Senate Bill sb1946

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    Florida Senate - 2006                                  SB 1946

    By Senator Clary





    4-1562-06

  1                      A bill to be entitled

  2         An act relating to the tax on intangible

  3         personal property; repealing ch. 199, F.S., the

  4         "Intangible Personal Property Tax Act";

  5         amending ss. 28.35, 72.011, 192.091, 196.199,

  6         196.1993, 199.1055, 212.02, 213.015, 213.05,

  7         213.053, 213.054, 213.13, 213.27, 215.555,

  8         220.1845, 288.039, 288.1045, 288.106, 288.1067,

  9         376.30781, 493.6102, 516.031, 627.311, 627.351,

10         650.05, 655.071, 733.702, and 766.105, Florida

11         Statutes, to conform to that repeal; repealing

12         ss. 192.032(5), 192.042(3), 193.114(4),

13         196.015(9), and 341.840(6), F.S., relating to

14         the situs of property for assessment purposes,

15         the date of assessment of property, the

16         preparation of assessment rolls, the filing of

17         intangible tax returns as a factor in

18         determining residency, and a tax exemption for

19         certain leasehold interests of the Florida

20         High-Speed Rail Authority; amending s.

21         192.0105, F.S.; conforming a cross-reference;

22         providing an effective date.

23  

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

25  

26         Section 1.  Chapter 199, Florida Statutes, consisting

27  of sections 199.012, 199.023, 199.032, 199.033, 199.042,

28  199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,

29  199.133, 199.135, 199.143, 199.145, 199.155, 199.175, 199.183,

30  199.185, 199.1851, 199.202, 199.212, 199.218, 199.232,

31  

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 1  199.262, 199.272, 199.282, 199.292, and 199.303, Florida

 2  Statutes, is repealed.

 3         Section 2.  Paragraph (c) of subsection (1) of section

 4  28.35, Florida Statutes, is amended to read:

 5         28.35  Florida Clerks of Court Operations

 6  Corporation.--

 7         (1)

 8         (c)  For the purposes of s. 199.183(1), the corporation

 9  shall be considered a political subdivision of the state and

10  shall be exempt from the corporate income tax. The corporation

11  is not subject to the procurement provisions of chapter 287

12  and policies and decisions of the corporation relating to

13  incurring debt, levying assessments, and the sale, issuance,

14  continuation, terms, and claims under corporation policies,

15  and all services relating thereto, are not subject to the

16  provisions of chapter 120.

17         Section 3.  Paragraph (a) of subsection (1) of section

18  72.011, Florida Statutes, is amended to read:

19         72.011  Jurisdiction of circuit courts in specific tax

20  matters; administrative hearings and appeals; time for

21  commencing action; parties; deposits.--

22         (1)(a)  A taxpayer may contest the legality of any

23  assessment or denial of refund of tax, fee, surcharge, permit,

24  interest, or penalty provided for under s. 125.0104, s.

25  125.0108, chapter 198, chapter 199, chapter 201, chapter 202,

26  chapter 203, chapter 206, chapter 207, chapter 210, chapter

27  211, chapter 212, chapter 213, chapter 220, chapter 221, s.

28  370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185,

29  s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562,

30  chapter 563, chapter 564, chapter 565, chapter 624, or s.

31  681.117 by filing an action in circuit court; or,

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 1  alternatively, the taxpayer may file a petition under the

 2  applicable provisions of chapter 120. However, once an action

 3  has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

 4  120.57, or s. 120.80(14)(b), no action relating to the same

 5  subject matter may be filed by the taxpayer in circuit court,

 6  and judicial review shall be exclusively limited to appellate

 7  review pursuant to s. 120.68; and once an action has been

 8  initiated in circuit court, no action may be brought under

 9  chapter 120.

10         Section 4.  Subsections (5) and (6) of section 192.091,

11  Florida Statutes, are amended to read:

12         192.091  Commissions of property appraisers and tax

13  collectors.--

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

15  shall not apply to commissions on intangible property taxes or

16  drainage district or drainage subdistrict taxes; and

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

18  appraiser or tax collector in the state is receiving

19  compensation for expenses in conducting his or her office or

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

21  than the general law fixing compensation of property

22  appraisers, the such property appraiser or tax collector may

23  file a declaration in writing with the board of county

24  commissioners of his or her county electing to be subject to

25  come under the provisions of this section, and thereupon the

26  such property appraiser or tax collector shall be paid

27  compensation in accordance with this section the provisions

28  hereof, and shall not be entitled to the benefit of the said

29  special or local act. If the such property appraiser or tax

30  collector does not so elect, he or she shall continue to be

31  

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 1  paid such compensation as is may now be provided by law for

 2  such a property appraiser or tax collector.

 3         Section 5.  Paragraph (b) of subsection (2) of section

 4  196.199, Florida Statutes, is amended to read:

 5         196.199  Government property exemption.--

 6         (2)  Property owned by the following governmental units

 7  but used by nongovernmental lessees shall only be exempt from

 8  taxation under the following conditions:

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

10  provided by this subsection does shall not apply to those

11  portions of a leasehold or other interest defined by s.

12  199.023(1)(d), Florida Statutes, 2005, subject to the

13  provisions of subsection (7). Such leasehold or other interest

14  shall be taxed only as intangible personal property pursuant

15  to chapter 199 if rental payments are due in consideration of

16  such leasehold or other interest.  If no rental payments are

17  due pursuant to the agreement creating such leasehold or other

18  interest, the leasehold or other interest shall be taxed as

19  real property.  Nothing in This paragraph does not shall be

20  deemed to exempt personal property, buildings, or other real

21  property improvements owned by the lessee from ad valorem

22  taxation.

