HB 0963

CS

CHAMBER ACTION

1	The Finance & Tax Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the annual intangible personal property
7	tax; repealing ss. 199.012, 199.023, 199.032, 199.033,
8	199.042, 199.052, 199.057, 199.062, 199.103, 199.1055,
9	199.106, 199.175, and 199.185, F.S., relating to the
10	annual intangible personal property tax; amending s.
11	199.303, F.S.; providing additional legislative intent
12	relating to the annual intangible personal property tax;
13	amending ss. 28.35, 192.0105, 192.032, 192.042, 192.091,
14	193.114, 196.015, 196.199, 196.1993, 199.133, 199.183,
15	199.218, 199.232, 199.282, 199.292, 201.23, 212.02,
16	213.053, 213.054, 213.27, 220.1845, 376.30781, 493.6102,
17	516.031, 650.05, 655.071, and 733.702, F.S., to conform
18	provisions to the repeal of the annual intangible personal
19	property tax; authorizing the Department of Revenue to
20	adopt emergency implementing rules for a certain time;
21	providing effective dates.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Sections 199.012, 199.023, 199.032, 199.033,
26	199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
27	199.175, and 199.185, Florida Statutes, are repealed.
28	Section 2.  Paragraph (c) of subsection (1) of section
29	28.35, Florida Statutes, is amended to read:
30	28.35  Florida Clerks of Court Operations Corporation.--
31	(1)
32	(c)  For the purposes of s. 199.183(1), The corporation
33	shall be considered a political subdivision of the state and
34	shall be exempt from the corporate income tax. The corporation
35	is not subject to the procurement provisions of chapter 287 and
36	policies and decisions of the corporation relating to incurring
37	debt, levying assessments, and the sale, issuance, continuation,
38	terms, and claims under corporation policies, and all services
39	relating thereto, are not subject to the provisions of chapter
40	120.
41	Section 3.  Paragraph (a) of subsection (4) of section
42	192.0105, Florida Statutes, is amended to read:
43	192.0105  Taxpayer rights.--There is created a Florida
44	Taxpayer's Bill of Rights for property taxes and assessments to
45	guarantee that the rights, privacy, and property of the
46	taxpayers of this state are adequately safeguarded and protected
47	during tax levy, assessment, collection, and enforcement
48	processes administered under the revenue laws of this state. The
49	Taxpayer's Bill of Rights compiles, in one document, brief but
50	comprehensive statements that summarize the rights and
51	obligations of the property appraisers, tax collectors, clerks
52	of the court, local governing boards, the Department of Revenue,
53	and taxpayers. Additional rights afforded to payors of taxes and
54	assessments imposed under the revenue laws of this state are
55	provided in s. 213.015. The rights afforded taxpayers to assure
56	that their privacy and property are safeguarded and protected
57	during tax levy, assessment, and collection are available only
58	insofar as they are implemented in other parts of the Florida
59	Statutes or rules of the Department of Revenue. The rights so
60	guaranteed to state taxpayers in the Florida Statutes and the
61	departmental rules include:
62	(4)  THE RIGHT TO CONFIDENTIALITY.--
63	(a)  The right to have information kept confidential,
64	including federal tax information, ad valorem tax returns,
65	social security numbers, all financial records produced by the
66	taxpayer, Form DR-219 returns for documentary stamp tax
67	information, and sworn statements of gross income, copies of
68	federal income tax returns for the prior year, wage and earnings
69	statements (W-2 forms), and other documents (see ss. 192.105,
70	193.074, 193.114(5)(6), 195.027(3) and (6), and 196.101(4)(c)).
71	Section 4.  Subsections (5), (6), and (7) of section
72	192.032, Florida Statutes, are amended to read:
73	192.032  Situs of property for assessment purposes.--All
74	property shall be assessed according to its situs as follows:
75	(5)  Intangible personal property, according to the rules
76	laid down in chapter 199.
77	(5)(6)(a)  Notwithstanding the provisions of subsection
78	(2), personal property used as a marine cargo container in the
79	conduct of foreign or interstate commerce shall not be deemed to
80	have acquired a taxable situs within a county when the property
81	is temporarily halted or stored within the state for a period
82	not exceeding 180 days.
83	(b)  "Marine cargo container" means a nondisposable
84	receptacle which is of a permanent character, strong enough to
85	be suitable for repeated use; which is specifically designed to
86	facilitate the carriage of goods by one or more modes of
87	transport, one of which shall be by ocean vessel, without
88	intermediate reloading; and which is fitted with devices
89	permitting its ready handling, particularly in the transfer from
90	one transport mode to another. The term "marine cargo container"
91	includes a container when carried on a chassis but does not
92	include a vehicle or packaging.
93	(6)(7)  Notwithstanding any other provision of this
94	section, tangible personal property used in traveling shows such
95	as carnivals, ice shows, or circuses shall be deemed to be
96	physically present or habitually located or typically present
97	only to the extent the value of such property is multiplied by a
98	fraction, the numerator of which is the number of days such
99	property is present in Florida during the taxable year and the
100	denominator of which is the number of days in the taxable year.
101	However, railroad property of such traveling shows shall be
102	taxable under s. 193.085(4)(b) and not under this section.
103	Section 5.  Subsection (3) of section 192.042, Florida
104	Statutes, is amended to read:
105	192.042  Date of assessment.--All property shall be
106	assessed according to its just value as follows:
107	(3)  Intangible personal property, according to the rules
108	laid down in chapter 199.
