Senate Bill sb2218

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    Florida Senate - 2006                                  SB 2218

    By Senator Lawson





    6-1261A-06

  1                      A bill to be entitled

  2         An act relating to local occupational license

  3         taxes; amending ch. 205, F.S., consisting of

  4         ss. 205.013-205.1973, F.S.; changing the term

  5         "local occupational license tax" to "business

  6         tax"; defining the term "certificate" as it

  7         relates to business taxes; amending provisions

  8         to conform; providing an effective date.

  9  

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

11  

12         Section 1.  Section 205.013, Florida Statutes, is

13  amended to read:

14         205.013  Short title.--This chapter shall be known and

15  may be cited as the "Local Business Occupational License Tax

16  Act."

17         Section 2.  Section 205.022, Florida Statutes, is

18  amended to read:

19         205.022  Definitions.--When used in this chapter, the

20  following terms and phrases shall have the meanings ascribed

21  to them in this section, except when the context clearly

22  indicates a different meaning:

23         (1)  "Local Business tax occupational license" means

24  the fees charged and the method by which a local governing

25  authority grants the privilege of engaging in or managing any

26  business, profession, or occupation within its jurisdiction.

27  It does not mean any fees or licenses paid to any board,

28  commission, or officer for permits, registration, examination,

29  or inspection. Unless otherwise provided by law, these are

30  deemed to be regulatory and in addition to, but not in lieu

31  

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 1  of, any local business tax occupational license imposed under

 2  the provisions of this chapter.

 3         (2)  "Local governing authority" means the governing

 4  body of any county or incorporated municipality of this state.

 5         (3)  "Person" means any individual, firm, partnership,

 6  joint adventure, syndicate, or other group or combination

 7  acting as a unit, association, corporation, estate, trust,

 8  business trust, trustee, executor, administrator, receiver, or

 9  other fiduciary, and includes the plural as well as the

10  singular.

11         (4)  "Taxpayer" means any person liable for taxes

12  imposed under the provisions of this chapter; any agent

13  required to file and pay any taxes imposed hereunder; and the

14  heirs, successors, assignees, and transferees of any such

15  person or agent.

16         (5)  "Classification" means the method by which a

17  business or group of businesses is identified by size or type,

18  or both.

19         (6)  "Business," "profession," and "occupation" do not

20  include the customary religious, charitable, or educational

21  activities of nonprofit religious, nonprofit charitable, and

22  nonprofit educational institutions in this state, which

23  institutions are more particularly defined and limited as

24  follows:

25         (a)  "Religious institutions" means churches and

26  ecclesiastical or denominational organizations or established

27  physical places for worship in this state at which nonprofit

28  religious services and activities are regularly conducted and

29  carried on, and also means church cemeteries.

30         (b)  "Educational institutions" means state

31  tax-supported or parochial, church and nonprofit private

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 1  schools, colleges, or universities conducting regular classes

 2  and courses of study required for accreditation by or

 3  membership in the Southern Association of Colleges and

 4  Schools, the Department of Education, or the Florida Council

 5  of Independent Schools. Nonprofit libraries, art galleries,

 6  and museums open to the public are defined as educational

 7  institutions and eligible for exemption.

 8         (c)  "Charitable institutions" means only nonprofit

 9  corporations operating physical facilities in this state at

10  which are provided charitable services, a reasonable

11  percentage of which are without cost to those unable to pay.

12         (7)  "Enterprise zone" means an area designated as an

13  enterprise zone pursuant to s. 290.0065. This subsection

14  expires on the date specified in s. 290.016 for the expiration

15  of the Florida Enterprise Zone Act.

16         (8)  "Certificate" means the document that is issued by

17  the local governing authority which evidences that the person

18  in whose name the document is issued has complied with the

19  provisions of this chapter relating to the business tax.

20         Section 3.  Section 205.023, Florida Statutes, is

21  amended to read:

22         205.023  Requirement to report status of fictitious

23  name registration.--As a prerequisite to receiving a local

24  business tax certificate occupational license under this

25  chapter or transferring a business license under s. 205.033(2)

26  or s. 205.043(2), the applicant or new owner must present to

27  the county or municipality that has jurisdiction to issue or

28  transfer the certificate license either:

29         (1)  A copy of the applicant's or new owner's current

30  fictitious name registration, issued by the Division of

31  Corporations of the Department of State; or

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 1         (2)  A written statement, signed by the applicant or

 2  new owner, which sets forth the reason that the applicant or

 3  new owner need not comply with the Fictitious Name Act.

 4         Section 4.  Section 205.0315, Florida Statutes, is

 5  amended to read:

 6         205.0315  Ordinance adoption after October 1,

 7  1995.--Beginning October 1, 1995, a county or municipality

 8  that has not adopted a business an occupational license tax

 9  ordinance or resolution may adopt a business an occupational

10  license tax ordinance.  The business occupational license tax

11  rate structure and classifications in the adopted ordinance

12  must be reasonable and based upon the rate structure and

13  classifications prescribed in ordinances adopted by adjacent

14  local governments that have implemented s. 205.0535.  If no

15  adjacent local government has implemented s. 205.0535, or if

16  the governing body of the county or municipality finds that

17  the rate structures or classifications of adjacent local

18  governments are unreasonable, the rate structure or

19  classifications prescribed in its ordinance may be based upon

20  those prescribed in ordinances adopted by local governments

21  that have implemented s. 205.0535 in counties or

22  municipalities that have a comparable population.

