HB 0963

1
A bill to be entitled
2An act relating to the annual intangible personal property
3tax; repealing ss. 199.012, 199.023, 199.032, 199.033,
4199.042, 199.052, 199.057, 199.062, 199.103, 199.1055,
5199.106, and 199.175, F.S., relating to the annual
6intangible personal property tax; amending s. 199.303,
7F.S.; providing additional legislative intent relating to
8the annual intangible personal property tax; amending ss.
9192.032, 192.042, 192.091, 193.114, 196.015, 196.199,
10196.1993, 199.133, 199.183, 199.185, 199.232, 199.282,
11199.292, 201.23, 212.02, 213.053, 213.054, 213.27,
12220.1845, 288.039, 288.1045, 288.106, 288.1067, 341.840,
13376.30781, 493.6102, 516.031, 650.05, 655.071, and
14733.702, F.S., to conform provisions to the repeal of the
15annual intangible personal property tax; authorizing the
16Department of Revenue to adopt emergency implementing
17rules for a certain time; providing effective dates.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Sections 199.012, 199.023, 199.032, 199.033,
22199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
23and 199.175, Florida Statutes, are repealed.
24     Section 2.  Subsections (5), (6), and (7) of section
25192.032, Florida Statutes, are amended to read:
26     192.032  Situs of property for assessment purposes.--All
27property shall be assessed according to its situs as follows:
28     (5)  Intangible personal property, according to the rules
29laid down in chapter 199.
30     (5)(6)(a)  Notwithstanding the provisions of subsection
31(2), personal property used as a marine cargo container in the
32conduct of foreign or interstate commerce shall not be deemed to
33have acquired a taxable situs within a county when the property
34is temporarily halted or stored within the state for a period
35not exceeding 180 days.
36     (b)  "Marine cargo container" means a nondisposable
37receptacle which is of a permanent character, strong enough to
38be suitable for repeated use; which is specifically designed to
39facilitate the carriage of goods by one or more modes of
40transport, one of which shall be by ocean vessel, without
41intermediate reloading; and which is fitted with devices
42permitting its ready handling, particularly in the transfer from
43one transport mode to another. The term "marine cargo container"
44includes a container when carried on a chassis but does not
45include a vehicle or packaging.
46     (6)(7)  Notwithstanding any other provision of this
47section, tangible personal property used in traveling shows such
48as carnivals, ice shows, or circuses shall be deemed to be
49physically present or habitually located or typically present
50only to the extent the value of such property is multiplied by a
51fraction, the numerator of which is the number of days such
52property is present in Florida during the taxable year and the
53denominator of which is the number of days in the taxable year.
54However, railroad property of such traveling shows shall be
55taxable under s. 193.085(4)(b) and not under this section.
56     Section 3.  Subsection (3) of section 192.042, Florida
57Statutes, is amended to read:
58     192.042  Date of assessment.--All property shall be
59assessed according to its just value as follows:
60     (3)  Intangible personal property, according to the rules
61laid down in chapter 199.
62     Section 4.  Subsections (5) and (6) of section 192.091,
63Florida Statutes, are amended to read:
64     192.091  Commissions of property appraisers and tax
65collectors.--
66     (5)  Provided, that The provisions of this section shall
67not apply to commissions on intangible property taxes or
68drainage district or drainage subdistrict taxes.; and
69     (6)  If Provided, further, that where any property
70appraiser or tax collector in the state is receiving
71compensation for expenses in conducting his or her office or by
72way of salary pursuant to any act of the Legislature other than
73the general law fixing compensation of property appraisers, such
74property appraiser or tax collector may file a declaration in
75writing with the board of county commissioners of his or her
76county electing to come under the provisions of this section,
77and thereupon such property appraiser or tax collector shall be
78paid compensation in accordance with the provisions hereof, and
79shall not be entitled to the benefit of the said special or
80local act. If such property appraiser or tax collector does not
81so elect, he or she shall continue to be paid such compensation
82as may now be provided by law for such property appraiser or tax
83collector.
84     Section 5.  Subsections (4), (5), and (6) of section
85193.114, Florida Statutes, are amended to read:
86     193.114  Preparation of assessment rolls.--
87     (4)  The department shall promulgate regulations and forms
88for the preparation of the intangible personal property roll to
89comply with chapter 199.
90     (4)(5)  For every change made to the assessed or taxable
91value of a parcel on an assessment roll subsequent to the
92mailing of the notice provided for in s. 200.069, the property
93appraiser shall document the reason for such change in the
94public records of the office of the property appraiser in a
95manner acceptable to the executive director or the executive
96director's designee. For every change that decreases the
97assessed or taxable value of a parcel on an assessment roll
98between the time of complete submission of the tax roll pursuant
99to s. 193.1142(3) and mailing of the notice provided for in s.
100200.069, the property appraiser shall document the reason for
101such change in the public records of the office of the property
102appraiser in a manner acceptable to the executive director or
103the executive director's designee. Changes made by the value
104adjustment board are not subject to the requirements of this
105subsection.
106     (5)(6)  For proprietary purposes, including the furnishing
107or sale of copies of the tax roll under s. 119.07(1), the
108property appraiser is the custodian of the tax roll and the
109copies of it which are maintained by any state agency. The
110department or any state or local agency may use copies of the
111tax roll received by it for official purposes and shall permit
112inspection and examination thereof under s. 119.07(1), but is
113not required to furnish copies of the records. A social security
114number submitted under s. 196.011(1) is confidential and exempt
115from s. 24(a), Art. I of the State Constitution and the
116provisions of s. 119.07(1). A copy of documents containing the
117numbers furnished or sold by the property appraiser, except a
118copy furnished to the department, or a copy of documents
119containing social security numbers provided by the department or
120any state or local agency for inspection or examination by the
121public, must exclude those social security numbers.
122     Section 6.  Subsection (9) of section 196.015, Florida
123Statutes, is amended to read:
124     196.015  Permanent residency; factual determination by
125property appraiser.--Intention to establish a permanent
126residence in this state is a factual determination to be made,
127in the first instance, by the property appraiser. Although any
128one factor is not conclusive of the establishment or
129nonestablishment of permanent residence, the following are
130relevant factors that may be considered by the property
131appraiser in making his or her determination as to the intent of
132a person claiming a homestead exemption to establish a permanent
133residence in this state:
134     (9)  The previous filing of Florida intangible tax returns
135by the applicant.
136     Section 7.  Paragraph (b) of subsection (2) of section
137196.199, Florida Statutes, is amended to read:
138     196.199  Government property exemption.--
139     (2)  Property owned by the following governmental units but
140used by nongovernmental lessees shall only be exempt from
141taxation under the following conditions:
142     (b)  Except as provided in paragraph (c), the exemption
143provided by this subsection shall not apply to those portions of
144a leasehold or other possessory interest in real property,
145except for any leasehold or other possessory interest described
146in s. 4(a), Art. VII of the State Constitution or subsection
147(7), owned by the United States, the state, any political
148subdivision of the state, any municipality of the state, or any
149agency, authority, and other public body corporate of the state,
150which are undeveloped or predominantly used for residential or
151commercial purposes and upon which rental payments are due
152defined by s. 199.023(1)(d), subject to the provisions of
153subsection (7). Such leasehold or other interest shall be taxed
154only as intangible personal property pursuant to chapter 199 if
155rental payments are due in consideration of such leasehold or
156other interest. If no rental payments are due pursuant to the
157agreement creating such leasehold or other interest, the
158leasehold or other interest shall be taxed as real property.
159Nothing in this paragraph shall be deemed to exempt personal
160property, buildings, or other real property improvements owned
161by the lessee from ad valorem taxation.
