Senate Bill sb2482e3

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




    CS for SB 2482                                 Third Engrossed



  1                      A bill to be entitled

  2         An act relating to tax administration; amending

  3         s. 45.032, F.S.; including a tax warrant as a

  4         subordinate lienholder for purposes of the

  5         disbursement of surplus funds after a judicial

  6         sale; amending s. 193.1551, F.S.; providing for

  7         provisions governing the assessment of

  8         homestead property damaged in certain named

  9         storms to apply to properties in which repairs

10         are commenced by January 1, 2008; amending s.

11         196.192, F.S.; specifying that ownership of

12         property by a tax-exempt organization's sole

13         member limited liability company has the same

14         status for property tax purposes as direct

15         ownership by the tax-exempt organization;

16         amending s. 196.193, F.S.; requiring the

17         property appraiser to explain to a nonprofit

18         organization the legal and factual basis for

19         denying a property tax exemption to the

20         nonprofit organization; amending s. 196.196,

21         F.S.; providing that property owned by an

22         exempt entity shall be deemed to be used for

23         religious purposes if the institution has taken

24         affirmative steps to prepare the property for

25         use as a public house of worship; providing

26         definitions; amending s. 197.572, F.S.;

27         providing for easements for conservation

28         purposes; amending s. 198.13, F.S.; exempting

29         certain representatives of an estate from the

30         requirement to file certain returns if there is

31         no tax on estates of decedents or no tax on


                                  1

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






    CS for SB 2482                                 Third Engrossed



 1         generation-skipping transfers; amending s.

 2         202.16, F.S.; requiring dealers to document

 3         exempt sales for resale; providing requirements

 4         and procedures; providing a definition;

 5         providing construction; providing for dealer

 6         provision of evidence of the exempt status of

 7         certain sales through an informal protest

 8         process; requiring the Department of Revenue to

 9         accept certain evidence during the protest

10         period; providing limitations; requiring the

11         department to establish a toll-free telephone

12         number for the purpose of verifying

13         registration numbers and resale certificates;

14         requiring the department to establish a system

15         for receiving information from dealers

16         regarding certificate numbers; amending s.

17         202.18, F.S.; providing for adjustments in

18         communications services tax distributions to

19         correct for misallocations between

20         jurisdictions; amending s. 202.20, F.S.;

21         limiting local governmental authority to make

22         certain rate adjustments in the tax under

23         certain circumstances; providing for a

24         determination of completeness of certain data;

25         amending s. 202.28, F.S.; providing

26         requirements for the Department of Revenue with

27         respect to distributing proceeds of the

28         communications services tax and allocating

29         certain penalties; amending s. 202.30, F.S.;

30         reducing the threshold tax amount which a

31         dealer of communications services is required


                                  2

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






    CS for SB 2482                                 Third Engrossed



 1         to remit taxes electronically; amending ss.

 2         206.02 and 206.021, F.S.; authorizing the

 3         Department of Revenue to issue temporary fuel

 4         licenses during a declared state of emergency

 5         or a declared disaster; amending s. 206.9943,

 6         F.S.; authorizing the department to issue a

 7         temporary pollutant tax license during a

 8         declared state of emergency or a declared

 9         disaster; amending s. 211.3103, F.S.; providing

10         for the annual producer price index to apply to

11         the tax on the severance of phosphate rock;

12         amending s. 212.02, F.S.; adding leases of

13         certain aircraft to the definition of the term

14         "qualified aircraft"; amending ss. 212.05 and

15         212.0515, F.S.; authorizing the department to

16         adopt additional divisors for calculating the

17         sales tax on vending machines when a county

18         imposes a sales surtax rate that is not listed

19         in statute; amending s. 212.0506, F.S.;

20         clarifying that the definition of the term

21         "service warranty" excludes certain contracts;

22         amending s. 212.08, F.S., relating to

23         exemptions from the sales tax; deleting

24         provisions exempting certain building materials

25         and business property from application of

26         certain requirements for refunds; providing a

27         sales tax exemption for certain delivery

28         charges; repealing s. 212.095, F.S., relating

29         to a sales tax refund permit for certain

30         organizations; amending s. 212.12, F.S.;

31         providing that a person is liable for failure


                                  3

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






    CS for SB 2482                                 Third Engrossed



 1         to register a business or collect the required

 2         taxes; providing penalties; providing

 3         exceptions to certain penalties; providing for

 4         voluntary sampling of fixed assets; providing

 5         for application; providing legislative intent;

 6         authorizing the Department of Revenue, in

 7         conjunction with financial institutions, to

 8         design a pilot program for identifying certain

 9         account holders against whose property the

10         department has a tax warrant; authorizing the

11         department to enter into agreements with

12         financial institutions for developing and

13         operating a data match system; requiring the

14         department to pay a fee to participating

15         financial institutions; requiring the

16         department to submit a report to the

17         Legislature; amending s. 213.053, F.S.;

18         authorizing the department to provide

19         information to the child support enforcement

20         program; amending s. 213.21, F.S.; providing

21         for a taxpayer's liability for a service fee to

22         be waived due to unintentional error; amending

23         s. 213.755, F.S.; reducing the threshold tax

24         amount under which a taxpayer may be required

25         to remit taxes electronically; amending s.

26         220.21, F.S.; requiring a taxpayer that is

27         required to file its federal income tax return

28         electronically to also file its state corporate

29         income tax electronically; providing a penalty

30         for failure to do so; authorizing the

31         department to adopt rules; providing for


                                  4

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






    CS for SB 2482                                 Third Engrossed



 1         applicability; amending s. 443.1216, F.S.;

 2         authorizing the Agency for Workforce Innovation

 3         and the agency that collects unemployment taxes

 4         to adopt rules; clarifying that certain senior

 5         management positions are excluded from

 6         unemployment compensation provisions; amending

 7         s. 443.1316, F.S.; providing for certain

 8         provisions of ch. 213, F.S., relating to

 9         taxpayers rights, to apply to the collection of

10         unemployment taxes; deleting a limitation on

11         the amount the department may charge for the

12         costs of collection services; amending s.

13         443.141, F.S.; providing a date through which

14         certain penalties on delinquent unemployment

15         compensation reports can be assessed; applying

16         the provisions of s. 213.24(1), F.S., to such

17         penalties; amending s. 443.163, F.S.; amending

18         s. 624.511, F.S.; authorizing the Department of

19         Revenue to refund an overpayment of insurance

20         premium tax under certain circumstances;

21         amending s. 832.062, F.S.; providing for prima

22         facie evidence of intent to defraud or

23         knowledge of insufficient funds with respect to

24         an electronic transfer to the Department of

25         Revenue which is not honored or refused;

26         providing for exceptions; providing

27         requirements for notice; providing for the

28         department to recover court costs and

29         attorney's fees; providing procedures for

30         establishing prima facie evidence; providing

31         for reimbursement of a portion of certain ad


                                  5

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






    CS for SB 2482                                 Third Engrossed



 1         valorem taxes on certain homestead property

 2         rendered uninhabitable under certain

 3         circumstances; providing requirements,

 4         procedures, and limitations; providing duties

 5         and responsibilities of the department,

 6         property appraisers, and value adjustment

 7         boards; providing a definition; providing

 8         criminal penalties for falsely claiming

 9         reimbursements; providing for reimbursement of

10         a portion of sales taxes paid on certain

11         replacement mobile homes damaged under certain

12         circumstances; providing requirements,

13         procedures, and limitations; providing duties

14         and responsibilities of the department,

15         property appraisers, and value adjustment

16         boards; providing definitions; providing

17         criminal penalties for falsely claiming

18         reimbursements; requiring the Executive Office

19         of the Governor to certify forward certain

20         unexpended balances; providing legislative

21         intent; providing appropriations; providing

22         effective dates.

23  

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

25  

26         Section 1.  Paragraph (b) of subsection (1) and

27  paragraph (a) of subsection (3) of section 45.032, Florida

28  Statutes, are amended to read:

29         45.032  Disbursement of surplus funds after judicial

30  sale.--

31         (1)  For purposes of ss. 45.031-45.035, the term:


                                  6

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






    CS for SB 2482                                 Third Engrossed



 1         (b)  "Subordinate lienholder" means the holder of a

 2  subordinate lien shown on the face of the pleadings as an

 3  encumbrance on the property. The lien held by the party filing

 4  the foreclosure lawsuit is not a subordinate lien. A

 5  subordinate lienholder includes, but is not limited to, a

 6  subordinate mortgage, judgment, tax warrant, assessment lien,

 7  or construction lien. However, the holder of a subordinate

 8  lien shall not be deemed a subordinate lienholder if the

 9  holder was paid in full from the proceeds of the sale.

10         (3)  During the 60 days after the clerk issues a

11  certificate of disbursements, the clerk shall hold the surplus

12  pending a court order.

13         (a)  If the owner of record claims the surplus during

14  the 60-day period and there is no subordinate lienholder, the

15  court shall order the clerk to deduct any applicable service

16  charges from the surplus and pay the remainder to the owner of

17  record. The clerk may establish a reasonable requirement that

18  the owner of record prove his or her identity before receiving

19  the disbursement. The clerk may assist an owner of record in

20  making a claim. An owner of record may use the following form

21  in making a claim:

22  

23  (Caption of Action)

24  

25                        OWNER'S CLAIM FOR

26                   MORTGAGE FORECLOSURE SURPLUS

27  

28  State of ....

29  County of ....

30         Under penalty of perjury, I (we) hereby certify that:

31  


                                  7

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






    CS for SB 2482                                 Third Engrossed



 1         1.  I was (we were) the owner of the following

 2  described real property in .... County, Florida, prior to the

 3  foreclosure sale and as of the date of the filing of the lis

 4  pendens:

 5  

 6  ...(Legal description of real property)...

 7  

 8         2.  I (we) do not owe any money on any mortgage on the

 9  property that was foreclosed other than the one that was paid

10  off by the foreclosure.

11         3.  I (we) do not owe any money that is the subject of

12  an unpaid judgment, tax warrant, condominium lien, cooperative

13  lien, or homeowners' association.

14         4.  I am (we are) not currently in bankruptcy.

15         5.  I (we) have not sold or assigned my (our) right to

16  the mortgage surplus.

17         6.  My (our) new address is: .....

18         7.  If there is more than one owner entitled to the

19  surplus, we have agreed that the surplus should be paid ....

20  jointly, or to: ...., at the following address: .....

21         8.  I (WE) UNDERSTAND THAT I (WE) AM (ARE) NOT REQUIRED

22  TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I (WE) DO NOT

23  HAVE TO ASSIGN MY (OUR) RIGHTS TO ANYONE ELSE IN ORDER TO

24  CLAIM ANY MONEY TO WHICH I (WE) MAY BE ENTITLED.

25         9.  I (WE) UNDERSTAND THAT THIS STATEMENT IS GIVEN

26  UNDER OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I (WE) MAY

27  BE PROSECUTED CRIMINALLY FOR PERJURY.

28  

29  ...(Signatures)...

30  

31  


                                  8

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






    CS for SB 2482                                 Third Engrossed



 1         Sworn to (or affirmed) and subscribed before me this

 2  .... day of ...., ...(year)..., by ...(name of person making

 3  statement)....

 4         ...(Signature of Notary Public - State of Florida)...

 5         ...(Print, Type, or Stamp Commissioned Name of Notary

 6  Public)...

 7  

 8         Personally Known .... OR Produced Identification ....

 9         Type of Identification Produced........................

10  

11         Section 2.  Section 193.1551, Florida Statutes, is

12  amended to read:

13         193.1551  Assessment of certain homestead property

14  damaged in 2004 named storms.--Notwithstanding the provisions

15  of s. 193.155(4), the assessment at just value for changes,

16  additions, or improvements to homestead property rendered

17  uninhabitable in one or more of the named storms of 2004 shall

18  be limited to the square footage exceeding 110 percent of the

19  homestead property's total square footage. Additionally, homes

20  having square footage of 1,350 square feet or less which were

21  rendered uninhabitable may rebuild up to 1,500 total square

22  feet and the increase in square footage shall not be

23  considered as a change, an addition, or an improvement that is

24  subject to assessment at just value. The provisions of this

25  section are limited to homestead properties in which repairs

26  are commenced completed by January 1, 2008, and apply

27  retroactively to January 1, 2005.

28         Section 3.  Section 196.192, Florida Statutes, is

29  amended to read:

30         196.192  Exemptions from ad valorem taxation.--Subject

31  to the provisions of this chapter:


                                  9

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






    CS for SB 2482                                 Third Engrossed



 1         (1)  All property owned by an exempt entity and used

 2  exclusively for exempt purposes shall be totally exempt from

 3  ad valorem taxation.