23         Section 5.  Section 205.032, Florida Statutes, is

24  amended to read:

25         205.032  Levy; counties.--The governing body of a

26  county may levy, by appropriate resolution or ordinance, a

27  business an occupational license tax for the privilege of

28  engaging in or managing any business, profession, or

29  occupation within its jurisdiction.  However, the governing

30  body must first give at least 14 days' public notice between

31  the first and last reading of the resolution or ordinance by

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 1  publishing a notice in a newspaper of general circulation

 2  within its jurisdiction as defined by law. The public notice

 3  must contain the proposed classifications and rates applicable

 4  to the occupational license tax.

 5         Section 6.  Section 205.033, Florida Statutes, is

 6  amended to read:

 7         205.033  Conditions for levy; counties.--

 8         (1)  The following conditions are imposed on the

 9  authority of a county governing body to levy a business an

10  occupational license tax:

11         (a)  The tax must be based upon reasonable

12  classifications and must be uniform throughout any class.

13         (b)  Unless the county implements s. 205.0535 or adopts

14  a new business occupational license tax ordinance under s.

15  205.0315, a business an occupational license tax levied under

16  this subsection may not exceed the rate provided by this

17  chapter in effect for the year beginning October 1, 1971;

18  however, beginning October 1, 1980, the county governing body

19  may increase business occupational license taxes authorized by

20  this chapter.  The amount of the increase above the license

21  tax rate levied on October 1, 1971, for license taxes levied

22  at a flat rate may be up to 100 percent for business

23  occupational license taxes that are $100 or less; 50 percent

24  for business occupational license taxes that are between $101

25  and $300; and 25 percent for business occupational license

26  taxes that are more than $300. Beginning October 1, 1982, the

27  increase may not exceed 25 percent for license taxes levied at

28  graduated or per unit rates.  Authority to increase business

29  occupational license taxes does not apply to licenses or

30  certificates granted to any utility franchised by the county

31  for which a franchise fee is paid.

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 1         (c)  A certificate license is not valid for more than 1

 2  year, and all certificates licenses expire on September 30 of

 3  each year, except as otherwise provided by law.

 4         (2)  Any certificate business license may be

 5  transferred to a new owner, when there is a bona fide sale of

 6  the business, upon payment of a transfer fee of up to 10

 7  percent of the annual business license tax, but not less than

 8  $3 nor more than $25, and presentation of the original

 9  certificate license and evidence of the sale.

10         (3)  Upon written request and presentation of the

11  original certificate license, any certificate license may be

12  transferred from one location to another location in the same

13  county upon payment of a transfer fee of up to 10 percent of

14  the annual business license tax, but not less than $3 nor more

15  than $25.

16         (4)  The revenues derived from the business

17  occupational license tax, exclusive of the costs of collection

18  and any credit given for municipal business license taxes,

19  shall be apportioned between the unincorporated area of the

20  county and the incorporated municipalities located therein by

21  a ratio derived by dividing their respective populations by

22  the population of the county. This subsection does not apply

23  to counties that have established a new rate structure under

24  s. 205.0535.

25         (5)  The revenues so apportioned shall be sent to the

26  governing authority of each municipality, according to its

27  ratio, and to the governing authority of the county, according

28  to the ratio of the unincorporated area, within 15 days

29  following the month of receipt.  This subsection does not

30  apply to counties that have established a new rate structure

31  under s. 205.0535.

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 1         (6)(a)  Each county, as defined in s. 125.011(1), or

 2  any county adjacent thereto may levy and collect, by an

 3  ordinance enacted by the governing body of the county, an

 4  additional business occupational license tax up to 50 percent

 5  of the appropriate business license tax imposed under

 6  subsection (1).

 7         (b)  Subsections (4) and (5) do not apply to any

 8  revenues derived from the additional tax imposed under this

 9  subsection. Proceeds from the additional business license tax

10  must be placed in a separate interest-earning account, and the

11  governing body of the county shall distribute this revenue,

12  plus accrued interest, each fiscal year to an organization or

13  agency designated by the governing body of the county to

14  oversee and implement a comprehensive economic development

15  strategy through advertising, promotional activities, and

16  other sales and marketing techniques.

17         (c)  An ordinance that levies an additional business

18  occupational license tax under this subsection may not be

19  adopted after January 1, 1995.

20         (7)  Notwithstanding any other provisions of this

21  chapter, the revenue received from a county business

22  occupational license tax may be used for overseeing and

23  implementing a comprehensive economic development strategy

24  through advertising, promotional activities, and other sales

25  and marketing techniques.