23         Section 6.  Section 196.1993, Florida Statutes, is

24  amended to read:

25         196.1993  Certain agreements with local governments for

26  use of public 196.1993  Certain agreements with local

27  governments for use of public property; exemption.--Any

28  agreement entered into with a local governmental authority

29  prior to January 1, 1969, for use of public property, under

30  which it was understood and agreed in a written instrument or

31  by special act that no ad valorem real property taxes would be

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 1  paid by the licensee or lessee, shall be deemed a license or

 2  management agreement for the use or management of public

 3  property. Such interest shall be deemed not to convey an

 4  interest in the property and shall not be subject to ad

 5  valorem real property taxation.  Nothing in This section does

 6  not shall be deemed to exempt such a licensee from the ad

 7  valorem intangible tax and the ad valorem personal property

 8  tax.

 9         Section 7.  Paragraph (b) of subsection (3) of section

10  199.1055, Florida Statutes, is amended to read:

11         199.1055  Contaminated site rehabilitation tax

12  credit.--

13         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

14  FORFEITURE.--

15         (b)  In addition to its existing audit and

16  investigation authority relating to chapter chapters 199 and

17  220, the Department of Revenue may perform any additional

18  financial and technical audits and investigations, including

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

20  applicant, which are necessary to verify the site

21  rehabilitation costs included in a tax credit return and to

22  ensure compliance with this section. The Department of

23  Environmental Protection shall provide technical assistance,

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

25  audits performed under this section.

26         Section 8.  Subsection (19) of section 212.02, Florida

27  Statutes, is amended to read:

28         212.02  Definitions.--The following terms and phrases

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

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

31  different meaning:

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

 2  personal property that which may be seen, weighed, measured,

 3  or touched or is in any manner perceptible to the senses,

 4  including electric power or energy, boats, motor vehicles and

 5  mobile homes as defined in s. 320.01(1) and (2), aircraft as

 6  defined in s. 330.27, and all other types of vehicles.  The

 7  term "tangible personal property" does not include stocks,

 8  bonds, notes, insurance, or other obligations or securities;

 9  intangible property as defined in s. 717.101(14) intangibles

10  as defined by the intangible tax law of the state; or

11  pari-mutuel tickets sold or issued under the racing laws of

12  the state.

13         Section 9.  Subsections (3), (6), and (11) of section

14  213.015, Florida Statutes, are amended to read:

15         213.015  Taxpayer rights.--There is created a Florida

16  Taxpayer's Bill of Rights to guarantee that the rights,

17  privacy, and property of Florida taxpayers are adequately

18  safeguarded and protected during tax assessment, collection,

19  and enforcement processes administered under the revenue laws

20  of this state.  The Taxpayer's Bill of Rights compiles, in one

21  document, brief but comprehensive statements which explain, in

22  simple, nontechnical terms, the rights and obligations of the

23  Department of Revenue and taxpayers. Section 192.0105 provides

24  additional rights afforded to payors of property taxes and

25  assessments. The rights afforded taxpayers to ensure that

26  their privacy and property are safeguarded and protected

27  during tax assessment and collection are available only

28  insofar as they are implemented in other parts of the Florida

29  Statutes or rules of the Department of Revenue. The rights so

30  guaranteed Florida taxpayers in the Florida Statutes and the

31  departmental rules are:

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 1         (3)  The right to be represented or advised by counsel

 2  or other qualified representatives at any time in

 3  administrative interactions with the department, the right to

 4  procedural safeguards with respect to recording of interviews

 5  during tax determination or collection processes conducted by

 6  the department, the right to be treated in a professional

 7  manner by department personnel, and the right to have audits,

 8  inspections of records, and interviews conducted at a

 9  reasonable time and place except in criminal and internal

10  investigations (see ss. 198.06, 199.218, 201.11(1), 203.02,

11  206.14, 211.125(3), 211.33(3), 212.0305(3), 212.12(5)(a),

12  (6)(a), and (13), 212.13(5), 213.05, 213.21(1)(a) and (c), and

13  213.34).

14         (6)  The right to be informed of impending collection

15  actions which require sale or seizure of property or freezing

16  of assets, except jeopardy assessments, and the right to at

17  least 30 days' notice in which to pay the liability or seek

18  further review (see ss. 198.20, 199.262, 201.16, 206.075,

19  206.24, 211.125(5), 212.03(5), 212.0305(3)(j), 212.04(7),

20  212.14(1), 213.73(3), 213.731, and 220.739).

21         (11)  The right to procedures for requesting

22  cancellation, release, or modification of liens filed by the

23  department and for requesting that any lien which is filed in

24  error be so noted on the lien cancellation filed by the

25  department, in public notice, and in notice to any credit

26  agency at the taxpayer's request (see ss. 198.22, 199.262,

27  212.15(4), 213.733, and 220.819).