 4         (2)  All property owned by an exempt entity and used

 5  predominantly for exempt purposes shall be exempted from ad

 6  valorem taxation to the extent of the ratio that such

 7  predominant use bears to the nonexempt use.

 8         (3)  All tangible personal property loaned or leased by

 9  a natural person, by a trust holding property for a natural

10  person, or by an exempt entity to an exempt entity for public

11  display or exhibition on a recurrent schedule is exempt from

12  ad valorem taxation if the property is loaned or leased for no

13  consideration or for nominal consideration.

14  

15  For purposes of this section, each use to which the property

16  is being put must be considered in granting an exemption from

17  ad valorem taxation, including any economic use in addition to

18  any physical use. For purposes of this section, property owned

19  by a limited liability company, the sole member of which is an

20  exempt entity, shall be treated as if the property were owned

21  directly by the exempt entity. This section does shall not

22  apply in determining the exemption for property owned by

23  governmental units pursuant to s. 196.199.

24         Section 4.  Subsection (5) of section 196.193, Florida

25  Statutes, is amended to read:

26         196.193  Exemption applications; review by property

27  appraiser.--

28         (5)(a)  If In the event the property appraiser

29  determines shall determine that any property claimed as wholly

30  or partially exempt under this section is not entitled to any

31  exemption or is entitled to an exemption to an extent other


                                  10

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






    CS for SB 2482                                 Third Engrossed



 1  than that requested in the application, he or she shall notify

 2  the person or organization filing the application on such

 3  property of that determination in writing on or before July 1

 4  of the year for which the application was filed.

 5         (b)  The notification must state in clear and

 6  unambiguous language the specific requirements of the state

 7  statutes which the property appraiser relied upon to deny the

 8  applicant the exemption with respect to the subject property.

 9  The notification must be drafted in such a way that a

10  reasonable person can understand specific attributes of the

11  applicant or the applicant's use of the subject property which

12  formed the basis for the denial. The notice must also include

13  the specific facts the property appraiser used to determine

14  that the applicant failed to meet the statutory requirements.

15  If a property appraiser fails to provide a notice that

16  complies with this subsection, any denial of an exemption or

17  an attempted denial of an exemption is invalid.

18         (c)  All notifications must specify the right to appeal

19  to the value adjustment board and the procedures to follow in

20  obtaining such an appeal.  Thereafter, the person or

21  organization filing such application, or a duly designated

22  representative, may appeal that determination by the property

23  appraiser to the board at the time of its regular hearing.  In

24  the event of an appeal, the property appraiser or the property

25  appraiser's representative shall appear at the board hearing

26  and present his or her findings of fact.  If the applicant is

27  not present or represented at the hearing, the board may make

28  a determination on the basis of information supplied by the

29  property appraiser or such other information on file with the

30  board.

31  


                                  11

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






    CS for SB 2482                                 Third Engrossed



 1         Section 5.  Present subsection (3) of section 196.196,

 2  Florida Statutes, is redesignated as subsection (4), and a new

 3  subsection (3) is added to that section, to read:

 4         196.196  Determining whether property is entitled to

 5  charitable, religious, scientific, or literary exemption.--

 6         (3)  Property owned by an exempt organization is used

 7  for a religious purpose if the institution has taken

 8  affirmative steps to prepare the property for use as a house

 9  of public worship. The term "affirmative steps" means

10  environmental or land use permitting activities, creation of

11  architectural plans or schematic drawings, land clearing or

12  site preparation, construction or renovation activities, or

13  other similar activities that demonstrate a commitment of the

14  property to a religious use as a house of public worship. For

15  purposes of this subsection, the term "public worship" means

16  religious worship services and those other activities that are

17  incidental to religious worship services, such as educational

18  activities, parking, recreation, partaking of meals, and

19  fellowship.

20         Section 6.  Section 197.572, Florida Statutes, is

21  amended to read:

22         197.572  Easements for conservation purposes, or for

23  public service purposes or for drainage or ingress and egress

24  survive tax sales and deeds.--When any lands are sold for the

25  nonpayment of taxes, or any tax certificate is issued thereon

26  by a governmental unit or agency or pursuant to any tax lien

27  foreclosure proceeding, the title to the lands shall continue

28  to be subject to any easement for conservation purposes as

29  provided in s. 704.06 or telephone, telegraph, pipeline, power

30  transmission, or other public service purpose and shall

31  continue to be subject to any easement for the purposes of


                                  12

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






    CS for SB 2482                                 Third Engrossed



 1  drainage or of ingress and egress to and from other land.  The

 2  easement and the rights of the owner of it shall survive and

 3  be enforceable after the execution, delivery, and recording of

 4  a tax deed, a master's deed, or a clerk's certificate of title

 5  pursuant to foreclosure of a tax deed, tax certificate, or tax

 6  lien, to the same extent as though the land had been conveyed

 7  by voluntary deed.  The easement must be evidenced by written

 8  instrument recorded in the office of the clerk of the circuit

 9  court in the county where such land is located before the

10  recording of such tax deed or master's deed, or, if not

11  recorded, an easement for a public service purpose must be

12  evidenced by wires, poles, or other visible occupation, an

13  easement for drainage must be evidenced by a waterway, water

14  bed, or other visible occupation, and an easement for the

15  purpose of ingress and egress must be evidenced by a road or

16  other visible occupation to be entitled to the benefit of this

17  section; however, this shall apply only to tax deeds issued

18  after the effective date of this act.

19         Section 7.  Subsection (4) is added to section 198.13,

20  Florida Statutes, to read:

21         198.13  Tax return to be made in certain cases;

22  certificate of nonliability.--

23         (4)  Notwithstanding any other provisions of this

24  section and applicable to the estate of a decedent who dies

25  after December 31, 2004, if, upon the death of the decedent, a

26  state death tax credit or a generation-skipping transfer

27  credit is not allowable pursuant to the Internal Revenue Code

28  of 1986, as amended:

29         (a)  The personal representative of the estate is not

30  required to file a return under subsection (1) in connection

31  with the estate.


                                  13

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






    CS for SB 2482                                 Third Engrossed



 1         (b)  The person who would otherwise be required to file

 2  a return reporting a generation-skipping transfer under

 3  subsection (3) is not required to file such a return in

 4  connection with the estate.

 5  

 6  The provisions of this subsection do not apply to estates of

 7  descendents dying after December 31, 2010.

 8         Section 8.  Effective January 1, 2008, subsection (2)

 9  of section 202.16, Florida Statutes, is amended to read:

10         202.16  Payment.--The taxes imposed or administered

11  under this chapter and chapter 203 shall be collected from all

12  dealers of taxable communications services on the sale at

13  retail in this state of communications services taxable under

14  this chapter and chapter 203. The full amount of the taxes on

15  a credit sale, installment sale, or sale made on any kind of

16  deferred payment plan is due at the moment of the transaction

17  in the same manner as a cash sale.

18         (2)(a)  A sale of communications services that are used

19  as a component part of or integrated into a communications

20  service or prepaid calling arrangement for resale, including,

21  but not limited to, carrier-access charges, interconnection

22  charges paid by providers of mobile communication services or

23  other communication services, charges paid by cable service

24  providers for the transmission of video or other programming

25  by another dealer of communications services, charges for the

26  sale of unbundled network elements, and any other intercompany

27  charges for the use of facilities for providing communications

28  services for resale, must be made in compliance with the rules

29  of the department. Any person who makes a sale for resale

30  which is not in compliance with these rules is liable for any

31  


                                  14

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






    CS for SB 2482                                 Third Engrossed



 1  tax, penalty, and interest due for failing to comply, to be

 2  calculated pursuant to s. 202.28(2)(a).

 3         (b)1.  Any dealer who makes a sale for resale shall

 4  document the exempt nature of the transaction, as established

 5  by rules adopted by the department, by retaining a copy of the

 6  purchaser's initial or annual resale certificate issued

 7  pursuant to s. 202.17(6). In lieu of maintaining a copy of the

 8  certificate, a dealer may document, prior to the time of sale,

 9  an authorization number provided telephonically or

10  electronically by the department or by such other means

11  established by rule of the department. The dealer may rely on

12  an initial or annual resale certificate issued pursuant to s.

13  202.17(6), valid at the time of receipt from the purchaser,

14  without seeking additional annual resale certificates from

15  such purchaser, if the dealer makes recurring sales to the

16  purchaser in the normal course of business on a continual

17  basis. For purposes of this paragraph, the term "recurring

18  sales to a purchaser in the normal course of business" means

19  sales in which the dealer extends credit to the purchaser and

20  records the debt as an account receivable, or in which the

21  dealer sells to a purchaser who has an established cash

22  account, similar to an open credit account. For purposes of

23  this paragraph, purchases are made from a selling dealer on a

24  continual basis if the selling dealer makes, in the normal

25  course of business, sales to the purchaser no less frequently

26  than once in every 12-month period.

27         2.  A dealer may, through the informal conference

28  procedures provided for in s. 213.21 and the rules of the

29  department, provide the department with evidence of the exempt

30  status of a sale. Exemption certificates executed by entities

31  that were exempt at the time of sale, resale certificates


                                  15

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






    CS for SB 2482                                 Third Engrossed



 1  provided by purchasers who were active dealers at the time of

 2  sale, and verification by the department of a purchaser's

 3  active dealer status at the time of sale in lieu of a resale

 4  certificate shall be accepted by the department when submitted

 5  during the protest period but may not be accepted in any

 6  proceeding under chapter 120 or any circuit court action

 7  instituted under chapter 72.

 8         Section 9.  Effective January 1, 2008, the Department

 9  of Revenue shall establish a toll-free telephone number for

10  the verification of valid dealer registration numbers and

11  resale certificates issued under chapter 202, Florida

12  Statutes. The system must be adequate to guarantee a low busy

13  rate, must respond to keypad inquiries, and must provide data

14  that is updated daily.

15         Section 10.  Effective January 1, 2008, the Department

16  of Revenue shall establish a system for receiving information

17  from dealers regarding certificate numbers of purchasers who

18  are seeking to make purchases for resale under chapter 202,

19  Florida Statutes. The department shall provide such dealers,

20  free of charge, with verification of those numbers that are

21  canceled or invalid.

22         Section 11.  Paragraph (c) of subsection (3) of section

23  202.18, Florida Statutes, is amended to read:

24         202.18  Allocation and disposition of tax

25  proceeds.--The proceeds of the communications services taxes

26  remitted under this chapter shall be treated as follows:

27         (3)

28         (c)1.  Except as otherwise provided in this paragraph,

29  proceeds of the taxes levied pursuant to s. 202.19, less

30  amounts deducted for costs of administration in accordance

31  with paragraph (b), shall be distributed monthly to the


                                  16

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






    CS for SB 2482                                 Third Engrossed



 1  appropriate jurisdictions. The proceeds of taxes imposed

 2  pursuant to s. 202.19(5) shall be distributed in the same

 3  manner as discretionary surtaxes are distributed, in

 4  accordance with ss. 212.054 and 212.055.

 5         2.  The department shall make any adjustments to the

 6  distributions pursuant to this section paragraph which are

 7  necessary to reflect the proper amounts due to individual

 8  jurisdictions or trust funds. In the event that the department

 9  adjusts amounts due to reflect a correction in the situsing of

10  a customer, such adjustment shall be limited to the amount of

11  tax actually collected from such customer by the dealer of

12  communication services.

13         3.a.  Notwithstanding the time period specified in s.

14  202.22(5), adjustments in distributions which are necessary to

15  correct misallocations between jurisdictions shall be governed

16  by this subparagraph. If the department determines that

17  misallocations between jurisdictions occurred, it shall

18  provide written notice of such determination to all affected

19  jurisdictions. The notice shall include the amount of the

20  misallocations, the basis upon which the determination was

21  made, data supporting the determination, and the identity of

22  each affected jurisdiction. The notice shall also inform all

23  affected jurisdictions of their authority to enter into a

24  written agreement establishing a method of adjustment as

25  described in sub-subparagraph c.

26         b.  An adjustment affecting a distribution to a

27  jurisdiction which is less than 90 percent of the average

28  monthly distribution to that jurisdiction for the 6 months

29  immediately preceding the department's determination, as

30  reported by all communications services dealers, shall be made

31  


                                  17

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






    CS for SB 2482                                 Third Engrossed



 1  in the month immediately following the department's

 2  determination that misallocations occurred.