26         Section 7.  Section 205.042, Florida Statutes, is

27  amended to read:

28         205.042  Levy; municipalities.--The governing body of

29  an incorporated municipality may levy, by appropriate

30  resolution or ordinance, a business an occupational license

31  tax for the privilege of engaging in or managing any business,

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 1  profession, or occupation within its jurisdiction. However,

 2  the governing body must first give at least 14 days' public

 3  notice between the first and last reading of the resolution or

 4  ordinance by publishing the notice in a newspaper of general

 5  circulation within its jurisdiction as defined by law.  The

 6  notice must contain the proposed classifications and rates

 7  applicable to the business occupational license tax.  The

 8  business occupational license tax may be levied on:

 9         (1)  Any person who maintains a permanent business

10  location or branch office within the municipality, for the

11  privilege of engaging in or managing any business within its

12  jurisdiction.

13         (2)  Any person who maintains a permanent business

14  location or branch office within the municipality, for the

15  privilege of engaging in or managing any profession or

16  occupation within its jurisdiction.

17         (3)  Any person who does not qualify under subsection

18  (1) or subsection (2) and who transacts any business or

19  engages in any occupation or profession in interstate

20  commerce, if the license tax is not prohibited by s. 8, Art. I

21  of the United States Constitution.

22         Section 8.  Section 205.043, Florida Statutes, is

23  amended to read:

24         205.043  Conditions for levy; municipalities.--

25         (1)  The following conditions are imposed on the

26  authority of a municipal governing body to levy a business an

27  occupational license tax:

28         (a)  The tax must be based upon reasonable

29  classifications and must be uniform throughout any class.

30         (b)  Unless the municipality implements s. 205.0535 or

31  adopts a new business occupational license tax ordinance under

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 1  s. 205.0315, a business an occupational license tax levied

 2  under this subsection may not exceed the rate in effect in the

 3  municipality for the year beginning October 1, 1971; however,

 4  beginning October 1, 1980, the municipal governing body may

 5  increase business occupational license taxes authorized by

 6  this chapter.  The amount of the increase above the license

 7  tax rate levied on October 1, 1971, for license taxes levied

 8  at a flat rate may be up to 100 percent for business

 9  occupational license taxes that are $100 or less; 50 percent

10  for business occupational license taxes that are between $101

11  and $300; and 25 percent for business occupational license

12  taxes that are more than $300.  Beginning October 1, 1982, an

13  increase may not exceed 25 percent for license taxes levied at

14  graduated or per unit rates.  Authority to increase business

15  occupational license taxes does not apply to certificates or

16  licenses granted to any utility franchised by the municipality

17  for which a franchise fee is paid.

18         (c)  A certificate license is not valid for more than 1

19  year and all certificates licenses expire on September 30 of

20  each year, except as otherwise provided by law.

21         (2)  Any business certificate license may be

22  transferred to a new owner, when there is a bona fide sale of

23  the business, upon payment of a transfer fee of up to 10

24  percent of the annual license tax, but not less than $3 nor

25  more than $25, and presentation of the original certificate

26  license and evidence of the sale.

27         (3)  Upon written request and presentation of the

28  original certificate license, any certificate license may be

29  transferred from one location to another location in the same

30  municipality upon payment of a transfer fee of up to 10

31  

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 1  percent of the annual license tax, but not less than $3 nor

 2  more than $25.

 3         (4)  If the governing body of the county in which the

 4  municipality is located has levied a business an occupational

 5  license tax or subsequently levies such a tax, the collector

 6  of the county tax may issue the certificate license and

 7  collect the tax thereon.

 8         Section 9.  Section 205.045, Florida Statutes, is

 9  amended to read:

10         205.045  Transfer of administrative duties.--The

11  governing body of a municipality that levies a business an

12  occupational license tax may request that the county in which

13  the municipality is located issue the municipal certificate

14  license and collect the tax thereon.  The governing body of a

15  county that levies a business an occupational license tax may

16  request that municipalities within the county issue the county

17  certificate license and collect the tax thereon. Before any

18  local government may issue certificates occupational licenses

19  on behalf of another local government, appropriate agreements

20  must be entered into by the affected local governments.

21         Section 10.  Section 205.053, Florida Statutes, is

22  amended to read:

23         205.053  Business tax certificates Occupational

24  licenses; dates due and delinquent; penalties.--

25         (1)  All business tax certificates licenses shall be

26  sold by the appropriate tax collector beginning August 1 of

27  each year, are due and payable on or before September 30 of

28  each year, and expire on September 30 of the succeeding year.

29  If September 30 falls on a weekend or holiday, the tax is due

30  and payable on or before the first working day following

31  September 30.  Provisions for partial certificates licenses

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 1  may be made in the resolution or ordinance authorizing such

 2  certificates licenses. Certificates Licenses that are not

 3  renewed when due and payable are delinquent and subject to a

 4  delinquency penalty of 10 percent for the month of October,

 5  plus an additional 5 percent penalty for each subsequent month

 6  of delinquency until paid.  However, the total delinquency

 7  penalty may not exceed 25 percent of the business occupational

 8  license tax for the delinquent establishment.

 9         (2)  Any person who engages in or manages any business,

10  occupation, or profession without first obtaining a local

11  certificate occupational license, if required, is subject to a

12  penalty of 25 percent of the tax license due, in addition to

13  any other penalty provided by law or ordinance.

14         (3)  Any person who engages in any business,

15  occupation, or profession covered by this chapter, who does

16  not pay the required business occupational license tax within

17  150 days after the initial notice of tax due, and who does not

18  obtain the required certificate occupational license is

19  subject to civil actions and penalties, including court costs,

20  reasonable attorneys' fees, additional administrative costs

21  incurred as a result of collection efforts, and a penalty of

22  up to $250.

