         (d)  Florida Hurricane Catastrophe Fund Finance

20  Corporation.--

21         1.  In addition to the findings and declarations in

22  subsection (1), the Legislature also finds and declares that:

23         a.  The public benefits corporation created under this

24  paragraph will provide a mechanism necessary for the

25  cost-effective and efficient issuance of bonds. This mechanism

26  will eliminate unnecessary costs in the bond issuance process,

27  thereby increasing the amounts available to pay reimbursement

28  for losses to property sustained as a result of hurricane

29  damage.

30         b.  The purpose of such bonds is to fund reimbursements

31  through the Florida Hurricane Catastrophe Fund to pay for the

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 1  costs of construction, reconstruction, repair, restoration,

 2  and other costs associated with damage to properties of

 3  policyholders of covered policies due to the occurrence of a

 4  hurricane.

 5         c.  The efficacy of the financing mechanism will be

 6  enhanced by the corporation's ownership of the assessments, by

 7  the insulation of the assessments from possible bankruptcy

 8  proceedings, and by covenants of the state with the

 9  corporation's bondholders.

10         2.a.  There is created a public benefits corporation,

11  which is an instrumentality of the state, to be known as the

12  Florida Hurricane Catastrophe Fund Finance Corporation.

13         b.  The corporation shall operate under a five-member

14  board of directors consisting of the Governor or a designee,

15  the Chief Financial Officer or a designee, the Attorney

16  General or a designee, the director of the Division of Bond

17  Finance of the State Board of Administration, and the senior

18  employee of the State Board of Administration responsible for

19  operations of the Florida Hurricane Catastrophe Fund.

20         c.  The corporation has all of the powers of

21  corporations under chapter 607 and under chapter 617, subject

22  only to the provisions of this subsection.

23         d.  The corporation may issue bonds and engage in such

24  other financial transactions as are necessary to provide

25  sufficient funds to achieve the purposes of this section.

26         e.  The corporation may invest in any of the

27  investments authorized under s. 215.47.

28         f.  There shall be no liability on the part of, and no

29  cause of action shall arise against, any board members or

30  employees of the corporation for any actions taken by them in

31  the performance of their duties under this paragraph.

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 1         3.a.  In actions under chapter 75 to validate any bonds

 2  issued by the corporation, the notice required by s. 75.06

 3  shall be published only in Leon County and in two newspapers

 4  of general circulation in the state, and the complaint and

 5  order of the court shall be served only on the State Attorney

 6  of the Second Judicial Circuit.

 7         b.  The state hereby covenants with holders of bonds of

 8  the corporation that the state will not repeal or abrogate the

 9  power of the board to direct the Office of Insurance

10  Regulation to levy the assessments and to collect the proceeds

11  of the revenues pledged to the payment of such bonds as long

12  as any such bonds remain outstanding unless adequate provision

13  has been made for the payment of such bonds pursuant to the

14  documents authorizing the issuance of such bonds.

15         4.  The bonds of the corporation are not a debt of the

16  state or of any political subdivision, and neither the state

17  nor any political subdivision is liable on such bonds. The

18  corporation does not have the power to pledge the credit, the

19  revenues, or the taxing power of the state or of any political

20  subdivision. The credit, revenues, or taxing power of the

21  state or of any political subdivision shall not be deemed to

22  be pledged to the payment of any bonds of the corporation.

23         5.a.  The property, revenues, and other assets of the

24  corporation; the transactions and operations of the

25  corporation and the income from such transactions and

26  operations; and all bonds issued under this paragraph and

27  interest on such bonds are exempt from taxation by the state

28  and any political subdivision, including the intangibles tax

29  under chapter 199 and the income tax under chapter 220. This

30  exemption does not apply to any tax imposed by chapter 220 on

31  interest, income, or profits on debt obligations owned by

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 1  corporations other than the Florida Hurricane Catastrophe Fund

 2  Finance Corporation.

 3         b.  All bonds of the corporation shall be and

 4  constitute legal investments without limitation for all public

 5  bodies of this state; for all banks, trust companies, savings

 6  banks, savings associations, savings and loan associations,

 7  and investment companies; for all administrators, executors,

 8  trustees, and other fiduciaries; for all insurance companies

 9  and associations and other persons carrying on an insurance

10  business; and for all other persons who are now or may

11  hereafter be authorized to invest in bonds or other

12  obligations of the state and shall be and constitute eligible

13  securities to be deposited as collateral for the security of

14  any state, county, municipal, or other public funds. This

15  sub-subparagraph shall be considered as additional and

16  supplemental authority and shall not be limited without

17  specific reference to this sub-subparagraph.

