| 1 | A bill to be entitled |
| 2 | An act relating to the annual intangible personal property |
| 3 | tax; repealing ss. 199.012, 199.023, 199.032, 199.033, |
| 4 | 199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, |
| 5 | 199.106, 199.175, and 199.185, F.S., relating to the |
| 6 | annual intangible personal property tax; amending s. |
| 7 | 199.303, F.S.; providing additional legislative intent |
| 8 | relating to the annual intangible personal property tax; |
| 9 | amending ss. 28.35, 192.0105, 192.032, 192.042, 192.091, |
| 10 | 193.114, 196.015, 196.199, 199.133, 199.183, 199.218, |
| 11 | 199.232, 199.282, 199.292, 212.02, 213.053, 213.054, |
| 12 | 213.27, 220.1845, 376.30781, 493.6102, 650.05, 655.071, |
| 13 | and 733.702, F.S., to conform provisions to the repeal of |
| 14 | the annual intangible personal property tax; providing for |
| 15 | application of certain collection, administration, and |
| 16 | enforcement provisions to taxation of certain leaseholds; |
| 17 | authorizing the Department of Revenue to adopt emergency |
| 18 | implementing rules for a certain time; providing effective |
| 19 | dates. |
| 20 |
|
| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Sections 199.012, 199.023, 199.032, 199.033, |
| 24 | 199.042, 199.052, 199.057, 199.062, 199.103, 199.1055, 199.106, |
| 25 | 199.175, and 199.185, Florida Statutes, are repealed. |
| 26 | Section 2. Paragraph (c) of subsection (1) of section |
| 27 | 28.35, 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 |
| 31 | shall be considered a political subdivision of the state and |
| 32 | shall be exempt from the corporate income tax. The corporation |
| 33 | is not subject to the procurement provisions of chapter 287 and |
| 34 | policies and decisions of the corporation relating to incurring |
| 35 | debt, levying assessments, and the sale, issuance, continuation, |
| 36 | terms, and claims under corporation policies, and all services |
| 37 | relating thereto, are not subject to the provisions of chapter |
| 38 | 120. |
| 39 | Section 3. Paragraph (a) of subsection (4) of section |
| 40 | 192.0105, Florida Statutes, is amended to read: |
| 41 | 192.0105 Taxpayer rights.--There is created a Florida |
| 42 | Taxpayer's Bill of Rights for property taxes and assessments to |
| 43 | guarantee that the rights, privacy, and property of the |
| 44 | taxpayers of this state are adequately safeguarded and protected |
| 45 | during tax levy, assessment, collection, and enforcement |
| 46 | processes administered under the revenue laws of this state. The |
| 47 | Taxpayer's Bill of Rights compiles, in one document, brief but |
| 48 | comprehensive statements that summarize the rights and |
| 49 | obligations of the property appraisers, tax collectors, clerks |
| 50 | of the court, local governing boards, the Department of Revenue, |
| 51 | and taxpayers. Additional rights afforded to payors of taxes and |
| 52 | assessments imposed under the revenue laws of this state are |
| 53 | provided in s. 213.015. The rights afforded taxpayers to assure |
| 54 | that their privacy and property are safeguarded and protected |
| 55 | during tax levy, assessment, and collection are available only |
| 56 | insofar as they are implemented in other parts of the Florida |
| 57 | Statutes or rules of the Department of Revenue. The rights so |
| 58 | guaranteed to state taxpayers in the Florida Statutes and the |
| 59 | departmental rules include: |
| 60 | (4) THE RIGHT TO CONFIDENTIALITY.-- |
| 61 | (a) The right to have information kept confidential, |
| 62 | including federal tax information, ad valorem tax returns, |
| 63 | social security numbers, all financial records produced by the |
| 64 | taxpayer, Form DR-219 returns for documentary stamp tax |
| 65 | information, and sworn statements of gross income, copies of |
| 66 | federal income tax returns for the prior year, wage and earnings |
| 67 | statements (W-2 forms), and other documents (see ss. 192.105, |
| 68 | 193.074, 193.114(5)(6), 195.027(3) and (6), and 196.101(4)(c)). |
| 69 | Section 4. Subsections (5), (6), and (7) of section |
| 70 | 192.032, Florida Statutes, are amended to read: |
| 71 | 192.032 Situs of property for assessment purposes.--All |
| 72 | property shall be assessed according to its situs as follows: |
| 73 | (5) Intangible personal property, according to the rules |
| 74 | laid 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 |
| 77 | conduct of foreign or interstate commerce shall not be deemed to |
| 78 | have acquired a taxable situs within a county when the property |
| 79 | is temporarily halted or stored within the state for a period |
| 80 | not exceeding 180 days. |
| 81 | (b) "Marine cargo container" means a nondisposable |
| 82 | receptacle which is of a permanent character, strong enough to |
| 83 | be suitable for repeated use; which is specifically designed to |
| 84 | facilitate the carriage of goods by one or more modes of |
| 85 | transport, one of which shall be by ocean vessel, without |
| 86 | intermediate reloading; and which is fitted with devices |
| 87 | permitting its ready handling, particularly in the transfer from |
| 88 | one transport mode to another. The term "marine cargo container" |
| 89 | includes a container when carried on a chassis but does not |
| 90 | include a vehicle or packaging. |
| 91 | (6)(7) Notwithstanding any other provision of this |
| 92 | section, tangible personal property used in traveling shows such |
| 93 | as carnivals, ice shows, or circuses shall be deemed to be |
| 94 | physically present or habitually located or typically present |
| 95 | only to the extent the value of such property is multiplied by a |
| 96 | fraction, the numerator of which is the number of days such |
| 97 | property is present in Florida during the taxable year and the |
| 98 | denominator of which is the number of days in the taxable year. |
| 99 | However, railroad property of such traveling shows shall be |