28         Section 10.  Section 213.05, Florida Statutes, is

29  amended to read:

30         213.05  Department of Revenue; control and

31  administration of revenue laws.--The Department of Revenue

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 1  shall have only those responsibilities for ad valorem taxation

 2  specified to the department in chapter 192, taxation, general

 3  provisions; chapter 193, assessments; chapter 194,

 4  administrative and judicial review of property taxes; chapter

 5  195, property assessment administration and finance; chapter

 6  196, exemption; chapter 197, tax collections, sales, and

 7  liens; chapter 199, intangible personal property taxes; and

 8  chapter 200, determination of millage. The Department of

 9  Revenue shall have the responsibility of regulating,

10  controlling, and administering all revenue laws and performing

11  all duties as provided in s. 125.0104, the Local Option

12  Tourist Development Act; s. 125.0108, tourist impact tax;

13  chapter 198, estate taxes; chapter 201, excise tax on

14  documents; chapter 202, communications services tax; chapter

15  203, gross receipts taxes; chapter 206, motor and other fuel

16  taxes; chapter 211, tax on production of oil and gas and

17  severance of solid minerals; chapter 212, tax on sales, use,

18  and other transactions; chapter 220, income tax code; chapter

19  221, emergency excise tax; ss. 336.021 and 336.025, taxes on

20  motor fuel and special fuel; s. 370.07(3), Apalachicola Bay

21  oyster surcharge; s. 376.11, pollutant spill prevention and

22  control; s. 403.718, waste tire fees; s. 403.7185, lead-acid

23  battery fees; s. 538.09, registration of secondhand dealers;

24  s. 538.25, registration of secondary metals recyclers; s.

25  624.4621, group self-insurer's fund premium tax; s. 624.5091,

26  retaliatory tax; s. 624.475, commercial self-insurance fund

27  premium tax; ss. 624.509-624.511, insurance code:

28  administration and general provisions; s. 624.515, State Fire

29  Marshal regulatory assessment; s. 627.357, medical malpractice

30  self-insurance premium tax; s. 629.5011, reciprocal insurers

31  

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 1  premium tax; and s. 681.117, motor vehicle warranty

 2  enforcement.

 3         Section 11.  Subsections (1) and (4), paragraphs (k)

 4  and (p) of subsection (7), and paragraph (a) of subsection

 5  (14) of section 213.053, Florida Statutes, are amended to

 6  read:

 7         213.053  Confidentiality and information sharing.--

 8         (1)(a)  The provisions of This section applies apply to

 9  s. 125.0104, county government; s. 125.0108, tourist impact

10  tax; chapter 175, municipal firefighters' pension trust funds;

11  chapter 185, municipal police officers' retirement trust

12  funds; chapter 198, estate taxes; chapter 199, intangible

13  personal property taxes; chapter 201, excise tax on documents;

14  chapter 203, gross receipts taxes; chapter 211, tax on

15  severance and production of minerals; chapter 212, tax on

16  sales, use, and other transactions; chapter 220, income tax

17  code; chapter 221, emergency excise tax; s. 252.372, emergency

18  management, preparedness, and assistance surcharge; s.

19  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

20  pollutant spill prevention and control; s. 403.718, waste tire

21  fees; s. 403.7185, lead-acid battery fees; s. 538.09,

22  registration of secondhand dealers; s. 538.25, registration of

23  secondary metals recyclers; ss. 624.501 and 624.509-624.515,

24  insurance code; s. 681.117, motor vehicle warranty

25  enforcement; and s. 896.102, reports of financial transactions

26  in trade or business.

27         (b)  The provisions of This section also applies apply

28  to chapter 202, the Communications Services Tax Simplification

29  Law. This paragraph is subject to the Open Government Sunset

30  Review Act of 1995 in accordance with s. 119.15, and shall

31  

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 1  stand repealed on October 2, 2006, unless reviewed and saved

 2  from repeal through reenactment by the Legislature.

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

 4  prevent the department from publishing statistics so

 5  classified as to prevent the identification of particular

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

 7  department from disclosing to the Chief Financial Officer the

 8  names and addresses of those taxpayers who have claimed an

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

10  to s. 220.63(5).

11         (7)  Notwithstanding any other provision of this

12  section, the department may provide:

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

14  201, 212, 220, 221, and 624 to the Office of Tourism, Trade,

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

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

17  administration of the tax refund program for qualified defense

18  contractors authorized by s. 288.1045 and the tax refund

19  program for qualified target industry businesses authorized by

20  s. 288.106.

21         2.  Information relative to tax credits taken by a

22  business under s. 220.191 and exemptions or tax refunds

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

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

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

26  department, in the administration and evaluation of the

27  capital investment tax credit program authorized in s. 220.191

28  and the semiconductor, defense, and space tax exemption

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

30  

31  

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

 2  and 376.30781 to the Department of Environmental Protection in

 3  the conduct of its official business.

 4  

 5  Disclosure of information under this subsection shall be

 6  pursuant to a written agreement between the executive director

 7  and the agency.  Such agencies, governmental or

 8  nongovernmental, shall be bound by the same requirements of

 9  confidentiality as the Department of Revenue.  Breach of

10  confidentiality is a misdemeanor of the first degree,

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

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

13  section, the department shall, subject to the safeguards

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

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

16  federal employer identification number, and duration of tax

17  filings with this state of all corporate or partnership

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

19  the Division of Corporations and which have filed tax returns

20  pursuant to either chapter 199 or chapter 220.

21         Section 12.  Section 213.054, Florida Statutes, is

22  amended to read:

23         213.054  Persons claiming tax exemptions or deductions;

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

25  for monitoring the utilization of tax exemptions and tax

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

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

28  department shall report to the Chief Financial Officer the

29  names and addresses of all persons who have claimed an

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

31  to s. 220.63(5).

