(LATE FILED)Amendment
Bill No. 0749
Amendment No. 804963
CHAMBER ACTION
Senate House
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1Representative Greenstein offered the following:
2
3     Amendment (with title amendment)
4     Between lines 231 and 232, insert:
5     Section 9.  Section 403.1839, Florida Statutes, is created
6to 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
10for use with no intent to resell.
11     (b)  "Dealer" means a person who sells toilet tissue to a
12consumer.
13     (c)  "Department" means the Department of Environmental
14Protection.
15     (2)  Beginning October 1, 2006, a fee of 2 cents per roll
16shall be imposed on toilet paper sold in this state. The fee
17shall be collected by dealers and remitted monthly to the
18Department of Revenue.
19     (3)  All fees collected shall be state funds at the moment
20of collection. A person who, with intent to unlawfully deprive
21or defraud the state of its moneys or the use or benefit
22thereof, fails to remit fees collected pursuant to this section
23commits theft of state funds, punishable to the same extent
24provided in s. 212.15(2).
25     (4)  The proceeds of the fee shall be distributed in
26accordance with this section. For the purpose of this section,
27the proceeds of the fee include all funds received by the
28Department of Revenue under this section, including interest and
29penalties on delinquent fees. The Department of Revenue shall
30determine the amount that must be reserved for its
31administrative costs.
32     (5)  The Department of Revenue shall administer, collect,
33enforce, and audit the fee authorized under this section and,
34for such purpose, has the same authority that is provided for
35the administration, collection, enforcement, and auditing of the
36general state sales tax imposed under chapter 212 except as
37otherwise provided in this section. The provisions of chapter
38212 regarding the authority to audit and make assessments, the
39keeping of books and records, and interest and penalties on
40delinquent fees are applicable. The fee may not be included in
41computing estimated taxes under s. 212.11. The limitations on
42determining and assessing taxes provided in s. 95.091 apply to
43the determination and assessment of the fee imposed by this
44section.
45     (6)  In addition to expenditures authorized for
46administrative costs under subsection (4), the Department of
47Revenue and the department may employ persons and incur other
48expenses for which funds are appropriated by the Legislature.
49The Department of Revenue and the department may adopt rules and
50prescribe forms as necessary to administer this section. The
51Department of Revenue may establish audit procedures, recover
52administrative costs, and assess delinquent fees, penalties, and
53interest.
54     (7)  The proceeds of the fee shall be deposited in the
55Wastewater Treatment and Stormwater Management Revolving Loan
56Trust Fund created by s. 403.1835. In any year in which a
57federal capitalization grant is received by the department for
58the Wastewater Treatment and Stormwater Management Revolving
59Loan Trust Fund, the proceeds of the fee shall first be used to
60provide the state's matching share of the federal grant for use
61as provided by s. 403.1835. All remaining proceeds of the fee
62shall be used as provided by s. 403.1838.
63
64======= T I T L E  A M E N D M E N T =======
65     Remove line 39 and insert:
66circumstances; providing construction; creating s.
67403.1839, F.S.; providing definitions; imposing a fee on
68toilet paper sold in this state; requiring dealers to
69collect the fee; providing a criminal penalty for failure
70by a dealer to remit the fee; providing for administration
71and enforcement by the Department of Revenue; authorizing
72rulemaking by the Department of Revenue and the Department
73of Environmental Protection; providing for use of the
74proceeds of the fee for administrative costs of the
75Department of Revenue; providing for deposit of the
76proceeds of the fee in the Wastewater Treatment and
77Stormwater Management Revolving Loan Trust Fund
78administered by the Department of Environmental
79Protection; providing for use of proceeds of the fee
80deposited into the trust fund; amending s.


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