162     Section 8.  Section 196.1993, Florida Statutes, is amended
163to read:
164     196.1993  Certain agreements with local governments for use
165of public property; exemption.--Any agreement entered into with
166a local governmental authority prior to January 1, 1969, for use
167of public property, under which it was understood and agreed in
168a written instrument or by special act that no ad valorem real
169property taxes would be paid by the licensee or lessee, shall be
170deemed a license or management agreement for the use or
171management of public property. Such interest shall be deemed not
172to convey an interest in the property and shall not be subject
173to ad valorem real property taxation. Nothing in this section
174shall be deemed to exempt such licensee from the ad valorem
175intangible tax and the ad valorem personal property tax.
176     Section 9.  Subsection (2) of section 199.133, Florida
177Statutes, is amended to read:
178     199.133  Levy of nonrecurring tax; relationship to annual
179tax.--
180     (2)  The nonrecurring tax shall apply to a note, bond, or
181other obligation for payment of money only to the extent it is
182secured by mortgage, deed of trust, or other lien upon real
183property situated in this state. Where a note, bond, or other
184obligation is secured by personal property or by real property
185situated outside this state, as well as by mortgage, deed of
186trust, or other lien upon real property situated in this state,
187then the nonrecurring tax shall apply to that portion of the
188note, bond, or other obligation which bears the same ratio to
189the entire principal balance of the note, bond, or other
190obligation as the value of the real property situated in this
191state bears to the value of all of the security; however, if the
192security is solely made up of personal property and real
193property situated in this state, the taxpayer may elect to
194apportion the taxes based upon the value of the collateral, if
195any, to which the taxpayer by law or contract must look first
196for collection. In no event shall the portion of the note, bond,
197or other obligation which is subject to the nonrecurring tax
198exceed in value the value of the real property situated in this
199state which is the security. The portion of a note, bond, or
200other obligation which is not subject to the nonrecurring tax
201shall be subject to the annual tax unless otherwise exempt.
202     Section 10.  Subsection (4) of section 199.183, Florida
203Statutes, is amended to read:
204     199.183  Taxpayers exempt from annual and nonrecurring
205taxes.--
206     (4)  Intangible personal property that is owned, managed,
207or controlled by a trustee of a trust is exempt from annual tax
208under this chapter. This exemption does not exempt from annual
209tax a resident of this state who has a taxable beneficial
210interest, as defined in s. 199.023, in a trust.
211     Section 11.  Section 199.185, Florida Statutes, is amended
212to read:
213     199.185  Property exempted from annual and nonrecurring
214taxes.--
215     (1)  The following intangible personal property shall be
216exempt from the annual and nonrecurring tax taxes imposed by
217this chapter:
218     (a)  Money.
219     (b)  Franchises.
220     (c)  Any interest as a partner in a partnership, either
221general or limited, other than any interest as a limited partner
222in a limited partnership registered with the Securities and
223Exchange Commission pursuant to the Securities Act of 1933, as
224amended.
225     (d)  Notes, bonds, and other obligations issued by the
226State of Florida or its municipalities, counties, and other
227taxing districts, or by the United States Government and its
228agencies.
229     (e)  Intangible personal property held in trust pursuant to
230any stock bonus, pension, or profit-sharing plan or any
231individual retirement account which is qualified under s. 530,
232s. 401, s. 408, or s. 408A of the United States Internal Revenue
233Code, 26 U.S.C. ss. 530, 401, 408, and 408A, as amended.
234     (f)  Intangible personal property held under a retirement
235plan of a Florida-based corporation exempt from federal income
236tax under s. 501(c)(6) of the United States Internal Revenue
237Code, 26 U.S.C., if the primary purpose of the corporation is to
238support the promotion of professional sports and the retirement
239plan is either a qualified plan under s. 457 of the United
240States Internal Revenue Code or the contributions to the plan,
241pursuant to a ruling by the United States Internal Revenue
242Service, are not taxable to plan participants until actual
243receipt or withdrawal by the participant.
244     (g)  Notes and other obligations, except bonds, to the
245extent that such notes and obligations are secured by mortgage,
246deed of trust, or other lien upon real property situated outside
247the state.
248     (h)  The assets of a corporation registered under the
249Investment Company Act of 1940, 15 U.S.C. s. 80a-1-52, as
250amended.
251     (i)  All intangible personal property issued in or arising
252out of any international banking transaction and owned by a
253banking organization.
254     (j)  Units of a unit investment trust and shares or units
255of, or other undivided interest in, a business trust organized
256under an agreement, indenture, or declaration of trust and
257registered under the Investment Company Act of 1940, as amended,
258shall be exempt if at least 90 percent of the net asset value of
259the portfolio of assets corresponding to such shares, units, or
260undivided interests is invested in assets that are exempt from
261the tax imposed by s. 199.032.
262     (k)  Interests in real estate securitizations, including,
263but not limited to, real estate mortgage investment conduits
264(REMIC) and financial asset securitization trusts (FASITS),
265which are directly or indirectly secured by or payable from
266notes and obligations that are in turn secured solely by a
267mortgage, deed of trust, or other lien upon real property
268situated in or outside the state, including, but not limited to,
269mortgage pools, participations, and derivatives.
270     (l)  All accounts receivable arising or acquired in the
271ordinary course of a trade or business which are owned,
272controlled, or managed by a taxpayer. This exemption does not
273apply to accounts receivable that arise outside the taxpayer's
274ordinary course of trade or business. For the purposes of this
275chapter, the term "accounts receivable" means a business debt
276that is owed by another to the taxpayer or the taxpayer's
277assignee in the ordinary course of trade or business and is not
278supported by negotiable instruments. Accounts receivable
279include, but are not limited to, credit card receivables, charge
280card receivables, credit receivables, margin receivables,
281inventory or other floor plan financing, lease payments past
282due, conditional sales contracts, retail installment sales
283agreements, financing lease contracts, and a claim against a
284debtor usually arising from sales or services rendered and which
285is not necessarily due or past due. The examples specified in
286this paragraph shall be deemed not to be supported by negotiable
287instruments. The term "negotiable instrument" means a written
288document that is legally capable of being transferred by
289indorsement or delivery. The term "indorsement" means the act of
290a payee or holder in writing his or her name on the back of an
291instrument without further qualifying words other than "pay to
292the order of" or "pay to" whereby the property is assigned and
293transferred to another.
294     (m)  Stock options granted to employees by their employer
295pursuant to an incentive plan, if the employees cannot transfer,
296sell, or mortgage the options. Stock purchased by an employee
297from an employer pursuant to an incentive plan shall be treated
298as a nontaxable stock option if part of the purchase price of
299the stock is nonrecourse debt secured by the stock and the stock
300cannot be sold, transferred, or assigned by the employee until
301the nonrecourse debt is discharged. Such stock becomes taxable
302stock when it can be sold, transferred, or assigned by the
303employee.
304     (n)1.  A leasehold estate in governmental property where
305the lessee is required to furnish space on the leasehold estate
306for public use by governmental agencies at no charge to the
307governmental agencies.
308     2.  The provisions of this exemption shall apply
309retroactively. However, notwithstanding the retroactivity of the
310exemption, it does not reopen a closed period of nonclaim under
311s. 215.26 or any other statute or extend the period of nonclaim
312under s. 215.26 or any other statute.
313     (2)  Every natural person is entitled each year to an
314exemption of the first $250,000 of the value of property
315otherwise subject to the annual tax. A husband and wife filing
316jointly shall have an exemption of $500,000. Every taxpayer that
317is not a natural person is entitled each year to an exemption of
318the first $250,000 of the value of property otherwise subject to
319the tax. Agents and fiduciaries, other than guardians and
320custodians under a gifts-to-minors act, filing as such may not
321claim this exemption on behalf of their principals or
322beneficiaries; however, if the principal or beneficiary returns
323the property held by the agent or fiduciary and is a natural
324person, the principal or beneficiary may claim the exemption. No
325taxpayer shall be entitled to more than one exemption under this
326subsection. This exemption shall not apply to that intangible
327personal property described in s. 199.023(1)(d).