23         Section 11.  Section 205.0532, Florida Statutes, is

24  amended to read:

25         205.0532  Revocation or refusal to renew; doing

26  business with Cuba.--Any local governing authority issuing a

27  business tax certificate an occupational license to any

28  individual, business, or entity under this chapter may revoke

29  or refuse to renew such certificate license if the individual,

30  business, or entity, or parent company of such individual,

31  business, or entity, is doing business with Cuba.

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 1         Section 12.  Section 205.0535, Florida Statutes, is

 2  amended to read:

 3         205.0535  Reclassification and rate structure

 4  revisions.--

 5         (1)  By October 1, 1995, any municipality or county

 6  may, by ordinance, reclassify businesses, professions, and

 7  occupations and may establish new rate structures, if the

 8  conditions specified in subsections (2) and (3) are met.  A

 9  person who is engaged in the business of providing local

10  exchange telephone service or a pay telephone service in a

11  municipality or in the unincorporated area of a county and who

12  pays the business occupational license tax under the category

13  designated for telephone companies or a pay telephone service

14  provider certified pursuant to s. 364.3375 is deemed to have

15  but one place of business or business location in each

16  municipality or unincorporated area of a county. Pay telephone

17  service providers may not be assessed a business an

18  occupational license tax on a per-instrument basis.

19         (2)  Before adopting a reclassification and revision

20  ordinance, the municipality or county must establish an equity

21  study commission and appoint its members.  Each member of the

22  study commission must be a representative of the business

23  community within the local government's jurisdiction.  Each

24  equity study commission shall recommend to the appropriate

25  local government a classification system and rate structure

26  for business local occupational license taxes.

27         (3)(a)  After the reclassification and rate structure

28  revisions have been transmitted to and considered by the

29  appropriate local governing body, it may adopt by majority

30  vote a new business occupational license tax ordinance.

31  Except that a minimum license tax of up to $25 is permitted,

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 1  the reclassification may shall not increase the occupational

 2  license tax by more than the following:  for certificates

 3  licenses costing $150 or less, 200 percent; for certificates

 4  licenses costing more than $150 but not more than $500, 100

 5  percent; for certificates licenses costing more than $500 but

 6  not more than $2,500, 75 percent; for certificates licenses

 7  costing more than $2,500 but not more than $10,000, 50

 8  percent; and for certificates licenses costing more than

 9  $10,000, 10 percent; however, in no case may the tax on any

10  certificate license be increased more than $5,000.

11         (b)  The total annual revenue generated by the new rate

12  structure for the fiscal year following the fiscal year during

13  which the rate structure is adopted may not exceed:

14         1.  For municipalities, the sum of the revenue base and

15  10 percent of that revenue base.  The revenue base is the sum

16  of the business occupational license tax revenue generated by

17  certificates licenses issued for the most recently completed

18  local fiscal year or the amount of revenue that would have

19  been generated from the authorized increases under s.

20  205.043(1)(b), whichever is greater, plus any revenue received

21  from the county under s. 205.033(4).

22         2.  For counties, the sum of the revenue base, 10

23  percent of that revenue base, and the amount of revenue

24  distributed by the county to the municipalities under s.

25  205.033(4) during the most recently completed local fiscal

26  year. The revenue base is the business occupational license

27  tax revenue generated by certificates licenses issued for the

28  most recently completed local fiscal year or the amount of

29  revenue that would have been generated from the authorized

30  increases under s. 205.033(1)(b), whichever is greater, but

31  

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 1  may not include any revenues distributed to municipalities

 2  under s. 205.033(4).

 3         (c)  In addition to the revenue increases authorized by

 4  paragraph (b), revenue increases attributed to the increases

 5  in the number of certificates licenses issued are authorized.

 6         (4)  After the conditions specified in subsections (2)

 7  and (3) are met, municipalities and counties may, every other

 8  year thereafter, increase by ordinance the rates of business

 9  local occupational license taxes by up to 5 percent. The

10  increase, however, may not be enacted by less than a majority

11  plus one vote of the governing body.

12         (5)  A certificate may not No license shall be issued

13  unless the federal employer identification number or social

14  security number is obtained from the person to be taxed

15  licensed.

16         Section 13.  Section 205.0536, Florida Statutes, is

17  amended to read:

18         205.0536  Distribution of county revenues.--A county

19  that establishes a new rate structure under s. 205.0535 shall

20  retain all business occupational license tax revenues

21  collected from businesses, professions, or occupations whose

22  places of business are located within the unincorporated

23  portions of the county.  Any business occupational license tax

24  revenues collected by a county that establishes a new rate

25  structure under s. 205.0535 from businesses, professions, or

26  occupations whose places of business are located within a

27  municipality, exclusive of the costs of collection, must be

28  apportioned between the unincorporated area of the county and

29  the incorporated municipalities located therein by a ratio

30  derived by dividing their respective populations by the

31  population of the county.  As used in this section, the term

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 1  "population" means the latest official state estimate of

 2  population certified under s. 186.901. The revenues so

 3  apportioned shall be sent to the governing authority of each

 4  municipality, according to its ratio, and to the governing

 5  authority of the county, according to the ratio of the

 6  unincorporated area, within 15 days after the month of

 7  receipt.