| 100 | taxable under s. 193.085(4)(b) and not under this section. |
| 101 | Section 5. Subsection (3) of section 192.042, Florida |
| 102 | Statutes, is amended to read: |
| 103 | 192.042 Date of assessment.--All property shall be |
| 104 | assessed according to its just value as follows: |
| 105 | (3) Intangible personal property, according to the rules |
| 106 | laid down in chapter 199. |
| 107 | Section 6. Subsections (5) and (6) of section 192.091, |
| 108 | Florida Statutes, are amended to read: |
| 109 | 192.091 Commissions of property appraisers and tax |
| 110 | collectors.-- |
| 111 | (5) Provided, that The provisions of this section shall |
| 112 | not apply to commissions on intangible property taxes or |
| 113 | drainage district or drainage subdistrict taxes.; and |
| 114 | (6) If Provided, further, that where any property |
| 115 | appraiser or tax collector in the state is receiving |
| 116 | compensation for expenses in conducting his or her office or by |
| 117 | way of salary pursuant to any act of the Legislature other than |
| 118 | the general law fixing compensation of property appraisers, such |
| 119 | property appraiser or tax collector may file a declaration in |
| 120 | writing with the board of county commissioners of his or her |
| 121 | county electing to come under the provisions of this section, |
| 122 | and thereupon such property appraiser or tax collector shall be |
| 123 | paid compensation in accordance with the provisions hereof, and |
| 124 | shall not be entitled to the benefit of the said special or |
| 125 | local act. If such property appraiser or tax collector does not |
| 126 | so elect, he or she shall continue to be paid such compensation |
| 127 | as may now be provided by law for such property appraiser or tax |
| 128 | collector. |
| 129 | Section 7. Subsections (4), (5), and (6) of section |
| 130 | 193.114, Florida Statutes, are amended to read: |
| 131 | 193.114 Preparation of assessment rolls.-- |
| 132 | (4) The department shall promulgate regulations and forms |
| 133 | for the preparation of the intangible personal property roll to |
| 134 | comply with chapter 199. |
| 135 | (4)(5) For every change made to the assessed or taxable |
| 136 | value of a parcel on an assessment roll subsequent to the |
| 137 | mailing of the notice provided for in s. 200.069, the property |
| 138 | appraiser shall document the reason for such change in the |
| 139 | public records of the office of the property appraiser in a |
| 140 | manner acceptable to the executive director or the executive |
| 141 | director's designee. For every change that decreases the |
| 142 | assessed or taxable value of a parcel on an assessment roll |
| 143 | between the time of complete submission of the tax roll pursuant |
| 144 | to s. 193.1142(3) and mailing of the notice provided for in s. |
| 145 | 200.069, the property appraiser shall document the reason for |
| 146 | such change in the public records of the office of the property |
| 147 | appraiser in a manner acceptable to the executive director or |
| 148 | the executive director's designee. Changes made by the value |
| 149 | adjustment board are not subject to the requirements of this |
| 150 | subsection. |
| 151 | (5)(6) For proprietary purposes, including the furnishing |
| 152 | or sale of copies of the tax roll under s. 119.07(1), the |
| 153 | property appraiser is the custodian of the tax roll and the |
| 154 | copies of it which are maintained by any state agency. The |
| 155 | department or any state or local agency may use copies of the |
| 156 | tax roll received by it for official purposes and shall permit |
| 157 | inspection and examination thereof under s. 119.07(1), but is |
| 158 | not required to furnish copies of the records. A social security |
| 159 | number submitted under s. 196.011(1) is confidential and exempt |
| 160 | from s. 24(a), Art. I of the State Constitution and the |
| 161 | provisions of s. 119.07(1). A copy of documents containing the |
| 162 | numbers furnished or sold by the property appraiser, except a |
| 163 | copy furnished to the department, or a copy of documents |
| 164 | containing social security numbers provided by the department or |
| 165 | any state or local agency for inspection or examination by the |
| 166 | public, must exclude those social security numbers. |
| 167 | Section 8. Subsection (9) of section 196.015, Florida |
| 168 | Statutes, is amended to read: |
| 169 | 196.015 Permanent residency; factual determination by |
| 170 | property appraiser.--Intention to establish a permanent |
| 171 | residence in this state is a factual determination to be made, |
| 172 | in the first instance, by the property appraiser. Although any |
| 173 | one factor is not conclusive of the establishment or |
| 174 | nonestablishment of permanent residence, the following are |
| 175 | relevant factors that may be considered by the property |
| 176 | appraiser in making his or her determination as to the intent of |
| 177 | a person claiming a homestead exemption to establish a permanent |
| 178 | residence in this state: |
| 179 | (9) The previous filing of Florida intangible tax returns |
| 180 | by the applicant. |
| 181 | Section 9. Paragraph (b) of subsection (2) of section |
| 182 | 196.199, Florida Statutes, is amended to read: |
| 183 | 196.199 Government property exemption.-- |
| 184 | (2) Property owned by the following governmental units but |
| 185 | used by nongovernmental lessees shall only be exempt from |
| 186 | taxation under the following conditions: |
| 187 | (b) Except as provided in paragraph (c), the exemption |
| 188 | provided by this subsection shall not apply to those portions of |
| 189 | a leasehold or other interest defined by s. 199.023(1)(d), |
| 190 | Florida Statutes 2005, subject to the provisions of subsection |
| 191 | (7). Such leasehold or other interest shall be taxed only as |
| 192 | intangible personal property pursuant to chapter 199, Florida |