109	Section 6.  Subsections (5) and (6) of section 192.091,
110	Florida Statutes, are amended to read:
111	192.091  Commissions of property appraisers and tax
112	collectors.--
113	(5)  Provided, that The provisions of this section shall
114	not apply to commissions on intangible property taxes or
115	drainage district or drainage subdistrict taxes.; and
116	(6)  If Provided, further, that where any property
117	appraiser or tax collector in the state is receiving
118	compensation for expenses in conducting his or her office or by
119	way of salary pursuant to any act of the Legislature other than
120	the general law fixing compensation of property appraisers, such
121	property appraiser or tax collector may file a declaration in
122	writing with the board of county commissioners of his or her
123	county electing to come under the provisions of this section,
124	and thereupon such property appraiser or tax collector shall be
125	paid compensation in accordance with the provisions hereof, and
126	shall not be entitled to the benefit of the said special or
127	local act. If such property appraiser or tax collector does not
128	so elect, he or she shall continue to be paid such compensation
129	as may now be provided by law for such property appraiser or tax
130	collector.
131	Section 7.  Subsections (4), (5), and (6) of section
132	193.114, Florida Statutes, are amended to read:
133	193.114  Preparation of assessment rolls.--
134	(4)  The department shall promulgate regulations and forms
135	for the preparation of the intangible personal property roll to
136	comply with chapter 199.
137	(4)(5)  For every change made to the assessed or taxable
138	value of a parcel on an assessment roll subsequent to the
139	mailing of the notice provided for in s. 200.069, the property
140	appraiser shall document the reason for such change in the
141	public records of the office of the property appraiser in a
142	manner acceptable to the executive director or the executive
143	director's designee. For every change that decreases the
144	assessed or taxable value of a parcel on an assessment roll
145	between the time of complete submission of the tax roll pursuant
146	to s. 193.1142(3) and mailing of the notice provided for in s.
147	200.069, the property appraiser shall document the reason for
148	such change in the public records of the office of the property
149	appraiser in a manner acceptable to the executive director or
150	the executive director's designee. Changes made by the value
151	adjustment board are not subject to the requirements of this
152	subsection.
153	(5)(6)  For proprietary purposes, including the furnishing
154	or sale of copies of the tax roll under s. 119.07(1), the
155	property appraiser is the custodian of the tax roll and the
156	copies of it which are maintained by any state agency. The
157	department or any state or local agency may use copies of the
158	tax roll received by it for official purposes and shall permit
159	inspection and examination thereof under s. 119.07(1), but is
160	not required to furnish copies of the records. A social security
161	number submitted under s. 196.011(1) is confidential and exempt
162	from s. 24(a), Art. I of the State Constitution and the
163	provisions of s. 119.07(1). A copy of documents containing the
164	numbers furnished or sold by the property appraiser, except a
165	copy furnished to the department, or a copy of documents
166	containing social security numbers provided by the department or
167	any state or local agency for inspection or examination by the
168	public, must exclude those social security numbers.
169	Section 8.  Subsection (9) of section 196.015, Florida
170	Statutes, is amended to read:
171	196.015  Permanent residency; factual determination by
172	property appraiser.--Intention to establish a permanent
173	residence in this state is a factual determination to be made,
174	in the first instance, by the property appraiser. Although any
175	one factor is not conclusive of the establishment or
176	nonestablishment of permanent residence, the following are
177	relevant factors that may be considered by the property
178	appraiser in making his or her determination as to the intent of
179	a person claiming a homestead exemption to establish a permanent
180	residence in this state:
181	(9)  The previous filing of Florida intangible tax returns
182	by the applicant.
183	Section 9.  Paragraph (b) of subsection (2) of section
184	196.199, Florida Statutes, is amended to read:
185	196.199  Government property exemption.--
186	(2)  Property owned by the following governmental units but
187	used by nongovernmental lessees shall only be exempt from
188	taxation under the following conditions:
189	(b)  Except as provided in paragraph (c), the exemption
190	provided by this subsection shall not apply to those portions of
191	a leasehold or other possessory interest in real property,
192	except for any leasehold or other possessory interest described
193	in s. 4(a), Art. VII of the State Constitution or subsection
194	(7), owned by the United States, the state, any political
195	subdivision of the state, any municipality of the state, or any
196	agency, authority, and other public body corporate of the state,
197	which are undeveloped or predominantly used for residential or
198	commercial purposes and upon which rental payments are due
199	defined by s. 199.023(1)(d), subject to the provisions of
200	subsection (7). Such leasehold or other interest shall be taxed
201	only as intangible personal property pursuant to chapter 199 if
202	rental payments are due in consideration of such leasehold or
203	other interest. If no rental payments are due pursuant to the
204	agreement creating such leasehold or other interest, the
205	leasehold or other interest shall be taxed as real property.
206	Nothing in this paragraph shall be deemed to exempt personal
207	property, buildings, or other real property improvements owned
208	by the lessee from ad valorem taxation.
209	Section 10.  Section 196.1993, Florida Statutes, is amended
210	to read:
211	196.1993  Certain agreements with local governments for use
212	of public property; exemption.--Any agreement entered into with
213	a local governmental authority prior to January 1, 1969, for use
214	of public property, under which it was understood and agreed in
215	a written instrument or by special act that no ad valorem real
216	property taxes would be paid by the licensee or lessee, shall be
217	deemed a license or management agreement for the use or
218	management of public property. Such interest shall be deemed not
219	to convey an interest in the property and shall not be subject
220	to ad valorem real property taxation. Nothing in this section
221	shall be deemed to exempt such licensee from the ad valorem
222	intangible tax and the ad valorem personal property tax.
