HB 209

1
A bill to be entitled
2An act relating to the annual intangible personal property
3tax; repealing ss. 199.012, 199.023, 199.032, 199.033,
4199.042, 199.052, 199.057, 199.062, 199.103, 199.1055,
5199.106, 199.175, and 199.185, F.S., relating to the
6annual intangible personal property tax; amending s.
7199.303, F.S.; providing additional legislative intent
8relating to the annual intangible personal property tax;
9amending ss. 28.35, 192.0105, 192.032, 192.042, 192.091,
10193.114, 196.015, 196.199, 199.133, 199.183, 199.218,
11199.232, 199.282, 199.292, 212.02, 213.053, 213.054,
12213.27, 220.1845, 376.30781, 493.6102, 650.05, 655.071,
13and 733.702, F.S., to conform provisions to the repeal of
14the annual intangible personal property tax; providing for
15application of certain collection, administration, and
16enforcement provisions to taxation of certain leaseholds;
17authorizing the Department of Revenue to adopt emergency
18implementing rules for a certain time; providing effective
19dates.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Sections 199.012, 199.023, 199.032, 199.033,
24199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106,
25199.175, and 199.185, Florida Statutes, are repealed.
26     Section 2.  Paragraph (c) of subsection (1) of section
2728.35, Florida Statutes, is amended to read:
28     28.35  Florida Clerks of Court Operations Corporation.--
29     (1)
30     (c)  For the purposes of s. 199.183(1), The corporation
31shall be considered a political subdivision of the state and
32shall be exempt from the corporate income tax. The corporation
33is not subject to the procurement provisions of chapter 287 and
34policies and decisions of the corporation relating to incurring
35debt, levying assessments, and the sale, issuance, continuation,
36terms, and claims under corporation policies, and all services
37relating thereto, are not subject to the provisions of chapter
38120.
39     Section 3.  Paragraph (a) of subsection (4) of section
40192.0105, Florida Statutes, is amended to read:
41     192.0105  Taxpayer rights.--There is created a Florida
42Taxpayer's Bill of Rights for property taxes and assessments to
43guarantee that the rights, privacy, and property of the
44taxpayers of this state are adequately safeguarded and protected
45during tax levy, assessment, collection, and enforcement
46processes administered under the revenue laws of this state. The
47Taxpayer's Bill of Rights compiles, in one document, brief but
48comprehensive statements that summarize the rights and
49obligations of the property appraisers, tax collectors, clerks
50of the court, local governing boards, the Department of Revenue,
51and taxpayers. Additional rights afforded to payors of taxes and
52assessments imposed under the revenue laws of this state are
53provided in s. 213.015. The rights afforded taxpayers to assure
54that their privacy and property are safeguarded and protected
55during tax levy, assessment, and collection are available only
56insofar as they are implemented in other parts of the Florida
57Statutes or rules of the Department of Revenue. The rights so
58guaranteed to state taxpayers in the Florida Statutes and the
59departmental rules include:
60     (4)  THE RIGHT TO CONFIDENTIALITY.--
61     (a)  The right to have information kept confidential,
62including federal tax information, ad valorem tax returns,
63social security numbers, all financial records produced by the
64taxpayer, Form DR-219 returns for documentary stamp tax
65information, and sworn statements of gross income, copies of
66federal income tax returns for the prior year, wage and earnings
67statements (W-2 forms), and other documents (see ss. 192.105,
68193.074, 193.114(5)(6), 195.027(3) and (6), and 196.101(4)(c)).
69     Section 4.  Subsections (5), (6), and (7) of section
70192.032, Florida Statutes, are amended to read:
71     192.032  Situs of property for assessment purposes.--All
72property shall be assessed according to its situs as follows:
73     (5)  Intangible personal property, according to the rules
74laid down in chapter 199.
75     (5)(6)(a)  Notwithstanding the provisions of subsection
76(2), personal property used as a marine cargo container in the
77conduct of foreign or interstate commerce shall not be deemed to
78have acquired a taxable situs within a county when the property
79is temporarily halted or stored within the state for a period
80not exceeding 180 days.
81     (b)  "Marine cargo container" means a nondisposable
82receptacle which is of a permanent character, strong enough to
83be suitable for repeated use; which is specifically designed to
84facilitate the carriage of goods by one or more modes of
85transport, one of which shall be by ocean vessel, without
86intermediate reloading; and which is fitted with devices
87permitting its ready handling, particularly in the transfer from
88one transport mode to another. The term "marine cargo container"
89includes a container when carried on a chassis but does not
90include a vehicle or packaging.