| 193 | Statutes 2005, if rental payments are due in consideration of |
| 194 | such leasehold or other interest. All applicable collection, |
| 195 | administration, and enforcement provisions of chapter 199, |
| 196 | Florida Statutes 2005, shall apply to taxation of such |
| 197 | leaseholds. If no rental payments are due pursuant to the |
| 198 | agreement creating such leasehold or other interest, the |
| 199 | leasehold or other interest shall be taxed as real property. |
| 200 | Nothing in this paragraph shall be deemed to exempt personal |
| 201 | property, buildings, or other real property improvements owned |
| 202 | by the lessee from ad valorem taxation. |
| 203 | Section 10. Subsection (2) of section 199.133, Florida |
| 204 | Statutes, is amended to read: |
| 205 | 199.133 Levy of nonrecurring tax; relationship to annual |
| 206 | tax.-- |
| 207 | (2) The nonrecurring tax shall apply to a note, bond, or |
| 208 | other obligation for payment of money only to the extent it is |
| 209 | secured by mortgage, deed of trust, or other lien upon real |
| 210 | property situated in this state. Where a note, bond, or other |
| 211 | obligation is secured by personal property or by real property |
| 212 | situated outside this state, as well as by mortgage, deed of |
| 213 | trust, or other lien upon real property situated in this state, |
| 214 | then the nonrecurring tax shall apply to that portion of the |
| 215 | note, bond, or other obligation which bears the same ratio to |
| 216 | the entire principal balance of the note, bond, or other |
| 217 | obligation as the value of the real property situated in this |
| 218 | state bears to the value of all of the security; however, if the |
| 219 | security is solely made up of personal property and real |
| 220 | property situated in this state, the taxpayer may elect to |
| 221 | apportion the taxes based upon the value of the collateral, if |
| 222 | any, to which the taxpayer by law or contract must look first |
| 223 | for collection. In no event shall the portion of the note, bond, |
| 224 | or other obligation which is subject to the nonrecurring tax |
| 225 | exceed in value the value of the real property situated in this |
| 226 | state which is the security. The portion of a note, bond, or |
| 227 | other obligation which is not subject to the nonrecurring tax |
| 228 | shall be subject to the annual tax unless otherwise exempt. |
| 229 | Section 11. Subsections (1), (3), and (4) of section |
| 230 | 199.183, Florida Statutes, are amended to read: |
| 231 | 199.183 Taxpayers exempt from annual and nonrecurring |
| 232 | taxes.-- |
| 233 | (1) Intangible personal property owned by this state or |
| 234 | any of its political subdivisions or municipalities shall be |
| 235 | exempt from taxation under this chapter. This exemption does not |
| 236 | apply to: |
| 237 | (a) Any leasehold or other interest that is described in |
| 238 | s. 199.023(1)(d), Florida Statutes 2005; or. |
| 239 | (b) Property related to the provision of two-way |
| 240 | telecommunications services to the public for hire by the use of |
| 241 | a telecommunications facility, as defined in s. 364.02(15), and |
| 242 | for which a certificate is required under chapter 364, when the |
| 243 | service is provided by any county, municipality, or other |
| 244 | political subdivision of the state. Any immunity of any |
| 245 | political subdivision of the state or other entity of local |
| 246 | government from taxation of the property used to provide |
| 247 | telecommunication services that is taxed as a result of this |
| 248 | paragraph is hereby waived. However, intangible personal |
| 249 | property related to the provision of telecommunications services |
| 250 | provided by the operator of a public-use airport, as defined in |
| 251 | s. 332.004, for the operator's provision of telecommunications |
| 252 | services for the airport or its tenants, concessionaires, or |
| 253 | licensees, and intangible personal property related to the |
| 254 | provision of telecommunications services provided by a public |
| 255 | hospital, are exempt from taxation under this chapter. |
| 256 | (3) Every national bank having its principal place of |
| 257 | business in another state, but operating a credit card credit |
| 258 | application processing, customer service, or collection |
| 259 | operation in this state, that is not considered a bank under the |
| 260 | provisions of 12 U.S.C. s. 1841(c)(2)(F), is exempt from paying |
| 261 | the tax imposed by this chapter on credit card receivables owed |
| 262 | to the bank by credit card holders domiciled outside this state. |
| 263 | (4) Intangible personal property that is owned, managed, |
| 264 | or controlled by a trustee of a trust is exempt from annual tax |
| 265 | under this chapter. This exemption does not exempt from annual |
| 266 | tax a resident of this state who has a taxable beneficial |
| 267 | interest, as defined in s. 199.023, in a trust. |
| 268 | Section 12. Section 199.218, Florida Statutes, is amended |
| 269 | to read: |
| 270 | 199.218 Books and records.-- |
| 271 | (1) Each taxpayer shall retain all books and other records |
| 272 | necessary to identify the taxpayer's intangible personal |
| 273 | property and to determine any tax due under this chapter, as |
| 274 | well as all books and other records otherwise required by rule |
| 275 | of the department with respect to any such tax, until the |
| 276 | department's power to make an assessment with respect to such |
| 277 | tax has terminated under s. 95.091(3). |
| 278 | (2) Each broker subject to the provisions of s. 199.062 |
| 279 | shall preserve all books and other records relating to the |
| 280 | information reported under s. 199.062 or otherwise required by |
| 281 | rule of the department for a period of 3 years from the due date |
| 282 | of 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 |
| 287 | any person to determine whether an annual tax or a nonrecurring |