223	Section 11.  Subsection (2) of section 199.133, Florida
224	Statutes, is amended to read:
225	199.133  Levy of nonrecurring tax; relationship to annual
226	tax.--
227	(2)  The nonrecurring tax shall apply to a note, bond, or
228	other obligation for payment of money only to the extent it is
229	secured by mortgage, deed of trust, or other lien upon real
230	property situated in this state. Where a note, bond, or other
231	obligation is secured by personal property or by real property
232	situated outside this state, as well as by mortgage, deed of
233	trust, or other lien upon real property situated in this state,
234	then the nonrecurring tax shall apply to that portion of the
235	note, bond, or other obligation which bears the same ratio to
236	the entire principal balance of the note, bond, or other
237	obligation as the value of the real property situated in this
238	state bears to the value of all of the security; however, if the
239	security is solely made up of personal property and real
240	property situated in this state, the taxpayer may elect to
241	apportion the taxes based upon the value of the collateral, if
242	any, to which the taxpayer by law or contract must look first
243	for collection. In no event shall the portion of the note, bond,
244	or other obligation which is subject to the nonrecurring tax
245	exceed in value the value of the real property situated in this
246	state which is the security. The portion of a note, bond, or
247	other obligation which is not subject to the nonrecurring tax
248	shall be subject to the annual tax unless otherwise exempt.
249	Section 12.  Subsections (1), (3), and (4) of section
250	199.183, Florida Statutes, are amended to read:
251	199.183  Taxpayers exempt from annual and nonrecurring
252	taxes.--
253	(1)  Intangible personal property owned by this state or
254	any of its political subdivisions or municipalities shall be
255	exempt from taxation under this chapter. This exemption does not
256	apply to:
257	(a)  Any leasehold or other interest that is described in
258	s. 199.023(1)(d).
259	(b)  property related to the provision of two-way
260	telecommunications services to the public for hire by the use of
261	a telecommunications facility, as defined in s. 364.02(14), and
262	for which a certificate is required under chapter 364, when such
263	service is provided by any county, municipality, or other
264	political subdivision of the state. Any immunity of any
265	political subdivision of the state or other entity of local
266	government from taxation of the property used to provide
267	telecommunication services that is taxed as a result of this
268	paragraph is hereby waived. However, intangible personal
269	property related to the provision of such telecommunications
270	services provided by the operator of a public-use airport, as
271	defined in s. 332.004, for the operator's provision of
272	telecommunications services for the airport or its tenants,
273	concessionaires, or licensees, and intangible personal property
274	related to the provision of such telecommunications services
275	provided by a public hospital, are exempt from taxation under
276	this chapter.
277	(3)  Every national bank having its principal place of
278	business in another state, but operating a credit card credit
279	application processing, customer service, or collection
280	operation in this state, that is not considered a bank under the
281	provisions of 12 U.S.C. s. 1841(c)(2)(F), is exempt from paying
282	the tax imposed by this chapter on credit card receivables owed
283	to the bank by credit card holders domiciled outside this state.
284	(4)  Intangible personal property that is owned, managed,
285	or controlled by a trustee of a trust is exempt from annual tax
286	under this chapter. This exemption does not exempt from annual
287	tax a resident of this state who has a taxable beneficial
288	interest, as defined in s. 199.023, in a trust.
289	Section 13.  Section 199.218, Florida Statutes, is amended
290	to read:
291	199.218  Books and records.--
292	(1)  Each taxpayer shall retain all books and other records
293	necessary to identify the taxpayer's intangible personal
294	property and to determine any tax due under this chapter, as
295	well as all books and other records otherwise required by rule
296	of the department with respect to any such tax, until the
297	department's power to make an assessment with respect to such
298	tax has terminated under s. 95.091(3).
299	(2)  Each broker subject to the provisions of s. 199.062
300	shall preserve all books and other records relating to the
301	information reported under s. 199.062 or otherwise required by
302	rule of the department for a period of 3 years from the due date
303	of the report.
304	Section 14.  Paragraph (a) of subsection (1) and subsection
305	(3) of section 199.232, Florida Statutes, are amended to read:
306	199.232  Powers of department.--
307	(1)(a)  The department may audit the books and records of
308	any person to determine whether an annual tax or a nonrecurring
309	tax has been properly paid.
310	(3)  With or without an audit, the department may assess
311	any tax deficiency resulting from nonpayment or underpayment of
312	the tax, as well as any applicable interest and penalties. The
313	department shall assess on the basis of the best information
314	available to it, including estimates based on the best
315	information available to it if the taxpayer fails to permit
316	inspection of the taxpayer's records, fails to file an annual
317	return, files a grossly incorrect return, or files a false and
318	fraudulent return.
319	Section 15.  Subsections (2), (3), (4), (6), and (8) of
320	section 199.282, Florida Statutes, are amended, and subsections
321	(5), (7), and (9) of said section are renumbered as subsections
322	(4), (5), and (7), respectively, to read:
323	199.282  Penalties for violation of this chapter.--
324	(2)  If any annual or nonrecurring tax is not paid by the
325	statutory due date, then despite any extension granted under s.
326	199.232(6), interest shall run on the unpaid balance from such
327	due date until paid at the rate of 12 percent per year.
328	(3)(a)  If any annual or nonrecurring tax is not paid by
329	the due date, a delinquency penalty shall be charged. The
330	delinquency penalty shall be 10 percent of the delinquent tax
331	for each calendar month or portion thereof from the due date
332	until paid, up to a limit of 50 percent of the total tax not
333	timely paid.