328     (2)(3)  Every natural person who is a widow or widower, or
329who is blind, or who is totally and permanently disabled, is
330entitled each year to an additional exemption of $500 of
331property otherwise subject to the annual or nonrecurring tax.
332This exemption is afforded by s. 3, Art. VII of the State
333Constitution and is available only to the extent not used
334against real property or tangible personal property taxes.
335     (4)  Charitable trusts, 95 percent of the income of which
336is paid to organizations exempt from federal income tax pursuant
337to s. 501(c)3 of the Internal Revenue Code, shall be exempt from
338the tax imposed in s. 199.032.
339     (5)  Those organizations defined in s. 220.62(1), (2), (3),
340or (4) are exempt from the tax imposed by s. 199.032.
341     (3)(6)  Every liquor distributor that is domiciled in this
342state, that is authorized to do business under the Beverage Law,
343and that has paid the license taxes required by s. 565.03(2) is
344exempt from paying tax on accounts receivable owned by the
345taxpayer which are derived from, arise out of, or are issued in
346connection with a sale of alcoholic beverages transacted in
347another state with a customer in another state.
348     (4)(7)  A national bank that has its principal place of
349business in another state, processes credit card credit
350applications in this state or performs customer service or
351collection operations in this state, and is not a bank under 12
352U.S.C. s. 1941(c)(2)(F), is exempt from paying tax on credit
353card receivables owed to the bank by a credit card holder
354domiciled outside this state.
355     (8)  Every insurer, as defined in s. 624.03, whether the
356insurer is authorized or unauthorized as defined in s. 624.09,
357is exempt from the tax imposed by s. 199.032.
358     Section 12.  Paragraph (a) of subsection (1) and subsection
359(3) of section 199.232, Florida Statutes, are amended to read:
360     199.232  Powers of department.--
361     (1)(a)  The department may audit the books and records of
362any person to determine whether an annual tax or a nonrecurring
363tax has been properly paid.
364     (3)  With or without an audit, the department may assess
365any tax deficiency resulting from nonpayment or underpayment of
366the tax, as well as any applicable interest and penalties. The
367department shall assess on the basis of the best information
368available to it, including estimates based on the best
369information available to it if the taxpayer fails to permit
370inspection of the taxpayer's records, fails to file an annual
371return, files a grossly incorrect return, or files a false and
372fraudulent return.
373     Section 13.  Subsections (2), (3), (4), and (8) of section
374199.282, Florida Statutes, are amended, and subsections (5),
375(6), and (7) of said section are renumbered as subsections (4),
376(5), and (6), respectively, to read:
377     199.282  Penalties for violation of this chapter.--
378     (2)  If any annual or nonrecurring tax is not paid by the
379statutory due date, then despite any extension granted under s.
380199.232(6), interest shall run on the unpaid balance from such
381due date until paid at the rate of 12 percent per year.
382     (3)(a)  If any annual or nonrecurring tax is not paid by
383the due date, a delinquency penalty shall be charged. The
384delinquency penalty shall be 10 percent of the delinquent tax
385for each calendar month or portion thereof from the due date
386until paid, up to a limit of 50 percent of the total tax not
387timely paid.
388     (b)  If any annual tax return required by this chapter is
389not filed by the due date, a penalty of 10 percent of the tax
390due with the return shall be charged for each calendar month or
391portion thereof during which the return remains unfiled, up to a
392limit of 50 percent of the total tax due.
393
394For Any penalty assessed under this subsection, the combined
395total for all penalties assessed under paragraphs (a) and (b)
396shall not exceed 10 percent per calendar month, up to a limit of
39750 percent of the total tax due.
398     (4)  If an annual tax return is filed and property is
399either omitted from it or undervalued, then a specific penalty
400shall be charged. The specific penalty shall be 10 percent of
401the tax attributable to each omitted item or to each
402undervaluation. No delinquency or late filing penalty shall be
403charged with respect to any undervaluation.
404     (7)(8)  Any person who fails or refuses to file an annual
405return, or who fails or refuses to make records available for
406inspection, when requested to do so by the department is guilty
407of a misdemeanor of the first degree, punishable as provided in
408s. 775.082 or s. 775.083.
409     Section 14.  Section 199.292, Florida Statutes, is amended
410to read:
411     199.292  Disposition of intangible personal property
412taxes.--All intangible personal property taxes collected
413pursuant to this chapter, except for revenues derived from the
414annual tax on a leasehold described in s. 199.023(1)(d), shall
415be deposited into the General Revenue Fund. Revenues derived
416from the annual tax on a leasehold described in s. 199.023(1)(d)
417shall be returned to the local school board for the county in
418which the property subject to the leasehold is situated.
419     Section 15.  Subsection (3) is added to section 199.303,
420Florida Statutes, to read:
421     199.303  Declaration of legislative intent.--
422     (3)  It is hereby declared to be the specific intent of the
423Legislature that all annual intangible personal property taxes
424imposed as provided by law for calendar years 2005 and prior
425shall remain in full force and effect during the period
426specified by s. 95.091, for the year in which the tax was due.
427It is further the intent of the Legislature that the department
428continue to assess and collect all taxes due to the state under
429such provisions for all periods available for assessment, as
430provided for the year in which tax was due by s. 95.091.
431     Section 16.  Subsection (4) of section 201.23, Florida
432Statutes, is amended to read:
433     201.23  Foreign notes and other written obligations
434exempt.--
435     (4)(a)  The excise taxes imposed by this chapter shall not
436apply to the documents, notes, evidences of indebtedness,
437financing statements, drafts, bills of exchange, or other
438taxable items dealt with, made, issued, drawn upon, accepted,
439delivered, shipped, received, signed, executed, assigned,
440transferred, or sold by or to a banking organization, as defined
441in s. 199.023(9), in the conduct of an international banking
442transaction, as defined in s. 199.023(11). Nothing in this
443subsection shall be construed to change the application of
444paragraph (2)(a).
445     (b)  For purposes of this subsection:
446     1.  "Banking organization" means:
447     a.  A bank organized and existing under the laws of this
448the state;
449     b.  A national bank organized and existing pursuant to the
450provisions of the National Bank Act, 12 U.S.C. ss. 21 et seq.,
451and maintaining its principal office in this state;
452     c.  An Edge Act corporation organized pursuant to the
453provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss.
454611 et seq., and maintaining an office in this state;
455     d.  An international bank agency licensed pursuant to the
456laws of this state;
457     e.  A federal agency licensed pursuant to ss. 4 and 5 of
458the International Banking Act of 1978 to maintain an office in
459this state;
460     f.  A savings association organized and existing under the
461laws of this state;
462     g.  A federal association organized and existing pursuant
463to the provisions of the Home Owners' Loan Act of 1933, 12
464U.S.C. ss. 1461 et seq., and maintaining its principal office in
465this state; or
466     h.  A Florida export finance corporation organized and
467existing pursuant to the provisions of part V of chapter 288.
468     2.  "International banking transaction" means:
469     a.  The financing of the exportation from, or the
470importation into, the United States or between jurisdictions
471abroad of tangible personal property or services;
472     b.  The financing of the production, preparation, storage,
473or transportation of tangible personal property or services
474which are identifiable as being directly and solely for export
475from, or import into, the United States or between jurisdictions
476abroad;
477     c.  The financing of contracts, projects, or activities to
478be performed substantially abroad, except those transactions
479secured by a mortgage, deed of trust, or other lien upon real
480property located in the state;
481     d.  The receipt of deposits or borrowings or the extensions
482of credit by an international banking facility, except the loan
483or deposit of funds secured by mortgage, deed of trust, or other
484lien upon real property located in the state; or
485     e.  Entering into foreign exchange trading or hedging
486transactions in connection with the activities described in sub-
487subparagraph d.