91     (6)(7)  Notwithstanding any other provision of this
92section, tangible personal property used in traveling shows such
93as carnivals, ice shows, or circuses shall be deemed to be
94physically present or habitually located or typically present
95only to the extent the value of such property is multiplied by a
96fraction, the numerator of which is the number of days such
97property is present in Florida during the taxable year and the
98denominator of which is the number of days in the taxable year.
99However, railroad property of such traveling shows shall be
100taxable under s. 193.085(4)(b) and not under this section.
101     Section 5.  Subsection (3) of section 192.042, Florida
102Statutes, is amended to read:
103     192.042  Date of assessment.--All property shall be
104assessed according to its just value as follows:
105     (3)  Intangible personal property, according to the rules
106laid down in chapter 199.
107     Section 6.  Subsections (5) and (6) of section 192.091,
108Florida Statutes, are amended to read:
109     192.091  Commissions of property appraisers and tax
110collectors.--
111     (5)  Provided, that The provisions of this section shall
112not apply to commissions on intangible property taxes or
113drainage district or drainage subdistrict taxes.; and
114     (6)  If Provided, further, that where any property
115appraiser or tax collector in the state is receiving
116compensation for expenses in conducting his or her office or by
117way of salary pursuant to any act of the Legislature other than
118the general law fixing compensation of property appraisers, such
119property appraiser or tax collector may file a declaration in
120writing with the board of county commissioners of his or her
121county electing to come under the provisions of this section,
122and thereupon such property appraiser or tax collector shall be
123paid compensation in accordance with the provisions hereof, and
124shall not be entitled to the benefit of the said special or
125local act. If such property appraiser or tax collector does not
126so elect, he or she shall continue to be paid such compensation
127as may now be provided by law for such property appraiser or tax
128collector.
129     Section 7.  Subsections (4), (5), and (6) of section
130193.114, Florida Statutes, are amended to read:
131     193.114  Preparation of assessment rolls.--
132     (4)  The department shall promulgate regulations and forms
133for the preparation of the intangible personal property roll to
134comply with chapter 199.
135     (4)(5)  For every change made to the assessed or taxable
136value of a parcel on an assessment roll subsequent to the
137mailing of the notice provided for in s. 200.069, the property
138appraiser shall document the reason for such change in the
139public records of the office of the property appraiser in a
140manner acceptable to the executive director or the executive
141director's designee. For every change that decreases the
142assessed or taxable value of a parcel on an assessment roll
143between the time of complete submission of the tax roll pursuant
144to s. 193.1142(3) and mailing of the notice provided for in s.
145200.069, the property appraiser shall document the reason for
146such change in the public records of the office of the property
147appraiser in a manner acceptable to the executive director or
148the executive director's designee. Changes made by the value
149adjustment board are not subject to the requirements of this
150subsection.
151     (5)(6)  For proprietary purposes, including the furnishing
152or sale of copies of the tax roll under s. 119.07(1), the
153property appraiser is the custodian of the tax roll and the
154copies of it which are maintained by any state agency. The
155department or any state or local agency may use copies of the
156tax roll received by it for official purposes and shall permit
157inspection and examination thereof under s. 119.07(1), but is
158not required to furnish copies of the records. A social security
159number submitted under s. 196.011(1) is confidential and exempt
160from s. 24(a), Art. I of the State Constitution and the
161provisions of s. 119.07(1). A copy of documents containing the
162numbers furnished or sold by the property appraiser, except a
163copy furnished to the department, or a copy of documents
164containing social security numbers provided by the department or
165any state or local agency for inspection or examination by the
166public, must exclude those social security numbers.
167     Section 8.  Subsection (9) of section 196.015, Florida
168Statutes, is amended to read:
169     196.015  Permanent residency; factual determination by
170property appraiser.--Intention to establish a permanent
171residence in this state is a factual determination to be made,
172in the first instance, by the property appraiser. Although any
173one factor is not conclusive of the establishment or
174nonestablishment of permanent residence, the following are
175relevant factors that may be considered by the property
176appraiser in making his or her determination as to the intent of
177a person claiming a homestead exemption to establish a permanent
178residence in this state:
179     (9)  The previous filing of Florida intangible tax returns
180by the applicant.
181     Section 9.  Paragraph (b) of subsection (2) of section
182196.199, Florida Statutes, is amended to read:
183     196.199  Government property exemption.--
184     (2)  Property owned by the following governmental units but
185used by nongovernmental lessees shall only be exempt from
186taxation under the following conditions:
187     (b)  Except as provided in paragraph (c), the exemption
188provided by this subsection shall not apply to those portions of
189a leasehold or other interest defined by s. 199.023(1)(d),
190Florida Statutes 2005, subject to the provisions of subsection
191(7). Such leasehold or other interest shall be taxed only as
192intangible personal property pursuant to chapter 199, Florida
193Statutes 2005, if rental payments are due in consideration of
194such leasehold or other interest. All applicable collection,
195administration, and enforcement provisions of chapter 199,
196Florida Statutes 2005, shall apply to taxation of such
197leaseholds. If no rental payments are due pursuant to the
198agreement creating such leasehold or other interest, the
199leasehold or other interest shall be taxed as real property.