334	(b)  If any annual tax return required by this chapter is
335	not filed by the due date, a penalty of 10 percent of the tax
336	due with the return shall be charged for each calendar month or
337	portion thereof during which the return remains unfiled, up to a
338	limit of 50 percent of the total tax due.
339
340	For any penalty assessed under this subsection, the combined
341	total for all penalties assessed under paragraphs (a) and (b)
342	shall not exceed 10 percent per calendar month, up to a limit of
343	50 percent of the total tax due.
344	(4)  If an annual tax return is filed and property is
345	either omitted from it or undervalued, then a specific penalty
346	shall be charged. The specific penalty shall be 10 percent of
347	the tax attributable to each omitted item or to each
348	undervaluation. No delinquency or late filing penalty shall be
349	charged with respect to any undervaluation.
350	(6)  Late reporting penalties shall be imposed as follows:
351	(a)  A penalty of $100 upon any corporation that does not
352	timely file a written notice required under s. 199.057(2)(c).
353	(b)  An initial penalty of $10 per customer position
354	statement, plus an additional penalty of the greater of 1
355	percent of the initial penalty or $50 for each month or portion
356	of a month, from the date due until filing is made, upon any
357	security dealer or investment adviser who does not timely file
358	or fails to file the statements required by s. 199.062(1). The
359	submission of a position statement that does not comply with the
360	department's specifications and instructions or the submission
361	of an inaccurate position statement is not a timely filing. The
362	department shall notify any security dealer or investment
363	adviser who fails to timely file the required statements. The
364	minimum penalty imposed upon a security dealer or investment
365	adviser under this paragraph is $100.
366	(6)(8)  Any person who fails or refuses to file an annual
367	return, or who fails or refuses to make records available for
368	inspection, when requested to do so by the department is guilty
369	of a misdemeanor of the first degree, punishable as provided in
370	s. 775.082 or s. 775.083.
371	Section 16.  Section 199.292, Florida Statutes, is amended
372	to read:
373	199.292  Disposition of intangible personal property
374	taxes.--All intangible personal property taxes collected
375	pursuant to this chapter, except for revenues derived from the
376	annual tax on a leasehold described in s. 199.023(1)(d), shall
377	be deposited into the General Revenue Fund. Revenues derived
378	from the annual tax on a leasehold described in s. 199.023(1)(d)
379	shall be returned to the local school board for the county in
380	which the property subject to the leasehold is situated.
381	Section 17.  Subsection (3) is added to section 199.303,
382	Florida Statutes, to read:
383	199.303  Declaration of legislative intent.--
384	(3)  It is hereby declared to be the specific intent of the
385	Legislature that all annual intangible personal property taxes
386	imposed as provided by law for calendar years 2005 and prior
387	shall remain in full force and effect during the period
388	specified by s. 95.091 for the year in which the tax was due. It
389	is further the intent of the Legislature that the department
390	continue to assess and collect all taxes due to the state under
391	such provisions for all periods available for assessment, as
392	provided for the year in which tax was due by s. 95.091.
393	Section 18.  Subsection (4) of section 201.23, Florida
394	Statutes, is amended to read:
395	201.23  Foreign notes and other written obligations
396	exempt.--
397	(4)(a)  The excise taxes imposed by this chapter shall not
398	apply to the documents, notes, evidences of indebtedness,
399	financing statements, drafts, bills of exchange, or other
400	taxable items dealt with, made, issued, drawn upon, accepted,
401	delivered, shipped, received, signed, executed, assigned,
402	transferred, or sold by or to a banking organization, as defined
403	in s. 199.023(9), in the conduct of an international banking
404	transaction, as defined in s. 199.023(11). Nothing in this
405	subsection shall be construed to change the application of
406	paragraph (2)(a).
407	(b)  For purposes of this subsection:
408	1.  "Banking organization" means:
409	a.  A bank organized and existing under the laws of this
410	the state;
411	b.  A national bank organized and existing pursuant to the
412	provisions of the National Bank Act, 12 U.S.C. ss. 21 et seq.,
413	and maintaining its principal office in this state;
414	c.  An Edge Act corporation organized pursuant to the
415	provisions of s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss.
416	611 et seq., and maintaining an office in this state;
417	d.  An international bank agency licensed pursuant to the
418	laws of this state;
419	e.  A federal agency licensed pursuant to ss. 4 and 5 of
420	the International Banking Act of 1978 to maintain an office in
421	this state;
422	f.  A savings association organized and existing under the
423	laws of this state;
424	g.  A federal association organized and existing pursuant
425	to the provisions of the Home Owners' Loan Act of 1933, 12
426	U.S.C. ss. 1461 et seq., and maintaining its principal office in
427	this state; or
428	h.  A Florida export finance corporation organized and
429	existing pursuant to the provisions of part V of chapter 288.
430	2.  "International banking transaction" means:
431	a.  The financing of the exportation from, or the
432	importation into, the United States or between jurisdictions
433	abroad of tangible personal property or services;
434	b.  The financing of the production, preparation, storage,
435	or transportation of tangible personal property or services
436	which are identifiable as being directly and solely for export
437	from, or import into, the United States or between jurisdictions
438	abroad;
439	c.  The financing of contracts, projects, or activities to
440	be performed substantially abroad, except those transactions
441	secured by a mortgage, deed of trust, or other lien upon real
442	property located in the state;
443	d.  The receipt of deposits or borrowings or the extensions
444	of credit by an international banking facility, except the loan
445	or deposit of funds secured by mortgage, deed of trust, or other
446	lien upon real property located in the state; or
447	e.  Entering into foreign exchange trading or hedging
448	transactions in connection with the activities described in sub-
449	subparagraph d.