 8         Section 14.  Section 205.0537, Florida Statutes, is

 9  amended to read:

10         205.0537  Vending and amusement machines.--The business

11  premises where a coin-operated or token-operated vending

12  machine that dispenses products, merchandise, or services or

13  where an amusement or game machine is operated must assure

14  that any required municipal or county business tax certificate

15  occupational license for the machine is secured.  The term

16  "vending machine" does not include coin-operated telephone

17  sets owned by persons who are in the business of providing

18  local exchange telephone service and who pay the business tax

19  occupational license under the category designated for

20  telephone companies in the municipality or county or a pay

21  telephone service provider certified pursuant to s. 364.3375.

22  The business license tax for vending and amusement machines

23  must be assessed based on the highest number of machines

24  located on the business premises on any single day during the

25  previous licensing year or, in the case of new businesses, be

26  based on an estimate for the current year.  Replacement of one

27  vending machine with another machine during a certification

28  licensing year does not affect the tax assessment for that

29  year, unless the replacement machine belongs to a business an

30  occupational license tax classification that requires a higher

31  tax rate.  For the first year in which a municipality or

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 1  county assesses a business an occupational license tax on

 2  vending machines, each business owning machines located in the

 3  municipality or county must notify the municipality or county,

 4  upon request, of the location of such machines.  Each business

 5  owning machines must provide notice of the provisions of this

 6  section to each affected business premises where the machines

 7  are located. The business premises must secure the certificate

 8  license if it is not otherwise secured.

 9         Section 15.  Section 205.054, Florida Statutes, is

10  amended to read:

11         205.054  Business Occupational license tax; partial

12  exemption for engaging in business or occupation in enterprise

13  zone.--

14         (1)  Notwithstanding the provisions of s. 205.033(1)(a)

15  or s. 205.043(1)(a), the governing body of a county or

16  municipality may authorize by appropriate resolution or

17  ordinance, adopted pursuant to the procedure established in s.

18  205.032 or s. 205.042, the exemption of 50 percent of the

19  business occupational license tax levied for the privilege of

20  engaging in or managing any business, profession, or

21  occupation in the respective jurisdiction of the county or

22  municipality when such privilege is exercised at a permanent

23  business location or branch office located in an enterprise

24  zone.

25         (2)  Such exemption applies to each classification for

26  which a business tax certificate an occupational license is

27  required in the jurisdiction. Classifications shall be the

28  same in an enterprise zone as elsewhere in the jurisdiction.

29  Each county or municipal business tax certificate occupational

30  license issued with the exemption authorized in this section

31  shall be in the same general form as the other county or

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 1  municipal business tax certificates occupational licenses and

 2  shall expire at the same time as those other certificates

 3  licenses expire as fixed by law.  Any certificate license

 4  issued with the exemption authorized in this section is

 5  nontransferable. The exemption authorized in this section does

 6  not apply to any penalty authorized in s. 205.053.

 7         (3)  Each tax collecting authority of a county or

 8  municipality which provides the exemption authorized in this

 9  section shall issue to each person who may be entitled to the

10  exemption a certificate license pursuant to the provisions

11  contained in this section.  Before a certificate license with

12  such exemption is issued to an applicant, the tax collecting

13  authority must, in each case, be provided proof that the

14  applicant is entitled to such exemption. Such proof shall be

15  made by means of a statement filed under oath with the tax

16  collecting authority, which statement indicates that the

17  permanent business location or branch office of the applicant

18  is located in an enterprise zone of a jurisdiction which has

19  authorized the exemption permitted in this section.

20         (4)  Any certificate license obtained with the

21  exemption authorized in this subsection by the commission of

22  fraud upon the issuing authority is shall be deemed null and

23  void.  Any person who has fraudulently obtained such exemption

24  and thereafter engages, under color of the certificate

25  license, in any business, profession, or occupation requiring

26  the certificate license is subject to prosecution for engaging

27  in a business, profession, or occupation without having the

28  required certificate license under the laws of the state.

29         (5)  If In the event an area nominated as an enterprise

30  zone pursuant to s. 290.0055 has not yet been designated

31  pursuant to s. 290.0065, the governing body of a county or

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 1  municipality may enact the appropriate ordinance or resolution

 2  authorizing the exemption permitted in this section; however,

 3  such ordinance or resolution will not be effective until such

 4  area is designated pursuant to s. 290.0065.

 5         (6)  This section expires on the date specified in s.

 6  290.016 for the expiration of the Florida Enterprise Zone Act;

 7  and a certificate may not no license shall be issued with the

 8  exemption authorized in this section for any period beginning

 9  on or after that date.

10         Section 16.  Section 205.063, Florida Statutes, is

11  amended to read:

12         205.063  Exemptions; motor vehicles.--Vehicles used by

13  any person certified licensed under this chapter for the sale

14  and delivery of tangible personal property at either wholesale

15  or retail from his or her place of business on which a

16  business tax license is paid may shall not be construed to be

17  separate places of business, and a business tax no license may

18  not be levied on such vehicles or the operators thereof as

19  salespersons or otherwise by a county or incorporated

20  municipality, any other law to the contrary notwithstanding.