200Nothing in this paragraph shall be deemed to exempt personal
201property, buildings, or other real property improvements owned
202by the lessee from ad valorem taxation.
203     Section 10.  Subsection (2) of section 199.133, Florida
204Statutes, is amended to read:
205     199.133  Levy of nonrecurring tax; relationship to annual
206tax.--
207     (2)  The nonrecurring tax shall apply to a note, bond, or
208other obligation for payment of money only to the extent it is
209secured by mortgage, deed of trust, or other lien upon real
210property situated in this state. Where a note, bond, or other
211obligation is secured by personal property or by real property
212situated outside this state, as well as by mortgage, deed of
213trust, or other lien upon real property situated in this state,
214then the nonrecurring tax shall apply to that portion of the
215note, bond, or other obligation which bears the same ratio to
216the entire principal balance of the note, bond, or other
217obligation as the value of the real property situated in this
218state bears to the value of all of the security; however, if the
219security is solely made up of personal property and real
220property situated in this state, the taxpayer may elect to
221apportion the taxes based upon the value of the collateral, if
222any, to which the taxpayer by law or contract must look first
223for collection. In no event shall the portion of the note, bond,
224or other obligation which is subject to the nonrecurring tax
225exceed in value the value of the real property situated in this
226state which is the security. The portion of a note, bond, or
227other obligation which is not subject to the nonrecurring tax
228shall be subject to the annual tax unless otherwise exempt.
229     Section 11.  Subsections (1), (3), and (4) of section
230199.183, Florida Statutes, are amended to read:
231     199.183  Taxpayers exempt from annual and nonrecurring
232taxes.--
233     (1)  Intangible personal property owned by this state or
234any of its political subdivisions or municipalities shall be
235exempt from taxation under this chapter. This exemption does not
236apply to:
237     (a)  Any leasehold or other interest that is described in
238s. 199.023(1)(d), Florida Statutes 2005; or.
239     (b)  Property related to the provision of two-way
240telecommunications services to the public for hire by the use of
241a telecommunications facility, as defined in s. 364.02(15), and
242for which a certificate is required under chapter 364, when the
243service is provided by any county, municipality, or other
244political subdivision of the state. Any immunity of any
245political subdivision of the state or other entity of local
246government from taxation of the property used to provide
247telecommunication services that is taxed as a result of this
248paragraph is hereby waived. However, intangible personal
249property related to the provision of telecommunications services
250provided by the operator of a public-use airport, as defined in
251s. 332.004, for the operator's provision of telecommunications
252services for the airport or its tenants, concessionaires, or
253licensees, and intangible personal property related to the
254provision of telecommunications services provided by a public
255hospital, are exempt from taxation under this chapter.
256     (3)  Every national bank having its principal place of
257business in another state, but operating a credit card credit
258application processing, customer service, or collection
259operation in this state, that is not considered a bank under the
260provisions of 12 U.S.C. s. 1841(c)(2)(F), is exempt from paying
261the tax imposed by this chapter on credit card receivables owed
262to the bank by credit card holders domiciled outside this state.
263     (4)  Intangible personal property that is owned, managed,
264or controlled by a trustee of a trust is exempt from annual tax
265under this chapter. This exemption does not exempt from annual
266tax a resident of this state who has a taxable beneficial
267interest, as defined in s. 199.023, in a trust.
268     Section 12.  Section 199.218, Florida Statutes, is amended
269to read:
270     199.218  Books and records.--
271     (1)  Each taxpayer shall retain all books and other records
272necessary to identify the taxpayer's intangible personal
273property and to determine any tax due under this chapter, as
274well as all books and other records otherwise required by rule
275of the department with respect to any such tax, until the
276department's power to make an assessment with respect to such
277tax has terminated under s. 95.091(3).
278     (2)  Each broker subject to the provisions of s. 199.062
279shall preserve all books and other records relating to the
280information reported under s. 199.062 or otherwise required by
281rule of the department for a period of 3 years from the due date
282of the report.
283     Section 13.  Paragraph (a) of subsection (1) and subsection
284(3) of section 199.232, Florida Statutes, are amended to read:
285     199.232  Powers of department.--
286     (1)(a)  The department may audit the books and records of
287any person to determine whether an annual tax or a nonrecurring
288tax has been properly paid.