450	Section 19.  Subsection (19) of section 212.02, Florida
451	Statutes, is amended to read:
452	212.02  Definitions.--The following terms and phrases when
453	used in this chapter have the meanings ascribed to them in this
454	section, except where the context clearly indicates a different
455	meaning:
456	(19)  "Tangible personal property" means and includes
457	personal property which may be seen, weighed, measured, or
458	touched or is in any manner perceptible to the senses, including
459	electric power or energy, boats, motor vehicles and mobile homes
460	as defined in s. 320.01(1) and (2), aircraft as defined in s.
461	330.27, and all other types of vehicles. The term "tangible
462	personal property" does not include stocks, bonds, notes,
463	insurance, or other obligations or securities; intangibles as
464	defined by the intangible tax law of the state; or pari-mutuel
465	tickets sold or issued under the racing laws of the state.
466	Section 20.  Paragraph (p) of subsection (7) and paragraph
467	(a) of subsection (14) of section 213.053, Florida Statutes, are
468	amended to read:
469	213.053  Confidentiality and information sharing.--
470	(7)  Notwithstanding any other provision of this section,
471	the department may provide:
472	(p)  Information relative to ss. 199.1055, 220.1845, and
473	376.30781 to the Department of Environmental Protection in the
474	conduct of its official business.
475
476	Disclosure of information under this subsection shall be
477	pursuant to a written agreement between the executive director
478	and the agency. Such agencies, governmental or nongovernmental,
479	shall be bound by the same requirements of confidentiality as
480	the Department of Revenue. Breach of confidentiality is a
481	misdemeanor of the first degree, punishable as provided by s.
482	775.082 or s. 775.083.
483	(14)(a)  Notwithstanding any other provision of this
484	section, the department shall, subject to the safeguards
485	specified in paragraph (c), disclose to the Division of
486	Corporations of the Department of State the name, address,
487	federal employer identification number, and duration of tax
488	filings with this state of all corporate or partnership entities
489	which are not on file or have a dissolved status with the
490	Division of Corporations and which have filed tax returns
491	pursuant to either chapter 199 or chapter 220.
492	Section 21.  Section 213.054, Florida Statutes, is amended
493	to read:
494	213.054  Persons claiming tax exemptions or deductions;
495	annual report.--The Department of Revenue shall be responsible
496	for monitoring the utilization of tax exemptions and tax
497	deductions authorized pursuant to chapter 81-179, Laws of
498	Florida. On or before September 1 of each year, the department
499	shall report to the Chief Financial Officer the names and
500	addresses of all persons who have claimed an exemption pursuant
501	to s. 199.185(1)(i) or a deduction pursuant to s. 220.63(5).
502	Section 22.  Section 213.27, Florida Statutes, is amended
503	to read:
504	213.27  Contracts with debt collection agencies and certain
505	vendors.--
506	(1)  The Department of Revenue may, for the purpose of
507	collecting any delinquent taxes due from a taxpayer, including
508	taxes for which a bill or notice has been generated, contract
509	with any debt collection agency or attorney doing business
510	within or without this state for the collection of such
511	delinquent taxes including penalties and interest thereon. The
512	department may also share confidential information pursuant to
513	the contract necessary for the collection of delinquent taxes
514	and taxes for which a billing or notice has been generated.
515	Contracts will be made pursuant to chapter 287. The taxpayer
516	must be notified by mail by the department, its employees, or
517	its authorized representative 30 days prior to commencing any
518	litigation to recover any delinquent taxes. The taxpayer must be
519	notified by mail by the department 30 days prior to the
520	department assigning the collection of any taxes to the debt
521	collection agency.
522	(2)  The department may enter into contracts with any
523	individual or business for the purpose of identifying intangible
524	personal property tax liability. Contracts may provide for the
525	identification of assets subject to the tax on intangible
526	personal property, the determination of value of such property,
527	the requirement for filing a tax return and the collection of
528	taxes due, including applicable penalties and interest thereon.
529	The department may share confidential information pursuant to
530	the contract necessary for the identification of taxable
531	intangible personal property. Contracts shall be made pursuant
532	to chapter 287. The taxpayer must be notified by mail by the
533	department 30 days prior to the department assigning
534	identification of intangible personal property to an individual
535	or business.
536	(2)(3)  Any contract may provide, in the discretion of the
537	executive director of the Department of Revenue, the manner in
538	which the compensation for such services will be paid. Under
539	standards established by the department, such compensation shall
540	be added to the amount of the tax and collected as a part
541	thereof by the agency or deducted from the amount of tax,
542	penalty, and interest actually collected.
543	(3)(4)  All funds collected under the terms of the
544	contract, less the fees provided in the contract, shall be
545	remitted to the department within 30 days from the date of
546	collection from a taxpayer. Forms to be used for such purpose
547	shall be prescribed by the department.
548	(4)(5)  The department shall require a bond from the debt
549	collection agency or the individual or business contracted with
550	under subsection (2) not in excess of $100,000 guaranteeing
551	compliance with the terms of the contract. However, a bond of
552	$10,000 is required from a debt collection agency if the agency
553	does not actually collect and remit delinquent funds to the
554	department.