 3         c.  If an adjustment affecting a distribution to a

 4  jurisdiction equals or exceeds 90 percent of the average

 5  monthly distribution to that jurisdiction for the 6 months

 6  immediately preceding the department's determination, as

 7  reported by all communications services dealers, the affected

 8  jurisdictions may enter into a written agreement establishing

 9  a method of adjustment. If the agreement establishing a method

10  of adjustment provides for payments of local communications

11  services tax monthly distributions, the amount of any such

12  payment agreed to may not exceed the local communications

13  services tax monthly distributions available to the

14  jurisdiction that was allocated amounts in excess of those to

15  which it was entitled. If affected jurisdictions execute a

16  written agreement specifying a method of adjustment, a copy of

17  the written agreement shall be provided to the department no

18  later than the first day of the month following 90 days after

19  the date the department transmits notice of the misallocation.

20  If the department does not receive a copy of the written

21  agreement within the specified time period, an adjustment

22  affecting a distribution to a jurisdiction made pursuant to

23  this sub-subparagraph shall be prorated over a time period

24  that equals the time period over which the misallocations

25  occurred.

26         Section 12.  Paragraph (a) of subsection (2) of section

27  202.20, Florida Statutes, is amended to read:

28         202.20  Local communications services tax conversion

29  rates.--

30         (2)(a)1.  With respect to any local taxing

31  jurisdiction, if, for the periods ending December 31, 2001;


                                  18

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






    CS for SB 2482                                 Third Engrossed



 1  March 31, 2002; June 30, 2002; or September 30, 2002, the

 2  revenues received by that local government from the local

 3  communications services tax imposed under subsection (1) are

 4  less than the revenues received from the replaced revenue

 5  sources for the corresponding 2000-2001 period; plus

 6  reasonably anticipated growth in such revenues over the

 7  preceding 1-year period, based on the average growth of such

 8  revenues over the immediately preceding 5-year period; plus an

 9  amount representing the revenues from the replaced revenue

10  sources for the 1-month period that the local taxing

11  jurisdiction was required to forego, the governing authority

12  may adjust the rate of the local communications services tax

13  upward to the extent necessary to generate the entire

14  shortfall in revenues within 1 year after the rate adjustment

15  and by an amount necessary to generate the expected amount of

16  revenue on an ongoing basis.

17         2.  If complete data are not available at the time of

18  determining whether the revenues received by a local

19  government from the local communications services tax imposed

20  under subsection (1) are less than the revenues received from

21  the replaced revenue sources for the corresponding 2000-2001

22  period, as set forth in subparagraph 1., the local government

23  shall use the best data available for the corresponding

24  2000-2001 period in making such determination. Complete data

25  shall be deemed available to all local governments after the

26  department audits, including the redistribution of local tax,

27  dealers who account for no less than 80 percent of the amount

28  of communications services tax revenues received for fiscal

29  year 2005-2006.

30         3.  The adjustment permitted under subparagraph 1. may

31  be made by emergency ordinance or resolution and may be made


                                  19

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






    CS for SB 2482                                 Third Engrossed



 1  notwithstanding the maximum rate established under s.

 2  202.19(2) and notwithstanding any schedules or timeframes or

 3  any other limitations contained in this chapter. Beginning

 4  July 1, 2007, a local government may make such adjustment only

 5  if the department or a dealer allocates or reallocates

 6  revenues away from the local government. However, any such

 7  adjustment shall be made no later than 6 months following the

 8  date the department notifies the local governments in writing

 9  that complete data is available. The emergency ordinance or

10  resolution shall specify an effective date for the adjusted

11  rate, which shall be no less than 60 days after the date of

12  adoption of the ordinance or resolution and shall be effective

13  with respect to taxable services included on bills that are

14  dated on the first day of a month subsequent to the expiration

15  of the 60-day period. At the end of 1 year following the

16  effective date of such adjusted rate, the local governing

17  authority shall, as soon as is consistent with s. 202.21,

18  reduce the rate by that portion of the emergency rate which

19  was necessary to recoup the amount of revenues not received

20  prior to the implementation of the emergency rate.

21         4.  If, for the period October 1, 2001, through

22  September 30, 2002, the revenues received by a local

23  government from the local communications services tax

24  conversion rate established under subsection (1), adjusted

25  upward for the difference in rates between paragraphs (1)(a)

26  and (b) or any other rate adjustments or base changes, are

27  above the threshold of 10 percent more than the revenues

28  received from the replaced revenue sources for the

29  corresponding 2000-2001 period plus reasonably anticipated

30  growth in such revenues over the preceding 1-year period,

31  based on the average growth of such revenues over the


                                  20

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






    CS for SB 2482                                 Third Engrossed



 1  immediately preceding 5-year period, the governing authority

 2  must adjust the rate of the local communications services tax

 3  to the extent necessary to reduce revenues to the threshold by

 4  emergency ordinance or resolution within the timeframes

 5  established in subparagraph 3. The foregoing rate adjustment

 6  requirement shall not apply to a local government that adopts

 7  a local communications services tax rate by resolution or

 8  ordinance. If complete data are not available at the time of

 9  determining whether the revenues exceed the threshold, the

10  local government shall use the best data available for the

11  corresponding 2000-2001 period in making such determination.

12  This subparagraph shall not be construed as establishing a

13  right of action for any person to enforce this subparagraph or

14  challenge a local government's implementation of this

15  subparagraph.

16         Section 13.  Paragraph (d) of subsection (2) of section

17  202.28, Florida Statutes, is amended to read:

18         202.28  Credit for collecting tax; penalties.--

19         (2)

20         (d)  If a dealer fails to separately report and

21  identify local communications services taxes on the

22  appropriate return schedule, the dealer shall be subject to a

23  penalty of $5,000 per return. If the department is unable to

24  obtain appropriate return schedules, any penalty imposed by

25  this paragraph shall be allocated in the same manner as

26  provided in s. 202.18(2).

27         Section 14.  Effective January 1, 2008, subsection (1)

28  of section 202.30, Florida Statutes, is amended to read:

29         202.30  Payment of taxes by electronic funds transfer;

30  filing of returns by electronic data interchange.--

31  


                                  21

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






    CS for SB 2482                                 Third Engrossed



 1         (1)  A dealer of communications services is required to

 2  remit taxes by electronic funds transfer, in the manner

 3  prescribed by the department, when the amount of tax paid by

 4  the dealer under this chapter, chapter 203, or chapter 212 in

 5  the previous state fiscal year was $20,000 $50,000 or more.

 6         Section 15.  Subsection (8) is added to section 206.02,

 7  Florida Statutes, to read:

 8         206.02  Application for license; temporary license;

 9  terminal suppliers, importers, exporters, blenders, biodiesel

10  manufacturers, and wholesalers.--

11         (8)(a)  Notwithstanding any provision to the contrary

12  contained in this chapter, the department may grant a

13  temporary fuel license for immediate use if:

14         1.  The Governor has declared a state of emergency

15  under s. 252.36; or

16         2.  The President of the United States has declared a

17  major disaster in this state or in any other state or

18  territory of the United States.

19         (b)  Notwithstanding the provisions of this chapter

20  requiring a license tax and a bond or criminal background

21  check, the department may issue a temporary license as an

22  importer or exporter to a person who holds a valid Florida

23  wholesaler license or to a person who is an unlicensed dealer.

24  A license may be issued under this subsection only to a

25  business that has a physical location in this state and holds

26  a valid Florida sales and use tax certificate of registration

27  or that holds a valid fuel license issued by another state.

28         (c)  A temporary license expires on the last day of the

29  month following the month in which the temporary license was

30  issued. The department may extend any temporary license on a

31  month-to-month basis during the period of a declared state of


                                  22

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






    CS for SB 2482                                 Third Engrossed



 1  emergency or major disaster as provided in this subsection. If

 2  the department extends a temporary license, the extended

 3  license expires on the last day of the month in which the

 4  temporary license was extended.

 5         (d)  In order to procure a temporary license, a

 6  nonresident business must provide to the department the

 7  information required in subsection (4); the federal

 8  identification number of the business or, if such number is

 9  unavailable, the social security number of the owner; and any

10  other information that is required by the department.

11         (e)  A temporary license authorized by this subsection

12  may not be renewed if the licensee has not filed the required

13  returns or made payment of the taxes required under this

14  chapter.

15         Section 16.  Subsection (5) is added to section

16  206.021, Florida Statutes, to read:

17         206.021  Application for license; carriers.--

18         (5)(a)  Notwithstanding any provision to the contrary

19  contained in this chapter, the department may grant a

20  temporary fuel license for immediate use if:

21         1.  The Governor has declared a state of emergency

22  under s. 252.36; or

23         2.  The President of the United States has declared a

24  major disaster in this state or in any other state or

25  territory of the United States.

26         (b)  Notwithstanding the provisions of this chapter

27  requiring a license tax and a bond or criminal background

28  check, the department may issue a temporary license as a

29  carrier to a person who holds a valid Florida wholesaler,

30  importer, exporter, or blender license or to a person who is

31  an unlicensed dealer. A license may be issued under this


                                  23

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






    CS for SB 2482                                 Third Engrossed



 1  subsection only to a business that has a physical location in

 2  this state and holds a valid Florida sales and use tax

 3  certificate of registration or that holds a valid fuel license

 4  issued by another state.

 5         (c)  A temporary license expires on the last day of the

 6  month following the month in which the temporary license was

 7  issued. The department may extend any temporary license on a

 8  month-to-month basis during the period of a declared state of

 9  emergency or major disaster as provided in this subsection. If

10  the department extends a temporary license, the extended

11  license expires on the last day of the month in which the

12  temporary license was extended.

13         (d)  In order to procure a temporary license, a

14  nonresident business must provide to the department the

15  information required in subsection (2); the federal

16  identification number of the business or, if such number is

17  unavailable, the social security number of the owner; and any

18  other information that is required by the department.

19         (e)  A temporary license authorized by this subsection

20  may not be renewed if the licensee has not filed the required

21  returns or made payment of the taxes required under this

22  chapter.

23         Section 17.  Subsection (4) is added to section

24  206.9943, Florida Statutes, to read:

25         206.9943  Pollutant tax license.--

26         (4)  A temporary pollutant tax license may be issued to

27  a holder of a valid Florida temporary importer, temporary

28  wholesaler, or temporary exporter license issued under s.

29  206.02. A temporary pollutant tax license is subject to the

30  provisions set forth in s. 206.02(8).

31  


                                  24

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






    CS for SB 2482                                 Third Engrossed



 1         Section 18.  Paragraphs (d) and (e) of subsection (9)

 2  of section 211.3103, Florida Statutes, are amended to read:

 3         211.3103  Levy of tax on severance of phosphate rock;

 4  rate, basis, and distribution of tax.--

 5         (9)

 6         (d)  If the producer price index for phosphate rock

 7  chemical and fertilizer mineral mining is substantially

 8  revised, the department shall make appropriate adjustment in

 9  the method used to compute the base rate adjustment under this

10  subsection which will produce results reasonably consistent

11  with the result that which would have been obtained if the

12  producer price index for phosphate rock primary products had

13  not been revised. However, the tax rate shall not be less than

14  $1.56 per ton severed.

15         (e)  If In the event the producer price index for

16  phosphate rock primary products is discontinued, then a

17  comparable index shall be selected by the department and

18  adopted by rule.

19         Section 19.  Subsection (33) of section 212.02, Florida

20  Statutes, is amended to read:

21         212.02  Definitions.--The following terms and phrases

22  when used in this chapter have the meanings ascribed to them

23  in this section, except where the context clearly indicates a

24  different meaning:

25         (33)  "Qualified aircraft" means any aircraft having a

26  maximum certified takeoff weight of less than 10,000 pounds

27  and equipped with twin turbofan engines that meet Stage IV

28  noise requirements that is used by a business operating as an

29  on-demand air carrier under Federal Aviation Administration

30  Regulation Title 14, chapter I, part 135, Code of Federal

31  


                                  25

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






    CS for SB 2482                                 Third Engrossed



 1  Regulations, that owns or leases and operates a fleet of at

 2  least 25 of such aircraft in this state.

 3         Section 20.  Paragraph (h) of subsection (1) of section

 4  212.05, Florida Statutes, is amended to read:

 5         212.05  Sales, storage, use tax.--It is hereby declared

 6  to be the legislative intent that every person is exercising a

 7  taxable privilege who engages in the business of selling

 8  tangible personal property at retail in this state, including

 9  the business of making mail order sales, or who rents or

10  furnishes any of the things or services taxable under this

11  chapter, or who stores for use or consumption in this state

12  any item or article of tangible personal property as defined

13  herein and who leases or rents such property within the state.