| 288 | tax has been properly paid. |
| 289 | (3) With or without an audit, the department may assess |
| 290 | any tax deficiency resulting from nonpayment or underpayment of |
| 291 | the tax, as well as any applicable interest and penalties. The |
| 292 | department shall assess on the basis of the best information |
| 293 | available to it, including estimates based on the best |
| 294 | information available to it if the taxpayer fails to permit |
| 295 | inspection of the taxpayer's records, fails to file an annual |
| 296 | return, files a grossly incorrect return, or files a false and |
| 297 | fraudulent return. |
| 298 | Section 14. Subsections (2), (3), (4), (6), and (8) of |
| 299 | section 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 |
| 304 | statutory due date, then despite any extension granted under s. |
| 305 | 199.232(6), interest shall run on the unpaid balance from such |
| 306 | due date until paid at the rate of 12 percent per year. |
| 307 | (3)(a) If any annual or nonrecurring tax is not paid by |
| 308 | the due date, a delinquency penalty shall be charged. The |
| 309 | delinquency penalty shall be 10 percent of the delinquent tax |
| 310 | for each calendar month or portion thereof from the due date |
| 311 | until paid, up to a limit of 50 percent of the total tax not |
| 312 | timely paid. |
| 313 | (b) If any annual tax return required by this chapter is |
| 314 | not filed by the due date, a penalty of 10 percent of the tax |
| 315 | due with the return shall be charged for each calendar month or |
| 316 | portion thereof during which the return remains unfiled, up to a |
| 317 | limit of 50 percent of the total tax due. |
| 318 |
|
| 319 | For any penalty assessed under this subsection, the combined |
| 320 | total for all penalties assessed under paragraphs (a) and (b) |
| 321 | shall not exceed 10 percent per calendar month, up to a limit of |
| 322 | 50 percent of the total tax due. |
| 323 | (4) If an annual tax return is filed and property is |
| 324 | either omitted from it or undervalued, then a specific penalty |
| 325 | shall be charged. The specific penalty shall be 10 percent of |
| 326 | the tax attributable to each omitted item or to each |
| 327 | undervaluation. No delinquency or late filing penalty shall be |
| 328 | charged 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 |
| 331 | timely file a written notice required under s. 199.057(2)(c). |
| 332 | (b) An initial penalty of $10 per customer position |
| 333 | statement, plus an additional penalty of the greater of 1 |
| 334 | percent of the initial penalty or $50 for each month or portion |
| 335 | of a month, from the date due until filing is made, upon any |
| 336 | security dealer or investment adviser who does not timely file |
| 337 | or fails to file the statements required by s. 199.062(1). The |
| 338 | submission of a position statement that does not comply with the |
| 339 | department's specifications and instructions or the submission |
| 340 | of an inaccurate position statement is not a timely filing. The |
| 341 | department shall notify any security dealer or investment |
| 342 | adviser who fails to timely file the required statements. The |
| 343 | minimum penalty imposed upon a security dealer or investment |
| 344 | adviser under this paragraph is $100. |
| 345 | (6)(8) Any person who fails or refuses to file an annual |
| 346 | return, or who fails or refuses to make records available for |
| 347 | inspection, when requested to do so by the department is guilty |
| 348 | of a misdemeanor of the first degree, punishable as provided in |
| 349 | s. 775.082 or s. 775.083. |
| 350 | Section 15. Section 199.292, Florida Statutes, is amended |
| 351 | to read: |
| 352 | 199.292 Disposition of intangible personal property |
| 353 | taxes.--All intangible personal property taxes collected |
| 354 | pursuant to this chapter, except for revenues derived from the |
| 355 | annual tax on a leasehold described in s. 199.023(1)(d), Florida |
| 356 | Statutes 2005, shall be deposited into the General Revenue Fund. |
| 357 | Revenues derived from the annual tax on a leasehold described in |
| 358 | s. 199.023(1)(d), Florida Statutes 2005, shall be returned to |
| 359 | the local school board for the county in which the property |
| 360 | subject to the leasehold is situated. |
| 361 | Section 16. Subsection (3) is added to section 199.303, |
| 362 | Florida Statutes, to read: |
| 363 | 199.303 Declaration of legislative intent.-- |
| 364 | (3) It is hereby declared to be the specific intent of the |
| 365 | Legislature that all annual intangible personal property taxes |
| 366 | imposed as provided by law for calendar years 2006 and prior |
| 367 | shall remain in full force and effect during the period |
| 368 | specified by s. 95.091 for the year in which the tax was due. It |
| 369 | is further the intent of the Legislature that the department |
| 370 | continue to assess and collect all taxes due to the state under |
| 371 | such provisions for all periods available for assessment, as |
| 372 | provided for the year in which tax was due by s. 95.091. |
| 373 | Section 17. Subsection (19) of section 212.02, Florida |
| 374 | Statutes, is amended to read: |
| 375 | 212.02 Definitions.--The following terms and phrases when |
| 376 | used in this chapter have the meanings ascribed to them in this |
| 377 | section, except where the context clearly indicates a different |
| 378 | meaning: |
| 379 | (19) "Tangible personal property" means and includes |
| 380 | personal property which may be seen, weighed, measured, or |
| 381 | touched or is in any manner perceptible to the senses, including |
| 382 | electric power or energy, boats, motor vehicles and mobile homes |
| 383 | as defined in s. 320.01(1) and (2), aircraft as defined in s. |
| 384 | 330.27, and all other types of vehicles. The term "tangible |
| 385 | personal property" does not include stocks, bonds, notes, |