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 1         Section 13.  Subsection (2) of section 213.13, Florida

 2  Statutes, is amended to read:

 3         213.13  Electronic remittance and distribution of funds

 4  collected by clerks of the court.--

 5         (2)  The funds to be remitted electronically by the

 6  clerks include proceeds from the taxes imposed by chapter 199,

 7  chapter 201, and all other fees, fines, reimbursements, court

 8  costs, or other court-related funds that the clerks must remit

 9  to the state pursuant to law. At a minimum, these electronic

10  remittance procedures must include:

11         (a)  The prescribed reporting frequency and time period

12  for the clerks to remit such funds and the prescribed time

13  period in which the department must electronically deposit the

14  funds received to the appropriate state and local funds and

15  accounts;

16         (b)  The electronic format and type of debit remittance

17  system to be used by the clerks to remit the funds to the

18  department;

19         (c)  The means of communication used to transmit the

20  required information; and

21         (d)  The information that must be submitted with such

22  remittance.

23         Section 14.  Section 213.27, Florida Statutes, is

24  amended to read:

25         213.27  Contracts with debt collection agencies and

26  certain vendors.--

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

28  collecting any delinquent taxes due from a taxpayer, including

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

30  with any debt collection agency or attorney doing business

31  within or without this state for the collection of such

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 1  delinquent taxes, including penalties and interest thereon.

 2  The department may also share confidential information

 3  pursuant to the contract necessary for the collection of

 4  delinquent taxes and taxes for which a billing or notice has

 5  been generated. Contracts will be made pursuant to chapter

 6  287. The taxpayer must be notified by mail by the department,

 7  its employees, or its authorized representative at least 30

 8  days prior to commencing any litigation to recover any

 9  delinquent taxes. The taxpayer must be notified by mail by the

10  department at least 30 days prior to the initial assignment by

11  the department of the taxpayer's account for the collection of

12  any taxes by the debt collection agency.

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

14  individual or business for the purpose of identifying

15  intangible personal property tax liability. Contracts may

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

17  intangible personal property, the determination of value of

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

19  collection of taxes due, including applicable penalties and

20  interest thereon. The department may share confidential

21  information pursuant to the contract necessary for the

22  identification of taxable intangible personal property.

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

24  must be notified by mail by the department at least 30 days

25  prior to the department assigning identification of intangible

26  personal property to an individual or business.

27         (2)(3)  Any contract may provide, in the discretion of

28  the executive director of the Department of Revenue, the

29  manner in which the compensation for such services will be

30  paid.  Under standards established by the department, such

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

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

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

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

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

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

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

 7  shall be prescribed by the department.

 8         (4)(5)  The department shall require a bond from the

 9  debt collection agency in an amount or the individual or

10  business contracted with under subsection (2) not in excess of

11  $100,000 guaranteeing compliance with the terms of the

12  contract. However, a bond in the amount of $10,000 is required

13  from a debt collection agency if the agency does not actually

14  collect and remit delinquent funds to the department.

15         (5)(6)  The department may, for the purpose of

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

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

18  any auditing agency doing business within or without this

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

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

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

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

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

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

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

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

27  days before the department assigns the collection of such

28  taxes.

29         (6)(7)  Confidential information shared by the

30  department with debt collection or auditing agencies or

31  individuals or businesses with which the department has

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

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

 3  individuals or businesses with which the department has

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

 5  requirements of confidentiality as the Department of Revenue.

 6  Breach of confidentiality is a misdemeanor of the first

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

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

 9  enter into contracts with private vendors to develop and

10  implement systems to enhance tax collections where

11  compensation to the vendors is funded through increased tax

12  collections.  The amount of compensation paid to a vendor

13  shall be based on a percentage of increased tax collections

14  attributable to the system after all administrative and

15  judicial appeals are exhausted, and the total amount of

16  compensation paid to a vendor shall not exceed the maximum

17  amount stated in the contract.

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

19  a contract authorized by this subsection does not exercise any

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

21  agent of the department for the purposes of developing and

22  implementing a system to enhance tax collection.

23         (c)  Disclosure of information under this subsection

24  must shall be pursuant to a written agreement between the

25  executive director and the private vendors. The vendors shall

26  be bound by the same requirements of confidentiality as the

27  department.  Breach of confidentiality is a misdemeanor of the

28  first degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         Section 15.  Paragraph (d) of subsection (6) of section

31  215.555, Florida Statutes, is amended to read:

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 1         215.555  Florida Hurricane Catastrophe Fund.--

 2         (6)  REVENUE BONDS.--

 3         (d)  Florida Hurricane Catastrophe Fund Finance

 4  Corporation.--

 5         1.  In addition to the findings and declarations in

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

 7         a.  The public benefits corporation created under this

 8  paragraph will provide a mechanism necessary for the

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

10  will eliminate unnecessary costs in the bond issuance process,

11  thereby increasing the amounts available to pay reimbursement

12  for losses to property sustained as a result of hurricane

13  damage.

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

15  through the Florida Hurricane Catastrophe Fund to pay for the

16  costs of construction, reconstruction, repair, restoration,

17  and other costs associated with damage to properties of

18  policyholders of covered policies due to the occurrence of a

19  hurricane.

20         c.  The efficacy of the financing mechanism will be

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

22  the insulation of the assessments from possible bankruptcy

23  proceedings, and by covenants of the state with the

24  corporation's bondholders.