18         6.  The corporation and its corporate existence shall

19  continue until terminated by law; however, no such law shall

20  take effect as long as the corporation has bonds outstanding

21  unless adequate provision has been made for the payment of

22  such bonds pursuant to the documents authorizing the issuance

23  of such bonds. Upon termination of the existence of the

24  corporation, all of its rights and properties in excess of its

25  obligations shall pass to and be vested in the state.

26         Section 20.  Effective January 1, 2007, section

27  220.1845, Florida Statutes, is amended to read:

28         220.1845  Contaminated site rehabilitation tax

29  credit.--

30         (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

31  

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 1         (a)  A credit in the amount of 35 percent of the costs

 2  of voluntary cleanup activity that is integral to site

 3  rehabilitation at the following sites is available against any

 4  tax due for a taxable year under this chapter:

 5         1.  A drycleaning-solvent-contaminated site eligible

 6  for state-funded site rehabilitation under s. 376.3078(3);

 7         2.  A drycleaning-solvent-contaminated site at which

 8  cleanup is undertaken by the real property owner pursuant to

 9  s. 376.3078(11), if the real property owner is not also, and

10  has never been, the owner or operator of the drycleaning

11  facility where the contamination exists; or

12         3.  A brownfield site in a designated brownfield area

13  under s. 376.80.

14         (b)  A tax credit applicant, or multiple tax credit

15  applicants working jointly to clean up a single site, may not

16  be granted more than $250,000 per year in tax credits for each

17  site voluntarily rehabilitated. Multiple tax credit applicants

18  shall be granted tax credits in the same proportion as their

19  contribution to payment of cleanup costs. Subject to the same

20  conditions and limitations as provided in this section, a

21  municipality, county, or other tax credit applicant which

22  voluntarily rehabilitates a site may receive not more than

23  $250,000 per year in tax credits which it can subsequently

24  transfer subject to the provisions in paragraph (g) (h).

25         (c)  If the credit granted under this section is not

26  fully used in any one year because of insufficient tax

27  liability on the part of the corporation, the unused amount

28  may be carried forward for a period not to exceed 5 years. The

29  carryover credit may be used in a subsequent year when the tax

30  imposed by this chapter for that year exceeds the credit for

31  which the corporation is eligible in that year under this

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 1  section after applying the other credits and unused carryovers

 2  in the order provided by s. 220.02(8). Five years after the

 3  date a credit is granted under this section, such credit

 4  expires and may not be used. However, if during the 5-year

 5  period the credit is transferred, in whole or in part,

 6  pursuant to paragraph (g) (h), each transferee has 5 years

 7  after the date of transfer to use its credit.

 8         (d)  A taxpayer that files a consolidated return in

 9  this state as a member of an affiliated group under s.

10  220.131(1) may be allowed the credit on a consolidated return

11  basis up to the amount of tax imposed upon the consolidated

12  group.

13         (e)  A taxpayer that receives credit under s. 199.1055

14  is ineligible to receive credit under this section in a given

15  tax year.

16         (e)(f)  A tax credit applicant that receives

17  state-funded site rehabilitation under s. 376.3078(3) for

18  rehabilitation of a drycleaning-solvent-contaminated site is

19  ineligible to receive credit under this section for costs

20  incurred by the tax credit applicant in conjunction with the

21  rehabilitation of that site during the same time period that

22  state-administered site rehabilitation was underway.

23         (f)(g)  The total amount of the tax credits which may

24  be granted under this section and s. 199.1055 is $2 million

25  annually.

26         (g)(h)1.  Tax credits that may be available under this

27  section to an entity eligible under s. 376.30781 may be

28  transferred after a merger or acquisition to the surviving or

29  acquiring entity and used in the same manner and with the same

30  limitations.

31  

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 1         2.  The entity or its surviving or acquiring entity as

 2  described in subparagraph 1., may transfer any unused credit

 3  in whole or in units of no less than 25 percent of the

 4  remaining credit. The entity acquiring such credit may use it

 5  in the same manner and with the same limitation as described

 6  in this section. Such transferred credits may not be

 7  transferred again although they may succeed to a surviving or

 8  acquiring entity subject to the same conditions and

 9  limitations as described in this section.

10         3.  If In the event the credit provided for under this

11  section is reduced either as a result of a determination by

12  the Department of Environmental Protection or an examination

13  or audit by the Department of Revenue, such tax deficiency

14  shall be recovered from the first entity, or the surviving or

15  acquiring entity, to have claimed such credit up to the amount

16  of credit taken. Any subsequent deficiencies shall be assessed

17  against any entity acquiring and claiming such credit, or in

18  the case of multiple succeeding entities in the order of

19  credit succession.