| 386 | insurance, or other obligations or securities; intangibles as |
| 387 | defined by the intangible tax law of the state; or pari-mutuel |
| 388 | tickets 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 |
| 391 | amended to read: |
| 392 | 213.053 Confidentiality and information sharing.-- |
| 393 | (7) Notwithstanding any other provision of this section, |
| 394 | the department may provide: |
| 395 | (p) Information relative to ss. 199.1055, 220.1845, and |
| 396 | 376.30781 to the Department of Environmental Protection in the |
| 397 | conduct of its official business. |
| 398 |
|
| 399 | Disclosure of information under this subsection shall be |
| 400 | pursuant to a written agreement between the executive director |
| 401 | and the agency. Such agencies, governmental or nongovernmental, |
| 402 | shall be bound by the same requirements of confidentiality as |
| 403 | the Department of Revenue. Breach of confidentiality is a |
| 404 | misdemeanor of the first degree, punishable as provided by s. |
| 405 | 775.082 or s. 775.083. |
| 406 | (14)(a) Notwithstanding any other provision of this |
| 407 | section, the department shall, subject to the safeguards |
| 408 | specified in paragraph (c), disclose to the Division of |
| 409 | Corporations of the Department of State the name, address, |
| 410 | federal employer identification number, and duration of tax |
| 411 | filings with this state of all corporate or partnership entities |
| 412 | which are not on file or have a dissolved status with the |
| 413 | Division of Corporations and which have filed tax returns |
| 414 | pursuant to either chapter 199 or chapter 220. |
| 415 | Section 19. Section 213.054, Florida Statutes, is amended |
| 416 | to read: |
| 417 | 213.054 Persons claiming tax exemptions or deductions; |
| 418 | annual report.--The Department of Revenue shall be responsible |
| 419 | for monitoring the utilization of tax exemptions and tax |
| 420 | deductions authorized pursuant to chapter 81-179, Laws of |
| 421 | Florida. On or before September 1 of each year, the department |
| 422 | shall report to the Chief Financial Officer the names and |
| 423 | addresses of all persons who have claimed an exemption pursuant |
| 424 | to s. 199.185(1)(i) or a deduction pursuant to s. 220.63(5). |
| 425 | Section 20. Section 213.27, Florida Statutes, is amended |
| 426 | to read: |
| 427 | 213.27 Contracts with debt collection agencies and certain |
| 428 | vendors.-- |
| 429 | (1) The Department of Revenue may, for the purpose of |
| 430 | collecting any delinquent taxes due from a taxpayer, including |
| 431 | taxes for which a bill or notice has been generated, contract |
| 432 | with any debt collection agency or attorney doing business |
| 433 | within or without this state for the collection of such |
| 434 | delinquent taxes, including penalties and interest thereon. The |
| 435 | department may also share confidential information pursuant to |
| 436 | the contract necessary for the collection of delinquent taxes |
| 437 | and taxes for which a billing or notice has been generated. |
| 438 | Contracts will be made pursuant to chapter 287. The taxpayer |
| 439 | must be notified by mail by the department, its employees, or |
| 440 | its authorized representative at least 30 days prior to |
| 441 | commencing any litigation to recover any delinquent taxes. The |
| 442 | taxpayer must be notified by mail by the department at least 30 |
| 443 | days prior to the initial assignment by the department of the |
| 444 | taxpayer's account for the collection of any taxes by the debt |
| 445 | collection agency. |
| 446 | (2) The department may enter into contracts with any |
| 447 | individual or business for the purpose of identifying intangible |
| 448 | personal property tax liability. Contracts may provide for the |
| 449 | identification of assets subject to the tax on intangible |
| 450 | personal property, the determination of value of such property, |
| 451 | the requirement for filing a tax return and the collection of |
| 452 | taxes due, including applicable penalties and interest thereon. |
| 453 | The department may share confidential information pursuant to |
| 454 | the contract necessary for the identification of taxable |
| 455 | intangible personal property. Contracts shall be made pursuant |
| 456 | to chapter 287. The taxpayer must be notified by mail by the |
| 457 | department at least 30 days prior to the department assigning |
| 458 | identification of intangible personal property to an individual |
| 459 | or business. |
| 460 | (2)(3) Any contract may provide, in the discretion of the |
| 461 | executive director of the Department of Revenue, the manner in |
| 462 | which the compensation for such services will be paid. Under |
| 463 | standards established by the department, such compensation shall |
| 464 | be added to the amount of the tax and collected as a part |
| 465 | thereof by the agency or deducted from the amount of tax, |
| 466 | penalty, and interest actually collected. |
| 467 | (3)(4) All funds collected under the terms of the |
| 468 | contract, less the fees provided in the contract, shall be |
| 469 | remitted to the department within 30 days from the date of |
| 470 | collection from a taxpayer. Forms to be used for such purpose |
| 471 | shall be prescribed by the department. |
| 472 | (4)(5) The department shall require a bond from the debt |
| 473 | collection agency or the individual or business contracted with |
| 474 | under subsection (2) not in excess of $100,000 guaranteeing |
| 475 | compliance with the terms of the contract. However, a bond of |
| 476 | $10,000 is required from a debt collection agency if the agency |
| 477 | does not actually collect and remit delinquent funds to the |
| 478 | department. |
| 479 | (5)(6) The department may, for the purpose of ascertaining |
| 480 | the amount of or collecting any taxes due from a person doing |