488     Section 17.  Subsection (19) of section 212.02, Florida
489Statutes, is amended to read:
490     212.02  Definitions.--The following terms and phrases when
491used in this chapter have the meanings ascribed to them in this
492section, except where the context clearly indicates a different
493meaning:
494     (19)  "Tangible personal property" means and includes
495personal property which may be seen, weighed, measured, or
496touched or is in any manner perceptible to the senses, including
497electric power or energy, boats, motor vehicles and mobile homes
498as defined in s. 320.01(1) and (2), aircraft as defined in s.
499330.27, and all other types of vehicles. The term "tangible
500personal property" does not include stocks, bonds, notes,
501insurance, or other obligations or securities; intangibles as
502defined by the intangible tax law of the state; or pari-mutuel
503tickets sold or issued under the racing laws of the state.
504     Section 18.  Paragraph (p) of subsection (7) and paragraph
505(a) of subsection (14) of section 213.053, Florida Statutes, are
506amended to read:
507     213.053  Confidentiality and information sharing.--
508     (7)  Notwithstanding any other provision of this section,
509the department may provide:
510     (p)  Information relative to ss. 199.1055, 220.1845, and
511376.30781 to the Department of Environmental Protection in the
512conduct of its official business.
513
514Disclosure of information under this subsection shall be
515pursuant to a written agreement between the executive director
516and the agency. Such agencies, governmental or nongovernmental,
517shall be bound by the same requirements of confidentiality as
518the Department of Revenue. Breach of confidentiality is a
519misdemeanor of the first degree, punishable as provided by s.
520775.082 or s. 775.083.
521     (14)(a)  Notwithstanding any other provision of this
522section, the department shall, subject to the safeguards
523specified in paragraph (c), disclose to the Division of
524Corporations of the Department of State the name, address,
525federal employer identification number, and duration of tax
526filings with this state of all corporate or partnership entities
527which are not on file or have a dissolved status with the
528Division of Corporations and which have filed tax returns
529pursuant to either chapter 199 or chapter 220.
530     Section 19.  Section 213.054, Florida Statutes, is amended
531to read:
532     213.054  Persons claiming tax exemptions or deductions;
533annual report.--The Department of Revenue shall be responsible
534for monitoring the utilization of tax exemptions and tax
535deductions authorized pursuant to chapter 81-179, Laws of
536Florida. On or before September 1 of each year, the department
537shall report to the Chief Financial Officer the names and
538addresses of all persons who have claimed an exemption pursuant
539to s. 199.185(1)(i) or a deduction pursuant to s. 220.63(5).
540     Section 20.  Section 213.27, Florida Statutes, is amended
541to read:
542     213.27  Contracts with debt collection agencies and certain
543vendors.--
544     (1)  The Department of Revenue may, for the purpose of
545collecting any delinquent taxes due from a taxpayer, including
546taxes for which a bill or notice has been generated, contract
547with any debt collection agency or attorney doing business
548within or without this state for the collection of such
549delinquent taxes including penalties and interest thereon. The
550department may also share confidential information pursuant to
551the contract necessary for the collection of delinquent taxes
552and taxes for which a billing or notice has been generated.
553Contracts will be made pursuant to chapter 287. The taxpayer
554must be notified by mail by the department, its employees, or
555its authorized representative 30 days prior to commencing any
556litigation to recover any delinquent taxes. The taxpayer must be
557notified by mail by the department 30 days prior to the
558department assigning the collection of any taxes to the debt
559collection agency.
560     (2)  The department may enter into contracts with any
561individual or business for the purpose of identifying intangible
562personal property tax liability. Contracts may provide for the
563identification of assets subject to the tax on intangible
564personal property, the determination of value of such property,
565the requirement for filing a tax return and the collection of
566taxes due, including applicable penalties and interest thereon.
567The department may share confidential information pursuant to
568the contract necessary for the identification of taxable
569intangible personal property. Contracts shall be made pursuant
570to chapter 287. The taxpayer must be notified by mail by the
571department 30 days prior to the department assigning
572identification of intangible personal property to an individual
573or business.
574     (2)(3)  Any contract may provide, in the discretion of the
575executive director of the Department of Revenue, the manner in
576which the compensation for such services will be paid. Under
577standards established by the department, such compensation shall
578be added to the amount of the tax and collected as a part
579thereof by the agency or deducted from the amount of tax,
580penalty, and interest actually collected.
581     (3)(4)  All funds collected under the terms of the
582contract, less the fees provided in the contract, shall be
583remitted to the department within 30 days from the date of
584collection from a taxpayer. Forms to be used for such purpose
585shall be prescribed by the department.
586     (4)(5)  The department shall require a bond from the debt
587collection agency or the individual or business contracted with
588under subsection (2) not in excess of $100,000 guaranteeing
589compliance with the terms of the contract. However, a bond of
590$10,000 is required from a debt collection agency if the agency
591does not actually collect and remit delinquent funds to the
592department.
593     (5)(6)  The department may, for the purpose of ascertaining
594the amount of or collecting any taxes due from a person doing
595mail order business in this state, contract with any auditing
596agency doing business within or without this state for the
597purpose of conducting an audit of such mail order business;
598however, such audit agency may not conduct an audit on behalf of
599the department of any person domiciled in this state, person
600registered for sales and use tax purposes in this state, or
601corporation filing a Florida corporate tax return, if any such
602person or corporation objects to such audit in writing to the
603department and the auditing agency. The department shall notify
604the taxpayer by mail at least 30 days before the department
605assigns the collection of such taxes.
606     (6)(7)  Confidential information shared by the department
607with debt collection or auditing agencies or individuals or
608businesses with which the department has contracted under
609subsection (2) is exempt from the provisions of s. 119.07(1),
610and debt collection or auditing agencies and individuals or
611businesses with which the department has contracted under
612subsection (2) shall be bound by the same requirements of
613confidentiality as the Department of Revenue. Breach of
614confidentiality is a misdemeanor of the first degree, punishable
615as provided by ss. 775.082 and 775.083.
616     (7)(8)(a)  The executive director of the department may
617enter into contracts with private vendors to develop and
618implement systems to enhance tax collections where compensation
619to the vendors is funded through increased tax collections. The
620amount of compensation paid to a vendor shall be based on a
621percentage of increased tax collections attributable to the
622system after all administrative and judicial appeals are
623exhausted, and the total amount of compensation paid to a vendor
624shall not exceed the maximum amount stated in the contract.
625     (b)  A person acting on behalf of the department under a
626contract authorized by this subsection does not exercise any of
627the powers of the department, except that the person is an agent
628of the department for the purposes of developing and
629implementing a system to enhance tax collection.
630     (c)  Disclosure of information under this subsection shall
631be pursuant to a written agreement between the executive
632director and the private vendors. The vendors shall be bound by
633the same requirements of confidentiality as the department.
634Breach of confidentiality is a misdemeanor of the first degree,
635punishable as provided in s. 775.082 or s. 775.083.
636     Section 21.  Subsection (1) and paragraphs (b) and (c) of
637subsection (3) of section 220.1845, Florida Statutes, are
638amended to read:
639     220.1845  Contaminated site rehabilitation tax credit.--
640     (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
641     (a)  A credit in the amount of 35 percent of the costs of
642voluntary cleanup activity that is integral to site
643rehabilitation at the following sites is available against any
644tax due for a taxable year under this chapter:
645     1.  A drycleaning-solvent-contaminated site eligible for
646state-funded site rehabilitation under s. 376.3078(3);
647     2.  A drycleaning-solvent-contaminated site at which
648cleanup is undertaken by the real property owner pursuant to s.
649376.3078(11), if the real property owner is not also, and has
650never been, the owner or operator of the drycleaning facility
651where the contamination exists; or
652     3.  A brownfield site in a designated brownfield area under
653s. 376.80.