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

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

27  Florida Hurricane Catastrophe Fund Finance Corporation.

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

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

30  the Chief Financial Officer or a designee, the Attorney

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

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

 2  employee of the State Board of Administration responsible for

 3  operations of the Florida Hurricane Catastrophe Fund.

 4         c.  The corporation has all of the powers of

 5  corporations under chapter 607 and under chapter 617, subject

 6  only to the provisions of this subsection.

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

 8  other financial transactions as are necessary to provide

 9  sufficient funds to achieve the purposes of this section.

10         e.  The corporation may invest in any of the

11  investments authorized under s. 215.47.

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

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

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

15  the performance of their duties under this paragraph.

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

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

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

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

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

21  of the Second Judicial Circuit.

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

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

24  power of the board to direct the Office of Insurance

25  Regulation to levy the assessments and to collect the proceeds

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

27  as any such bonds remain outstanding unless adequate provision

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

29  documents authorizing the issuance of such bonds.

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

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

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

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

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

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

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

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

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

 8  corporation; the transactions and operations of the

 9  corporation and the income from such transactions and

10  operations; and all bonds issued under this paragraph and

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

12  and any political subdivision, including the intangibles tax

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

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

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

16  corporations other than the Florida Hurricane Catastrophe Fund

17  Finance Corporation.

18         b.  All bonds of the corporation shall be and

19  constitute legal investments without limitation for all public

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

21  banks, savings associations, savings and loan associations,

22  and investment companies; for all administrators, executors,

23  trustees, and other fiduciaries; for all insurance companies

24  and associations and other persons carrying on an insurance

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

26  hereafter be authorized to invest in bonds or other

27  obligations of the state and shall be and constitute eligible

28  securities to be deposited as collateral for the security of

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

30  sub-subparagraph shall be considered as additional and

31  

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 1  supplemental authority and shall not be limited without

 2  specific reference to this sub-subparagraph.

 3         6.  The corporation and its corporate existence shall

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

 5  take effect as long as the corporation has bonds outstanding

 6  unless adequate provision has been made for the payment of

 7  such bonds pursuant to the documents authorizing the issuance

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

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

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

11         Section 16.  Section 220.1845, Florida Statutes, is

12  amended to read:

13         220.1845  Contaminated site rehabilitation tax

14  credit.--

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

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

17  of voluntary cleanup activity that is integral to site

18  rehabilitation at the following sites is available against any

19  tax due for a taxable year under this chapter:

20         1.  A drycleaning-solvent-contaminated site eligible

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

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

23  cleanup is undertaken by the real property owner pursuant to

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

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

26  facility where the contamination exists; or

27         3.  A brownfield site in a designated brownfield area

28  under s. 376.80.

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

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

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

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 1  site voluntarily rehabilitated. Multiple tax credit applicants

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

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

 4  conditions and limitations as provided in this section, a

 5  municipality, county, or other tax credit applicant which

 6  voluntarily rehabilitates a site may receive not more than

 7  $250,000 per year in tax credits which it can subsequently

 8  transfer subject to the provisions in paragraph (h).

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

10  fully used in any one year because of insufficient tax

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

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

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

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

15  which the corporation is eligible in that year under this

16  section after applying the other credits and unused carryovers

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

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

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

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

21  pursuant to paragraph (h), each transferee has 5 years after

22  the date of transfer to use its credit.

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

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

25  220.131(1) may be allowed the credit on a consolidated return

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

27  group.

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

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

30  tax year.

31  

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

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

 3  rehabilitation of a drycleaning-solvent-contaminated site is

 4  ineligible to receive credit under this section for costs

 5  incurred by the tax credit applicant in conjunction with the

 6  rehabilitation of that site during the same time period that

 7  state-administered site rehabilitation was underway.

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

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

10  annually.

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

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

13  transferred after a merger or acquisition to the surviving or

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

15  limitations.

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

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

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

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

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

21  in this section. Such transferred credits may not be

22  transferred again although they may succeed to a surviving or

23  acquiring entity subject to the same conditions and

24  limitations as described in this section.

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

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

27  the Department of Environmental Protection or an examination

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

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

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

31  of credit taken. Any subsequent deficiencies shall be assessed

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

 2  the case of multiple succeeding entities in the order of

 3  credit succession.

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

 5  rehabilitation at contaminated sites being voluntarily cleaned

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

 7  credit applicant may claim an additional 10 percent of the

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

 9  of cleanup as evidenced by the Department of Environmental

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

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

12  to obtain credit under this section must submit with its

13  return a tax credit certificate approving partial tax credits

14  issued by the Department of Environmental Protection under s.

15  376.30781.

16         (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT

17  FORFEITURE.--

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

19  prescribe any necessary forms required to claim a tax credit

20  under this section and to provide the administrative

21  guidelines and procedures required to administer this section.

22         (b)  In addition to its existing audit and

23  investigation authority relating to chapter 199 and this

24  chapter, the Department of Revenue may perform any additional

25  financial and technical audits and investigations, including

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

27  applicant, which are necessary to verify the site

28  rehabilitation costs included in a tax credit return and to

29  ensure compliance with this section. The Department of

30  Environmental Protection shall provide technical assistance,

31  

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

 2  audits performed pursuant to this section.