| 481 | mail order business in this state, contract with any auditing |
| 482 | agency doing business within or without this state for the |
| 483 | purpose of conducting an audit of such mail order business; |
| 484 | however, such audit agency may not conduct an audit on behalf of |
| 485 | the department of any person domiciled in this state, person |
| 486 | registered for sales and use tax purposes in this state, or |
| 487 | corporation filing a Florida corporate tax return, if any such |
| 488 | person or corporation objects to such audit in writing to the |
| 489 | department and the auditing agency. The department shall notify |
| 490 | the taxpayer by mail at least 30 days before the department |
| 491 | assigns the collection of such taxes. |
| 492 | (6)(7) Confidential information shared by the department |
| 493 | with debt collection or auditing agencies or individuals or |
| 494 | businesses with which the department has contracted under |
| 495 | subsection (2) is exempt from the provisions of s. 119.07(1), |
| 496 | and debt collection or auditing agencies and individuals or |
| 497 | businesses with which the department has contracted under |
| 498 | subsection (2) shall be bound by the same requirements of |
| 499 | confidentiality as the Department of Revenue. Breach of |
| 500 | confidentiality is a misdemeanor of the first degree, punishable |
| 501 | as provided by ss. 775.082 and 775.083. |
| 502 | (7)(8)(a) The executive director of the department may |
| 503 | enter into contracts with private vendors to develop and |
| 504 | implement systems to enhance tax collections where compensation |
| 505 | to the vendors is funded through increased tax collections. The |
| 506 | amount of compensation paid to a vendor shall be based on a |
| 507 | percentage of increased tax collections attributable to the |
| 508 | system after all administrative and judicial appeals are |
| 509 | exhausted, and the total amount of compensation paid to a vendor |
| 510 | shall not exceed the maximum amount stated in the contract. |
| 511 | (b) A person acting on behalf of the department under a |
| 512 | contract authorized by this subsection does not exercise any of |
| 513 | the powers of the department, except that the person is an agent |
| 514 | of the department for the purposes of developing and |
| 515 | implementing a system to enhance tax collection. |
| 516 | (c) Disclosure of information under this subsection shall |
| 517 | be pursuant to a written agreement between the executive |
| 518 | director and the private vendors. The vendors shall be bound by |
| 519 | the same requirements of confidentiality as the department. |
| 520 | Breach of confidentiality is a misdemeanor of the first degree, |
| 521 | punishable as provided in s. 775.082 or s. 775.083. |
| 522 | Section 21. Subsection (1) and paragraphs (b) and (c) of |
| 523 | subsection (3) of section 220.1845, Florida Statutes, are |
| 524 | amended 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 |
| 528 | voluntary cleanup activity that is integral to site |
| 529 | rehabilitation at the following sites is available against any |
| 530 | tax due for a taxable year under this chapter: |
| 531 | 1. A drycleaning-solvent-contaminated site eligible for |
| 532 | state-funded site rehabilitation under s. 376.3078(3); |
| 533 | 2. A drycleaning-solvent-contaminated site at which |
| 534 | cleanup is undertaken by the real property owner pursuant to s. |
| 535 | 376.3078(11), if the real property owner is not also, and has |
| 536 | never been, the owner or operator of the drycleaning facility |
| 537 | where the contamination exists; or |
| 538 | 3. A brownfield site in a designated brownfield area under |
| 539 | s. 376.80. |
| 540 | (b) A tax credit applicant, or multiple tax credit |
| 541 | applicants working jointly to clean up a single site, may not be |
| 542 | granted more than $250,000 per year in tax credits for each site |
| 543 | voluntarily rehabilitated. Multiple tax credit applicants shall |
| 544 | be granted tax credits in the same proportion as their |
| 545 | contribution to payment of cleanup costs. Subject to the same |
| 546 | conditions and limitations as provided in this section, a |
| 547 | municipality, county, or other tax credit applicant which |
| 548 | voluntarily rehabilitates a site may receive not more than |
| 549 | $250,000 per year in tax credits which it can subsequently |
| 550 | transfer subject to the provisions in paragraph (g)(h). |
| 551 | (c) If the credit granted under this section is not fully |
| 552 | used in any one year because of insufficient tax liability on |
| 553 | the part of the corporation, the unused amount may be carried |
| 554 | forward for a period not to exceed 5 years. The carryover credit |
| 555 | may be used in a subsequent year when the tax imposed by this |
| 556 | chapter for that year exceeds the credit for which the |
| 557 | corporation is eligible in that year under this section after |
| 558 | applying the other credits and unused carryovers in the order |
| 559 | provided by s. 220.02(8). Five years after the date a credit is |
| 560 | granted under this section, such credit expires and may not be |
| 561 | used. However, if during the 5-year period the credit is |
| 562 | transferred, in whole or in part, pursuant to paragraph (g)(h), |
| 563 | each transferee has 5 years after the date of transfer to use |
| 564 | its credit. |
| 565 | (d) A taxpayer that files a consolidated return in this |
| 566 | state as a member of an affiliated group under s. 220.131(1) may |
| 567 | be allowed the credit on a consolidated return basis up to the |
| 568 | amount of tax imposed upon the consolidated group. |
| 569 | (e) A taxpayer that receives credit under s. 199.1055 is |
| 570 | ineligible to receive credit under this section in a given tax |
| 571 | year. |
| 572 | (e)(f) A tax credit applicant that receives state-funded |