654     (b)  A tax credit applicant, or multiple tax credit
655applicants working jointly to clean up a single site, may not be
656granted more than $250,000 per year in tax credits for each site
657voluntarily rehabilitated. Multiple tax credit applicants shall
658be granted tax credits in the same proportion as their
659contribution to payment of cleanup costs. Subject to the same
660conditions and limitations as provided in this section, a
661municipality, county, or other tax credit applicant which
662voluntarily rehabilitates a site may receive not more than
663$250,000 per year in tax credits which it can subsequently
664transfer subject to the provisions in paragraph (g)(h).
665     (c)  If the credit granted under this section is not fully
666used in any one year because of insufficient tax liability on
667the part of the corporation, the unused amount may be carried
668forward for a period not to exceed 5 years. The carryover credit
669may be used in a subsequent year when the tax imposed by this
670chapter for that year exceeds the credit for which the
671corporation is eligible in that year under this section after
672applying the other credits and unused carryovers in the order
673provided by s. 220.02(8). Five years after the date a credit is
674granted under this section, such credit expires and may not be
675used. However, if during the 5-year period the credit is
676transferred, in whole or in part, pursuant to paragraph (g)(h),
677each transferee has 5 years after the date of transfer to use
678its credit.
679     (d)  A taxpayer that files a consolidated return in this
680state as a member of an affiliated group under s. 220.131(1) may
681be allowed the credit on a consolidated return basis up to the
682amount of tax imposed upon the consolidated group.
683     (e)  A taxpayer that receives credit under s. 199.1055 is
684ineligible to receive credit under this section in a given tax
685year.
686     (e)(f)  A tax credit applicant that receives state-funded
687site rehabilitation under s. 376.3078(3) for rehabilitation of a
688drycleaning-solvent-contaminated site is ineligible to receive
689credit under this section for costs incurred by the tax credit
690applicant in conjunction with the rehabilitation of that site
691during the same time period that state-administered site
692rehabilitation was underway.
693     (f)(g)  The total amount of the tax credits which may be
694granted under this section and s. 199.1055 is $2 million
695annually.
696     (g)(h)1.  Tax credits that may be available under this
697section to an entity eligible under s. 376.30781 may be
698transferred after a merger or acquisition to the surviving or
699acquiring entity and used in the same manner and with the same
700limitations.
701     2.  The entity or its surviving or acquiring entity as
702described in subparagraph 1., may transfer any unused credit in
703whole or in units of no less than 25 percent of the remaining
704credit. The entity acquiring such credit may use it in the same
705manner and with the same limitation as described in this
706section. Such transferred credits may not be transferred again
707although they may succeed to a surviving or acquiring entity
708subject to the same conditions and limitations as described in
709this section.
710     3.  In the event the credit provided for under this section
711is reduced either as a result of a determination by the
712Department of Environmental Protection or an examination or
713audit by the Department of Revenue, such tax deficiency shall be
714recovered from the first entity, or the surviving or acquiring
715entity, to have claimed such credit up to the amount of credit
716taken. Any subsequent deficiencies shall be assessed against any
717entity acquiring and claiming such credit, or in the case of
718multiple succeeding entities in the order of credit succession.
719     (h)(i)  In order to encourage completion of site
720rehabilitation at contaminated sites being voluntarily cleaned
721up and eligible for a tax credit under this section, the tax
722credit applicant may claim an additional 10 percent of the total
723cleanup costs, not to exceed $50,000, in the final year of
724cleanup as evidenced by the Department of Environmental
725Protection issuing a "No Further Action" order for that site.
726     (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
727FORFEITURE.--
728     (b)  In addition to its existing audit and investigation
729authority relating to chapter 199 and this chapter, the
730Department of Revenue may perform any additional financial and
731technical audits and investigations, including examining the
732accounts, books, or records of the tax credit applicant, which
733are necessary to verify the site rehabilitation costs included
734in a tax credit return and to ensure compliance with this
735section. The Department of Environmental Protection shall
736provide technical assistance, when requested by the Department
737of Revenue, on any technical audits performed pursuant to this
738section.
739     (c)  It is grounds for forfeiture of previously claimed and
740received tax credits if the Department of Revenue determines, as
741a result of either an audit or information received from the
742Department of Environmental Protection, that a taxpayer received
743tax credits pursuant to this section to which the taxpayer was
744not entitled. In the case of fraud, the taxpayer shall be
745prohibited from claiming any future tax credits under this
746section or s. 199.1055.
747     1.  The taxpayer is responsible for returning forfeited tax
748credits to the Department of Revenue, and such funds shall be
749paid into the General Revenue Fund of the state.
750     2.  The taxpayer shall file with the Department of Revenue
751an amended tax return or such other report as the Department of
752Revenue prescribes by rule and shall pay any required tax within
75360 days after the taxpayer receives notification from the
754Department of Environmental Protection pursuant to s. 376.30781
755that previously approved tax credits have been revoked or
756modified, if uncontested, or within 60 days after a final order
757is issued following proceedings involving a contested revocation
758or modification order.
759     3.  A notice of deficiency may be issued by the Department
760of Revenue at any time within 5 years after the date the
761taxpayer receives notification from the Department of
762Environmental Protection pursuant to s. 376.30781 that
763previously approved tax credits have been revoked or modified.
764If a taxpayer fails to notify the Department of Revenue of any
765change in its tax credit claimed, a notice of deficiency may be
766issued at any time. In either case, the amount of any proposed
767assessment set forth in such notice of deficiency shall be
768limited to the amount of any deficiency resulting under this
769section from the recomputation of the taxpayer's tax for the
770taxable year.
771     4.  Any taxpayer that fails to report and timely pay any
772tax due as a result of the forfeiture of its tax credit is in
773violation of this section and is subject to applicable penalty
774and interest.
775     Section 22.  Paragraph (b) of subsection (2) of section
776288.039, Florida Statutes, is amended to read:
777     288.039  Employing and Training our Youths (ENTRY).--
778     (2)  TAX REFUND; ELIGIBLE AMOUNTS.--
779     (b)  After entering into an employment/tax refund agreement
780under subsection (3), an eligible business may receive refunds
781for the following taxes or fees due and paid by that business:
782     1.  Taxes on sales, use, and other transactions under
783chapter 212.
784     2.  Corporate income taxes under chapter 220.
785     3.  Intangible personal property taxes under chapter 199.
786     3.4.  Emergency excise taxes under chapter 221.
787     4.5.  Excise taxes on documents under chapter 201.
788     5.6.  Ad valorem taxes paid, as defined in s. 220.03(1).
789     6.7.  Insurance premium taxes under s. 624.509.
790     7.8.  Occupational license fees under chapter 205.
791
792However, an eligible business may not receive a refund under
793this section for any amount of credit, refund, or exemption
794granted to that business for any of such taxes or fees. If a
795refund for such taxes or fees is provided by the office, which
796taxes or fees are subsequently adjusted by the application of
797any credit, refund, or exemption granted to the eligible
798business other than as provided in this section, the business
799shall reimburse the office for the amount of that credit,
800refund, or exemption. An eligible business shall notify and
801tender payment to the office within 20 days after receiving any
802credit, refund, or exemption other than the one provided in this
803section.
804     Section 23.  Paragraph (f) of subsection (2) and paragraphs
805(b), (c), and (d) of subsection (3) of section 288.1045, Florida
806Statutes, are amended to read:
807     288.1045  Qualified defense contractor tax refund
808program.--
809     (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
810     (f)  After entering into a tax refund agreement pursuant to
811subsection (4), a qualified applicant may receive refunds from
812the Economic Development Trust Fund for the following taxes due
813and paid by the qualified applicant beginning with the
814applicant's first taxable year that begins after entering into
815the agreement:
816     1.  Taxes on sales, use, and other transactions paid
817pursuant to chapter 212.
818     2.  Corporate income taxes paid pursuant to chapter 220.
819     3.  Intangible personal property taxes paid pursuant to
820chapter 199.
821     3.4.  Emergency excise taxes paid pursuant to chapter 221.