20         (h)(i)  In order to encourage completion of site

21  rehabilitation at contaminated sites being voluntarily cleaned

22  up and eligible for a tax credit under this section, the tax

23  credit applicant may claim an additional 10 percent of the

24  total cleanup costs, not to exceed $50,000, in the final year

25  of cleanup as evidenced by the Department of Environmental

26  Protection issuing a "No Further Action" order for that site.

27         (2)  FILING REQUIREMENTS.--Any corporation that wishes

28  to obtain credit under this section must submit with its

29  return a tax credit certificate approving partial tax credits

30  issued by the Department of Environmental Protection under s.

31  376.30781.

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 1         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

 2  FORFEITURE.--

 3         (a)  The Department of Revenue may adopt rules to

 4  prescribe any necessary forms required to claim a tax credit

 5  under this section and to provide the administrative

 6  guidelines and procedures required to administer this section.

 7         (b)  In addition to its existing audit and

 8  investigation authority relating to chapter 199 and this

 9  chapter, the Department of Revenue may perform any additional

10  financial and technical audits and investigations, including

11  examining the accounts, books, or records of the tax credit

12  applicant, which are necessary to verify the site

13  rehabilitation costs included in a tax credit return and to

14  ensure compliance with this section. The Department of

15  Environmental Protection shall provide technical assistance,

16  when requested by the Department of Revenue, on any technical

17  audits performed pursuant to this section.

18         (c)  It is grounds for forfeiture of previously claimed

19  and received tax credits if the Department of Revenue

20  determines, as a result of either an audit or information

21  received from the Department of Environmental Protection, that

22  a taxpayer received tax credits pursuant to this section to

23  which the taxpayer was not entitled. In the case of fraud, the

24  taxpayer shall be prohibited from claiming any future tax

25  credits under this section or s. 199.1055.

26         1.  The taxpayer is responsible for returning forfeited

27  tax credits to the Department of Revenue, and such funds shall

28  be paid into the General Revenue Fund of the state.

29         2.  The taxpayer shall file with the Department of

30  Revenue an amended tax return or such other report as the

31  Department of Revenue prescribes by rule and shall pay any

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 1  required tax within 60 days after the taxpayer receives

 2  notification from the Department of Environmental Protection

 3  pursuant to s. 376.30781 that previously approved tax credits

 4  have been revoked or modified, if uncontested, or within 60

 5  days after a final order is issued following proceedings

 6  involving a contested revocation or modification order.

 7         3.  A notice of deficiency may be issued by the

 8  Department of Revenue at any time within 5 years after the

 9  date the taxpayer receives notification from the Department of

10  Environmental Protection pursuant to s. 376.30781 that

11  previously approved tax credits have been revoked or modified.

12  If a taxpayer fails to notify the Department of Revenue of any

13  change in its tax credit claimed, a notice of deficiency may

14  be issued at any time. In either case, the amount of any

15  proposed assessment set forth in such notice of deficiency

16  shall be limited to the amount of any deficiency resulting

17  under this section from the recomputation of the taxpayer's

18  tax for the taxable year.

19         4.  Any taxpayer that fails to report and timely pay

20  any tax due as a result of the forfeiture of its tax credit is

21  in violation of this section and is subject to applicable

22  penalty and interest.

23         Section 21.  Effective January 1, 2007, paragraph (b)

24  of subsection (2) of section 288.039, Florida Statutes, is

25  amended to read:

26         288.039  Employing and Training our Youths (ENTRY).--

27         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

28         (b)  After entering into an employment/tax refund

29  agreement under subsection (3), an eligible business may

30  receive refunds for the following taxes or fees due and paid

31  by that business:

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 1         1.  Taxes on sales, use, and other transactions under

 2  chapter 212.

 3         2.  Corporate income taxes under chapter 220.

 4         3.  Intangible personal property taxes under chapter

 5  199.

 6         3.4.  Emergency excise taxes under chapter 221.

 7         4.5.  Excise taxes on documents under chapter 201.

 8         5.6.  Ad valorem taxes paid, as defined in s.

 9  220.03(1).

10         6.7.  Insurance premium taxes under s. 624.509.

11         7.8.  Occupational license fees under chapter 205.

12  

13  However, an eligible business may not receive a refund under

14  this section for any amount of credit, refund, or exemption

15  granted to that business for any of such taxes or fees.  If a

16  refund for such taxes or fees is provided by the office, which

17  taxes or fees are subsequently adjusted by the application of

18  any credit, refund, or exemption granted to the eligible

19  business other than as provided in this section, the business

20  shall reimburse the office for the amount of that credit,

21  refund, or exemption.  An eligible business shall notify and

22  tender payment to the office within 20 days after receiving

23  any credit, refund, or exemption other than the one provided

24  in this section.