21         Section 17.  Section 205.064, Florida Statutes, is

22  amended to read:

23         205.064  Farm, aquacultural, grove, horticultural,

24  floricultural, tropical piscicultural, and tropical fish farm

25  products; certain exemptions.--

26         (1)  A No local business tax certificate is not

27  occupational license shall be required of any natural person

28  for the privilege of engaging in the selling of farm,

29  aquacultural, grove, horticultural, floricultural, tropical

30  piscicultural, or tropical fish farm products, or products

31  manufactured therefrom, except intoxicating liquors, wine, or

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 1  beer, when such products were grown or produced by such

 2  natural person in the state.

 3         (2)  A wholesale farmers' produce market may shall have

 4  the right to pay a tax of not more than $200 for a certificate

 5  license that will entitle the market's stall tenants to engage

 6  in the selling of agricultural and horticultural products

 7  therein, in lieu of such tenants being required to obtain

 8  individual local certificates occupational licenses to so

 9  engage.

10         Section 18.  Section 205.065, Florida Statutes, is

11  amended to read:

12         205.065  Exemption; nonresident persons regulated by

13  the Department of Business and Professional Regulation.--If

14  any person engaging in or managing a business, profession, or

15  occupation regulated by the Department of Business and

16  Professional Regulation has paid a business an occupational

17  license tax for the current year to the county or municipality

18  in the state where the person's permanent business location or

19  branch office is maintained, no other local governing

20  authority may levy a business an occupational license tax, or

21  any registration or regulatory fee equivalent to the business

22  occupational license tax, on the person for performing work or

23  services on a temporary or transitory basis in another

24  municipality or county. In no event shall any Work or services

25  performed in a place other than the county or municipality

26  where the permanent business location or branch office is

27  maintained may not be construed as creating a separate

28  business location or branch office of that person for the

29  purposes of this chapter. Any properly licensed contractor

30  asserting an exemption under this section who is unlawfully

31  required by the local governing authority to pay a business an

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 1  occupational license tax, or any registration or regulatory

 2  fee equivalent to a business the occupational license tax, has

 3  shall have standing to challenge the propriety of the local

 4  government's actions, and the prevailing party in such a

 5  challenge is entitled to recover a reasonable attorney's fee.

 6         Section 19.  Section 205.162, Florida Statutes, is

 7  amended to read:

 8         205.162  Exemption allowed certain disabled persons,

 9  the aged, and widows with minor dependents.--

10         (1)  All disabled persons physically incapable of

11  manual labor, widows with minor dependents, and persons 65

12  years of age or older, with not more than one employee or

13  helper, and who use their own capital only, not in excess of

14  $1,000, may shall be allowed to engage in any business or

15  occupation in counties in which they live without being

16  required to pay for a business tax certificate license.  The

17  exemption provided by this section shall be allowed only upon

18  the certificate of the county physician, or other reputable

19  physician, that the applicant claiming the exemption is

20  disabled, the nature and extent of the disability being

21  specified therein, and in case the exemption is claimed by a

22  widow with minor dependents, or a person over 65 years of age,

23  proof of the right to the exemption shall be made. Any person

24  entitled to the exemption provided by this section shall, upon

25  application and furnishing of the necessary proof as

26  aforesaid, be issued a certificate license which shall have

27  plainly stamped or written across the face thereof the fact

28  that it is issued under this section, and the reason for the

29  exemption shall be written thereon.

30         (2)  Neither In no event under this nor or any other

31  law exempts shall any person, veteran or otherwise, be allowed

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 1  any exemption whatsoever from the payment of any amount

 2  required by law for the issuance of a license to sell

 3  intoxicating liquors or malt and vinous beverages.

 4         Section 20.  Section 205.171, Florida Statutes, is

 5  amended to read:

 6         205.171  Exemptions allowed disabled veterans of any

 7  war or their unremarried spouses.--

 8         (1)  Any bona fide, permanent resident elector of the

 9  state who served as an officer or enlisted person during any

10  of the periods specified in s. 1.01(14) in the Armed Forces of

11  the United States, National Guard, or United States Coast

12  Guard or Coast Guard Reserve, or any temporary member thereof,

13  who has actually been, or may hereafter be, reassigned by the

14  air force, army, navy, coast guard, or marines to active duty

15  during any war, declared or undeclared, armed conflicts,

16  crises, etc., who was honorably discharged from the service of

17  the United States, and who at the time of his or her

18  application for a business tax certificate is license as

19  hereinafter mentioned shall be disabled from performing manual

20  labor shall, upon sufficient identification, proof of being a

21  permanent resident elector in the state, and production of an

22  honorable discharge from the service of the United States:

23         (a)  Be granted a certificate license to engage in any

24  business or occupation in the state which may be carried on

25  mainly through the personal efforts of the certificateholder

26  licensee as a means of livelihood and for which the state

27  license or, county, or municipal certificate license does not

28  exceed the sum of $50 for each without payment of any business

29  license tax otherwise provided for by law; or

30         (b)  Be entitled to an exemption to the extent of $50

31  on any certificate license to engage in any business or

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 1  occupation in the state which may be carried on mainly through