14         (1)  For the exercise of such privilege, a tax is

15  levied on each taxable transaction or incident, which tax is

16  due and payable as follows:

17         (h)1.  Beginning January 1, 1995, A tax is imposed at

18  the rate of 4 percent on the charges for the use of

19  coin-operated amusement machines. The tax shall be calculated

20  by dividing the gross receipts from such charges for the

21  applicable reporting period by a divisor, determined as

22  provided in this subparagraph, to compute gross taxable sales,

23  and then subtracting gross taxable sales from gross receipts

24  to arrive at the amount of tax due. For counties that do not

25  impose a discretionary sales surtax, the divisor is equal to

26  1.04;, except that for counties that impose a 0.5 percent

27  discretionary sales surtax, with a 6.5 percent sales tax rate

28  the divisor is shall be equal to 1.045;, and for counties that

29  impose a 1 percent discretionary sales surtax, with a 7.0

30  percent sales tax rate the divisor is shall be equal to 1.050;

31  and for counties that impose a 2 percent sales surtax, the


                                  26

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






    CS for SB 2482                                 Third Engrossed



 1  divisor is equal to 1.060. If a county imposes a discretionary

 2  sales surtax that is not listed in this subparagraph, the

 3  department shall make the applicable divisor available in an

 4  electronic format or otherwise. Additional divisors shall bear

 5  the same mathematical relationship to the next higher and next

 6  lower divisors as the new surtax rate bears to the next higher

 7  and next lower surtax rates for which divisors have been

 8  established. When a machine is activated by a slug, token,

 9  coupon, or any similar device which has been purchased, the

10  tax is on the price paid by the user of the device for such

11  device.

12         2.  As used in this paragraph, the term "operator"

13  means any person who possesses a coin-operated amusement

14  machine for the purpose of generating sales through that

15  machine and who is responsible for removing the receipts from

16  the machine.

17         a.  If the owner of the machine is also the operator of

18  it, he or she shall be liable for payment of the tax without

19  any deduction for rent or a license fee paid to a location

20  owner for the use of any real property on which the machine is

21  located.

22         b.  If the owner or lessee of the machine is also its

23  operator, he or she shall be liable for payment of the tax on

24  the purchase or lease of the machine, as well as the tax on

25  sales generated through the machine.

26         c.  If the proprietor of the business where the machine

27  is located does not own the machine, he or she shall be deemed

28  to be the lessee and operator of the machine and is

29  responsible for the payment of the tax on sales, unless such

30  responsibility is otherwise provided for in a written

31  agreement between him or her and the machine owner.


                                  27

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






    CS for SB 2482                                 Third Engrossed



 1         3.a.  An operator of a coin-operated amusement machine

 2  may not operate or cause to be operated in this state any such

 3  machine until the operator has registered with the department

 4  and has conspicuously displayed an identifying certificate

 5  issued by the department.  The identifying certificate shall

 6  be issued by the department upon application from the

 7  operator.  The identifying certificate shall include a unique

 8  number, and the certificate shall be permanently marked with

 9  the operator's name, the operator's sales tax number, and the

10  maximum number of machines to be operated under the

11  certificate. An identifying certificate shall not be

12  transferred from one operator to another. The identifying

13  certificate must be conspicuously displayed on the premises

14  where the coin-operated amusement machines are being operated.

15         b.  The operator of the machine must obtain an

16  identifying certificate before the machine is first operated

17  in the state and by July 1 of each year thereafter. The annual

18  fee for each certificate shall be based on the number of

19  machines identified on the application times $30 and is due

20  and payable upon application for the identifying device.  The

21  application shall contain the operator's name, sales tax

22  number, business address where the machines are being

23  operated, and the number of machines in operation at that

24  place of business by the operator. No operator may operate

25  more machines than are listed on the certificate.  A new

26  certificate is required if more machines are being operated at

27  that location than are listed on the certificate. The fee for

28  the new certificate shall be based on the number of additional

29  machines identified on the application form times $30.

30         c.  A penalty of $250 per machine is imposed on the

31  operator for failing to properly obtain and display the


                                  28

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






    CS for SB 2482                                 Third Engrossed



 1  required identifying certificate. A penalty of $250 is imposed

 2  on the lessee of any machine placed in a place of business

 3  without a proper current identifying certificate. Such

 4  penalties shall apply in addition to all other applicable

 5  taxes, interest, and penalties.

 6         d.  Operators of coin-operated amusement machines must

 7  obtain a separate sales and use tax certificate of

 8  registration for each county in which such machines are

 9  located. One sales and use tax certificate of registration is

10  sufficient for all of the operator's machines within a single

11  county.

12         4.  The provisions of this paragraph do not apply to

13  coin-operated amusement machines owned and operated by

14  churches or synagogues.

15         5.  In addition to any other penalties imposed by this

16  chapter, a person who knowingly and willfully violates any

17  provision of this paragraph commits a misdemeanor of the

18  second degree, punishable as provided in s. 775.082 or s.

19  775.083.

20         6.  The department may adopt rules necessary to

21  administer the provisions of this paragraph.

22         Section 21.  Subsection (3) of section 212.0506,

23  Florida Statutes, is amended to read:

24         212.0506  Taxation of service warranties.--

25         (3)  For purposes of this section, "service warranty"

26  means any contract or agreement which indemnifies the holder

27  of the contract or agreement for the cost of maintaining,

28  repairing, or replacing tangible personal property.  The term

29  "service warranty" does not include contracts or agreements to

30  repair, maintain, or replace tangible personal property if

31  such property when sold at retail in this state would not be


                                  29

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






    CS for SB 2482                                 Third Engrossed



 1  subject to the tax imposed by this chapter or if the parts and

 2  labor to repair tangible personal property qualify for an

 3  exemption under this chapter, nor does it include such

 4  contracts or agreements covering tangible personal property

 5  which becomes a part of real property.

 6         Section 22.  Subsection (2) of section 212.0515,

 7  Florida Statutes, is amended to read:

 8         212.0515  Sales from vending machines; sales to vending

 9  machine operators; special provisions; registration;

10  penalties.--

11         (2)  Notwithstanding any other provision of law, the

12  amount of the tax to be paid on food, beverages, or other

13  items of tangible personal property that are sold in vending

14  machines shall be calculated by dividing the gross receipts

15  from such sales for the applicable reporting period by a

16  divisor, determined as provided in this subsection, to compute

17  gross taxable sales, and then subtracting gross taxable sales

18  from gross receipts to arrive at the amount of tax due. For

19  counties that do not impose a discretionary sales surtax, the

20  divisor is equal to the sum of 1.0645 for beverage and food

21  items, or 1.0659 for other items of tangible personal

22  property., except that For counties with a 0.5 percent sales

23  surtax rate the divisor is equal to the sum of 1.0686 for

24  beverage and food items or 1.0707 for other items of tangible

25  personal property; for counties with a 0.75 percent sales

26  surtax rate the divisor is equal to the sum of 1.0706 for

27  beverage and food items or 1.0727 for other items of tangible

28  personal property; for counties with a 1 percent sales surtax

29  rate the divisor is equal to the sum of 1.0726 for beverage

30  and food items or 1.0749 for other items of tangible personal

31  property; and for counties with a 1.5 percent sales surtax


                                  30

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






    CS for SB 2482                                 Third Engrossed



 1  rate the divisor is equal to the sum of 1.0767 for beverage

 2  and food items or 1.0791 for other items of tangible personal

 3  property; and for counties with a 2 percent sales surtax rate

 4  the divisor is equal to the sum of 1.0808 for beverage and

 5  food items or 1.0833 for other items of tangible personal

 6  property. When a county imposes a surtax rate that is not

 7  listed in this subparagraph, the department shall make the

 8  applicable divisor available in an electronic format or

 9  otherwise. Additional divisors shall bear the same

10  mathematical relationship to the next higher and next lower

11  divisors as the new surtax rate bears to the next higher and

12  next lower surtax rates for which divisors have been

13  established. If an operator cannot account for each type of

14  item sold through a vending machine, the highest tax rate

15  shall be used for all products sold through that machine.

16         Section 23.  Paragraphs (g), (h), (n), and (o) of

17  subsection (5) of section 212.08, Florida Statutes, are

18  amended, and paragraph (eee) is added to subsection (7), to

19  read:

20         212.08  Sales, rental, use, consumption, distribution,

21  and storage tax; specified exemptions.--The sale at retail,

22  the rental, the use, the consumption, the distribution, and

23  the storage to be used or consumed in this state of the

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

26         (5)  EXEMPTIONS; ACCOUNT OF USE.--

27         (g)  Building materials used in the rehabilitation of

28  real property located in an enterprise zone.--

29         1.  Building materials used in the rehabilitation of

30  real property located in an enterprise zone shall be exempt

31  from the tax imposed by this chapter upon an affirmative


                                  31

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






    CS for SB 2482                                 Third Engrossed



 1  showing to the satisfaction of the department that the items

 2  have been used for the rehabilitation of real property located

 3  in an enterprise zone. Except as provided in subparagraph 2.,

 4  this exemption inures to the owner, lessee, or lessor of the

 5  rehabilitated real property located in an enterprise zone only

 6  through a refund of previously paid taxes. To receive a refund

 7  pursuant to this paragraph, the owner, lessee, or lessor of

 8  the rehabilitated real property located in an enterprise zone

 9  must file an application under oath with the governing body or

10  enterprise zone development agency having jurisdiction over

11  the enterprise zone where the business is located, as

12  applicable, which includes:

13         a.  The name and address of the person claiming the

14  refund.

15         b.  An address and assessment roll parcel number of the

16  rehabilitated real property in an enterprise zone for which a

17  refund of previously paid taxes is being sought.

18         c.  A description of the improvements made to

19  accomplish the rehabilitation of the real property.

20         d.  A copy of the building permit issued for the

21  rehabilitation of the real property.

22         e.  A sworn statement, under the penalty of perjury,

23  from the general contractor licensed in this state with whom

24  the applicant contracted to make the improvements necessary to

25  accomplish the rehabilitation of the real property, which

26  statement lists the building materials used in the

27  rehabilitation of the real property, the actual cost of the

28  building materials, and the amount of sales tax paid in this

29  state on the building materials. In the event that a general

30  contractor has not been used, the applicant shall provide this

31  information in a sworn statement, under the penalty of


                                  32

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






    CS for SB 2482                                 Third Engrossed



 1  perjury. Copies of the invoices which evidence the purchase of

 2  the building materials used in such rehabilitation and the

 3  payment of sales tax on the building materials shall be

 4  attached to the sworn statement provided by the general

 5  contractor or by the applicant. Unless the actual cost of

 6  building materials used in the rehabilitation of real property

 7  and the payment of sales taxes due thereon is documented by a

 8  general contractor or by the applicant in this manner, the

 9  cost of such building materials shall be an amount equal to 40

10  percent of the increase in assessed value for ad valorem tax

11  purposes.

12         f.  The identifying number assigned pursuant to s.

13  290.0065 to the enterprise zone in which the rehabilitated

14  real property is located.

15         g.  A certification by the local building code

16  inspector that the improvements necessary to accomplish the

17  rehabilitation of the real property are substantially

18  completed.

19         h.  Whether the business is a small business as defined

20  by s. 288.703(1).

21         i.  If applicable, the name and address of each

22  permanent employee of the business, including, for each

23  employee who is a resident of an enterprise zone, the

24  identifying number assigned pursuant to s. 290.0065 to the

25  enterprise zone in which the employee resides.

26         2.  This exemption inures to a city, county, other

27  governmental agency, or nonprofit community-based organization

28  through a refund of previously paid taxes if the building

29  materials used in the rehabilitation of real property located

30  in an enterprise zone are paid for from the funds of a

31  community development block grant, State Housing Initiatives


                                  33

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






    CS for SB 2482                                 Third Engrossed



 1  Partnership Program, or similar grant or loan program. To

 2  receive a refund pursuant to this paragraph, a city, county,

 3  other governmental agency, or nonprofit community-based

 4  organization must file an application which includes the same

 5  information required to be provided in subparagraph 1. by an

 6  owner, lessee, or lessor of rehabilitated real property. In

 7  addition, the application must include a sworn statement

 8  signed by the chief executive officer of the city, county,

 9  other governmental agency, or nonprofit community-based

10  organization seeking a refund which states that the building

11  materials for which a refund is sought were paid for from the

12  funds of a community development block grant, State Housing

13  Initiatives Partnership Program, or similar grant or loan

14  program.

15         3.  Within 10 working days after receipt of an

16  application, the governing body or enterprise zone development

17  agency shall review the application to determine if it

18  contains all the information required pursuant to subparagraph

19  1. or subparagraph 2. and meets the criteria set out in this

20  paragraph. The governing body or agency shall certify all

21  applications that contain the information required pursuant to

22  subparagraph 1. or subparagraph 2. and meet the criteria set

23  out in this paragraph as eligible to receive a refund. If

24  applicable, the governing body or agency shall also certify if

25  20 percent of the employees of the business are residents of

26  an enterprise zone, excluding temporary and part-time

27  employees. The certification shall be in writing, and a copy

28  of the certification shall be transmitted to the executive

29  director of the Department of Revenue. The applicant shall be

30  responsible for forwarding a certified application to the

31  department within the time specified in subparagraph 4.