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

 4  and received tax credits if the Department of Revenue

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

 6  received from the Department of Environmental Protection, that

 7  a taxpayer received tax credits pursuant to this section to

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

 9  taxpayer shall be prohibited from claiming any future tax

10  credits under this section or s. 199.1055.

11         1.  The taxpayer is responsible for returning forfeited

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

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

14         2.  The taxpayer shall file with the Department of

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

16  Department of Revenue prescribes by rule and shall pay any

17  required tax within 60 days after the taxpayer receives

18  notification from the Department of Environmental Protection

19  pursuant to s. 376.30781 that previously approved tax credits

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

21  days after a final order is issued following proceedings

22  involving a contested revocation or modification order.

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

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

25  date the taxpayer receives notification from the Department of

26  Environmental Protection pursuant to s. 376.30781 that

27  previously approved tax credits have been revoked or modified.

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

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

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

31  proposed assessment set forth in such notice of deficiency

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 1  shall be limited to the amount of any deficiency resulting

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

 3  tax for the taxable year.

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

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

 6  in violation of this section and is subject to applicable

 7  penalty and interest.

 8         Section 17.  Paragraph (b) of subsection (2) of section

 9  288.039, Florida Statutes, is amended to read:

10         288.039  Employing and Training our Youths (ENTRY).--

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

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

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

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

15  by that business:

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

17  chapter 212.

18         2.  Corporate income taxes under chapter 220.

19         3.  Intangible personal property taxes under chapter

20  199.

21         3.4.  Emergency excise taxes under chapter 221.

22         4.5.  Excise taxes on documents under chapter 201.

23         5.6.  Ad valorem taxes paid, as defined in s.

24  220.03(1).

25         6.7.  Insurance premium taxes under s. 624.509.

26         7.8.  Occupational license fees under chapter 205.

27  

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

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

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

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

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 1  taxes or fees are subsequently adjusted by the application of

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

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

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

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

 6  tender payment to the office within 20 days after receiving

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

 8  in this section.

 9         Section 18.  Paragraph (f) of subsection (2) of section

10  288.1045, Florida Statutes, is amended to read:

11         288.1045  Qualified defense contractor tax refund

12  program.--

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

14         (f)  After entering into a tax refund agreement

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

16  refunds from the Economic Development Trust Fund for the

17  following taxes due and paid by the qualified applicant

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

19  after entering into the agreement:

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

21  pursuant to chapter 212.

22         2.  Corporate income taxes paid pursuant to chapter

23  220.

24         3.  Intangible personal property taxes paid pursuant to

25  chapter 199.

26         3.4.  Emergency excise taxes paid pursuant to chapter

27  221.

28         4.5.  Excise taxes paid on documents pursuant to

29  chapter 201.

30         5.6.  Ad valorem taxes paid, as defined in s.

31  220.03(1)(a) on June 1, 1996.

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 1         6.7.  State communications services taxes administered

 2  under chapter 202. This provision does not apply to the gross

 3  receipts tax imposed under chapter 203 and administered under

 4  chapter 202 or the local communications services tax

 5  authorized under s. 202.19.

 6  

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

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

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

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

11  are subsequently adjusted by the application of any credit,

12  refund, or exemption granted to the qualified applicant other

13  than that provided in this section, the qualified applicant

14  shall reimburse the Economic Development Trust Fund for the

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

16  applicant must notify and tender payment to the office within

17  20 days after receiving a credit, refund, or exemption, other

18  than that provided in this section. The addition of

19  communications services taxes administered under chapter 202

20  is remedial in nature and retroactive to October 1, 2001. The

21  office may make supplemental tax refund payments to allow for

22  tax refunds for communications services taxes paid by an

23  eligible qualified defense contractor after October 1, 2001.

24         Section 19.  Paragraph (c) of subsection (2) of section

25  288.106, Florida Statutes, is amended to read:

26         288.106  Tax refund program for qualified target

27  industry businesses.--

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

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

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

31  

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 1         1.  Receive refunds from the account for the following

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

 3  taxable year of the business which begins after entering into

 4  the agreement:

 5         a.  Corporate income taxes under chapter 220.

 6         b.  Insurance premium tax under s. 624.509.

 7         2.  Receive refunds from the account for the following

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

 9  agreement:

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

11  chapter 212.

12         b.  Intangible personal property taxes under chapter

13  199.

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

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

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

17  220.03(1).

18         e.f.  State communications services taxes administered

19  under chapter 202. This provision does not apply to the gross

20  receipts tax imposed under chapter 203 and administered under

21  chapter 202 or the local communications services tax

22  authorized under s. 202.19.

23  

24  The addition of state communications services taxes

25  administered under chapter 202 is remedial in nature and

26  retroactive to October 1, 2001. The office may make

27  supplemental tax refund payments to allow for tax refunds for

28  communications services taxes paid by an eligible qualified

29  target industry business after October 1, 2001.