| 573 | site rehabilitation under s. 376.3078(3) for rehabilitation of a |
| 574 | drycleaning-solvent-contaminated site is ineligible to receive |
| 575 | credit under this section for costs incurred by the tax credit |
| 576 | applicant in conjunction with the rehabilitation of that site |
| 577 | during the same time period that state-administered site |
| 578 | rehabilitation was underway. |
| 579 | (f)(g) The total amount of the tax credits which may be |
| 580 | granted under this section and s. 199.1055 is $2 million |
| 581 | annually. |
| 582 | (g)(h)1. Tax credits that may be available under this |
| 583 | section to an entity eligible under s. 376.30781 may be |
| 584 | transferred after a merger or acquisition to the surviving or |
| 585 | acquiring entity and used in the same manner and with the same |
| 586 | limitations. |
| 587 | 2. The entity or its surviving or acquiring entity as |
| 588 | described in subparagraph 1., may transfer any unused credit in |
| 589 | whole or in units of no less than 25 percent of the remaining |
| 590 | credit. The entity acquiring such credit may use it in the same |
| 591 | manner and with the same limitation as described in this |
| 592 | section. Such transferred credits may not be transferred again |
| 593 | although they may succeed to a surviving or acquiring entity |
| 594 | subject to the same conditions and limitations as described in |
| 595 | this section. |
| 596 | 3. In the event the credit provided for under this section |
| 597 | is reduced either as a result of a determination by the |
| 598 | Department of Environmental Protection or an examination or |
| 599 | audit by the Department of Revenue, such tax deficiency shall be |
| 600 | recovered from the first entity, or the surviving or acquiring |
| 601 | entity, to have claimed such credit up to the amount of credit |
| 602 | taken. Any subsequent deficiencies shall be assessed against any |
| 603 | entity acquiring and claiming such credit, or in the case of |
| 604 | multiple succeeding entities in the order of credit succession. |
| 605 | (h)(i) In order to encourage completion of site |
| 606 | rehabilitation at contaminated sites being voluntarily cleaned |
| 607 | up and eligible for a tax credit under this section, the tax |
| 608 | credit applicant may claim an additional 10 percent of the total |
| 609 | cleanup costs, not to exceed $50,000, in the final year of |
| 610 | cleanup as evidenced by the Department of Environmental |
| 611 | Protection issuing a "No Further Action" order for that site. |
| 612 | (3) ADMINISTRATION; AUDIT AUTHORITY; TAX CREDIT |
| 613 | FORFEITURE.-- |
| 614 | (b) In addition to its existing audit and investigation |
| 615 | authority relating to chapter 199 and this chapter, the |
| 616 | Department of Revenue may perform any additional financial and |
| 617 | technical audits and investigations, including examining the |
| 618 | accounts, books, or records of the tax credit applicant, which |
| 619 | are necessary to verify the site rehabilitation costs included |
| 620 | in a tax credit return and to ensure compliance with this |
| 621 | section. The Department of Environmental Protection shall |
| 622 | provide technical assistance, when requested by the Department |
| 623 | of Revenue, on any technical audits performed pursuant to this |
| 624 | section. |
| 625 | (c) It is grounds for forfeiture of previously claimed and |
| 626 | received tax credits if the Department of Revenue determines, as |
| 627 | a result of either an audit or information received from the |
| 628 | Department of Environmental Protection, that a taxpayer received |
| 629 | tax credits pursuant to this section to which the taxpayer was |
| 630 | not entitled. In the case of fraud, the taxpayer shall be |
| 631 | prohibited from claiming any future tax credits under this |
| 632 | section or s. 199.1055. |
| 633 | 1. The taxpayer is responsible for returning forfeited tax |
| 634 | credits to the Department of Revenue, and such funds shall be |
| 635 | paid into the General Revenue Fund of the state. |
| 636 | 2. The taxpayer shall file with the Department of Revenue |
| 637 | an amended tax return or such other report as the Department of |
| 638 | Revenue prescribes by rule and shall pay any required tax within |
| 639 | 60 days after the taxpayer receives notification from the |
| 640 | Department of Environmental Protection pursuant to s. 376.30781 |
| 641 | that previously approved tax credits have been revoked or |
| 642 | modified, if uncontested, or within 60 days after a final order |
| 643 | is issued following proceedings involving a contested revocation |
| 644 | or modification order. |
| 645 | 3. A notice of deficiency may be issued by the Department |
| 646 | of Revenue at any time within 5 years after the date the |
| 647 | taxpayer receives notification from the Department of |
| 648 | Environmental Protection pursuant to s. 376.30781 that |
| 649 | previously approved tax credits have been revoked or modified. |
| 650 | If a taxpayer fails to notify the Department of Revenue of any |
| 651 | change in its tax credit claimed, a notice of deficiency may be |
| 652 | issued at any time. In either case, the amount of any proposed |
| 653 | assessment set forth in such notice of deficiency shall be |
| 654 | limited to the amount of any deficiency resulting under this |
| 655 | section from the recomputation of the taxpayer's tax for the |
| 656 | taxable year. |
| 657 | 4. Any taxpayer that fails to report and timely pay any |
| 658 | tax due as a result of the forfeiture of its tax credit is in |
| 659 | violation of this section and is subject to applicable penalty |
| 660 | and interest. |
| 661 | Section 22. Paragraph (a) of subsection (2) and |
| 662 | subsections (3), (8), and (12) of section 376.30781, Florida |
| 663 | Statutes, are amended to read: |
| 664 | 376.30781 Partial tax credits for rehabilitation of |
| 665 | drycleaning-solvent-contaminated sites and brownfield sites in |