                                  34

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






    CS for SB 2482                                 Third Engrossed



 1         4.  An application for a refund pursuant to this

 2  paragraph must be submitted to the department within 6 months

 3  after the rehabilitation of the property is deemed to be

 4  substantially completed by the local building code inspector

 5  or by September 1 after the rehabilitated property is first

 6  subject to assessment.

 7         5.  The provisions of s. 212.095 do not apply to any

 8  refund application made pursuant to this paragraph. Not more

 9  than one exemption through a refund of previously paid taxes

10  for the rehabilitation of real property shall be permitted for

11  any single parcel of property unless there is a change in

12  ownership, a new lessor, or a new lessee of the real property.

13  No refund shall be granted pursuant to this paragraph unless

14  the amount to be refunded exceeds $500. No refund granted

15  pursuant to this paragraph shall exceed the lesser of 97

16  percent of the Florida sales or use tax paid on the cost of

17  the building materials used in the rehabilitation of the real

18  property as determined pursuant to sub-subparagraph 1.e. or

19  $5,000, or, if no less than 20 percent of the employees of the

20  business are residents of an enterprise zone, excluding

21  temporary and part-time employees, the amount of refund

22  granted pursuant to this paragraph shall not exceed the lesser

23  of 97 percent of the sales tax paid on the cost of such

24  building materials or $10,000. A refund approved pursuant to

25  this paragraph shall be made within 30 days of formal approval

26  by the department of the application for the refund. This

27  subparagraph shall apply retroactively to July 1, 2005.

28         6.  The department shall adopt rules governing the

29  manner and form of refund applications and may establish

30  guidelines as to the requisites for an affirmative showing of

31  qualification for exemption under this paragraph.


                                  35

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






    CS for SB 2482                                 Third Engrossed



 1         7.  The department shall deduct an amount equal to 10

 2  percent of each refund granted under the provisions of this

 3  paragraph from the amount transferred into the Local

 4  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

 5  s. 212.20 for the county area in which the rehabilitated real

 6  property is located and shall transfer that amount to the

 7  General Revenue Fund.

 8         8.  For the purposes of the exemption provided in this

 9  paragraph:

10         a.  "Building materials" means tangible personal

11  property which becomes a component part of improvements to

12  real property.

13         b.  "Real property" has the same meaning as provided in

14  s. 192.001(12).

15         c.  "Rehabilitation of real property" means the

16  reconstruction, renovation, restoration, rehabilitation,

17  construction, or expansion of improvements to real property.

18         d.  "Substantially completed" has the same meaning as

19  provided in s. 192.042(1).

20         9.  This paragraph expires on the date specified in s.

21  290.016 for the expiration of the Florida Enterprise Zone Act.

22         (h)  Business property used in an enterprise zone.--

23         1.  Business property purchased for use by businesses

24  located in an enterprise zone which is subsequently used in an

25  enterprise zone shall be exempt from the tax imposed by this

26  chapter. This exemption inures to the business only through a

27  refund of previously paid taxes. A refund shall be authorized

28  upon an affirmative showing by the taxpayer to the

29  satisfaction of the department that the requirements of this

30  paragraph have been met.

31  


                                  36

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






    CS for SB 2482                                 Third Engrossed



 1         2.  To receive a refund, the business must file under

 2  oath with the governing body or enterprise zone development

 3  agency having jurisdiction over the enterprise zone where the

 4  business is located, as applicable, an application which

 5  includes:

 6         a.  The name and address of the business claiming the

 7  refund.

 8         b.  The identifying number assigned pursuant to s.

 9  290.0065 to the enterprise zone in which the business is

10  located.

11         c.  A specific description of the property for which a

12  refund is sought, including its serial number or other

13  permanent identification number.

14         d.  The location of the property.

15         e.  The sales invoice or other proof of purchase of the

16  property, showing the amount of sales tax paid, the date of

17  purchase, and the name and address of the sales tax dealer

18  from whom the property was purchased.

19         f.  Whether the business is a small business as defined

20  by s. 288.703(1).

21         g.  If applicable, the name and address of each

22  permanent employee of the business, including, for each

23  employee who is a resident of an enterprise zone, the

24  identifying number assigned pursuant to s. 290.0065 to the

25  enterprise zone in which the employee resides.

26         3.  Within 10 working days after receipt of an

27  application, the governing body or enterprise zone development

28  agency shall review the application to determine if it

29  contains all the information required pursuant to subparagraph

30  2. and meets the criteria set out in this paragraph. The

31  governing body or agency shall certify all applications that


                                  37

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






    CS for SB 2482                                 Third Engrossed



 1  contain the information required pursuant to subparagraph 2.

 2  and meet the criteria set out in this paragraph as eligible to

 3  receive a refund. If applicable, the governing body or agency

 4  shall also certify if 20 percent of the employees of the

 5  business are residents of an enterprise zone, excluding

 6  temporary and part-time employees. The certification shall be

 7  in writing, and a copy of the certification shall be

 8  transmitted to the executive director of the Department of

 9  Revenue. The business shall be responsible for forwarding a

10  certified application to the department within the time

11  specified in subparagraph 4.

12         4.  An application for a refund pursuant to this

13  paragraph must be submitted to the department within 6 months

14  after the tax is due on the business property that is

15  purchased.

16         5.  The provisions of s. 212.095 do not apply to any

17  refund application made pursuant to this paragraph. The amount

18  refunded on purchases of business property under this

19  paragraph shall be the lesser of 97 percent of the sales tax

20  paid on such business property or $5,000, or, if no less than

21  20 percent of the employees of the business are residents of

22  an enterprise zone, excluding temporary and part-time

23  employees, the amount refunded on purchases of business

24  property under this paragraph shall be the lesser of 97

25  percent of the sales tax paid on such business property or

26  $10,000. A refund approved pursuant to this paragraph shall be

27  made within 30 days of formal approval by the department of

28  the application for the refund. No refund shall be granted

29  under this paragraph unless the amount to be refunded exceeds

30  $100 in sales tax paid on purchases made within a 60-day time

31  period.


                                  38

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






    CS for SB 2482                                 Third Engrossed



 1         6.  The department shall adopt rules governing the

 2  manner and form of refund applications and may establish

 3  guidelines as to the requisites for an affirmative showing of

 4  qualification for exemption under this paragraph.

 5         7.  If the department determines that the business

 6  property is used outside an enterprise zone within 3 years

 7  from the date of purchase, the amount of taxes refunded to the

 8  business purchasing such business property shall immediately

 9  be due and payable to the department by the business, together

10  with the appropriate interest and penalty, computed from the

11  date of purchase, in the manner provided by this chapter.

12  Notwithstanding this subparagraph, business property used

13  exclusively in:

14         a.  Licensed commercial fishing vessels,

15         b.  Fishing guide boats, or

16         c.  Ecotourism guide boats

17  

18  that leave and return to a fixed location within an area

19  designated under s. 370.28 are eligible for the exemption

20  provided under this paragraph if all requirements of this

21  paragraph are met. Such vessels and boats must be owned by a

22  business that is eligible to receive the exemption provided

23  under this paragraph. This exemption does not apply to the

24  purchase of a vessel or boat.

25         8.  The department shall deduct an amount equal to 10

26  percent of each refund granted under the provisions of this

27  paragraph from the amount transferred into the Local

28  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

29  s. 212.20 for the county area in which the business property

30  is located and shall transfer that amount to the General

31  Revenue Fund.


                                  39

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






    CS for SB 2482                                 Third Engrossed



 1         9.  For the purposes of this exemption, "business

 2  property" means new or used property defined as "recovery

 3  property" in s. 168(c) of the Internal Revenue Code of 1954,

 4  as amended, except:

 5         a.  Property classified as 3-year property under s.

 6  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

 7         b.  Industrial machinery and equipment as defined in

 8  sub-subparagraph (b)6.a. and eligible for exemption under

 9  paragraph (b);

10         c.  Building materials as defined in sub-subparagraph

11  (g)8.a.; and

12         d.  Business property having a sales price of under

13  $5,000 per unit.

14         10.  This paragraph expires on the date specified in s.

15  290.016 for the expiration of the Florida Enterprise Zone Act.

16         (n)  Materials for construction of single-family homes

17  in certain areas.--

18         1.  As used in this paragraph, the term:

19         a.  "Building materials" means tangible personal

20  property that becomes a component part of a qualified home.

21         b.  "Qualified home" means a single-family home having

22  an appraised value of no more than $160,000 which is located

23  in an enterprise zone, empowerment zone, or Front Porch

24  Florida Community and which is constructed and occupied by the

25  owner thereof for residential purposes.

26         c.  "Substantially completed" has the same meaning as

27  provided in s. 192.042(1).

28         2.  Building materials used in the construction of a

29  qualified home and the costs of labor associated with the

30  construction of a qualified home are exempt from the tax

31  imposed by this chapter upon an affirmative showing to the


                                  40

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






    CS for SB 2482                                 Third Engrossed



 1  satisfaction of the department that the requirements of this

 2  paragraph have been met. This exemption inures to the owner

 3  through a refund of previously paid taxes. To receive this

 4  refund, the owner must file an application under oath with the

 5  department which includes:

 6         a.  The name and address of the owner.

 7         b.  The address and assessment roll parcel number of

 8  the home for which a refund is sought.

 9         c.  A copy of the building permit issued for the home.

10         d.  A certification by the local building code

11  inspector that the home is substantially completed.

12         e.  A sworn statement, under penalty of perjury, from

13  the general contractor licensed in this state with whom the

14  owner contracted to construct the home, which statement lists

15  the building materials used in the construction of the home

16  and the actual cost thereof, the labor costs associated with

17  such construction, and the amount of sales tax paid on these

18  materials and labor costs. If a general contractor was not

19  used, the owner shall provide this information in a sworn

20  statement, under penalty of perjury. Copies of invoices

21  evidencing payment of sales tax must be attached to the sworn

22  statement.

23         f.  A sworn statement, under penalty of perjury, from

24  the owner affirming that he or she is occupying the home for

25  residential purposes.

26         3.  An application for a refund under this paragraph

27  must be submitted to the department within 6 months after the

28  date the home is deemed to be substantially completed by the

29  local building code inspector. Within 30 working days after

30  receipt of the application, the department shall determine if

31  it meets the requirements of this paragraph. A refund approved


                                  41

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






    CS for SB 2482                                 Third Engrossed



 1  pursuant to this paragraph shall be made within 30 days after

 2  formal approval of the application by the department. The

 3  provisions of s. 212.095 do not apply to any refund

 4  application made under this paragraph.

 5         4.  The department shall establish by rule an

 6  application form and criteria for establishing eligibility for

 7  exemption under this paragraph.

 8         5.  The exemption shall apply to purchases of materials

 9  on or after July 1, 2000.

10         (o)  Building materials in redevelopment projects.--

11         1.  As used in this paragraph, the term:

12         a.  "Building materials" means tangible personal

13  property that becomes a component part of a housing project or

14  a mixed-use project.

15         b.  "Housing project" means the conversion of an

16  existing manufacturing or industrial building to housing units

17  in an urban high-crime area, enterprise zone, empowerment

18  zone, Front Porch Community, designated brownfield area, or

19  urban infill area and in which the developer agrees to set

20  aside at least 20 percent of the housing units in the project

21  for low-income and moderate-income persons or the construction

22  in a designated brownfield area of affordable housing for

23  persons described in s. 420.0004(8), (10), (11), or (15) or in

24  s. 159.603(7).

25         c.  "Mixed-use project" means the conversion of an

26  existing manufacturing or industrial building to mixed-use

27  units that include artists' studios, art and entertainment

28  services, or other compatible uses. A mixed-use project must

29  be located in an urban high-crime area, enterprise zone,

30  empowerment zone, Front Porch Community, designated brownfield

31  area, or urban infill area, and the developer must agree to


                                  42

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






    CS for SB 2482                                 Third Engrossed



 1  set aside at least 20 percent of the square footage of the

 2  project for low-income and moderate-income housing.

 3         d.  "Substantially completed" has the same meaning as

 4  provided in s. 192.042(1).

 5         2.  Building materials used in the construction of a

 6  housing project or mixed-use project are exempt from the tax

 7  imposed by this chapter upon an affirmative showing to the

 8  satisfaction of the department that the requirements of this

 9  paragraph have been met. This exemption inures to the owner

10  through a refund of previously paid taxes. To receive this

11  refund, the owner must file an application under oath with the

12  department which includes:

13         a.  The name and address of the owner.