30         Section 20.  Paragraph (g) of subsection (1) of section

31  288.1067, Florida Statutes, is amended to read:

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 1         288.1067  Confidentiality of records.--

 2         (1)  The following information held by the Office of

 3  Tourism, Trade, and Economic Development, Enterprise Florida,

 4  Inc., or county or municipal governmental entities, and their

 5  employees or agents, pursuant to the incentive programs for

 6  qualified businesses as provided in s. 220.191, s. 288.1045,

 7  s. 288.106, s. 288.108, or s. 288.1088 is confidential and

 8  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

 9  I of the State Constitution, for a period not to exceed the

10  duration of the relevant tax refund, tax credit, or incentive

11  agreement:

12         (g)  The amount of:

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

14  pursuant to chapter 212;

15         2.  Corporate income taxes paid pursuant to chapter

16  220;

17         3.  Intangible personal property taxes paid pursuant to

18  chapter 199;

19         3.4.  Emergency excise taxes paid pursuant to chapter

20  221;

21         4.5.  Insurance premium taxes paid pursuant to chapter

22  624;

23         5.6.  Excise taxes paid on documents pursuant to

24  chapter 201; or

25         6.7.  Ad valorem taxes paid, as defined in s.

26  220.03(1),

27  

28  which the qualified business reports on its application for

29  certification or reports during the term of the tax refund

30  agreement, and for which the qualified business claims a tax

31  refund under s. 288.1045 or s. 288.106, and any such

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 1  information held as evidence of the achievement or

 2  nonachievement of performance items contained in the tax

 3  refund agreement.

 4         Section 21.  Paragraph (a) of subsection (2) and

 5  subsections (3) and (12) of section 376.30781, Florida

 6  Statutes, are amended to read:

 7         376.30781  Partial tax credits for rehabilitation of

 8  drycleaning-solvent-contaminated sites and brownfield sites in

 9  designated brownfield areas; application process; rulemaking

10  authority; revocation authority.--

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

12  costs of voluntary cleanup activity that is integral to site

13  rehabilitation at the following sites is allowed pursuant to

14  s. ss. 199.1055 and 220.1845:

15         1.  A drycleaning-solvent-contaminated site eligible

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

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

18  cleanup is undertaken by the real property owner pursuant to

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

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

21  facility where the contamination exists; or

22         3.  A brownfield site in a designated brownfield area

23  under s. 376.80.

24         (3)  The Department of Environmental Protection shall

25  be responsible for allocating the tax credits provided for in

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

27  million in tax credits annually.

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

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

30  a drycleaning-solvent-contaminated site is ineligible to

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

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 1  costs incurred by the tax credit applicant in conjunction with

 2  the rehabilitation of that site during the same time period

 3  that state-administered site rehabilitation was underway.

 4         Section 22.  Subsection (13) of section 493.6102,

 5  Florida Statutes, is amended to read:

 6         493.6102  Inapplicability of this chapter.--This

 7  chapter shall not apply to:

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

 9  a church or ecclesiastical or denominational organization

10  having an established physical place of worship in this state

11  at which nonprofit religious services and activities are

12  regularly conducted or by a church cemetery religious

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

14  on the institution property of the organization or cemetery,

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

16  duties.

17         Section 23.  Paragraph (a) of subsection (3) of section

18  516.031, Florida Statutes, is amended to read:

19         516.031  Finance charge; maximum rates.--

20         (3)  OTHER CHARGES.--

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

22  insurance charges herein provided for, no further or other

23  charges or amount whatsoever for any examination, service,

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

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

26  to the grant of a loan, except:

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

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

29  person applying for the loan;

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

31  each line-of-credit account;

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

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

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

 4  third party and supported by an actual expenditure;

 5         4.  Intangible personal property tax on the loan note

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

 7         4.5.  The documentary excise tax and lawful fees, if

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

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

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

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

12         5.6.  The premium payable for any insurance in lieu of

13  perfecting any security interest otherwise required by the

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

15  exceed the fees which would otherwise be payable, which

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

17  thereafter;

18         6.7.  Actual and reasonable attorney's fees and court

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

20         7.8.  Actual and commercially reasonable expenses of

21  repossession, storing, repairing and placing in condition for

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

23         8.9.  A delinquency charge not to exceed $10 for each

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

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

26  before imposing the charge.

27  

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

29  total of all charges authorized and permitted by this chapter

30  constitute a violation of chapter 687 governing interest and

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

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

 2  borrower with the amount of the overcharge immediately but

 3  within 20 days from the discovery of such error.

 4         Section 24.  Paragraph (m) of subsection (5) of section

 5  627.311, Florida Statutes, is amended to read:

 6         627.311  Joint underwriters and joint reinsurers;

 7  public records and public meetings exemptions.--

 8         (5)

 9         (m)  Each joint underwriting plan or association

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

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

12  the joint underwriting plan is a political subdivision of the

13  state and is exempt from the corporate income tax.

14         Section 25.  Paragraph (j) of subsection (6) of section

15  627.351, Florida Statutes, is amended to read:

16         627.351  Insurance risk apportionment plans.--

17         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

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

19  is shall be considered a political subdivision of the state

20  and shall be exempt from the corporate income tax. The

21  premiums, assessments, investment income, and other revenue of

22  the corporation are funds received for providing property

23  insurance coverage as required by this subsection, paying

24  claims for Florida citizens insured by the corporation,

25  securing and repaying debt obligations issued by the

26  corporation, and conducting all other activities of the

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

28  licenses, or charges for services imposed by the Legislature

29  on individuals, businesses, or agencies outside state

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

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

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

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

 3  policies and decisions of the corporation relating to

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

 5  continuation, terms and claims under corporation policies, and

 6  all services relating thereto, are not subject to the

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

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

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

10  of the Florida Insurance Guaranty Association. However, the

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

12  authorized insurer, assessments pledged by the Florida

13  Insurance Guaranty Association to secure bonds issued or other

14  indebtedness incurred to pay covered claims arising from

15  insurer insolvencies caused by, or proximately related to,

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

17  tax exemptions provided in this paragraph will augment the

18  financial resources of the corporation to better enable the

19  corporation to fulfill its public purposes. Any bonds issued

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

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

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

23  political subdivision or local unit or other instrumentality

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

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

26  obligations owned by corporations other than the corporation.