289     (3)  With or without an audit, the department may assess
290any tax deficiency resulting from nonpayment or underpayment of
291the tax, as well as any applicable interest and penalties. The
292department shall assess on the basis of the best information
293available to it, including estimates based on the best
294information available to it if the taxpayer fails to permit
295inspection of the taxpayer's records, fails to file an annual
296return, files a grossly incorrect return, or files a false and
297fraudulent return.
298     Section 14.  Subsections (2), (3), (4), (6), and (8) of
299section 199.282, Florida Statutes, are amended, and subsections
300(5), (7), and (9) of that section are renumbered as subsections
301(4), (5), and (7), respectively, to read:
302     199.282  Penalties for violation of this chapter.--
303     (2)  If any annual or nonrecurring tax is not paid by the
304statutory due date, then despite any extension granted under s.
305199.232(6), interest shall run on the unpaid balance from such
306due date until paid at the rate of 12 percent per year.
307     (3)(a)  If any annual or nonrecurring tax is not paid by
308the due date, a delinquency penalty shall be charged. The
309delinquency penalty shall be 10 percent of the delinquent tax
310for each calendar month or portion thereof from the due date
311until paid, up to a limit of 50 percent of the total tax not
312timely paid.
313     (b)  If any annual tax return required by this chapter is
314not filed by the due date, a penalty of 10 percent of the tax
315due with the return shall be charged for each calendar month or
316portion thereof during which the return remains unfiled, up to a
317limit of 50 percent of the total tax due.
318
319For any penalty assessed under this subsection, the combined
320total for all penalties assessed under paragraphs (a) and (b)
321shall not exceed 10 percent per calendar month, up to a limit of
32250 percent of the total tax due.
323     (4)  If an annual tax return is filed and property is
324either omitted from it or undervalued, then a specific penalty
325shall be charged. The specific penalty shall be 10 percent of
326the tax attributable to each omitted item or to each
327undervaluation. No delinquency or late filing penalty shall be
328charged with respect to any undervaluation.
329     (6)  Late reporting penalties shall be imposed as follows:
330     (a)  A penalty of $100 upon any corporation that does not
331timely file a written notice required under s. 199.057(2)(c).
332     (b)  An initial penalty of $10 per customer position
333statement, plus an additional penalty of the greater of 1
334percent of the initial penalty or $50 for each month or portion
335of a month, from the date due until filing is made, upon any
336security dealer or investment adviser who does not timely file
337or fails to file the statements required by s. 199.062(1). The
338submission of a position statement that does not comply with the
339department's specifications and instructions or the submission
340of an inaccurate position statement is not a timely filing. The
341department shall notify any security dealer or investment
342adviser who fails to timely file the required statements. The
343minimum penalty imposed upon a security dealer or investment
344adviser under this paragraph is $100.
345     (6)(8)  Any person who fails or refuses to file an annual
346return, or who fails or refuses to make records available for
347inspection, when requested to do so by the department is guilty
348of a misdemeanor of the first degree, punishable as provided in
349s. 775.082 or s. 775.083.
350     Section 15.  Section 199.292, Florida Statutes, is amended
351to read:
352     199.292  Disposition of intangible personal property
353taxes.--All intangible personal property taxes collected
354pursuant to this chapter, except for revenues derived from the
355annual tax on a leasehold described in s. 199.023(1)(d), Florida
356Statutes 2005, shall be deposited into the General Revenue Fund.
357Revenues derived from the annual tax on a leasehold described in
358s. 199.023(1)(d), Florida Statutes 2005, shall be returned to
359the local school board for the county in which the property
360subject to the leasehold is situated.
361     Section 16.  Subsection (3) is added to section 199.303,
362Florida Statutes, to read:
363     199.303  Declaration of legislative intent.--
364     (3)  It is hereby declared to be the specific intent of the
365Legislature that all annual intangible personal property taxes
366imposed as provided by law for calendar years 2006 and prior
367shall remain in full force and effect during the period
368specified by s. 95.091 for the year in which the tax was due. It
369is further the intent of the Legislature that the department
370continue to assess and collect all taxes due to the state under
371such provisions for all periods available for assessment, as
372provided for the year in which tax was due by s. 95.091.
373     Section 17.  Subsection (19) of section 212.02, Florida
374Statutes, is amended to read:
375     212.02  Definitions.--The following terms and phrases when
376used in this chapter have the meanings ascribed to them in this
377section, except where the context clearly indicates a different
378meaning:
379     (19)  "Tangible personal property" means and includes
380personal property which may be seen, weighed, measured, or
381touched or is in any manner perceptible to the senses, including
382electric power or energy, boats, motor vehicles and mobile homes
383as defined in s. 320.01(1) and (2), aircraft as defined in s.