14         b.  The address and assessment roll parcel number of

15  the project for which a refund is sought.

16         c.  A copy of the building permit issued for the

17  project.

18         d.  A certification by the local building code

19  inspector that the project is substantially completed.

20         e.  A sworn statement, under penalty of perjury, from

21  the general contractor licensed in this state with whom the

22  owner contracted to construct the project, which statement

23  lists the building materials used in the construction of the

24  project and the actual cost thereof, and the amount of sales

25  tax paid on these materials. If a general contractor was not

26  used, the owner shall provide this information in a sworn

27  statement, under penalty of perjury. Copies of invoices

28  evidencing payment of sales tax must be attached to the sworn

29  statement.

30         3.  An application for a refund under this paragraph

31  must be submitted to the department within 6 months after the


                                  43

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






    CS for SB 2482                                 Third Engrossed



 1  date the project is deemed to be substantially completed by

 2  the local building code inspector. Within 30 working days

 3  after receipt of the application, the department shall

 4  determine if it meets the requirements of this paragraph. A

 5  refund approved pursuant to this paragraph shall be made

 6  within 30 days after formal approval of the application by the

 7  department. The provisions of s. 212.095 do not apply to any

 8  refund application made under this paragraph.

 9         4.  The department shall establish by rule an

10  application form and criteria for establishing eligibility for

11  exemption under this paragraph.

12         5.  The exemption shall apply to purchases of materials

13  on or after July 1, 2000.

14         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

15  any entity by this chapter do not inure to any transaction

16  that is otherwise taxable under this chapter when payment is

17  made by a representative or employee of the entity by any

18  means, including, but not limited to, cash, check, or credit

19  card, even when that representative or employee is

20  subsequently reimbursed by the entity. In addition, exemptions

21  provided to any entity by this subsection do not inure to any

22  transaction that is otherwise taxable under this chapter

23  unless the entity has obtained a sales tax exemption

24  certificate from the department or the entity obtains or

25  provides other documentation as required by the department.

26  Eligible purchases or leases made with such a certificate must

27  be in strict compliance with this subsection and departmental

28  rules, and any person who makes an exempt purchase with a

29  certificate that is not in strict compliance with this

30  subsection and the rules is liable for and shall pay the tax.

31  The department may adopt rules to administer this subsection.


                                  44

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






    CS for SB 2482                                 Third Engrossed



 1         (eee)  Certain delivery charges.--Separately stated

 2  charges that can be avoided at the option of the purchaser for

 3  the delivery, inspection, placement, or removal from packaging

 4  or shipping materials of furniture or appliances by the

 5  selling dealer at the premises of the purchaser or the removal

 6  of similar items from the premises of the purchaser are

 7  exempt. If any charge for delivery, inspection, placement, or

 8  removal of furniture or appliances includes the modification,

 9  assembly, or construction of such furniture or appliances,

10  then all of the charges are taxable.

11         Section 24.  Section 212.095, Florida Statutes, is

12  repealed.

13         Section 25.  Paragraph (d) of subsection (2) and

14  paragraph (c) of subsection (6) of section 212.12, Florida

15  Statutes, are amended to read:

16         212.12  Dealer's credit for collecting tax; penalties

17  for noncompliance; powers of Department of Revenue in dealing

18  with delinquents; brackets applicable to taxable transactions;

19  records required.--

20         (2)

21         (d)  Any person who makes a false or fraudulent return

22  with a willful intent to evade payment of any tax or fee

23  imposed under this chapter; any person who, after the

24  department's delivery of a written notice to the person's last

25  known address specifically alerting the person of the

26  requirement to register the person's business as a dealer,

27  intentionally fails to register the business; and any person

28  who, after the department's delivery of a written notice to

29  the person's last known address specifically alerting the

30  person of the requirement to collect tax on specific

31  transactions, intentionally fails to collect such tax, shall,


                                  45

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






    CS for SB 2482                                 Third Engrossed



 1  in addition to the other penalties provided by law, be liable

 2  for a specific penalty of 100 percent of any unreported or any

 3  uncollected the tax bill or fee and, upon conviction, for fine

 4  and punishment as provided in s. 775.082, s. 775.083, or s.

 5  775.084. Delivery of written notice may be made by certified

 6  mail, or by the use of such other method as is documented as

 7  being necessary and reasonable under the circumstances. The

 8  civil and criminal penalties imposed herein for failure to

 9  comply with a written notice alerting the person of the

10  requirement to register the person's business as a dealer or

11  to collect tax on specific transactions shall not apply if the

12  person timely files a written challenge to such notice in

13  accordance with procedures established by the department by

14  rule or the notice fails to clearly advise that failure to

15  comply with or timely challenge the notice will result in the

16  imposition of the civil and criminal penalties imposed herein.

17         1.  If the total amount of unreported or uncollected

18  taxes or fees is less than $300, the first offense resulting

19  in conviction is a misdemeanor of the second degree, the

20  second offense resulting in conviction is a misdemeanor of the

21  first degree, and the third and all subsequent offenses

22  resulting in conviction is a misdemeanor of the first degree,

23  and the third and all subsequent offenses resulting in

24  conviction are felonies of the third degree.

25         2.  If the total amount of unreported or uncollected

26  taxes or fees is $300 or more but less than $20,000, the

27  offense is a felony of the third degree.

28         3.  If the total amount of unreported or uncollected

29  taxes or fees is $20,000 or more but less than $100,000, the

30  offense is a felony of the second degree.

31  


                                  46

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






    CS for SB 2482                                 Third Engrossed



 1         4.  If the total amount of unreported or uncollected

 2  taxes or fees is $100,000 or more, the offense is a felony of

 3  the first degree.

 4         (6)

 5         (c)1.  If the records of a dealer are adequate but

 6  voluminous in nature and substance, the department may sample

 7  such records, except for fixed assets, and project the audit

 8  findings derived therefrom over the entire audit period to

 9  determine the proportion that taxable retail sales bear to

10  total retail sales or the proportion that taxable purchases

11  bear to total purchases. In order to conduct such a sample,

12  the department must first make a good faith effort to reach an

13  agreement with the dealer, which agreement provides for the

14  means and methods to be used in the sampling process.  In the

15  event that no agreement is reached, the dealer is entitled to

16  a review by the executive director. In the case of fixed

17  assets, a dealer may agree in writing with the department for

18  adequate but voluminous records to be statistically sampled.

19  Such an agreement shall provide for the methodology to be used

20  in the statistical sampling process. The audit findings

21  derived therefrom shall be projected over the period

22  represented by the sample in order to determine the proportion

23  that taxable purchases bear to total purchases. Once an

24  agreement has been signed, it is final and conclusive with

25  respect to the method of sampling fixed assets, and the

26  department may not conduct a detailed audit of fixed assets

27  and the taxpayer may not request a detailed audit after the

28  agreement is reached.

29         2.  For the purposes of sampling pursuant to

30  subparagraph 1., the department shall project any deficiencies

31  and overpayments derived therefrom over the entire audit


                                  47

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






    CS for SB 2482                                 Third Engrossed



 1  period. In determining the dealer's compliance, the department

 2  shall reduce any tax deficiency as derived from the sample by

 3  the amount of any overpayment derived from the sample. In the

 4  event the department determines from the sample results that

 5  the dealer has a net tax overpayment, the department shall

 6  provide the findings of this overpayment to the Chief

 7  Financial Officer for repayment of funds paid into the State

 8  Treasury through error pursuant to s. 215.26.

 9         3.a.  A taxpayer is entitled, both in connection with

10  an audit and in connection with an application for refund

11  filed independently of any audit, to establish the amount of

12  any refund or deficiency through statistical sampling when the

13  taxpayer's records, other than those regarding fixed assets,

14  are adequate but voluminous. In the case of fixed assets, a

15  dealer may agree in writing with the department for adequate

16  but voluminous records to be statistically sampled. Such an

17  agreement shall provide for the methodology to be used in the

18  statistical sampling process. The audit findings derived

19  therefrom shall be projected over the period represented by

20  the sample in order to determine the proportion that taxable

21  purchases bear to total purchases. Once an agreement has been

22  signed, it is final and conclusive with respect to the method

23  of sampling fixed assets, and the department may not conduct a

24  detailed audit of fixed assets and the taxpayer may not

25  request a detailed audit after the agreement is reached.

26         b.  Alternatively, a taxpayer is entitled to establish

27  any refund or deficiency through any other sampling method

28  agreed upon by the taxpayer and the department when the

29  taxpayer's records, other than those regarding fixed assets,

30  are adequate but voluminous. Whether done through statistical

31  sampling or any other sampling method agreed upon by the


                                  48

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






    CS for SB 2482                                 Third Engrossed



 1  taxpayer and the department, the completed sample must reflect

 2  both overpayments and underpayments of taxes due. The sample

 3  shall be conducted through:

 4         (I)  A taxpayer request to perform the sampling through

 5  the certified audit program pursuant to s. 213.285;

 6         (II)  Attestation by a certified public accountant as

 7  to the adequacy of the sampling method utilized and the

 8  results reached using such sampling method; or

 9         (III)  A sampling method that has been submitted by the

10  taxpayer and approved by the department before a refund claim

11  is submitted. This sub-sub-subparagraph does not prohibit a

12  taxpayer from filing a refund claim prior to approval by the

13  department of the sampling method; however, a refund claim

14  submitted before the sampling method has been approved by the

15  department cannot be a complete refund application pursuant to

16  s. 213.255 until the sampling method has been approved by the

17  department.

18         c.b.  The department shall prescribe by rule the

19  procedures to be followed under each method of sampling. Such

20  procedures shall follow generally accepted auditing procedures

21  for sampling. The rule shall also set forth other criteria

22  regarding the use of sampling, including, but not limited to,

23  training requirements that must be met before a sampling

24  method may be utilized and the steps necessary for the

25  department and the taxpayer to reach agreement on a sampling

26  method submitted by the taxpayer for approval by the

27  department.

28         Section 26.  The amendments to s. 212.12(6)(c), Florida

29  Statutes, shall take effect on July 1, 2007. It is the intent

30  of the Legislature that the amendments to s. 212.12(6)(c),

31  Florida Statutes, apply to all pending sales and use tax


                                  49

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






    CS for SB 2482                                 Third Engrossed



 1  audits or other actions or inquiries, excluding those

 2  currently under protest or in litigation. The amendments to s.

 3  212.12(6)(c), Florida Statutes, do not create any right to

 4  refund for taxes previously assessed and paid in regard to

 5  audits or other actions or inquiries that are no longer

 6  pending.

 7         Section 27.  (1)  In coordination with financial

 8  institutions doing business in this state, the Department of

 9  Revenue may design and implement a pilot program for

10  identifying account holders against whose property the

11  department has issued a warrant or filed a judgment lien

12  certificate. Under the program, the department may enter into

13  agreements with financial institutions, as defined in s.

14  409.25657, Florida Statutes, to develop and operate a data

15  match system that uses automated data exchanges to the maximum

16  extent feasible.

17         (2)  A financial institution is not liable and is not

18  required to provide notice to its customers:

19         (a)  For disclosure of any information for purposes of

20  this program; or

21         (b)  For any other action taken in good faith to

22  participate in this program.

23         (3)  The department may request from a financial

24  institution information and assistance to enable the

25  department to design and implement the program. The department

26  shall administer this program in conjunction with s.

27  409.25657, Florida Statutes, in order to reduce the burden of

28  participation on financial institutions. The department shall

29  pay a reasonable fee to participating financial institutions

30  for participating in this program, but the fee may not exceed

31  the actual costs incurred by such financial institution. All


                                  50

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






    CS for SB 2482                                 Third Engrossed



 1  financial records obtained pursuant to this section may be

 2  disclosed only for the purpose of determining the feasibility

 3  of the program. The department may not engage in collection

 4  activities based upon the information received under this

 5  program.

 6         (4)  The department shall report its findings and

 7  recommendations on the feasibility of permanently establishing

 8  the data match program to the Government Efficiency and

 9  Accountability Council of the House of Representatives and the

10  Committee on Finance and Tax of the Senate on or before

11  January 1, 2008.

12         Section 28.  Paragraph (a) of subsection (16) of

13  section 213.053, Florida Statutes, is amended to read:

14         213.053  Confidentiality and information sharing.--

15         (16)(a)  The department may disclose Confidential

16  taxpayer information may be shared with contained in returns,

17  reports, accounts, or declarations filed with the department

18  by persons subject to any state or local tax to the child

19  support enforcement program, which may use the information for

20  purposes of program administration, to assist in the location

21  of parents who owe or potentially owe a duty of support, as

22  defined in s. 409.2554, pursuant to Title IV-D of the Social

23  Security Act, their assets, their income, and their employer,

24  and with to the Department of Children and Family Services for

25  the purpose of diligent search activities pursuant to chapter

26  39.