25         Section 22.  Effective January 1, 2007, paragraph (f)

26  of subsection (2) and paragraphs (b), (c), and (d) of

27  subsection (3) of section 288.1045, Florida Statutes, are

28  amended to read:

29         288.1045  Qualified defense contractor tax refund

30  program.--

31         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

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 1         (f)  After entering into a tax refund agreement

 2  pursuant to subsection (4), a qualified applicant may receive

 3  refunds from the Economic Development Trust Fund for the

 4  following taxes due and paid by the qualified applicant

 5  beginning with the applicant's first taxable year that begins

 6  after entering into the agreement:

 7         1.  Taxes on sales, use, and other transactions paid

 8  pursuant to chapter 212.

 9         2.  Corporate income taxes paid pursuant to chapter

10  220.

11         3.  Intangible personal property taxes paid pursuant to

12  chapter 199.

13         3.4.  Emergency excise taxes paid pursuant to chapter

14  221.

15         4.5.  Excise taxes paid on documents pursuant to

16  chapter 201.

17         5.6.  Ad valorem taxes paid, as defined in s.

18  220.03(1)(a) on June 1, 1996.

19  

20  However, a qualified applicant may not receive a tax refund

21  pursuant to this section for any amount of credit, refund, or

22  exemption granted such contractor for any of such taxes. If a

23  refund for such taxes is provided by the office, which taxes

24  are subsequently adjusted by the application of any credit,

25  refund, or exemption granted to the qualified applicant other

26  than that provided in this section, the qualified applicant

27  shall reimburse the Economic Development Trust Fund for the

28  amount of such credit, refund, or exemption. A qualified

29  applicant must notify and tender payment to the office within

30  20 days after receiving a credit, refund, or exemption, other

31  than that provided in this section.

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 1         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

 2  DETERMINATION.--

 3         (b)  Applications for certification based on the

 4  consolidation of a Department of Defense contract or a new

 5  Department of Defense contract must be submitted to the office

 6  as prescribed by the office and must include, but are not

 7  limited to, the following information:

 8         1.  The applicant's federal employer identification

 9  number, the applicant's Florida sales tax registration number,

10  and a notarized signature of an officer of the applicant.

11         2.  The permanent location of the manufacturing,

12  assembling, fabricating, research, development, or design

13  facility in this state at which the project is or is to be

14  located.

15         3.  The Department of Defense contract numbers of the

16  contract to be consolidated, the new Department of Defense

17  contract number, or the "RFP" number of a proposed Department

18  of Defense contract.

19         4.  The date the contract was executed or is expected

20  to be executed, and the date the contract is due to expire or

21  is expected to expire.

22         5.  The commencement date for project operations under

23  the contract in this state.

24         6.  The number of net new full-time equivalent Florida

25  jobs included in the project as of December 31 of each year

26  and the average wage of such jobs.

27         7.  The total number of full-time equivalent employees

28  employed by the applicant in this state.

29         8.  The percentage of the applicant's gross receipts

30  derived from Department of Defense contracts during the 5

31  

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 1  taxable years immediately preceding the date the application

 2  is submitted.

 3         9.  The amount of:

 4         a.  Taxes on sales, use, and other transactions paid

 5  pursuant to chapter 212;

 6         b.  Corporate income taxes paid pursuant to chapter

 7  220;

 8         c.  Intangible personal property taxes paid pursuant to

 9  chapter 199;

10         c.d.  Emergency excise taxes paid pursuant to chapter

11  221;

12         d.e.  Excise taxes paid on documents pursuant to

13  chapter 201; and

14         e.f.  Ad valorem taxes paid

15  

16  during the 5 fiscal years immediately preceding the date of

17  the application, and the projected amounts of such taxes to be

18  due in the 3 fiscal years immediately following the date of

19  the application.

20         10.  The estimated amount of tax refunds to be claimed

21  for each fiscal year.

22         11.  A brief statement concerning the applicant's need

23  for tax refunds, and the proposed uses of such refunds by the

24  applicant.

25         12.  A resolution adopted by the county commissioners

26  of the county in which the project will be located, which

27  recommends the applicant be approved as a qualified applicant,

28  and which indicates that the necessary commitments of local

29  financial support for the applicant exist. Prior to the

30  adoption of the resolution, the county commission may review

31  the proposed public or private sources of such support and

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 1  determine whether the proposed sources of local financial

 2  support can be provided or, for any applicant whose project is

 3  located in a county designated by the Rural Economic

 4  Development Initiative, a resolution adopted by the county

 5  commissioners of such county requesting that the applicant's

 6  project be exempt from the local financial support

 7  requirement.