822     4.5.  Excise taxes paid on documents pursuant to chapter
823201.
824     5.6.  Ad valorem taxes paid, as defined in s. 220.03(1)(a)
825on June 1, 1996.
826
827However, a qualified applicant may not receive a tax refund
828pursuant to this section for any amount of credit, refund, or
829exemption granted such contractor for any of such taxes. If a
830refund for such taxes is provided by the office, which taxes are
831subsequently adjusted by the application of any credit, refund,
832or exemption granted to the qualified applicant other than that
833provided in this section, the qualified applicant shall
834reimburse the Economic Development Trust Fund for the amount of
835such credit, refund, or exemption. A qualified applicant must
836notify and tender payment to the office within 20 days after
837receiving a credit, refund, or exemption, other than that
838provided in this section.
839     (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
840DETERMINATION.--
841     (b)  Applications for certification based on the
842consolidation of a Department of Defense contract or a new
843Department of Defense contract must be submitted to the office
844as prescribed by the office and must include, but are not
845limited to, the following information:
846     1.  The applicant's federal employer identification number,
847the applicant's Florida sales tax registration number, and a
848notarized signature of an officer of the applicant.
849     2.  The permanent location of the manufacturing,
850assembling, fabricating, research, development, or design
851facility in this state at which the project is or is to be
852located.
853     3.  The Department of Defense contract numbers of the
854contract to be consolidated, the new Department of Defense
855contract number, or the "RFP" number of a proposed Department of
856Defense contract.
857     4.  The date the contract was executed or is expected to be
858executed, and the date the contract is due to expire or is
859expected to expire.
860     5.  The commencement date for project operations under the
861contract in this state.
862     6.  The number of net new full-time equivalent Florida jobs
863included in the project as of December 31 of each year and the
864average wage of such jobs.
865     7.  The total number of full-time equivalent employees
866employed by the applicant in this state.
867     8.  The percentage of the applicant's gross receipts
868derived from Department of Defense contracts during the 5
869taxable years immediately preceding the date the application is
870submitted.
871     9.  The amount of:
872     a.  Taxes on sales, use, and other transactions paid
873pursuant to chapter 212;
874     b.  Corporate income taxes paid pursuant to chapter 220;
875     c.  Intangible personal property taxes paid pursuant to
876chapter 199;
877     c.d.  Emergency excise taxes paid pursuant to chapter 221;
878     d.e.  Excise taxes paid on documents pursuant to chapter
879201; and
880     e.f.  Ad valorem taxes paid
881
882during the 5 fiscal years immediately preceding the date of the
883application, and the projected amounts of such taxes to be due
884in the 3 fiscal years immediately following the date of the
885application.
886     10.  The estimated amount of tax refunds to be claimed for
887each fiscal year.
888     11.  A brief statement concerning the applicant's need for
889tax refunds, and the proposed uses of such refunds by the
890applicant.
891     12.  A resolution adopted by the county commissioners of
892the county in which the project will be located, which
893recommends the applicant be approved as a qualified applicant,
894and which indicates that the necessary commitments of local
895financial support for the applicant exist. Prior to the adoption
896of the resolution, the county commission may review the proposed
897public or private sources of such support and determine whether
898the proposed sources of local financial support can be provided
899or, for any applicant whose project is located in a county
900designated by the Rural Economic Development Initiative, a
901resolution adopted by the county commissioners of such county
902requesting that the applicant's project be exempt from the local
903financial support requirement.
904     13.  Any additional information requested by the office.
905     (c)  Applications for certification based on the conversion
906of defense production jobs to nondefense production jobs must be
907submitted to the office as prescribed by the office and must
908include, but are not limited to, the following information:
909     1.  The applicant's federal employer identification number,
910the applicant's Florida sales tax registration number, and a
911notarized signature of an officer of the applicant.
912     2.  The permanent location of the manufacturing,
913assembling, fabricating, research, development, or design
914facility in this state at which the project is or is to be
915located.
916     3.  The Department of Defense contract numbers of the
917contract under which the defense production jobs will be
918converted to nondefense production jobs.
919     4.  The date the contract was executed, and the date the
920contract is due to expire or is expected to expire, or was
921canceled.
922     5.  The commencement date for the nondefense production
923operations in this state.
924     6.  The number of net new full-time equivalent Florida jobs
925included in the nondefense production project as of December 31
926of each year and the average wage of such jobs.
927     7.  The total number of full-time equivalent employees
928employed by the applicant in this state.
929     8.  The percentage of the applicant's gross receipts
930derived from Department of Defense contracts during the 5
931taxable years immediately preceding the date the application is
932submitted.
933     9.  The amount of:
934     a.  Taxes on sales, use, and other transactions paid
935pursuant to chapter 212;
936     b.  Corporate income taxes paid pursuant to chapter 220;
937     c.  Intangible personal property taxes paid pursuant to
938chapter 199;
939     c.d.  Emergency excise taxes paid pursuant to chapter 221;
940     d.e.  Excise taxes paid on documents pursuant to chapter
941201; and
942     e.f.  Ad valorem taxes paid
943
944during the 5 fiscal years immediately preceding the date of the
945application, and the projected amounts of such taxes to be due
946in the 3 fiscal years immediately following the date of the
947application.
948     10.  The estimated amount of tax refunds to be claimed for
949each fiscal year.
950     11.  A brief statement concerning the applicant's need for
951tax refunds, and the proposed uses of such refunds by the
952applicant.
953     12.  A resolution adopted by the county commissioners of
954the county in which the project will be located, which
955recommends the applicant be approved as a qualified applicant,
956and which indicates that the necessary commitments of local
957financial support for the applicant exist. Prior to the adoption
958of the resolution, the county commission may review the proposed
959public or private sources of such support and determine whether
960the proposed sources of local financial support can be provided
961or, for any applicant whose project is located in a county
962designated by the Rural Economic Development Initiative, a
963resolution adopted by the county commissioners of such county
964requesting that the applicant's project be exempt from the local
965financial support requirement.
966     13.  Any additional information requested by the office.
967     (d)  Applications for certification based on a contract for
968reuse of a defense-related facility must be submitted to the
969office as prescribed by the office and must include, but are not
970limited to, the following information:
971     1.  The applicant's Florida sales tax registration number
972and a notarized signature of an officer of the applicant.
973     2.  The permanent location of the manufacturing,
974assembling, fabricating, research, development, or design
975facility in this state at which the project is or is to be
976located.
977     3.  The business entity holding a valid Department of
978Defense contract or branch of the Armed Forces of the United
979States that previously occupied the facility, and the date such
980entity last occupied the facility.
981     4.  A copy of the contract to reuse the facility, or such
982alternative proof as may be prescribed by the office that the
983applicant is seeking to contract for the reuse of such facility.
984     5.  The date the contract to reuse the facility was
985executed or is expected to be executed, and the date the
986contract is due to expire or is expected to expire.
987     6.  The commencement date for project operations under the
988contract in this state.
989     7.  The number of net new full-time equivalent Florida jobs
990included in the project as of December 31 of each year and the
991average wage of such jobs.
992     8.  The total number of full-time equivalent employees
993employed by the applicant in this state.
994     9.  The amount of:
995     a.  Taxes on sales, use, and other transactions paid
996pursuant to chapter 212.
997     b.  Corporate income taxes paid pursuant to chapter 220.
998     c.  Intangible personal property taxes paid pursuant to
999chapter 199.
1000     c.d.  Emergency excise taxes paid pursuant to chapter 221.
1001     d.e.  Excise taxes paid on documents pursuant to chapter
1002201.
1003     e.f.  Ad valorem taxes paid during the 5 fiscal years
1004immediately preceding the date of the application, and the
1005projected amounts of such taxes to be due in the 3 fiscal years
1006immediately following the date of the application.
1007     10.  The estimated amount of tax refunds to be claimed for
1008each fiscal year.