27         Section 29.  Paragraph (d) of subsection (3) of section

28  213.21, Florida Statutes, is amended to read:

29         213.21  Informal conferences; compromises.--

30         (3)

31  


                                  51

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






    CS for SB 2482                                 Third Engrossed



 1         (d)  A taxpayer's liability for the service fee

 2  required by s. 215.34(2) may be settled or compromised if it

 3  is determined that the dishonored check, draft, or order was

 4  returned due to an unintentional error committed by the

 5  issuing financial institution, the taxpayer, or the department

 6  and the unintentional error is substantiated by the

 7  department. The department shall maintain records of all

 8  compromises, and the records shall state the basis for the

 9  compromise.

10         Section 30.  Effective January 1, 2008, subsection (1)

11  of section 213.755, Florida Statutes, is amended to read:

12         213.755  Filing of returns and payment of taxes by

13  electronic means.--

14         (1)  The executive director of the Department of

15  Revenue shall have authority to require a taxpayer to file

16  returns and remit payments by electronic means where the

17  taxpayer is subject to tax and has paid that tax in the prior

18  state fiscal year in an amount of $20,000 $30,000 or more. Any

19  taxpayer who operates two or more places of business for which

20  returns are required to be filed with the department shall

21  combine the tax payments for all such locations in order to

22  determine whether they are obligated under this section. This

23  subsection does not override additional requirements in any

24  provision of a revenue law which the department has the

25  responsibility for regulating, controlling, and administering.

26         Section 31.  Subsection (2) of section 220.21, Florida

27  Statutes, is amended, and subsection (3) is added to that

28  section, to read:

29         220.21  Returns and records; regulations.--

30         (2)  A taxpayer who is required to file its federal

31  income tax return by electronic means on a separate or


                                  52

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






    CS for SB 2482                                 Third Engrossed



 1  consolidated basis shall file returns required by this chapter

 2  by electronic means. For the reasons described in s.

 3  213.755(9), the department may waive the requirement to file a

 4  return by electronic means for taxpayers that are unable to

 5  comply despite good faith efforts or due to circumstances

 6  beyond the taxpayer's reasonable control. The provisions of

 7  this subsection are in addition to the requirements of s.

 8  213.755 to electronically file returns and remit payments

 9  required under this chapter. A taxpayer may choose to file a

10  return required by this code in a form initiated through a

11  telephonic or electronic data interchange using an advanced

12  encrypted transmission by means of the Internet or other

13  suitable transmission. The department may shall prescribe by

14  rule the format and instructions necessary for electronic such

15  filing to ensure a full collection of taxes due. In addition

16  to the authority granted under s. 213.755, the acceptable

17  method of transfer, the method, form, and content of the

18  electronic data interchange, and the means, if any, by which

19  the taxpayer will be provided with an acknowledgment may shall

20  be prescribed by the department. In the case of any failure to

21  comply with the electronic-filing requirements of this

22  subsection, a penalty shall be added to the amount of tax due

23  with such return equal to 5 percent of the amount of such tax

24  for the first 30 days the return is not filed electronically,

25  with an additional 5 percent of such tax for each additional

26  month or fraction thereof, not to exceed $250 in the

27  aggregate. The department may settle or compromise the penalty

28  pursuant to s. 213.21. This penalty is in addition to any

29  other penalty that may be applicable and shall be assessed,

30  collected, and paid in the same manner as taxes.

31  


                                  53

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






    CS for SB 2482                                 Third Engrossed



 1         (3)  In addition to its authority under s. 213.755, the

 2  department may adopt rules requiring or allowing taxpayers to

 3  use an electronic-filing system to file returns required by

 4  subsection (2), including any electronic systems developed by

 5  the Internal Revenue Service. Rulemaking authority requiring

 6  electronic filing is limited to the federal corporate income

 7  tax filing threshold for electronic filing as it exists on

 8  January 1, 2007.

 9         Section 32.  The amendments made by this act to s.

10  220.21(2), Florida Statutes, apply to returns due on or after

11  January 1, 2008.

12         Section 33.  Paragraph (d) of subsection (1) and

13  paragraph (c) of subsection (4) of section 443.1216, Florida

14  Statutes, are amended to read:

15         443.1216  Employment.--Employment, as defined in s.

16  443.036, is subject to this chapter under the following

17  conditions:

18         (1)

19         (d)  If two or more related corporations concurrently

20  employ the same individual and compensate the individual

21  through a common paymaster, each related corporation is

22  considered to have paid wages to the individual only in the

23  amounts actually disbursed by that corporation to the

24  individual and is not considered to have paid the wages

25  actually disbursed to the individual by another of the related

26  corporations. The Agency for Workforce Innovation and the

27  state agency providing unemployment tax collection services

28  may adopt rules necessary to administer this paragraph.

29         1.  As used in this paragraph, the term "common

30  paymaster" means a member of a group of related corporations

31  that disburses wages to concurrent employees on behalf of the


                                  54

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






    CS for SB 2482                                 Third Engrossed



 1  related corporations and that is responsible for keeping

 2  payroll records for those concurrent employees. A common

 3  paymaster is not required to disburse wages to all the

 4  employees of the related corporations; however, this

 5  subparagraph does not apply to wages of concurrent employees

 6  which are not disbursed through a common paymaster. A common

 7  paymaster must pay concurrently employed individuals under

 8  this subparagraph by one combined paycheck.

 9         2.  As used in this paragraph, the term "concurrent

10  employment" means the existence of simultaneous employment

11  relationships between an individual and related corporations.

12  Those relationships require the performance of services by the

13  employee for the benefit of the related corporations,

14  including the common paymaster, in exchange for wages that, if

15  deductible for the purposes of federal income tax, are

16  deductible by the related corporations.

17         3.  Corporations are considered related corporations

18  for an entire calendar quarter if they satisfy any one of the

19  following tests at any time during the calendar quarter:

20         a.  The corporations are members of a "controlled group

21  of corporations" as defined in s. 1563 of the Internal Revenue

22  Code of 1986 or would be members if paragraph 1563(a)(4) and

23  subsection 1563(b) did not apply.

24         b.  In the case of a corporation that does not issue

25  stock, at least 50 percent of the members of the board of

26  directors or other governing body of one corporation are

27  members of the board of directors or other governing body of

28  the other corporation or the holders of at least 50 percent of

29  the voting power to select those members are concurrently the

30  holders of at least 50 percent of the voting power to select

31  those members of the other corporation.


                                  55

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






    CS for SB 2482                                 Third Engrossed



 1         c.  At least 50 percent of the officers of one

 2  corporation are concurrently officers of the other

 3  corporation.

 4         d.  At least 30 percent of the employees of one

 5  corporation are concurrently employees of the other

 6  corporation.

 7         4.  The common paymaster must report to the tax

 8  collection service provider, as part of the unemployment

 9  compensation quarterly tax and wage report, the state

10  unemployment compensation account number and name of each

11  related corporation for which concurrent employees are being

12  reported. Failure to timely report this information shall

13  result in the related corporations being denied common

14  paymaster status for that calendar quarter.

15         5.  The common paymaster also has the primary

16  responsibility for remitting contributions due under this

17  chapter for the wages it disburses as the common paymaster.

18  The common paymaster must compute these contributions as

19  though it were the sole employer of the concurrently employed

20  individuals. If a common paymaster fails to timely remit these

21  contributions or reports, in whole or in part, the common

22  paymaster remains liable for the full amount of the unpaid

23  portion of these contributions. In addition, each of the other

24  related corporations using the common paymaster is jointly and

25  severally liable for its appropriate share of these

26  contributions. Each related corporation's share equals the

27  greater of:

28         a.  The liability of the common paymaster under this

29  chapter, after taking into account any contributions made.

30         b.  The liability under this chapter which,

31  notwithstanding this section, would have existed for the wages


                                  56

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






    CS for SB 2482                                 Third Engrossed



 1  from the other related corporations, reduced by an allocable

 2  portion of any contributions previously paid by the common

 3  paymaster for those wages.

 4         (4)  For purposes of subsections (2) and (3), the

 5  employment subject to this chapter does not apply to service

 6  performed:

 7         (c)  In the employ of a public employer if the service

 8  is performed by an individual in the exercise of duties:

 9         1.  As an elected official.

10         2.  As a member of a legislative body, or a member of

11  the judiciary, of a state or a political subdivision of a

12  state.

13         3.  As an employee serving on a temporary basis in case

14  of fire, storm, snow, earthquake, flood, or similar emergency.

15         4.  In a position that, under state law, is designated

16  as a major nontenured policymaking or advisory position,

17  including any major nontenured policymaking or advisory a

18  position in the Senior Management Service created under s.

19  110.402, or a policymaking or advisory position for which the

20  duties do not ordinarily require more than 8 hours per week.

21         5.  As an election official or election worker if the

22  amount of remuneration received by the individual during the

23  calendar year for those services is less than $1,000.

24         Section 34.  Subsection (2) of section 443.1316,

25  Florida Statutes, is amended to read:

26         443.1316  Unemployment tax collection services;

27  interagency agreement.--

28         (2)(a)  The Department of Revenue is considered to be

29  administering a revenue law of this state when the department

30  implements this chapter, or otherwise provides unemployment

31  


                                  57

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






    CS for SB 2482                                 Third Engrossed



 1  tax collection services, under contract with the Agency for

 2  Workforce Innovation through the interagency agreement.

 3         (b)  Sections 213.015(1),(2),(3),(5),(6),(7),(9)-(19),

 4  (21), 213.018, 213.025, 213.051, 213.053, 213.0535, 213.055,

 5  213.071, 213.10, 213.21(4), 213.2201, 213.23, 213.24, 213.25,

 6  213.24(2), 213.27, 213.28, 213.285, 213.34(1),(3), and (4),

 7  213.37, 213.50, 213.67, 213.69, 213.73, 213.733, 213.74, and

 8  213.757 apply to the collection of unemployment contributions

 9  and reimbursements by the Department of Revenue unless

10  prohibited by federal law.

11         (c)  The Department of Revenue may charge no more than

12  10 percent of the total cost of the interagency agreement for

13  the overhead or indirect costs, or for any other costs not

14  required for the payment of the direct costs, of providing

15  unemployment tax collection services.

16         Section 35.  Paragraph (b) of subsection (1) of section

17  443.141, Florida Statutes, is amended to read:

18         443.141  Collection of contributions and

19  reimbursements.--

20         (1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS.--

21         (b)  Penalty for delinquent reports.--

22         1.  An employing unit that fails to file any report

23  required by the Agency for Workforce Innovation or its tax

24  collection service provider, in accordance with rules for

25  administering this chapter, shall pay to the tax collection

26  service provider for each delinquent report the sum of $25 for

27  each 30 days or fraction thereof that the employing unit is

28  delinquent, unless the agency or its service provider,

29  whichever required the report, finds that the employing unit

30  has or had good reason for failure to file the report. The

31  agency or its service provider may assess penalties only


                                  58

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






    CS for SB 2482                                 Third Engrossed



 1  through the date of the issuance of the final assessment

 2  notice. However, additional penalties accrue if the delinquent

 3  report is subsequently filed.

 4         2.  Sums collected as penalties under subparagraph 1.

 5  must be deposited in the Special Employment Security

 6  Administration Trust Fund.

 7         3.  The penalty and interest for a delinquent report

 8  may be waived when the penalty or interest is inequitable. The

 9  provisions of s. 213.24(1) apply to any penalty or interest

10  that is imposed under this section.

11         Section 36.  Subsection (3) is added to section

12  624.511, Florida Statutes, to read:

13         624.511  Tax statement; overpayments.--

14         (3)(a)  If it appears, upon examination of an insurance

15  premium tax return made under this chapter, that an amount of

16  insurance premium tax has been paid in excess of the amount

17  due, the Department of Revenue may refund the amount of the

18  overpayment to the taxpayer by a warrant of the Chief

19  Financial Officer. The Department of Revenue may refund the

20  overpayment without regard to whether the taxpayer has filed a

21  written claim for a refund; however, the Department of Revenue

22  may request that the taxpayer file a statement affirming that

23  the taxpayer made the overpayment.

24         (b)  Notwithstanding paragraph (a), a refund of the

25  insurance premium tax may not be made, and a taxpayer is not

26  entitled to bring an action for a refund of the insurance

27  premium tax, after the period specified in s. 215.26(2) has

28  elapsed.

29         (c)  If a refund issued by the Department of Revenue

30  under this subsection is found to exceed the amount of refund

31  legally due to the taxpayer, the provisions of s. 624.5092


                                  59

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






    CS for SB 2482                                 Third Engrossed



 1  concerning penalties and interest do not apply if the taxpayer

 2  reimburses the department for any overpayment within 60 days

 3  after the taxpayer is notified that the overpayment was made.