 8         13.  Any additional information requested by the

 9  office.

10         (c)  Applications for certification based on the

11  conversion of defense production jobs to nondefense production

12  jobs must be submitted to the office as prescribed by the

13  office and must include, but are not limited to, the following

14  information:

15         1.  The applicant's federal employer identification

16  number, the applicant's Florida sales tax registration number,

17  and a notarized signature of an officer of the applicant.

18         2.  The permanent location of the manufacturing,

19  assembling, fabricating, research, development, or design

20  facility in this state at which the project is or is to be

21  located.

22         3.  The Department of Defense contract numbers of the

23  contract under which the defense production jobs will be

24  converted to nondefense production jobs.

25         4.  The date the contract was executed, and the date

26  the contract is due to expire or is expected to expire, or was

27  canceled.

28         5.  The commencement date for the nondefense production

29  operations in this state.

30  

31  

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 1         6.  The number of net new full-time equivalent Florida

 2  jobs included in the nondefense production project as of

 3  December 31 of each year and the average wage of such jobs.

 4         7.  The total number of full-time equivalent employees

 5  employed by the applicant in this state.

 6         8.  The percentage of the applicant's gross receipts

 7  derived from Department of Defense contracts during the 5

 8  taxable years immediately preceding the date the application

 9  is submitted.

10         9.  The amount of:

11         a.  Taxes on sales, use, and other transactions paid

12  pursuant to chapter 212;

13         b.  Corporate income taxes paid pursuant to chapter

14  220;

15         c.  Intangible personal property taxes paid pursuant to

16  chapter 199;

17         c.d.  Emergency excise taxes paid pursuant to chapter

18  221;

19         d.e.  Excise taxes paid on documents pursuant to

20  chapter 201; and

21         e.f.  Ad valorem taxes paid

22  

23  during the 5 fiscal years immediately preceding the date of

24  the application, and the projected amounts of such taxes to be

25  due in the 3 fiscal years immediately following the date of

26  the application.

27         10.  The estimated amount of tax refunds to be claimed

28  for each fiscal year.

29         11.  A brief statement concerning the applicant's need

30  for tax refunds, and the proposed uses of such refunds by the

31  applicant.

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 1         12.  A resolution adopted by the county commissioners

 2  of the county in which the project will be located, which

 3  recommends the applicant be approved as a qualified applicant,

 4  and which indicates that the necessary commitments of local

 5  financial support for the applicant exist. Prior to the

 6  adoption of the resolution, the county commission may review

 7  the proposed public or private sources of such support and

 8  determine whether the proposed sources of local financial

 9  support can be provided or, for any applicant whose project is

10  located in a county designated by the Rural Economic

11  Development Initiative, a resolution adopted by the county

12  commissioners of such county requesting that the applicant's

13  project be exempt from the local financial support

14  requirement.

15         13.  Any additional information requested by the

16  office.

17         (d)  Applications for certification based on a contract

18  for reuse of a defense-related facility must be submitted to

19  the office as prescribed by the office and must include, but

20  are not limited to, the following information:

21         1.  The applicant's Florida sales tax registration

22  number and a notarized signature of an officer of the

23  applicant.

24         2.  The permanent location of the manufacturing,

25  assembling, fabricating, research, development, or design

26  facility in this state at which the project is or is to be

27  located.

28         3.  The business entity holding a valid Department of

29  Defense contract or branch of the Armed Forces of the United

30  States that previously occupied the facility, and the date

31  such entity last occupied the facility.

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 1         4.  A copy of the contract to reuse the facility, or

 2  such alternative proof as may be prescribed by the office that

 3  the applicant is seeking to contract for the reuse of such

 4  facility.

 5         5.  The date the contract to reuse the facility was

 6  executed or is expected to be executed, and the date the

 7  contract is due to expire or is expected to expire.

 8         6.  The commencement date for project operations under

 9  the contract in this state.

10         7.  The number of net new full-time equivalent Florida

11  jobs included in the project as of December 31 of each year

12  and the average wage of such jobs.

13         8.  The total number of full-time equivalent employees

14  employed by the applicant in this state.

15         9.  The amount of:

16         a.  Taxes on sales, use, and other transactions paid

17  pursuant to chapter 212.

18         b.  Corporate income taxes paid pursuant to chapter

19  220.

20         c.  Intangible personal property taxes paid pursuant to

21  chapter 199.

22         c.d.  Emergency excise taxes paid pursuant to chapter

23  221.

24         d.e.  Excise taxes paid on documents pursuant to

25  chapter 201.