1009     11.  A brief statement concerning the applicant's need for
1010tax refunds, and the proposed uses of such refunds by the
1011applicant.
1012     12.  A resolution adopted by the county commissioners of
1013the county in which the project will be located, which
1014recommends the applicant be approved as a qualified applicant,
1015and which indicates that the necessary commitments of local
1016financial support for the applicant exist. Prior to the adoption
1017of the resolution, the county commission may review the proposed
1018public or private sources of such support and determine whether
1019the proposed sources of local financial support can be provided
1020or, for any applicant whose project is located in a county
1021designated by the Rural Economic Development Initiative, a
1022resolution adopted by the county commissioners of such county
1023requesting that the applicant's project be exempt from the local
1024financial support requirement.
1025     13.  Any additional information requested by the office.
1026     Section 24.  Paragraph (c) of subsection (2) of section
1027288.106, Florida Statutes, is amended to read:
1028     288.106  Tax refund program for qualified target industry
1029businesses.--
1030     (2)  TAX REFUND; ELIGIBLE AMOUNTS.--
1031     (c)  After entering into a tax refund agreement under
1032subsection (4), a qualified target industry business may:
1033     1.  Receive refunds from the account for the following
1034taxes due and paid by that business beginning with the first
1035taxable year of the business which begins after entering into
1036the agreement:
1037     a.  Corporate income taxes under chapter 220.
1038     b.  Insurance premium tax under s. 624.509.
1039     2.  Receive refunds from the account for the following
1040taxes due and paid by that business after entering into the
1041agreement:
1042     a.  Taxes on sales, use, and other transactions under
1043chapter 212.
1044     b.  Intangible personal property taxes under chapter 199.
1045     b.c.  Emergency excise taxes under chapter 221.
1046     c.d.  Excise taxes on documents under chapter 201.
1047     d.e.  Ad valorem taxes paid, as defined in s. 220.03(1).
1048     Section 25.  Paragraph (g) of subsection (1) of section
1049288.1067, Florida Statutes, is amended to read:
1050     288.1067  Confidentiality of records.--
1051     (1)  The following information held by the Office of
1052Tourism, Trade, and Economic Development, Enterprise Florida,
1053Inc., or county or municipal governmental entities, and their
1054employees or agents, pursuant to the incentive programs for
1055qualified businesses as provided in s. 220.191, s. 288.1045, s.
1056288.106, s. 288.108, or s. 288.1088 is confidential and exempt
1057from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
1058State Constitution, for a period not to exceed the duration of
1059the relevant tax refund, tax credit, or incentive agreement:
1060     (g)  The amount of:
1061     1.  Taxes on sales, use, and other transactions paid
1062pursuant to chapter 212;
1063     2.  Corporate income taxes paid pursuant to chapter 220;
1064     3.  Intangible personal property taxes paid pursuant to
1065chapter 199;
1066     3.4.  Emergency excise taxes paid pursuant to chapter 221;
1067     4.5.  Insurance premium taxes paid pursuant to chapter 624;
1068     5.6.  Excise taxes paid on documents pursuant to chapter
1069201; or
1070     6.7.  Ad valorem taxes paid, as defined in s. 220.03(1),
1071
1072which the qualified business reports on its application for
1073certification or reports during the term of the tax refund
1074agreement, and for which the qualified business claims a tax
1075refund under s. 288.1045 or s. 288.106, and any such information
1076held as evidence of the achievement or nonachievement of
1077performance items contained in the tax refund agreement.
1078     Section 26.  Paragraph (a) of subsection (2) and
1079subsections (6) and (7) of section 341.840, Florida Statutes,
1080are amended to read:
1081     341.840  Tax exemption.--
1082     (2)(a)  For the purposes of this section, the term
1083"authority" does not include agents of the authority other than
1084contractors who qualify as such pursuant to subsection (6)(7).
1085     (6)  A leasehold interest held by the authority is not
1086subject to intangible tax. However, if a leasehold interest held
1087by the authority is subleased to a nongovernmental lessee, such
1088subleasehold interest shall be deemed to be an interest
1089described in s. 199.023(1)(d), and is subject to the intangible
1090tax.
1091     (6)(7)(a)  In order to be considered an agent of the
1092authority for purposes of the exemption from sales and use tax
1093granted by subsection (3) for tangible personal property
1094incorporated into the high-speed rail system, a contractor of
1095the authority that purchases or fabricates such tangible
1096personal property must be certified by the authority as provided
1097in this subsection.
1098     (b)1.  A contractor must apply for a renewal of the
1099exemption not later than December 1 of each calendar year.
1100     2.  A contractor must apply to the authority on the
1101application form adopted by the authority, which shall develop
1102the form in consultation with the Department of Revenue.
1103     3.  The authority shall review each submitted application
1104and determine whether it is complete. The authority shall notify
1105the applicant of any deficiencies in the application within 30
1106days. Upon receipt of a completed application, the authority
1107shall evaluate the application for exemption under this
1108subsection and issue a certification that the contractor is
1109qualified to act as an agent of the authority for purposes of
1110this section or a denial of such certification within 30 days.
1111The authority shall provide the Department of Revenue with a
1112copy of each certification issued upon approval of an
1113application. Upon receipt of a certification from the authority,
1114the Department of Revenue shall issue an exemption permit to the
1115contractor.
1116     (c)1.  The contractor may extend a copy of its exemption
1117permit to its vendors in lieu of paying sales tax on purchases
1118of tangible personal property qualifying for exemption under
1119this section. Possession of a copy of the exemption permit
1120relieves the seller of the responsibility of collecting tax on
1121the sale, and the Department of Revenue shall look solely to the
1122contractor for recovery of tax upon a determination that the
1123contractor was not entitled to the exemption.
1124     2.  The contractor may extend a copy of its exemption
1125permit to real property subcontractors supplying and installing
1126tangible personal property that is exempt under subsection (3).
1127Any such subcontractor is authorized to extend a copy of the
1128permit to the subcontractor's vendors in order to purchase
1129qualifying tangible personal property tax-exempt. If the
1130subcontractor uses the exemption permit to purchase tangible
1131personal property that is determined not to qualify for
1132exemption under subsection (3), the Department of Revenue may
1133assess and collect any tax, penalties, and interest that are due
1134from either the contractor holding the exemption permit or the
1135subcontractor that extended the exemption permit to the seller.
1136     (d)  Any contractor authorized to act as an agent of the
1137authority under this section shall maintain the necessary books
1138and records to document the exempt status of purchases and
1139fabrication costs made or incurred under the permit. In
1140addition, an authorized contractor extending its exemption
1141permit to its subcontractors shall maintain a copy of the
1142subcontractor's books, records, and invoices indicating all
1143purchases made by the subcontractor under the authorized
1144contractor's permit. If, in an audit conducted by the Department
1145of Revenue, it is determined that tangible personal property
1146purchased or fabricated claiming exemption under this section
1147does not meet the criteria for exemption, the amount of taxes
1148not paid at the time of purchase or fabrication shall be
1149immediately due and payable to the Department of Revenue,
1150together with the appropriate interest and penalty, computed
1151from the date of purchase, in the manner prescribed by chapter
1152212.
1153     (e)  If a contractor fails to apply for a high-speed rail
1154system exemption permit, or if a contractor initially determined
1155by the authority to not qualify for exemption is subsequently
1156determined to be eligible, the contractor shall receive the
1157benefit of the exemption in this subsection through a refund of
1158previously paid taxes for transactions that otherwise would have
1159been exempt. A refund may not be made for such taxes without the
1160issuance of a certification by the authority that the contractor
1161was authorized to make purchases tax-exempt and a determination
1162by the Department of Revenue that the purchases qualified for
1163the exemption.
1164     (f)  The authority may adopt rules governing the
1165application process for exemption of a contractor as an
1166authorized agent of the authority.