384330.27, and all other types of vehicles. The term "tangible
385personal property" does not include stocks, bonds, notes,
386insurance, or other obligations or securities; intangibles as
387defined by the intangible tax law of the state; or pari-mutuel
388tickets sold or issued under the racing laws of the state.
389     Section 18.  Paragraph (p) of subsection (7) and paragraph
390(a) of subsection (14) of section 213.053, Florida Statutes, are
391amended to read:
392     213.053  Confidentiality and information sharing.--
393     (7)  Notwithstanding any other provision of this section,
394the department may provide:
395     (p)  Information relative to ss. 199.1055, 220.1845, and
396376.30781 to the Department of Environmental Protection in the
397conduct of its official business.
398
399Disclosure of information under this subsection shall be
400pursuant to a written agreement between the executive director
401and the agency. Such agencies, governmental or nongovernmental,
402shall be bound by the same requirements of confidentiality as
403the Department of Revenue. Breach of confidentiality is a
404misdemeanor of the first degree, punishable as provided by s.
405775.082 or s. 775.083.
406     (14)(a)  Notwithstanding any other provision of this
407section, the department shall, subject to the safeguards
408specified in paragraph (c), disclose to the Division of
409Corporations of the Department of State the name, address,
410federal employer identification number, and duration of tax
411filings with this state of all corporate or partnership entities
412which are not on file or have a dissolved status with the
413Division of Corporations and which have filed tax returns
414pursuant to either chapter 199 or chapter 220.
415     Section 19.  Section 213.054, Florida Statutes, is amended
416to read:
417     213.054  Persons claiming tax exemptions or deductions;
418annual report.--The Department of Revenue shall be responsible
419for monitoring the utilization of tax exemptions and tax
420deductions authorized pursuant to chapter 81-179, Laws of
421Florida. On or before September 1 of each year, the department
422shall report to the Chief Financial Officer the names and
423addresses of all persons who have claimed an exemption pursuant
424to s. 199.185(1)(i) or a deduction pursuant to s. 220.63(5).
425     Section 20.  Section 213.27, Florida Statutes, is amended
426to read:
427     213.27  Contracts with debt collection agencies and certain
428vendors.--
429     (1)  The Department of Revenue may, for the purpose of
430collecting any delinquent taxes due from a taxpayer, including
431taxes for which a bill or notice has been generated, contract
432with any debt collection agency or attorney doing business
433within or without this state for the collection of such
434delinquent taxes, including penalties and interest thereon. The
435department may also share confidential information pursuant to
436the contract necessary for the collection of delinquent taxes
437and taxes for which a billing or notice has been generated.
438Contracts will be made pursuant to chapter 287. The taxpayer
439must be notified by mail by the department, its employees, or
440its authorized representative at least 30 days prior to
441commencing any litigation to recover any delinquent taxes. The
442taxpayer must be notified by mail by the department at least 30
443days prior to the initial assignment by the department of the
444taxpayer's account for the collection of any taxes by the debt
445collection agency.
446     (2)  The department may enter into contracts with any
447individual or business for the purpose of identifying intangible
448personal property tax liability. Contracts may provide for the
449identification of assets subject to the tax on intangible
450personal property, the determination of value of such property,
451the requirement for filing a tax return and the collection of
452taxes due, including applicable penalties and interest thereon.
453The department may share confidential information pursuant to
454the contract necessary for the identification of taxable
455intangible personal property. Contracts shall be made pursuant
456to chapter 287. The taxpayer must be notified by mail by the
457department at least 30 days prior to the department assigning
458identification of intangible personal property to an individual
459or business.
460     (2)(3)  Any contract may provide, in the discretion of the
461executive director of the Department of Revenue, the manner in
462which the compensation for such services will be paid. Under
463standards established by the department, such compensation shall
464be added to the amount of the tax and collected as a part
465thereof by the agency or deducted from the amount of tax,
466penalty, and interest actually collected.
467     (3)(4)  All funds collected under the terms of the
468contract, less the fees provided in the contract, shall be
469remitted to the department within 30 days from the date of
470collection from a taxpayer. Forms to be used for such purpose
471shall be prescribed by the department.
472     (4)(5)  The department shall require a bond from the debt
473collection agency or the individual or business contracted with
474under subsection (2) not in excess of $100,000 guaranteeing
475compliance with the terms of the contract. However, a bond of
476$10,000 is required from a debt collection agency if the agency
477does not actually collect and remit delinquent funds to the
478department.