26         e.f.  Ad valorem taxes paid during the 5 fiscal years

27  immediately preceding the date of the application, and the

28  projected amounts of such taxes to be due in the 3 fiscal

29  years immediately following the date of the application.

30         10.  The estimated amount of tax refunds to be claimed

31  for each fiscal year.

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 1         11.  A brief statement concerning the applicant's need

 2  for tax refunds, and the proposed uses of such refunds by the

 3  applicant.

 4         12.  A resolution adopted by the county commissioners

 5  of the county in which the project will be located, which

 6  recommends the applicant be approved as a qualified applicant,

 7  and which indicates that the necessary commitments of local

 8  financial support for the applicant exist. Prior to the

 9  adoption of the resolution, the county commission may review

10  the proposed public or private sources of such support and

11  determine whether the proposed sources of local financial

12  support can be provided or, for any applicant whose project is

13  located in a county designated by the Rural Economic

14  Development Initiative, a resolution adopted by the county

15  commissioners of such county requesting that the applicant's

16  project be exempt from the local financial support

17  requirement.

18         13.  Any additional information requested by the

19  office.

20         Section 23.  Effective January 1, 2007, paragraph (c)

21  of subsection (2) of section 288.106, Florida Statutes, is

22  amended to read:

23         288.106  Tax refund program for qualified target

24  industry businesses.--

25         (2)  TAX REFUND; ELIGIBLE AMOUNTS.--

26         (c)  After entering into a tax refund agreement under

27  subsection (4), a qualified target industry business may:

28         1.  Receive refunds from the account for the following

29  taxes due and paid by that business beginning with the first

30  taxable year of the business which begins after entering into

31  the agreement:

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 1         a.  Corporate income taxes under chapter 220.

 2         b.  Insurance premium tax under s. 624.509.

 3         2.  Receive refunds from the account for the following

 4  taxes due and paid by that business after entering into the

 5  agreement:

 6         a.  Taxes on sales, use, and other transactions under

 7  chapter 212.

 8         b.  Intangible personal property taxes under chapter

 9  199.

10         b.c.  Emergency excise taxes under chapter 221.

11         c.d.  Excise taxes on documents under chapter 201.

12         d.e.  Ad valorem taxes paid, as defined in s.

13  220.03(1).

14         Section 24.  Effective January 1, 2007, paragraph (a)

15  of subsection (2) and subsections (3) and (12) of section

16  376.30781, Florida Statutes, are amended to read:

17         376.30781  Partial tax credits for rehabilitation of

18  drycleaning-solvent-contaminated sites and brownfield sites in

19  designated brownfield areas; application process; rulemaking

20  authority; revocation authority.--

21         (2)(a)  A credit in the amount of 35 percent of the

22  costs of voluntary cleanup activity that is integral to site

23  rehabilitation at the following sites is allowed pursuant to

24  s. ss. 199.1055 and 220.1845:

25         1.  A drycleaning-solvent-contaminated site eligible

26  for state-funded site rehabilitation under s. 376.3078(3);

27         2.  A drycleaning-solvent-contaminated site at which

28  cleanup is undertaken by the real property owner pursuant to

29  s. 376.3078(11), if the real property owner is not also, and

30  has never been, the owner or operator of the drycleaning

31  facility where the contamination exists; or

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 1         3.  A brownfield site in a designated brownfield area

 2  under s. 376.80.

 3         (3)  The Department of Environmental Protection shall

 4  be responsible for allocating the tax credits provided for in

 5  s. ss. 199.1055 and 220.1845, not to exceed a total of $2

 6  million in tax credits annually.

 7         (12)  A tax credit applicant who receives state-funded

 8  site rehabilitation under s. 376.3078(3) for rehabilitation of

 9  a drycleaning-solvent-contaminated site is ineligible to

10  receive a tax credit under s. 199.1055 or s. 220.1845 for

11  costs incurred by the tax credit applicant in conjunction with

12  the rehabilitation of that site during the same time period

13  that state-administered site rehabilitation was underway.

14         Section 25.  Effective January 1, 2007, subsection (13)

15  of section 493.6102, Florida Statutes, is amended to read:

16         493.6102  Inapplicability of this chapter.--This

17  chapter shall not apply to:

18         (13)  Any individual employed as a security officer by

19  a church or ecclesiastical or denominational organization

20  having an established physical place of worship in this state

21  at which nonprofit religious services and activities are

22  regularly conducted or by a church cemetery religious

23  institution as defined in s. 199.183(2)(a) to provide security

24  on the institution property of the organization or cemetery,

25  and who does not carry a firearm in the course of her or his

26  duties.

