1 | Representative Greenstein offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 231 and 232, insert: |
5 | Section 9. Section 403.1839, Florida Statutes, is created |
6 | to read: |
7 | 403.1839 Toilet paper use fee.-- |
8 | (1) As used in this section, the term: |
9 | (a) "Consumer" means a person who purchases toilet tissue |
10 | for use with no intent to resell. |
11 | (b) "Dealer" means a person who sells toilet tissue to a |
12 | consumer. |
13 | (c) "Department" means the Department of Environmental |
14 | Protection. |
15 | (2) Beginning October 1, 2006, a fee of 2 cents per roll |
16 | shall be imposed on toilet paper sold in this state. The fee |
17 | shall be collected by dealers and remitted monthly to the |
18 | Department of Revenue. |
19 | (3) All fees collected shall be state funds at the moment |
20 | of collection. A person who, with intent to unlawfully deprive |
21 | or defraud the state of its moneys or the use or benefit |
22 | thereof, fails to remit fees collected pursuant to this section |
23 | commits theft of state funds, punishable to the same extent |
24 | provided in s. 212.15(2). |
25 | (4) The proceeds of the fee shall be distributed in |
26 | accordance with this section. For the purpose of this section, |
27 | the proceeds of the fee include all funds received by the |
28 | Department of Revenue under this section, including interest and |
29 | penalties on delinquent fees. The Department of Revenue shall |
30 | determine the amount that must be reserved for its |
31 | administrative costs. |
32 | (5) The Department of Revenue shall administer, collect, |
33 | enforce, and audit the fee authorized under this section and, |
34 | for such purpose, has the same authority that is provided for |
35 | the administration, collection, enforcement, and auditing of the |
36 | general state sales tax imposed under chapter 212 except as |
37 | otherwise provided in this section. The provisions of chapter |
38 | 212 regarding the authority to audit and make assessments, the |
39 | keeping of books and records, and interest and penalties on |
40 | delinquent fees are applicable. The fee may not be included in |
41 | computing estimated taxes under s. 212.11. The limitations on |
42 | determining and assessing taxes provided in s. 95.091 apply to |
43 | the determination and assessment of the fee imposed by this |
44 | section. |
45 | (6) In addition to expenditures authorized for |
46 | administrative costs under subsection (4), the Department of |
47 | Revenue and the department may employ persons and incur other |
48 | expenses for which funds are appropriated by the Legislature. |
49 | The Department of Revenue and the department may adopt rules and |
50 | prescribe forms as necessary to administer this section. The |
51 | Department of Revenue may establish audit procedures, recover |
52 | administrative costs, and assess delinquent fees, penalties, and |
53 | interest. |
54 | (7) The proceeds of the fee shall be deposited in the |
55 | Wastewater Treatment and Stormwater Management Revolving Loan |
56 | Trust Fund created by s. 403.1835. In any year in which a |
57 | federal capitalization grant is received by the department for |
58 | the Wastewater Treatment and Stormwater Management Revolving |
59 | Loan Trust Fund, the proceeds of the fee shall first be used to |
60 | provide the state's matching share of the federal grant for use |
61 | as provided by s. 403.1835. All remaining proceeds of the fee |
62 | shall be used as provided by s. 403.1838. |
63 |
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64 | ======= T I T L E A M E N D M E N T ======= |
65 | Remove line 39 and insert: |
66 | circumstances; providing construction; creating s. |
67 | 403.1839, F.S.; providing definitions; imposing a fee on |
68 | toilet paper sold in this state; requiring dealers to |
69 | collect the fee; providing a criminal penalty for failure |
70 | by a dealer to remit the fee; providing for administration |
71 | and enforcement by the Department of Revenue; authorizing |
72 | rulemaking by the Department of Revenue and the Department |
73 | of Environmental Protection; providing for use of the |
74 | proceeds of the fee for administrative costs of the |
75 | Department of Revenue; providing for deposit of the |
76 | proceeds of the fee in the Wastewater Treatment and |
77 | Stormwater Management Revolving Loan Trust Fund |
78 | administered by the Department of Environmental |
79 | Protection; providing for use of proceeds of the fee |
80 | deposited into the trust fund; amending s. |