555	(5)(6)  The department may, for the purpose of ascertaining
556	the amount of or collecting any taxes due from a person doing
557	mail order business in this state, contract with any auditing
558	agency doing business within or without this state for the
559	purpose of conducting an audit of such mail order business;
560	however, such audit agency may not conduct an audit on behalf of
561	the department of any person domiciled in this state, person
562	registered for sales and use tax purposes in this state, or
563	corporation filing a Florida corporate tax return, if any such
564	person or corporation objects to such audit in writing to the
565	department and the auditing agency. The department shall notify
566	the taxpayer by mail at least 30 days before the department
567	assigns the collection of such taxes.
568	(6)(7)  Confidential information shared by the department
569	with debt collection or auditing agencies or individuals or
570	businesses with which the department has contracted under
571	subsection (2) is exempt from the provisions of s. 119.07(1),
572	and debt collection or auditing agencies and individuals or
573	businesses with which the department has contracted under
574	subsection (2) shall be bound by the same requirements of
575	confidentiality as the Department of Revenue. Breach of
576	confidentiality is a misdemeanor of the first degree, punishable
577	as provided by ss. 775.082 and 775.083.
578	(7)(8)(a)  The executive director of the department may
579	enter into contracts with private vendors to develop and
580	implement systems to enhance tax collections where compensation
581	to the vendors is funded through increased tax collections. The
582	amount of compensation paid to a vendor shall be based on a
583	percentage of increased tax collections attributable to the
584	system after all administrative and judicial appeals are
585	exhausted, and the total amount of compensation paid to a vendor
586	shall not exceed the maximum amount stated in the contract.
587	(b)  A person acting on behalf of the department under a
588	contract authorized by this subsection does not exercise any of
589	the powers of the department, except that the person is an agent
590	of the department for the purposes of developing and
591	implementing a system to enhance tax collection.
592	(c)  Disclosure of information under this subsection shall
593	be pursuant to a written agreement between the executive
594	director and the private vendors. The vendors shall be bound by
595	the same requirements of confidentiality as the department.
596	Breach of confidentiality is a misdemeanor of the first degree,
597	punishable as provided in s. 775.082 or s. 775.083.
598	Section 23.  Subsection (1) and paragraphs (b) and (c) of
599	subsection (3) of section 220.1845, Florida Statutes, are
600	amended to read:
601	220.1845  Contaminated site rehabilitation tax credit.--
602	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
603	(a)  A credit in the amount of 35 percent of the costs of
604	voluntary cleanup activity that is integral to site
605	rehabilitation at the following sites is available against any
606	tax due for a taxable year under this chapter:
607	1.  A drycleaning-solvent-contaminated site eligible for
608	state-funded site rehabilitation under s. 376.3078(3);
609	2.  A drycleaning-solvent-contaminated site at which
610	cleanup is undertaken by the real property owner pursuant to s.
611	376.3078(11), if the real property owner is not also, and has
612	never been, the owner or operator of the drycleaning facility
613	where the contamination exists; or
614	3.  A brownfield site in a designated brownfield area under
615	s. 376.80.
616	(b)  A tax credit applicant, or multiple tax credit
617	applicants working jointly to clean up a single site, may not be
618	granted more than $250,000 per year in tax credits for each site
619	voluntarily rehabilitated. Multiple tax credit applicants shall
620	be granted tax credits in the same proportion as their
621	contribution to payment of cleanup costs. Subject to the same
622	conditions and limitations as provided in this section, a
623	municipality, county, or other tax credit applicant which
624	voluntarily rehabilitates a site may receive not more than
625	$250,000 per year in tax credits which it can subsequently
626	transfer subject to the provisions in paragraph (g)(h).
627	(c)  If the credit granted under this section is not fully
628	used in any one year because of insufficient tax liability on
629	the part of the corporation, the unused amount may be carried
630	forward for a period not to exceed 5 years. The carryover credit
631	may be used in a subsequent year when the tax imposed by this
632	chapter for that year exceeds the credit for which the
633	corporation is eligible in that year under this section after
634	applying the other credits and unused carryovers in the order
635	provided by s. 220.02(8). Five years after the date a credit is
636	granted under this section, such credit expires and may not be
637	used. However, if during the 5-year period the credit is
638	transferred, in whole or in part, pursuant to paragraph (g)(h),
639	each transferee has 5 years after the date of transfer to use
640	its credit.
641	(d)  A taxpayer that files a consolidated return in this
642	state as a member of an affiliated group under s. 220.131(1) may
643	be allowed the credit on a consolidated return basis up to the
644	amount of tax imposed upon the consolidated group.
645	(e)  A taxpayer that receives credit under s. 199.1055 is
646	ineligible to receive credit under this section in a given tax
647	year.
648	(e)(f)  A tax credit applicant that receives state-funded
649	site rehabilitation under s. 376.3078(3) for rehabilitation of a
650	drycleaning-solvent-contaminated site is ineligible to receive
651	credit under this section for costs incurred by the tax credit
652	applicant in conjunction with the rehabilitation of that site
653	during the same time period that state-administered site
654	rehabilitation was underway.
655	(f)(g)  The total amount of the tax credits which may be
656	granted under this section and s. 199.1055 is $2 million
657	annually.
658	(g)(h)1.  Tax credits that may be available under this
659	section to an entity eligible under s. 376.30781 may be
660	transferred after a merger or acquisition to the surviving or
661	acquiring entity and used in the same manner and with the same
662	limitations.
663	2.  The entity or its surviving or acquiring entity as
664	described in subparagraph 1., may transfer any unused credit in
665	whole or in units of no less than 25 percent of the remaining
666	credit. The entity acquiring such credit may use it in the same
667	manner and with the same limitation as described in this
668	section. Such transferred credits may not be transferred again
669	although they may succeed to a surviving or acquiring entity
670	subject to the same conditions and limitations as described in
671	this section.