| 666 | designated brownfield areas; application process; rulemaking |
| 667 | authority; revocation authority.-- |
| 668 | (2)(a) A credit in the amount of 35 percent of the costs |
| 669 | of voluntary cleanup activity that is integral to site |
| 670 | rehabilitation at the following sites is allowed pursuant to s. |
| 671 | ss. 199.1055 and 220.1845: |
| 672 | 1. A drycleaning-solvent-contaminated site eligible for |
| 673 | state-funded site rehabilitation under s. 376.3078(3); |
| 674 | 2. A drycleaning-solvent-contaminated site at which |
| 675 | cleanup is undertaken by the real property owner pursuant to s. |
| 676 | 376.3078(11), if the real property owner is not also, and has |
| 677 | never been, the owner or operator of the drycleaning facility |
| 678 | where the contamination exists; or |
| 679 | 3. A brownfield site in a designated brownfield area under |
| 680 | s. 376.80. |
| 681 | (3) The Department of Environmental Protection shall be |
| 682 | responsible for allocating the tax credits provided for in s. |
| 683 | ss. 199.1055 and 220.1845, not to exceed a total of $2 million |
| 684 | in tax credits annually. |
| 685 | (8) On or before March 1, the Department of Environmental |
| 686 | Protection shall inform each eligible tax credit applicant of |
| 687 | the amount of its partial tax credit and provide each eligible |
| 688 | tax credit applicant with a tax credit certificate that must be |
| 689 | submitted with its tax return to the Department of Revenue to |
| 690 | claim the tax credit or be transferred pursuant to s. |
| 691 | 199.1055(1)(g) or s. 220.1845(1)(h). Credits will not result in |
| 692 | the payment of refunds if total credits exceed the amount of tax |
| 693 | owed. |
| 694 | (12) A tax credit applicant who receives state-funded site |
| 695 | rehabilitation under s. 376.3078(3) for rehabilitation of a |
| 696 | drycleaning-solvent-contaminated site is ineligible to receive a |
| 697 | tax credit under s. 199.1055 or s. 220.1845 for costs incurred |
| 698 | by the tax credit applicant in conjunction with the |
| 699 | rehabilitation of that site during the same time period that |
| 700 | state-administered site rehabilitation was underway. |
| 701 | Section 23. Subsection (13) of section 493.6102, Florida |
| 702 | Statutes, is amended to read: |
| 703 | 493.6102 Inapplicability of this chapter.--This chapter |
| 704 | shall not apply to: |
| 705 | (13) Any individual employed as a security officer by a |
| 706 | church or ecclesiastical or denominational organization having |
| 707 | an established physical place of worship in this state at which |
| 708 | nonprofit religious services and activities are regularly |
| 709 | conducted or by a church cemetery religious institution as |
| 710 | defined in s. 199.183(2)(a) to provide security on the |
| 711 | institution property of the organization or cemetery, and who |
| 712 | does not carry a firearm in the course of her or his duties. |
| 713 | Section 24. Paragraph (b) of subsection (4) of section |
| 714 | 650.05, Florida Statutes, is amended to read: |
| 715 | 650.05 Plans for coverage of employees of political |
| 716 | subdivisions.-- |
| 717 | (4) |
| 718 | (b) The grants-in-aid and other revenue referred to in |
| 719 | paragraph (a) specifically include, but are not limited to, |
| 720 | minimum foundation program grants to public school districts and |
| 721 | community colleges; gasoline, motor fuel, intangible, cigarette, |
| 722 | racing, and insurance premium taxes distributed to political |
| 723 | subdivisions; and amounts specifically appropriated as grants- |
| 724 | in-aid for mental health, mental retardation, and mosquito |
| 725 | control programs. |
| 726 | Section 25. Subsection (1) of section 655.071, Florida |
| 727 | Statutes, is amended to read: |
| 728 | 655.071 International banking facilities; definitions; |
| 729 | notice before establishment.-- |
| 730 | (1) "International banking facility" means a set of asset |
| 731 | and liability accounts segregated on the books and records of a |
| 732 | banking organization, as that term is defined in s. 201.23 |
| 733 | 199.023, that includes only international banking facility |
| 734 | deposits, borrowings, and extensions of credit, as those terms |
| 735 | shall 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 |
| 740 | estate of a decedent for taxes due under chapter 199 after the |
| 741 | expiration of the time for filing claims provided in subsection |
| 742 | (1), if the department files its claim within 30 days after the |
| 743 | service of the inventory. Upon filing of the estate tax return |
| 744 | with the department as provided in s. 198.13, or to the extent |
| 745 | the inventory or estate tax return is amended or supplemented, |
| 746 | the department has the right to file a claim or to amend its |
| 747 | previously filed claim within 30 days after service of the |
| 748 | estate tax return, or an amended or supplemented inventory or |
| 749 | filing of an amended or supplemental estate tax return, as to |
| 750 | the additional information disclosed. |
| 751 | (5)(6) Nothing in this section shall extend the |
| 752 | limitations period set forth in s. 733.710. |
| 753 | Section 27. Effective upon this act becoming a law, the |
| 754 | executive director of the Department of Revenue may adopt |
| 755 | emergency rules under ss. 120.536(1) and 120.54, Florida |
| 756 | Statutes, to implement chapter 199, Florida Statutes, and all |
| 757 | conditions are deemed met for the adoption of such rules. |
| 758 | Notwithstanding any other provision of law, such emergency rules |
| 759 | shall remain effective for 6 months after the date of adoption |
| 760 | and may be renewed during the pendency of procedures to adopt |
| 761 | rules addressing the subject of the emergency rules. |
| 762 | Section 28. Except as otherwise expressly provided in this |
| 763 | act, this act shall take effect January 1, 2007. |