479     (5)(6)  The department may, for the purpose of ascertaining
480the amount of or collecting any taxes due from a person doing
481mail order business in this state, contract with any auditing
482agency doing business within or without this state for the
483purpose of conducting an audit of such mail order business;
484however, such audit agency may not conduct an audit on behalf of
485the department of any person domiciled in this state, person
486registered for sales and use tax purposes in this state, or
487corporation filing a Florida corporate tax return, if any such
488person or corporation objects to such audit in writing to the
489department and the auditing agency. The department shall notify
490the taxpayer by mail at least 30 days before the department
491assigns the collection of such taxes.
492     (6)(7)  Confidential information shared by the department
493with debt collection or auditing agencies or individuals or
494businesses with which the department has contracted under
495subsection (2) is exempt from the provisions of s. 119.07(1),
496and debt collection or auditing agencies and individuals or
497businesses with which the department has contracted under
498subsection (2) shall be bound by the same requirements of
499confidentiality as the Department of Revenue. Breach of
500confidentiality is a misdemeanor of the first degree, punishable
501as provided by ss. 775.082 and 775.083.
502     (7)(8)(a)  The executive director of the department may
503enter into contracts with private vendors to develop and
504implement systems to enhance tax collections where compensation
505to the vendors is funded through increased tax collections. The
506amount of compensation paid to a vendor shall be based on a
507percentage of increased tax collections attributable to the
508system after all administrative and judicial appeals are
509exhausted, and the total amount of compensation paid to a vendor
510shall not exceed the maximum amount stated in the contract.
511     (b)  A person acting on behalf of the department under a
512contract authorized by this subsection does not exercise any of
513the powers of the department, except that the person is an agent
514of the department for the purposes of developing and
515implementing a system to enhance tax collection.
516     (c)  Disclosure of information under this subsection shall
517be pursuant to a written agreement between the executive
518director and the private vendors. The vendors shall be bound by
519the same requirements of confidentiality as the department.
520Breach of confidentiality is a misdemeanor of the first degree,
521punishable as provided in s. 775.082 or s. 775.083.
522     Section 21.  Subsection (1) and paragraphs (b) and (c) of
523subsection (3) of section 220.1845, Florida Statutes, are
524amended to read:
525     220.1845  Contaminated site rehabilitation tax credit.--
526     (1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
527     (a)  A credit in the amount of 35 percent of the costs of
528voluntary cleanup activity that is integral to site
529rehabilitation at the following sites is available against any
530tax due for a taxable year under this chapter:
531     1.  A drycleaning-solvent-contaminated site eligible for
532state-funded site rehabilitation under s. 376.3078(3);
533     2.  A drycleaning-solvent-contaminated site at which
534cleanup is undertaken by the real property owner pursuant to s.
535376.3078(11), if the real property owner is not also, and has
536never been, the owner or operator of the drycleaning facility
537where the contamination exists; or
538     3.  A brownfield site in a designated brownfield area under
539s. 376.80.
540     (b)  A tax credit applicant, or multiple tax credit
541applicants working jointly to clean up a single site, may not be
542granted more than $250,000 per year in tax credits for each site
543voluntarily rehabilitated. Multiple tax credit applicants shall
544be granted tax credits in the same proportion as their
545contribution to payment of cleanup costs. Subject to the same
546conditions and limitations as provided in this section, a
547municipality, county, or other tax credit applicant which
548voluntarily rehabilitates a site may receive not more than
549$250,000 per year in tax credits which it can subsequently
550transfer subject to the provisions in paragraph (g)(h).
551     (c)  If the credit granted under this section is not fully
552used in any one year because of insufficient tax liability on
553the part of the corporation, the unused amount may be carried
554forward for a period not to exceed 5 years. The carryover credit
555may be used in a subsequent year when the tax imposed by this
556chapter for that year exceeds the credit for which the
557corporation is eligible in that year under this section after
558applying the other credits and unused carryovers in the order
559provided by s. 220.02(8). Five years after the date a credit is
560granted under this section, such credit expires and may not be
561used. However, if during the 5-year period the credit is
562transferred, in whole or in part, pursuant to paragraph (g)(h),
563each transferee has 5 years after the date of transfer to use
564its credit.
565     (d)  A taxpayer that files a consolidated return in this
566state as a member of an affiliated group under s. 220.131(1) may
567be allowed the credit on a consolidated return basis up to the
568amount of tax imposed upon the consolidated group.
569     (e)  A taxpayer that receives credit under s. 199.1055 is
570ineligible to receive credit under this section in a given tax
571year.