27         Section 26.  Paragraph (b) of subsection (4) of section

28  650.05, Florida Statutes, is amended to read:

29         650.05  Plans for coverage of employees of political

30  subdivisions.--

31         (4)

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

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

 3  minimum foundation program grants to public school districts

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

 5  cigarette, racing, and insurance premium taxes distributed to

 6  political subdivisions; and amounts specifically appropriated

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

 8  mosquito control programs.

 9         Section 27.  Subsection (1) of section 655.071, Florida

10  Statutes, is amended to read:

11         655.071  International banking facilities; definitions;

12  notice before establishment.--

13         (1)  As used in this section, the term:

14         (a)  "Banking organization" means:

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

16  this state;

17         2.  A national bank organized and existing pursuant to

18  the National Bank Act, 12 U.S.C. ss. 21 et seq., and

19  maintaining its principal office in this state;

20         3.  An Edge Act corporation organized pursuant to s.

21  25(a) of the Federal Reserve Act, 12 U.S.C. ss. 611 et seq.,

22  and maintaining an office in this state;

23         4.  An international bank agency licensed pursuant to

24  the laws of this state;

25         5.  A federal agency licensed pursuant to ss. 4 and 5

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

27  in this state;

28         6.  A savings association organized and existing under

29  the laws of this state;

30         7.  A federal association organized and existing

31  pursuant to the Home Owners' Loan Act of 1933, 12 U.S.C. ss.

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 1  1461 et seq., and maintaining its principal office in this

 2  state; or

 3         8.  A Florida export finance corporation organized and

 4  existing pursuant to part V of chapter 288.

 5         (b)  "International banking facility" means a set of

 6  asset and liability accounts segregated on the books and

 7  records of a banking organization, which as that term is

 8  defined in s. 199.023, that includes only international

 9  banking facility deposits, borrowings, and extensions of

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

11  pursuant to subsection (2).

12         Section 28.  Subsection (5) of section 733.702, Florida

13  Statutes, is amended to read:

14         733.702  Limitations on presentation of claims.--

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

16  the estate of a decedent for taxes due under chapter 199,

17  Florida Statutes, 2005, after the expiration of the time for

18  filing claims provided in subsection (1), if the department

19  files its claim within 30 days after the service of the

20  inventory.  Upon filing of the estate tax return with the

21  department as provided in s. 198.13, or to the extent the

22  inventory or estate tax return is amended or supplemented, the

23  department has the right to file a claim or to amend its

24  previously filed claim within 30 days after service of the

25  estate tax return, or an amended or supplemented inventory or

26  filing of an amended or supplemental estate tax return, as to

27  the additional information disclosed.

28         Section 29.  Paragraph (a) of subsection (1) of section

29  766.105, Florida Statutes, is amended to read:

30         766.105  Florida Patient's Compensation Fund.--

31  

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

 2  the interpretation and enforcement of this section:

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

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

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

 6  the fund shall be considered a political subdivision of this

 7  state.

 8         Section 30.  Subsection (5) of s. 192.032, subsection

 9  (3) of s. 192.042, subsection (4) of s. 193.114, and

10  subsection (6) of s. 341.840, Florida Statutes, are repealed.

11         Section 31.  Paragraph (a) of subsection (4) of section

12  192.0105, Florida Statutes, is amended to read:

13         192.0105  Taxpayer rights.--There is created a Florida

14  Taxpayer's Bill of Rights for property taxes and assessments

15  to guarantee that the rights, privacy, and property of the

16  taxpayers of this state are adequately safeguarded and

17  protected during tax levy, assessment, collection, and

18  enforcement processes administered under the revenue laws of

19  this state. The Taxpayer's Bill of Rights compiles, in one

20  document, brief but comprehensive statements that summarize

21  the rights and obligations of the property appraisers, tax

22  collectors, clerks of the court, local governing boards, the

23  Department of Revenue, and taxpayers. Additional rights

24  afforded to payors of taxes and assessments imposed under the

25  revenue laws of this state are provided in s. 213.015. The

26  rights afforded taxpayers to assure that their privacy and

27  property are safeguarded and protected during tax levy,

28  assessment, and collection are available only insofar as they

29  are implemented in other parts of the Florida Statutes or

30  rules of the Department of Revenue. The rights so guaranteed

31  

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 1  to state taxpayers in the Florida Statutes and the

 2  departmental rules include:

 3         (4)  THE RIGHT TO CONFIDENTIALITY.--

 4         (a)  The right to have information kept confidential,

 5  including federal tax information, ad valorem tax returns,

 6  social security numbers, all financial records produced by the

 7  taxpayer, Form DR-219 returns for documentary stamp tax

 8  information, and sworn statements of gross income, copies of

 9  federal income tax returns for the prior year, wage and

10  earnings statements (W-2 forms), and other documents (see ss.

11  192.105, 193.074, 193.114(5) 193.114(6), 195.027(3) and (6),

12  and 196.101(4)(c)).

13         Section 32.  This act shall take effect January 1,

14  2007.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Repeals the tax on intangible personal property effective
      January 1, 2007.
19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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