 2  the personal efforts of the certificateholder licensee as a

 3  means of livelihood when the state license or, county, or

 4  municipal certificate license for such business or occupation

 5  is shall be more than $50.  The exemption heretofore referred

 6  to shall extend to and include the right of the

 7  certificateholder licensee to operate an automobile-for-hire

 8  of not exceeding five-passenger capacity, including the

 9  driver, when it shall be made to appear that such automobile

10  is bona fide owned or contracted to be purchased by the

11  certificateholder licensee and is being operated by him or her

12  as a means of livelihood and that the proper business license

13  tax for the operation of such motor vehicle for private use

14  has been applied for and attached to the said motor vehicle

15  and the proper fees therefor paid by the certificateholder

16  licensee.

17         (2)  When any such person applies shall apply for a

18  certificate license to conduct any business or occupation for

19  which either the county or municipal business license tax

20  exceeds as fixed by law shall exceed the sum of $50, the

21  remainder of such license tax in excess of $50 shall be paid

22  in cash.

23         (3)  Each and every tax collecting authority of this

24  state and of each county thereof and each municipality therein

25  shall issue to such persons as may be entitled hereunder a

26  certificate license pursuant to the foregoing provision and

27  subject to the conditions thereof.  Such certificate license

28  when issued shall be marked across the face thereof "Veterans

29  Exempt License"--"Not Transferable." Before issuing the

30  certificate same, proof shall be duly made in each case that

31  the applicant is entitled under the conditions of this law to

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 1  receive the exemption herein provided for. The proof may be

 2  made by establishing to the satisfaction of such tax

 3  collecting authority by means of certificate of honorable

 4  discharge or certified copy thereof that the applicant is a

 5  veteran within the purview of this section and by exhibiting:

 6         (a)  A certificate of government-rated disability to an

 7  extent of 10 percent or more;

 8         (b)  The affidavit or testimony of a reputable

 9  physician who personally knows the applicant and who makes

10  oath that the applicant is disabled from performing manual

11  labor as a means of livelihood;

12         (c)  The certificate of the veteran's service officer

13  of the county in which applicant lives, duly executed under

14  the hand and seal of the chief officer and secretary thereof,

15  attesting the fact that the applicant is disabled and entitled

16  to receive a certificate license within the meaning and intent

17  of this section;

18         (d)  A pension certificate issued to him or her by the

19  United States by reason of such disability; or

20         (e)  Such other reasonable proof as may be required by

21  the tax collecting authority to establish the fact that such

22  applicant is so disabled.

23  

24  All certificates licenses issued under this section shall be

25  in the same general form as other state, county, and municipal

26  licenses and shall expire at the same time as such other

27  licenses are fixed by law to expire.

28         (4)  Certificates All licenses obtained under the

29  provisions of this section by the commission of fraud upon any

30  issuing authority are shall be deemed null and void.  Any

31  person who has fraudulently obtained a certificate any such

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 1  license, or who has fraudulently received any transfer of a

 2  certificate license issued to another, and has thereafter

 3  engaged in any business or occupation requiring a certificate

 4  license under color thereof is shall be subject to prosecution

 5  as for engaging in a business or occupation without having the

 6  required certificate license under the laws of the state. Such

 7  certificate may license shall not be issued in any county

 8  other than the county where the wherein said veteran is a bona

 9  fide resident citizen elector, unless such veteran produces

10  applying therefor shall produce to the tax collecting

11  authority in such county a certificate of the tax collector of

12  his or her home county to the effect that no exemption from

13  certification license has been granted to such veteran in his

14  or her home county under the authority of this section.

15         (5)  Neither In no event, under this nor or any other

16  law exempts, shall any person, veteran or otherwise, be

17  allowed any exemption whatsoever from the payment of any

18  amount required by law for the issuance of a license to sell

19  intoxicating liquors or malt and vinous beverages.

20         (6)  The unremarried spouse of a the deceased disabled

21  veteran of any war in which the United States Armed Forces

22  participated is will be entitled to the same exemptions as the

23  disabled veteran.

24         Section 21.  Section 205.191, Florida Statutes, is

25  amended to read:

26         205.191  Religious tenets; exemption.--Nothing in This

27  chapter does not shall be construed to require a business tax

28  certificate license for practicing the religious tenets of any

29  church.

30         Section 22.  Section 205.192, Florida Statutes, is

31  amended to read:

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 1         205.192  Charitable, etc., organizations; occasional

 2  sales, fundraising; exemption.--A business tax certificate is

 3  not No occupational license shall be required of any

 4  charitable, religious, fraternal, youth, civic, service, or

 5  other similar such organization that when the organization

 6  makes occasional sales or engages in fundraising projects that

 7  when the projects are performed exclusively by the members,

 8  thereof and when the proceeds derived from the activities are

 9  used exclusively in the charitable, religious, fraternal,

10  youth, civic, and service activities of the organization.

11         Section 23.  Section 205.193, Florida Statutes, is

12  amended to read:

13         205.193  Mobile home setup operations; local business

14  tax certificate license prohibited; exception.--A No county,

15  municipality, or other unit of local government may not

16  require a duly licensed mobile home dealer or a duly licensed

17  mobile home manufacturer, or an employee of a such dealer or

18  manufacturer, who performs setup operations as defined in s.