672	3.  In the event the credit provided for under this section
673	is reduced either as a result of a determination by the
674	Department of Environmental Protection or an examination or
675	audit by the Department of Revenue, such tax deficiency shall be
676	recovered from the first entity, or the surviving or acquiring
677	entity, to have claimed such credit up to the amount of credit
678	taken. Any subsequent deficiencies shall be assessed against any
679	entity acquiring and claiming such credit, or in the case of
680	multiple succeeding entities in the order of credit succession.
681	(h)(i)  In order to encourage completion of site
682	rehabilitation at contaminated sites being voluntarily cleaned
683	up and eligible for a tax credit under this section, the tax
684	credit applicant may claim an additional 10 percent of the total
685	cleanup costs, not to exceed $50,000, in the final year of
686	cleanup as evidenced by the Department of Environmental
687	Protection issuing a "No Further Action" order for that site.
688	(3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
689	FORFEITURE.--
690	(b)  In addition to its existing audit and investigation
691	authority relating to chapter 199 and this chapter, the
692	Department of Revenue may perform any additional financial and
693	technical audits and investigations, including examining the
694	accounts, books, or records of the tax credit applicant, which
695	are necessary to verify the site rehabilitation costs included
696	in a tax credit return and to ensure compliance with this
697	section. The Department of Environmental Protection shall
698	provide technical assistance, when requested by the Department
699	of Revenue, on any technical audits performed pursuant to this
700	section.
701	(c)  It is grounds for forfeiture of previously claimed and
702	received tax credits if the Department of Revenue determines, as
703	a result of either an audit or information received from the
704	Department of Environmental Protection, that a taxpayer received
705	tax credits pursuant to this section to which the taxpayer was
706	not entitled. In the case of fraud, the taxpayer shall be
707	prohibited from claiming any future tax credits under this
708	section or s. 199.1055.
709	1.  The taxpayer is responsible for returning forfeited tax
710	credits to the Department of Revenue, and such funds shall be
711	paid into the General Revenue Fund of the state.
712	2.  The taxpayer shall file with the Department of Revenue
713	an amended tax return or such other report as the Department of
714	Revenue prescribes by rule and shall pay any required tax within
715	60 days after the taxpayer receives notification from the
716	Department of Environmental Protection pursuant to s. 376.30781
717	that previously approved tax credits have been revoked or
718	modified, if uncontested, or within 60 days after a final order
719	is issued following proceedings involving a contested revocation
720	or modification order.
721	3.  A notice of deficiency may be issued by the Department
722	of Revenue at any time within 5 years after the date the
723	taxpayer receives notification from the Department of
724	Environmental Protection pursuant to s. 376.30781 that
725	previously approved tax credits have been revoked or modified.
726	If a taxpayer fails to notify the Department of Revenue of any
727	change in its tax credit claimed, a notice of deficiency may be
728	issued at any time. In either case, the amount of any proposed
729	assessment set forth in such notice of deficiency shall be
730	limited to the amount of any deficiency resulting under this
731	section from the recomputation of the taxpayer's tax for the
732	taxable year.
733	4.  Any taxpayer that fails to report and timely pay any
734	tax due as a result of the forfeiture of its tax credit is in
735	violation of this section and is subject to applicable penalty
736	and interest.
737	Section 24.  Paragraph (a) of subsection (2) and
738	subsections (3), (8), and (12) of section 376.30781, Florida
739	Statutes, are amended to read:
740	376.30781  Partial tax credits for rehabilitation of
741	drycleaning-solvent-contaminated sites and brownfield sites in
742	designated brownfield areas; application process; rulemaking
743	authority; revocation authority.--
744	(2)(a)  A credit in the amount of 35 percent of the costs
745	of voluntary cleanup activity that is integral to site
746	rehabilitation at the following sites is allowed pursuant to s.
747	ss. 199.1055 and 220.1845:
748	1.  A drycleaning-solvent-contaminated site eligible for
749	state-funded site rehabilitation under s. 376.3078(3);
750	2.  A drycleaning-solvent-contaminated site at which
751	cleanup is undertaken by the real property owner pursuant to s.
752	376.3078(11), if the real property owner is not also, and has
753	never been, the owner or operator of the drycleaning facility
754	where the contamination exists; or
755	3.  A brownfield site in a designated brownfield area under
756	s. 376.80.
757	(3)  The Department of Environmental Protection shall be
758	responsible for allocating the tax credits provided for in s.
759	ss. 199.1055 and 220.1845, not to exceed a total of $2 million
760	in tax credits annually.
761	(8)  On or before March 1, the Department of Environmental
762	Protection shall inform each eligible tax credit applicant of
763	the amount of its partial tax credit and provide each eligible
764	tax credit applicant with a tax credit certificate that must be
765	submitted with its tax return to the Department of Revenue to
766	claim the tax credit or be transferred pursuant to s.
767	199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in
768	the payment of refunds if total credits exceed the amount of tax
769	owed.
770	(12)  A tax credit applicant who receives state-funded site
771	rehabilitation under s. 376.3078(3) for rehabilitation of a
772	drycleaning-solvent-contaminated site is ineligible to receive a
773	tax credit under s. 199.1055 or s. 220.1845 for costs incurred
774	by the tax credit applicant in conjunction with the
775	rehabilitation of that site during the same time period that
776	state-administered site rehabilitation was underway.
