Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2482
Barcode 205284
CHAMBER ACTION
Senate House
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1 Comm: 20/RCS .
04/19/2007 06:44 PM .
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11 The Committee on Finance and Tax (Haridopolos) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 59, line 6, through
16 page 66, line 10, delete those lines
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18 and insert:
19 (4) CASH DEPOSIT, SURETY BOND, OR IRREVOCABLE LETTERS
20 OF CREDIT.--In order to collect the taxes, fees, and
21 surcharges administered by the department and to ensure
22 compliance with the revenue laws of this state, the
23 department, in its sole discretion, may require a taxpayer to
24 provide security as a condition to the taxpayer obtaining,
25 renewing, or retaining any dealer's certificate of
26 registration, permit, or license with the department as
27 provided in this subsection. The authority granted by this
28 subsection is in addition to other authority granted to the
29 executive director and the department by law.
30 (a) As used in this subsection, the term:
31 1. "Department" means the executive director of the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2482
Barcode 205284
1 Department of Revenue or the executive director's designee.
2 2. "Security" means any cash deposit, surety bonds, or
3 irrevocable letters of credit. Surety bonds must be issued by
4 a surety company authorized to transact business in this state
5 as a surety. Irrevocable letters of credit must be issued by a
6 bank authorized to do business in this state as a bank and
7 shall be engaged as an agreement to honor demands for payment
8 as specified in this subsection.
9 3. "Taxpayer" means any person, as defined by s.
10 212.02 and, solely for the purposes of determining whether
11 security is required under this subsection and the amount of
12 any such security required, the term also includes any related
13 person.
14 (b)1. In determining whether security will be required
15 and the amount of the security, the department shall consider:
16 a. The taxpayer's compliance with state and federal
17 laws;
18 b. The taxpayer's compliance with state and federal
19 revenue laws;
20 c. The taxpayer's financial status and ability to pay;
21 and
22 d. Any other facts and circumstances affecting
23 compliance with the revenue laws of this state.
24 2. The security shall be in the amount required by the
25 department. The amount of security required by the department
26 may not exceed a taxpayer's estimated liability, as determined
27 by the department, for all taxes, fees, and surcharges,
28 including penalties and interest, administered by the
29 department for 12 consecutive months, plus any unpaid
30 delinquencies of the taxpayer.
31 3. If the department determines that security is
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2482
Barcode 205284
1 required, it shall provide written notice of such
2 determination to the taxpayer at the taxpayer's last known
3 address as it appears in the department's records. The
4 taxpayer must post the required security or send a written
5 objection to the department within 30 days after the date on
6 the department's notice, failing which the department shall
7 refuse the issuance or renewal of any dealer's certificate of
8 registration, permit, or license with the department, or
9 initiate revocation proceedings to revoke any existing
10 registrations, permits, or licenses.
11 4. If the department determines that the amount of any
12 existing security is insufficient to ensure payment of the
13 amount of the taxes, fees, and surcharges, including penalties
14 and interest, for which the taxpayer is or may at any time
15 become liable, or if the amount of the security is reduced or
16 released, whether by judgment rendered or by use of the
17 security to pay the delinquent taxes, penalty, or interest,
18 the department shall provide written notification to the
19 taxpayer of the revised amount of security required. The
20 taxpayer shall file additional security in the amount required
21 or provide a written objection within 30 days, failing which
22 the department shall refuse the issuance or renewal of any
23 taxpayer's certificate of registration, permit, or license
24 with the department, or initiate revocation proceedings to
25 revoke any existing registrations, permits, or licenses. If a
26 new security is furnished, the department shall cancel,
27 surrender, or discharge the previous security as appropriate,
28 for which such new security is substituted.
29 5. When a taxpayer that has provided security is
30 delinquent more than 30 days in the payment of any tax, fee,
31 or surcharge administered by the department, the department
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2482
Barcode 205284
1 may, upon 10 days' written notice provided to the last known
2 address of the taxpayer as it appears in the department's
3 records, apply the security in whole or in part to the amount
4 that the taxpayer should have collected and remitted or paid.
5 6. The duration of any security required under this
6 subsection may not be less than 12 months. If a taxpayer files
7 all returns and pays all tax to the state within the time
8 required by law for a period of 12 consecutive months, the
9 department shall, upon written request by the taxpayer,
10 release or refund the security. If the taxpayer ceases
11 operations during the time the security is being held by the
12 department, the taxpayer must submit a written request to the
13 department within 90 days after ceasing operations for the
14 return of the deposit or release of the surety bond or letter
15 of credit. The department shall offset any reimbursement of
16 security under this subsection against any outstanding
17 liability of the taxpayer.
18 (c) Any taxpayer failing to post security as provided
19 in this subsection is not entitled to obtain, renew, or retain
20 any certificate of registration, permit, or license issued by
21 the department. At the request of the department, the
22 Department of Legal Affairs may proceed by injunction to
23 prevent any activity in the performance of further business
24 activity subject to registration, permitting, or licensing by
25 the department until such security is posted with the
26 department. A temporary injunction for this purpose may be
27 granted by any judge or chancellor authorized by law to grant
28 injunctions.
29 (d) Any security required under this subsection may be
30 sold by the department to recover any taxes, fees, or
31 surcharges due, including penalties and interest. Notice of
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2482
Barcode 205284
1 such sale may be served personally or by mail upon the
2 taxpayer who deposited such security. If by mail, notice sent
3 to the last known address as the same appears on the records
4 of the department is sufficient for the purpose of this
5 requirement. Upon such sale, the surplus, if any, above the
6 amount due under this chapter shall be returned to the
7 taxpayer who deposited the security.
8 (5) GARNISHMENT.--Garnishment shall be conducted for
9 all taxes administered by the department under s. 213.67.
10 (6) TRANSFER OF LIABILITY.--The liability for any tax,
11 fee, or surcharge, including penalties and interest, may be
12 transferred to responsible corporate officers as provided in
13 s. 213.29.
14 (7) JEOPARDY ASSESSMENTS.--If there is jeopardy to the
15 revenue and jeopardy is asserted in or with an assessment, the
16 department shall proceed in the manner specified for jeopardy
17 assessments in s. 213.732.
18 (8) RULES.--The department may adopt rules pursuant to
19 ss. 120.536(1) and 120.54 to administer this section.
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22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 On page 4, lines 6-14, delete those lines
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26 and insert:
27 registration, permit, or license;
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