19  320.822 to be a certificateholder licensed to engage in such

20  operations. However, such dealer or manufacturer must shall be

21  required to obtain a local certificate occupational license

22  for his or her permanent business location or branch office,

23  which certificate license shall not require for its issuance

24  any conditions other than those required by chapter 320.

25         Section 24.  Section 205.194, Florida Statutes, is

26  amended to read:

27         205.194  Prohibition of local business tax certificate

28  occupational licensure without exhibition of state license or

29  registration.--

30         (1)  Any person applying for or renewing a local

31  business tax certificate occupational license for the

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 1  licensing period beginning October 1, 1985, to practice any

 2  profession regulated by the Department of Business and

 3  Professional Regulation, or any board or commission thereof,

 4  must exhibit an active state certificate, registration, or

 5  license, or proof of copy of the same, before such local

 6  certificate occupational license may be issued. Thereafter,

 7  only persons applying for the first time for a certificate

 8  local occupational license must exhibit such certification,

 9  registration, or license.

10         (2)  The Department of Business and Professional

11  Regulation shall, by August 1 of each year, supply to the

12  local official who issues local certificates occupational

13  licenses a current list of professions it regulates and

14  information regarding those persons for whom certificates

15  local occupational licenses should not be renewed due to the

16  suspension, revocation, or inactivation of such person's state

17  license, certificate, or registration. The official who issues

18  local certificates occupational licenses shall not renew such

19  license unless such person can exhibit an active state

20  certificate, registration, or license.

21         (3)  This section shall not apply to s. 489.113, s.

22  489.117, s. 489.119, s. 489.131, s. 489.511, s. 489.513, s.

23  489.521, or s. 489.537.

24         Section 25.  Section 205.196, Florida Statutes, is

25  amended to read:

26         205.196  Pharmacies and pharmacists.--A No state,

27  county, or municipal licensing agency may not shall issue a

28  business tax certificate an occupational license to operate a

29  pharmacy unless the applicant produces shall first exhibit a

30  current permit issued by the Board of Pharmacy; however, no

31  

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 1  such certificate is occupational license shall be required in

 2  order to practice the profession of pharmacy.

 3         Section 26.  Section 205.1965, Florida Statutes, is

 4  amended to read:

 5         205.1965  Assisted living facilities.--A county or

 6  municipality may not issue a business tax certificate an

 7  occupational license for the operation of an assisted living

 8  facility pursuant to part III of chapter 400 without first

 9  ascertaining that the applicant has been licensed by the

10  Agency for Health Care Administration to operate such facility

11  at the specified location or locations.  The Agency for Health

12  Care Administration shall furnish to local agencies

13  responsible for issuing certificates occupational licenses

14  sufficient instructions for making the above required

15  determinations.

16         Section 27.  Section 205.1967, Florida Statutes, is

17  amended to read:

18         205.1967  Prerequisite for issuance of pest control

19  business tax certificate occupational license.--A municipality

20  or county may not issue a business tax certificate an

21  occupational license to any pest control business regulated

22  coming under chapter 482, unless a current license has been

23  procured from the Department of Agriculture and Consumer

24  Services for each of its business locations in that

25  municipality or county.  Upon presentation of the requisite

26  licenses from the department and the required fee, a business

27  tax certificate an occupational license shall be issued by the

28  municipality or county in which application is made.

29         Section 28.  Section 205.1969, Florida Statutes, is

30  amended to read:

31  

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 1         205.1969  Health studios; consumer protection.--A No

 2  county or municipality may not shall issue or renew a business

 3  tax certificate an occupational license for the operation of a

 4  health studio pursuant to ss. 501.012-501.019 or ballroom

 5  dance studio pursuant to s. 501.143, unless such business

 6  exhibits a current license, registration, or letter of

 7  exemption from the Department of Agriculture and Consumer

 8  Services.

 9         Section 29.  Section 205.1971, Florida Statutes, is

10  amended to read:

11         205.1971  Sellers of travel; consumer protection.--A No

12  county or municipality may not shall issue or renew a business

13  tax certificate an occupational license to engage in business

14  as a seller of travel pursuant to part XI of chapter 559

15  unless such business exhibits a current registration or letter

16  of exemption from the Department of Agriculture and Consumer

17  Services.

18         Section 30.  Section 205.1973, Florida Statutes, is

19  amended to read:

20         205.1973  Telemarketing businesses; consumer

21  protection.--A county or municipality may not issue or renew a

22  business tax certificate an occupational license for the

23  operation of a telemarketing business under ss. 501.604 and

24  501.608, unless such business exhibits a current license or

25  registration from the Department of Agriculture and Consumer

26  Services or a current affidavit of exemption.

27         Section 31.  This acts shall take effect July 1, 2006.

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises ch. 205, F.S., relating to local occupational
      license taxes. Changes the term "local occupational
 4    license tax" to "business tax." Conforms references in
      the chapter. Defines the term "certificate" to refer to
 5    the former "occupational license" and conforms references
      in the chapter. (See Bill for details.)
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