1167     (g)  The Department of Revenue may adopt rules governing
1168the issuance and form of high-speed rail system exemption
1169permits, the audit of contractors and subcontractors using such
1170permits, the recapture of taxes on nonqualified purchases, and
1171the manner and form of refund applications.
1172     Section 27.  Paragraph (a) of subsection (2) and
1173subsections (3), (8), and (12) of section 376.30781, Florida
1174Statutes, are amended to read:
1175     376.30781  Partial tax credits for rehabilitation of
1176drycleaning-solvent-contaminated sites and brownfield sites in
1177designated brownfield areas; application process; rulemaking
1178authority; revocation authority.--
1179     (2)(a)  A credit in the amount of 35 percent of the costs
1180of voluntary cleanup activity that is integral to site
1181rehabilitation at the following sites is allowed pursuant to s.
1182ss. 199.1055 and 220.1845:
1183     1.  A drycleaning-solvent-contaminated site eligible for
1184state-funded site rehabilitation under s. 376.3078(3);
1185     2.  A drycleaning-solvent-contaminated site at which
1186cleanup is undertaken by the real property owner pursuant to s.
1187376.3078(11), if the real property owner is not also, and has
1188never been, the owner or operator of the drycleaning facility
1189where the contamination exists; or
1190     3.  A brownfield site in a designated brownfield area under
1191s. 376.80.
1192     (3)  The Department of Environmental Protection shall be
1193responsible for allocating the tax credits provided for in s.
1194ss. 199.1055 and 220.1845, not to exceed a total of $2 million
1195in tax credits annually.
1196     (8)  On or before March 1, the Department of Environmental
1197Protection shall inform each eligible tax credit applicant of
1198the amount of its partial tax credit and provide each eligible
1199tax credit applicant with a tax credit certificate that must be
1200submitted with its tax return to the Department of Revenue to
1201claim the tax credit or be transferred pursuant to s.
1202199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in
1203the payment of refunds if total credits exceed the amount of tax
1204owed.
1205     (12)  A tax credit applicant who receives state-funded site
1206rehabilitation under s. 376.3078(3) for rehabilitation of a
1207drycleaning-solvent-contaminated site is ineligible to receive a
1208tax credit under s. 199.1055 or s. 220.1845 for costs incurred
1209by the tax credit applicant in conjunction with the
1210rehabilitation of that site during the same time period that
1211state-administered site rehabilitation was underway.
1212     Section 28.  Subsection (13) of section 493.6102, Florida
1213Statutes, is amended to read:
1214     493.6102  Inapplicability of this chapter.--This chapter
1215shall not apply to:
1216     (13)  Any individual employed as a security officer by a
1217church or ecclesiastical or denominational organization having
1218an established physical place of worship in this state at which
1219nonprofit religious services and activities are regularly
1220conducted or by a church cemetery religious institution as
1221defined in s. 199.183(2)(a) to provide security on the
1222institution property of the organization or cemetery, and who
1223does not carry a firearm in the course of her or his duties.
1224     Section 29.  Paragraph (a) of subsection (3) of section
1225516.031, Florida Statutes, is amended to read:
1226     516.031  Finance charge; maximum rates.--
1227     (3)  OTHER CHARGES.--
1228     (a)  In addition to the interest, delinquency, and
1229insurance charges herein provided for, no further or other
1230charges or amount whatsoever for any examination, service,
1231commission, or other thing or otherwise shall be directly or
1232indirectly charged, contracted for, or received as a condition
1233to the grant of a loan, except:
1234     1.  An amount not to exceed $10 to reimburse a portion of
1235the costs for investigating the character and credit of the
1236person applying for the loan;
1237     2.  An annual fee of $25 on the anniversary date of each
1238line-of-credit account;
1239     3.  Charges paid for brokerage fee on a loan or line of
1240credit of more than $10,000, title insurance, and the appraisal
1241of real property offered as security when paid to a third party
1242and supported by an actual expenditure;
1243     4.  Intangible personal property tax on the loan note or
1244obligation when secured by a lien on real property;
1245     4.5.  The documentary excise tax and lawful fees, if any,
1246actually and necessarily paid out by the licensee to any public
1247officer for filing, recording, or releasing in any public office
1248any instrument securing the loan, which fees may be collected
1249when the loan is made or at any time thereafter;
1250     5.6.  The premium payable for any insurance in lieu of
1251perfecting any security interest otherwise required by the
1252licensee in connection with the loan, if the premium does not
1253exceed the fees which would otherwise be payable, which premium
1254may be collected when the loan is made or at any time
1255thereafter;
1256     6.7.  Actual and reasonable attorney's fees and court costs
1257as determined by the court in which suit is filed;
1258     7.8.  Actual and commercially reasonable expenses of
1259repossession, storing, repairing and placing in condition for
1260sale, and selling of any property pledged as security; or
1261     8.9.  A delinquency charge not to exceed $10 for each
1262payment in default for a period of not less than 10 days, if the
1263charge is agreed upon, in writing, between the parties before
1264imposing the charge.
1265
1266Any charges, including interest, in excess of the combined total
1267of all charges authorized and permitted by this chapter
1268constitute a violation of chapter 687 governing interest and
1269usury, and the penalties of that chapter apply. In the event of
1270a bona fide error, the licensee shall refund or credit the
1271borrower with the amount of the overcharge immediately but
1272within 20 days from the discovery of such error.
1273     Section 30.  Paragraph (b) of subsection (4) of section
1274650.05, Florida Statutes, is amended to read:
1275     650.05  Plans for coverage of employees of political
1276subdivisions.--
1277     (4)
1278     (b)  The grants-in-aid and other revenue referred to in
1279paragraph (a) specifically include, but are not limited to,
1280minimum foundation program grants to public school districts and
1281community colleges; gasoline, motor fuel, intangible, cigarette,
1282racing, and insurance premium taxes distributed to political
1283subdivisions; and amounts specifically appropriated as grants-
1284in-aid for mental health, mental retardation, and mosquito
1285control programs.
1286     Section 31.  Subsection (1) of section 655.071, Florida
1287Statutes, is amended to read:
1288     655.071  International banking facilities; definitions;
1289notice before establishment.--
1290     (1)  "International banking facility" means a set of asset
1291and liability accounts segregated on the books and records of a
1292banking organization, as that term is defined in s. 201.23
1293199.023, that includes only international banking facility
1294deposits, borrowings, and extensions of credit, as those terms
1295shall be defined by the commission pursuant to subsection (2).
1296     Section 32.  Subsections (5) and (6) of section 733.702,
1297Florida Statutes, are amended to read:
1298     733.702  Limitations on presentation of claims.--
1299     (5)  The Department of Revenue may file a claim against the
1300estate of a decedent for taxes due under chapter 199 after the
1301expiration of the time for filing claims provided in subsection
1302(1), if the department files its claim within 30 days after the
1303service of the inventory. Upon filing of the estate tax return
1304with the department as provided in s. 198.13, or to the extent
1305the inventory or estate tax return is amended or supplemented,
1306the department has the right to file a claim or to amend its
1307previously filed claim within 30 days after service of the
1308estate tax return, or an amended or supplemented inventory or
1309filing of an amended or supplemental estate tax return, as to
1310the additional information disclosed.
1311     (5)(6)  Nothing in this section shall extend the
1312limitations period set forth in s. 733.710.
1313     Section 33.  Effective upon this act becoming a law, the
1314executive director of the Department of Revenue may, and all
1315conditions are deemed met, adopt emergency rules under ss.
1316120.536(1) and 120.54, Florida Statutes, to implement chapter
1317199, Florida Statutes. Notwithstanding any other provision of
1318law, such emergency rules shall remain effective for 6 months
1319after the date of adoption and may be renewed during the
1320pendency of procedures to adopt rules addressing the subject of
1321the emergency rules.
1322     Section 34.  Except as otherwise provided herein, this act
1323shall take effect January 1, 2006.


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