572     (e)(f)  A tax credit applicant that receives state-funded
573site rehabilitation under s. 376.3078(3) for rehabilitation of a
574drycleaning-solvent-contaminated site is ineligible to receive
575credit under this section for costs incurred by the tax credit
576applicant in conjunction with the rehabilitation of that site
577during the same time period that state-administered site
578rehabilitation was underway.
579     (f)(g)  The total amount of the tax credits which may be
580granted under this section and s. 199.1055 is $2 million
581annually.
582     (g)(h)1.  Tax credits that may be available under this
583section to an entity eligible under s. 376.30781 may be
584transferred after a merger or acquisition to the surviving or
585acquiring entity and used in the same manner and with the same
586limitations.
587     2.  The entity or its surviving or acquiring entity as
588described in subparagraph 1., may transfer any unused credit in
589whole or in units of no less than 25 percent of the remaining
590credit. The entity acquiring such credit may use it in the same
591manner and with the same limitation as described in this
592section. Such transferred credits may not be transferred again
593although they may succeed to a surviving or acquiring entity
594subject to the same conditions and limitations as described in
595this section.
596     3.  In the event the credit provided for under this section
597is reduced either as a result of a determination by the
598Department of Environmental Protection or an examination or
599audit by the Department of Revenue, such tax deficiency shall be
600recovered from the first entity, or the surviving or acquiring
601entity, to have claimed such credit up to the amount of credit
602taken. Any subsequent deficiencies shall be assessed against any
603entity acquiring and claiming such credit, or in the case of
604multiple succeeding entities in the order of credit succession.
605     (h)(i)  In order to encourage completion of site
606rehabilitation at contaminated sites being voluntarily cleaned
607up and eligible for a tax credit under this section, the tax
608credit applicant may claim an additional 10 percent of the total
609cleanup costs, not to exceed $50,000, in the final year of
610cleanup as evidenced by the Department of Environmental
611Protection issuing a "No Further Action" order for that site.
612     (3)  ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT
613FORFEITURE.--
614     (b)  In addition to its existing audit and investigation
615authority relating to chapter 199 and this chapter, the
616Department of Revenue may perform any additional financial and
617technical audits and investigations, including examining the
618accounts, books, or records of the tax credit applicant, which
619are necessary to verify the site rehabilitation costs included
620in a tax credit return and to ensure compliance with this
621section. The Department of Environmental Protection shall
622provide technical assistance, when requested by the Department
623of Revenue, on any technical audits performed pursuant to this
624section.
625     (c)  It is grounds for forfeiture of previously claimed and
626received tax credits if the Department of Revenue determines, as
627a result of either an audit or information received from the
628Department of Environmental Protection, that a taxpayer received
629tax credits pursuant to this section to which the taxpayer was
630not entitled. In the case of fraud, the taxpayer shall be
631prohibited from claiming any future tax credits under this
632section or s. 199.1055.
633     1.  The taxpayer is responsible for returning forfeited tax
634credits to the Department of Revenue, and such funds shall be
635paid into the General Revenue Fund of the state.
636     2.  The taxpayer shall file with the Department of Revenue
637an amended tax return or such other report as the Department of
638Revenue prescribes by rule and shall pay any required tax within
63960 days after the taxpayer receives notification from the
640Department of Environmental Protection pursuant to s. 376.30781
641that previously approved tax credits have been revoked or
642modified, if uncontested, or within 60 days after a final order
643is issued following proceedings involving a contested revocation
644or modification order.
645     3.  A notice of deficiency may be issued by the Department
646of Revenue at any time within 5 years after the date the
647taxpayer receives notification from the Department of
648Environmental Protection pursuant to s. 376.30781 that
649previously approved tax credits have been revoked or modified.
650If a taxpayer fails to notify the Department of Revenue of any
651change in its tax credit claimed, a notice of deficiency may be
652issued at any time. In either case, the amount of any proposed
653assessment set forth in such notice of deficiency shall be
654limited to the amount of any deficiency resulting under this
655section from the recomputation of the taxpayer's tax for the
656taxable year.
657     4.  Any taxpayer that fails to report and timely pay any
658tax due as a result of the forfeiture of its tax credit is in
659violation of this section and is subject to applicable penalty
660and interest.
661     Section 22.  Paragraph (a) of subsection (2) and
662subsections (3), (8), and (12) of section 376.30781, Florida
663Statutes, are amended to read:
664     376.30781  Partial tax credits for rehabilitation of
665drycleaning-solvent-contaminated sites and brownfield sites in
666designated brownfield areas; application process; rulemaking
667authority; revocation authority.--
668     (2)(a)  A credit in the amount of 35 percent of the costs
669of voluntary cleanup activity that is integral to site
670rehabilitation at the following sites is allowed pursuant to s.