27         Section 26.  Effective January 1, 2007, paragraph (a)

28  of subsection (3) of section 516.031, Florida Statutes, is

29  amended to read:

30         516.031  Finance charge; maximum rates.--

31         (3)  OTHER CHARGES.--

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 1         (a)  In addition to the interest, delinquency, and

 2  insurance charges herein provided for, no further or other

 3  charges or amount whatsoever for any examination, service,

 4  commission, or other thing or otherwise shall be directly or

 5  indirectly charged, contracted for, or received as a condition

 6  to the grant of a loan, except:

 7         1.  An amount not to exceed $10 to reimburse a portion

 8  of the costs for investigating the character and credit of the

 9  person applying for the loan;

10         2.  An annual fee of $25 on the anniversary date of

11  each line-of-credit account;

12         3.  Charges paid for brokerage fee on a loan or line of

13  credit of more than $10,000, title insurance, and the

14  appraisal of real property offered as security when paid to a

15  third party and supported by an actual expenditure;

16         4.  Intangible personal property tax on the loan note

17  or obligation when secured by a lien on real property;

18         4.5.  The documentary excise tax and lawful fees, if

19  any, actually and necessarily paid out by the licensee to any

20  public officer for filing, recording, or releasing in any

21  public office any instrument securing the loan, which fees may

22  be collected when the loan is made or at any time thereafter;

23         5.6.  The premium payable for any insurance in lieu of

24  perfecting any security interest otherwise required by the

25  licensee in connection with the loan, if the premium does not

26  exceed the fees which would otherwise be payable, which

27  premium may be collected when the loan is made or at any time

28  thereafter;

29         6.7.  Actual and reasonable attorney's fees and court

30  costs as determined by the court in which suit is filed;

31  

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 1         7.8.  Actual and commercially reasonable expenses of

 2  repossession, storing, repairing and placing in condition for

 3  sale, and selling of any property pledged as security; or

 4         8.9.  A delinquency charge not to exceed $10 for each

 5  payment in default for a period of not less than 10 days, if

 6  the charge is agreed upon, in writing, between the parties

 7  before imposing the charge.

 8  

 9  Any charges, including interest, in excess of the combined

10  total of all charges authorized and permitted by this chapter

11  constitute a violation of chapter 687 governing interest and

12  usury, and the penalties of that chapter apply. In the event

13  of a bona fide error, the licensee shall refund or credit the

14  borrower with the amount of the overcharge immediately but

15  within 20 days from the discovery of such error.

16         Section 27.  Effective January 1, 2007, paragraph (m)

17  of subsection (5) of section 627.311, Florida Statutes, is

18  amended to read:

19         627.311  Joint underwriters and joint reinsurers;

20  public records and public meetings exemptions.--

21         (5)

22         (m)  Each joint underwriting plan or association

23  created under this section is not a state agency, board, or

24  commission. However, for the purposes of s. 199.183(1) only,

25  the joint underwriting plan is a political subdivision of the

26  state and is exempt from the corporate income tax.

27         Section 28.  Effective January 1, 2007, paragraph (j)

28  of subsection (6) of section 627.351, Florida Statutes, is

29  amended to read:

30         627.351  Insurance risk apportionment plans.--

31         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

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 1         (j)  For the purposes of s. 199.183(1), The corporation

 2  shall be considered a political subdivision of the state and

 3  shall be exempt from the corporate income tax. The premiums,

 4  assessments, investment income, and other revenue of the

 5  corporation are funds received for providing property

 6  insurance coverage as required by this subsection, paying

 7  claims for Florida citizens insured by the corporation,

 8  securing and repaying debt obligations issued by the

 9  corporation, and conducting all other activities of the

10  corporation, and shall not be considered taxes, fees,

11  licenses, or charges for services imposed by the Legislature

12  on individuals, businesses, or agencies outside state

13  government. Bonds and other debt obligations issued by or on

14  behalf of the corporation are not to be considered "state

15  bonds" within the meaning of s. 215.58(8). The corporation is

16  not subject to the procurement provisions of chapter 287, and

17  policies and decisions of the corporation relating to

18  incurring debt, levying of assessments and the sale, issuance,

19  continuation, terms and claims under corporation policies, and

20  all services relating thereto, are not subject to the

21  provisions of chapter 120. The corporation is not required to

22  obtain or to hold a certificate of authority issued by the

23  office, nor is it required to participate as a member insurer

24  of the Florida Insurance Guaranty Association. However, the

25  corporation is required to pay, in the same manner as an

26  authorized insurer, assessments pledged by the Florida

27  Insurance Guaranty Association to secure bonds issued or other

28  indebtedness incurred to pay covered claims arising from

29  insurer insolvencies caused by, or proximately related to,

30  hurricane losses. It is the intent of the Legislature that the

31  tax exemptions provided in this paragraph will augment the

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 1  financial resources of the corporation to better enable the

 2  corporation to fulfill its public purposes. Any bonds issued

 3  by the corporation, their transfer, and the income therefrom,

 4  including any profit made on the sale thereof, shall at all

 5  times be free from taxation of every kind by the state and any

 6  political subdivision or local unit or other instrumentality

 7  thereof; however, this exemption does not apply to any tax

 8  imposed by chapter 220 on interest, income, or profits on debt

 9  obligations owned by corporations other than the corporation.