777	Section 25.  Subsection (13) of section 493.6102, Florida
778	Statutes, is amended to read:
779	493.6102  Inapplicability of this chapter.--This chapter
780	shall not apply to:
781	(13)  Any individual employed as a security officer by a
782	church or ecclesiastical or denominational organization having
783	an established physical place of worship in this state at which
784	nonprofit religious services and activities are regularly
785	conducted or by a church cemetery religious institution as
786	defined in s. 199.183(2)(a) to provide security on the
787	institution property of the organization or cemetery, and who
788	does not carry a firearm in the course of her or his duties.
789	Section 26.  Paragraph (a) of subsection (3) of section
790	516.031, Florida Statutes, is amended to read:
791	516.031  Finance charge; maximum rates.--
792	(3)  OTHER CHARGES.--
793	(a)  In addition to the interest, delinquency, and
794	insurance charges herein provided for, no further or other
795	charges or amount whatsoever for any examination, service,
796	commission, or other thing or otherwise shall be directly or
797	indirectly charged, contracted for, or received as a condition
798	to the grant of a loan, except:
799	1.  An amount not to exceed $10 to reimburse a portion of
800	the costs for investigating the character and credit of the
801	person applying for the loan;
802	2.  An annual fee of $25 on the anniversary date of each
803	line-of-credit account;
804	3.  Charges paid for brokerage fee on a loan or line of
805	credit of more than $10,000, title insurance, and the appraisal
806	of real property offered as security when paid to a third party
807	and supported by an actual expenditure;
808	4.  Intangible personal property tax on the loan note or
809	obligation when secured by a lien on real property;
810	4.5.  The documentary excise tax and lawful fees, if any,
811	actually and necessarily paid out by the licensee to any public
812	officer for filing, recording, or releasing in any public office
813	any instrument securing the loan, which fees may be collected
814	when the loan is made or at any time thereafter;
815	5.6.  The premium payable for any insurance in lieu of
816	perfecting any security interest otherwise required by the
817	licensee in connection with the loan, if the premium does not
818	exceed the fees which would otherwise be payable, which premium
819	may be collected when the loan is made or at any time
820	thereafter;
821	6.7.  Actual and reasonable attorney's fees and court costs
822	as determined by the court in which suit is filed;
823	7.8.  Actual and commercially reasonable expenses of
824	repossession, storing, repairing and placing in condition for
825	sale, and selling of any property pledged as security; or
826	8.9.  A delinquency charge not to exceed $10 for each
827	payment in default for a period of not less than 10 days, if the
828	charge is agreed upon, in writing, between the parties before
829	imposing the charge.
830
831	Any charges, including interest, in excess of the combined total
832	of all charges authorized and permitted by this chapter
833	constitute a violation of chapter 687 governing interest and
834	usury, and the penalties of that chapter apply. In the event of
835	a bona fide error, the licensee shall refund or credit the
836	borrower with the amount of the overcharge immediately but
837	within 20 days from the discovery of such error.
838	Section 27.  Paragraph (b) of subsection (4) of section
839	650.05, Florida Statutes, is amended to read:
840	650.05  Plans for coverage of employees of political
841	subdivisions.--
842	(4)
843	(b)  The grants-in-aid and other revenue referred to in
844	paragraph (a) specifically include, but are not limited to,
845	minimum foundation program grants to public school districts and
846	community colleges; gasoline, motor fuel, intangible, cigarette,
847	racing, and insurance premium taxes distributed to political
848	subdivisions; and amounts specifically appropriated as grants-
849	in-aid for mental health, mental retardation, and mosquito
850	control programs.
851	Section 28.  Subsection (1) of section 655.071, Florida
852	Statutes, is amended to read:
853	655.071  International banking facilities; definitions;
854	notice before establishment.--
855	(1)  "International banking facility" means a set of asset
856	and liability accounts segregated on the books and records of a
857	banking organization, as that term is defined in s. 201.23
858	199.023, that includes only international banking facility
859	deposits, borrowings, and extensions of credit, as those terms
860	shall be defined by the commission pursuant to subsection (2).
861	Section 29. Effective January 1, 2008, subsections (5) and
862	(6) of section 733.702, Florida Statutes, are amended to read:
863	733.702  Limitations on presentation of claims.--
864	(5)  The Department of Revenue may file a claim against the
865	estate of a decedent for taxes due under chapter 199 after the
866	expiration of the time for filing claims provided in subsection
867	(1), if the department files its claim within 30 days after the
868	service of the inventory. Upon filing of the estate tax return
869	with the department as provided in s. 198.13, or to the extent
870	the inventory or estate tax return is amended or supplemented,
871	the department has the right to file a claim or to amend its
872	previously filed claim within 30 days after service of the
873	estate tax return, or an amended or supplemented inventory or
874	filing of an amended or supplemental estate tax return, as to
875	the additional information disclosed.
876	(5)(6)  Nothing in this section shall extend the
877	limitations period set forth in s. 733.710.
878	Section 30.  Effective upon this act becoming a law, the
879	executive director of the Department of Revenue may adopt
880	emergency rules under ss. 120.536(1) and 120.54, Florida
881	Statutes, to implement chapter 199, Florida Statutes, and all
882	conditions are deemed met for the adoption of such rules.
883	Notwithstanding any other provision of law, such emergency rules
884	shall remain effective for 6 months after the date of adoption
885	and may be renewed during the pendency of procedures to adopt
886	rules addressing the subject of the emergency rules.
887	Section 31.  Except as otherwise provided herein, this act
888	shall take effect January 1, 2006.

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