671ss. 199.1055 and 220.1845:
672     1.  A drycleaning-solvent-contaminated site eligible for
673state-funded site rehabilitation under s. 376.3078(3);
674     2.  A drycleaning-solvent-contaminated site at which
675cleanup is undertaken by the real property owner pursuant to s.
676376.3078(11), if the real property owner is not also, and has
677never been, the owner or operator of the drycleaning facility
678where the contamination exists; or
679     3.  A brownfield site in a designated brownfield area under
680s. 376.80.
681     (3)  The Department of Environmental Protection shall be
682responsible for allocating the tax credits provided for in s.
683ss. 199.1055 and 220.1845, not to exceed a total of $2 million
684in tax credits annually.
685     (8)  On or before March 1, the Department of Environmental
686Protection shall inform each eligible tax credit applicant of
687the amount of its partial tax credit and provide each eligible
688tax credit applicant with a tax credit certificate that must be
689submitted with its tax return to the Department of Revenue to
690claim the tax credit or be transferred pursuant to s.
691199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in
692the payment of refunds if total credits exceed the amount of tax
693owed.
694     (12)  A tax credit applicant who receives state-funded site
695rehabilitation under s. 376.3078(3) for rehabilitation of a
696drycleaning-solvent-contaminated site is ineligible to receive a
697tax credit under s. 199.1055 or s. 220.1845 for costs incurred
698by the tax credit applicant in conjunction with the
699rehabilitation of that site during the same time period that
700state-administered site rehabilitation was underway.
701     Section 23.  Subsection (13) of section 493.6102, Florida
702Statutes, is amended to read:
703     493.6102  Inapplicability of this chapter.--This chapter
704shall not apply to:
705     (13)  Any individual employed as a security officer by a
706church or ecclesiastical or denominational organization having
707an established physical place of worship in this state at which
708nonprofit religious services and activities are regularly
709conducted or by a church cemetery religious institution as
710defined in s. 199.183(2)(a) to provide security on the
711institution property of the organization or cemetery, and who
712does not carry a firearm in the course of her or his duties.
713     Section 24.  Paragraph (b) of subsection (4) of section
714650.05, Florida Statutes, is amended to read:
715     650.05  Plans for coverage of employees of political
716subdivisions.--
717     (4)
718     (b)  The grants-in-aid and other revenue referred to in
719paragraph (a) specifically include, but are not limited to,
720minimum foundation program grants to public school districts and
721community colleges; gasoline, motor fuel, intangible, cigarette,
722racing, and insurance premium taxes distributed to political
723subdivisions; and amounts specifically appropriated as grants-
724in-aid for mental health, mental retardation, and mosquito
725control programs.
726     Section 25.  Subsection (1) of section 655.071, Florida
727Statutes, is amended to read:
728     655.071  International banking facilities; definitions;
729notice before establishment.--
730     (1)  "International banking facility" means a set of asset
731and liability accounts segregated on the books and records of a
732banking organization, as that term is defined in s. 201.23
733199.023, that includes only international banking facility
734deposits, borrowings, and extensions of credit, as those terms
735shall be defined by the commission pursuant to subsection (2).
736     Section 26.  Effective January 1, 2009, subsections (5) and
737(6) of section 733.702, Florida Statutes, are amended to read:
738     733.702  Limitations on presentation of claims.--
739     (5)  The Department of Revenue may file a claim against the
740estate of a decedent for taxes due under chapter 199 after the
741expiration of the time for filing claims provided in subsection
742(1), if the department files its claim within 30 days after the
743service of the inventory. Upon filing of the estate tax return
744with the department as provided in s. 198.13, or to the extent
745the inventory or estate tax return is amended or supplemented,
746the department has the right to file a claim or to amend its
747previously filed claim within 30 days after service of the
748estate tax return, or an amended or supplemented inventory or
749filing of an amended or supplemental estate tax return, as to
750the additional information disclosed.
751     (5)(6)  Nothing in this section shall extend the
752limitations period set forth in s. 733.710.
753     Section 27.  Effective upon this act becoming a law, the
754executive director of the Department of Revenue may adopt
755emergency rules under ss. 120.536(1) and 120.54, Florida
756Statutes, to implement chapter 199, Florida Statutes, and all
757conditions are deemed met for the adoption of such rules.
758Notwithstanding any other provision of law, such emergency rules
759shall remain effective for 6 months after the date of adoption
760and may be renewed during the pendency of procedures to adopt
761rules addressing the subject of the emergency rules.
762     Section 28.  Except as otherwise expressly provided in this
763act, this act shall take effect January 1, 2007.


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