10         Section 29.  Effective January 1, 2007, paragraph (b)

11  of subsection (4) of section 650.05, Florida Statutes, is

12  amended to read:

13         650.05  Plans for coverage of employees of political

14  subdivisions.--

15         (4)

16         (b)  The grants-in-aid and other revenue referred to in

17  paragraph (a) specifically include, but are not limited to,

18  minimum foundation program grants to public school districts

19  and community colleges; gasoline, motor fuel, intangible,

20  cigarette, racing, and insurance premium taxes distributed to

21  political subdivisions; and amounts specifically appropriated

22  as grants-in-aid for mental health, mental retardation, and

23  mosquito control programs.

24         Section 30.  Effective January 1, 2007, subsection (1)

25  of section 655.071, Florida Statutes, is amended to read:

26         655.071  International banking facilities; definitions;

27  notice before establishment.--

28         (1)(a)  The term "International banking facility" means

29  a set of asset and liability accounts segregated on the books

30  and records of a banking organization and, as that term is

31  defined in s. 199.023, that includes only international

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 1  banking facility deposits, borrowings, and extensions of

 2  credit, as those terms shall be defined by the commission

 3  pursuant to subsection (2).

 4         (b)  As used in paragraph (a), the term "banking

 5  organization" means:

 6         1.  A bank organized and existing under the laws of

 7  this state;

 8         2.  A national bank organized and existing under the

 9  National Bank Act, 12 U.S.C. ss. 21 et seq., and maintaining

10  its principal office in this state;

11         3.  An Edge Act corporation organized under s. 25(a) of

12  the Federal Reserve Act, 12 U.S.C. ss. 611 et seq., and

13  maintaining an office in this state;

14         4.  An international bank agency licensed under the

15  laws of this state;

16         5.  A federal agency licensed under ss. 4 and 5 of the

17  International Banking Act of 1978 to maintain an office in

18  this state;

19         6.  A savings association organized and existing under

20  the laws of this state;

21         7.  A federal association organized and existing under

22  the Home Owners' Loan Act of 1933, 12 U.S.C. ss. 1461 et seq.,

23  and maintaining its principal office in this state; or

24         8.  A Florida export finance corporation organized and

25  existing under part V of chapter 288.

26         Section 31.  Subsections (5) and (6) of section

27  733.702, Florida Statutes, are amended to read:

28         733.702  Limitations on presentation of claims.--

29         (5)  The Department of Revenue may file a claim against

30  the estate of a decedent for taxes due under chapter 199 after

31  the expiration of the time for filing claims provided in

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 1  subsection (1), if the department files its claim within 30

 2  days after the service of the inventory.  Upon filing of the

 3  estate tax return with the department as provided in s.

 4  198.13, or to the extent the inventory or estate tax return is

 5  amended or supplemented, the department has the right to file

 6  a claim or to amend its previously filed claim within 30 days

 7  after service of the estate tax return, or an amended or

 8  supplemented inventory or filing of an amended or supplemental

 9  estate tax return, as to the additional information disclosed.

10         (5)(6)  Nothing in This section does not shall extend

11  the limitations period set forth in s. 733.710.

12         Section 32.  Effective January 1, 2007, paragraph (a)

13  of subsection (1) of section 766.105, Florida Statutes, is

14  amended to read:

15         766.105  Florida Patient's Compensation Fund.--

16         (1)  DEFINITIONS.--The following definitions apply in

17  the interpretation and enforcement of this section:

18         (a)  The term "fund" means the Florida Patient's

19  Compensation Fund.  The fund is not a state agency, board, or

20  commission. However, for the purposes of s. 199.183(1) only,

21  the fund shall be considered a political subdivision of this

22  state.

23         Section 33.  Except as otherwise expressly provided in

24  this act, this act shall take effect January 1, 2006.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Provides for the gradual reduction of the annual rate of
      the tax on intangible personal property. Provides for the
29    repeal of the tax effective January 1, 2007. Provides
      that the taxes levied for calendar year 2006 and before
30    remain in effect and collectible. Authorizes the
      executive director of the Department of Revenue to adopt
31    emergency rules.

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