 4         Section 37.  Subsections (4) and (5) are added to

 5  section 832.062, Florida Statutes, to read:

 6         832.062  Prosecution for worthless checks, drafts,

 7  debit card orders, or electronic funds transfers made to pay

 8  any tax or associated amount administered by the Department of

 9  Revenue.--

10         (4)(a)  In any prosecution or action under this

11  section, the making, drawing, uttering, or delivery of a

12  check, draft, order; the making, sending, instructing,

13  ordering, or initiating of any electronic funds transfer; or

14  causing the making, sending, instructing, ordering, or

15  initiating of any electronic transfer payment, any of which

16  are refused by the drawee because of lack of funds or credit,

17  is prima facie evidence of intent to defraud or knowledge of

18  insufficient funds in, or credit with, such bank, banking

19  institution, trust company, or other depository, unless the

20  maker, drawer, sender, instructor, orderer, or initiator, or

21  someone for him or her, has paid the holder thereof the amount

22  due thereon, together with a service charge, which may not

23  exceed the service fees authorized under s. 832.08(5), or an

24  amount of up to 5 percent of the face amount of the check or

25  the amount of the electronic funds transfer, whichever is

26  greater, within 15 days after written notice has been sent to

27  the address printed on the check, or given or on file at the

28  time of issuance, that such check, draft, order, or electronic

29  funds transfer has not been paid to the holder thereof, and

30  has paid the bank fees incurred by the holder. In the event of

31  legal action for recovery, the maker, drawer, sender,


                                  60

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






    CS for SB 2482                                 Third Engrossed



 1  instructor, orderer, or initiator may be additionally liable

 2  for court costs and reasonable attorney's fees. Notice mailed

 3  by certified or registered mail that is evidenced by return

 4  receipt, or by first-class mail that is evidenced by an

 5  affidavit of service of mail, to the address printed on the

 6  check or given or on file at the time of issuance shall be

 7  deemed sufficient and equivalent to notice having been

 8  received by the maker, drawer, sender, instructor, orderer, or

 9  initiator, whether such notice is returned undelivered or not.

10  The form of the notice shall be substantially as follows:

11  

12         "You are hereby notified that a check or

13         electronic funds transfer, numbered _____, in

14         the face amount of $_____, issued or initiated

15         by you on (date) , drawn upon  (name of bank) ,

16         and payable to _____, has been dishonored.

17         Pursuant to Florida law, you have 15 days

18         following the date of this notice to tender

19         payment of the full amount of such check or

20         electronic funds transfer plus a service charge

21         of $25, if the face value does not exceed $50;

22         $30, if the face value exceeds $50 but does not

23         exceed $300; $40, if the face value exceeds

24         $300; or an amount of up to 5 percent of the

25         face amount of the check, whichever is greater,

26         the total amount due being $_____ and _____

27         cents. Unless this amount is paid in full

28         within the time specified above, the holder of

29         such check or electronic funds transfer may

30         turn over the dishonored check or electronic

31         funds transfer and all other available


                                  61

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






    CS for SB 2482                                 Third Engrossed



 1         information relating to this incident to the

 2         state attorney for criminal prosecution. You

 3         may be additionally liable in a civil action

 4         for triple the amount of the check or

 5         electronic funds transfer, but in no case less

 6         than $50, together with the amount of the check

 7         or electronic funds transfer, a service charge,

 8         court costs, reasonable attorney's fees, and

 9         incurred bank fees, as provided in s. 68.065,

10         Florida Statutes."

11  

12  Subsequent persons receiving a check, draft, order, or

13  electronic funds transfer from the original payee or a

14  successor endorsee have the same rights that the original

15  payee has against the maker of the instrument if the

16  subsequent persons give notice in a substantially similar form

17  to that provided above. Subsequent persons providing such

18  notice are immune from civil liability for the giving of such

19  notice and for proceeding under the forms of such notice so

20  long as the maker of the instrument has the same defenses

21  against these subsequent persons as against the original

22  payee. However, the remedies available under this section may

23  be exercised only by one party in interest.

24         (b)  When a check, draft, order, or electronic funds

25  transfer is drawn on a bank in which the maker, drawer,

26  sender, instructor, orderer, or initiator has no account or a

27  closed account, it shall be presumed that the check, draft, or

28  order was issued, or the electronic funds transfer was

29  initiated, with intent to defraud, and the notice requirement

30  set forth in this section shall be waived.

31  


                                  62

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






    CS for SB 2482                                 Third Engrossed



 1         (c)  This subsection does not apply if it is determined

 2  that the dishonored check, draft, order, or electronic funds

 3  transfer was refused due to an unintentional error committed

 4  by the drawee, maker, drawer, sender, instructor, orderer,

 5  initiator, or holder, and the unintentional error is

 6  substantiated.

 7         (5)(a)  In any prosecution or action under this

 8  section, a check, draft, order, or electronic funds transfer

 9  for which the information required in paragraph (b) is

10  available at the time of issuance constitutes prima facie

11  evidence of the identity of the person issuing the check,

12  draft, order, or electronic funds transfer and that such

13  person is authorized to draw upon the named account.

14         (b)  To establish this prima facie evidence:

15         1.  If a check or electronic funds transfer is received

16  by the Department of Revenue through the mail or by delivery

17  to a representative of the Department of Revenue or by

18  electronic means, the prima facie evidence referred to in

19  paragraph (a) may be established by presenting the original

20  tax return, certificate, license, application for certificate

21  or license, enrollment and authorization for the e-services

22  program, or other document relating to amounts owed by that

23  person or taxpayer which the check or electronic funds

24  transfer purports to pay for, bearing the signature of the

25  person who signed the check or electronic signature of the

26  person who initiated the electronic funds transfer, or by

27  presenting a copy of the information required in subparagraph

28  2. which is on file with the accepter of the check or

29  electronic funds transfer together with the signature or

30  electronic signature of the person presenting the check or

31  initiating the electronic funds transfer. The use of taxpayer


                                  63

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






    CS for SB 2482                                 Third Engrossed



 1  information for purposes of establishing the identity of a

 2  person under this paragraph shall be deemed a use of such

 3  information for official purposes.

 4         2.  The person accepting such check or electronic funds

 5  transfer must obtain the following information regarding the

 6  identity of the person presenting the check: the presenter's

 7  or initiator's full name, residence address, home telephone

 8  number, business telephone number, place of employment,

 9  gender, date of birth, and height.

10         Section 38.  Reimbursement of ad valorem taxes levied

11  on residential property rendered uninhabitable due to

12  tornadoes.--

13         (1)  If a house or other residential building or

14  structure that has been granted the homestead exemption under

15  s. 196.031, Florida Statutes, is damaged so that it is

16  rendered uninhabitable due to a tornado on February 2, 2007,

17  the ad valorem taxes levied for that house or other

18  residential building for the 2007 tax year shall be partially

19  reimbursed in the following manner:

20         (a)  An application must be filed by the owner, on or

21  before February 1 of the year following the year in which the

22  tornado occurred, with the property appraiser in the county

23  where the property is located. Failure to file such

24  application on or before the applicable deadline constitutes a

25  waiver of any claim for partial reimbursement under this

26  section. The application must be filed in the manner and form

27  prescribed by the property appraiser.

28         (b)  The application, attested to under oath, must

29  identify the property rendered uninhabitable by a tornado, the

30  date the damage occurred, and the number of days the property

31  was uninhabitable after the damage occurred. Documentation


                                  64

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






    CS for SB 2482                                 Third Engrossed



 1  supporting the claim that the property was uninhabitable must

 2  accompany the application. Such documentation may include, but

 3  is not limited to, utility bills, insurance information,

 4  contractors' statements, building permit applications, or

 5  building inspection certificates of occupancy.

 6         (c)  Upon receipt of the application, the property

 7  appraiser shall investigate the statements contained in the

 8  application to determine whether the applicant is entitled to

 9  a partial reimbursement under this section. If the property

10  appraiser determines that the applicant is entitled to such

11  reimbursement, the property appraiser shall calculate the

12  reimbursement amount. The reimbursement shall be an amount

13  equal to the total ad valorem taxes levied on the homestead

14  property for the applicable tax year, multiplied by a ratio

15  equal to the number of days the property was uninhabitable

16  after the damage occurred in the applicable year divided by

17  365. However, the amount of reimbursement may not exceed

18  $1,500.

19         (d)  The property appraiser shall compile a list of

20  property owners entitled to a partial reimbursement. The list

21  shall be submitted to the Department of Revenue no later than

22  March 1 of the year following the year in which the tornado

23  occurred through an electronic, web-based application provided

24  by the department.

25         (e)  Upon receipt of the reimbursement lists from the

26  property appraisers, the department shall disburse

27  reimbursement checks from its Administrative Trust Fund in the

28  amounts and to the persons indicated in the reimbursement

29  lists received from the property appraisers. Before disbursing

30  any reimbursement checks, the department shall determine the

31  total amount of all reimbursement requests submitted by the


                                  65

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






    CS for SB 2482                                 Third Engrossed



 1  property appraisers. If the total amount of reimbursements

 2  requested exceeds the amount available for that purpose, the

 3  department shall reduce all reimbursement checks by a

 4  percentage sufficient to reduce total reimbursement payments

 5  to an amount equal to the appropriation, less any amount

 6  retained pursuant to paragraph (2)(c).

 7         (f)  As used in this section, the term "uninhabitable"

 8  means a building or structure cannot be used during a period

 9  of 60 days or more for the purpose for which it was

10  constructed. However, if a property owner is living in an

11  uninhabitable structure because alternative living quarters

12  are unavailable, the owner is eligible for reimbursement as

13  provided in this section.

14         (2)(a)  The property appraiser shall notify the

15  applicant by mail if the property appraiser determines that

16  the applicant is not entitled to receive the reimbursement

17  that he or she applied for under this section. Such

18  notification shall be made on or before March 1 of the year

19  following the year in which the tornado occurred. If an

20  applicant's application for reimbursement is not fully

21  granted, the applicant may file a petition with the value

22  adjustment board for review of that decision. The petition

23  must be filed with the value adjustment board on or before the

24  30th day after the mailing of the notice by the property

25  appraiser.

26         (b)  The value adjustment board shall consider these

27  petitions as expeditiously as possible.

28         (c)  By April 1 of the year following the year in which

29  the tornado occurred, the property appraiser shall notify the

30  department of the total amount of reimbursements denied for

31  which a petition with the value adjustment board has been


                                  66

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






    CS for SB 2482                                 Third Engrossed



 1  filed. The department shall retain an amount equal to the

 2  total amount of claims for which petitions had been filed with

 3  the value adjustment board or $922,500, whichever is less. The

 4  retained amount shall be used for the purpose of paying those

 5  claims that were denied by the property appraiser but granted

 6  by a value adjustment board. The department shall distribute

 7  the remaining funds in accordance with the provisions of

 8  paragraph (1)(e) to those property owners whose applications

 9  for reimbursement were granted by the property appraiser.

10         (d)  The department may not pay claims for

11  reimbursement from the retained funds until all appeals to the

12  value adjustment board have become final. The property

13  appraiser for each county submitting a list of homeowners

14  entitled to reimbursement under this section shall notify the

15  department after all appeals to the value adjustment board of

16  that county have become final. If reimbursements made under

17  paragraph (1)(e) were reduced by the department,

18  reimbursements granted by value adjustment boards shall be

19  reduced by the same percentage.

20         (3)  Any person who knowingly and willfully gives false

21  information for the purpose of claiming reimbursement under

22  this section commits a misdemeanor of the first degree,

23  punishable as provided in s. 775.082, Florida Statutes, or by

24  a fine not exceeding $5,000, or both.

25         Section 39.  Reimbursement for sales taxes paid on

26  mobile homes purchased to replace mobile homes damaged by a

27  tornado.--

28         (1)  If a mobile home is purchased to replace a mobile

29  home that experienced major damage from a tornado that

30  occurred on December 25, 2006, or February 2, 2007, and if the

31  damaged mobile home was the permanent residence of a permanent


                                  67

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






    CS for SB 2482                                 Third Engrossed



 1  resident of this state, the state sales tax paid on the

 2  purchase of the replacement mobile home shall be reimbursed in

 3  the following manner:

 4         (a)  An application must be filed on or before October

 5  1, 2007, by the owner with the property appraiser in the

 6  county where the damaged mobile home was located. Failure to

 7  file such application on or before October 1, 2007,

 8  constitutes a waiver of any claim for reimbursement under this

 9  section. The application must be filed in the manner and form

10  prescribed by the property appraiser.

11         (b)  The application, attested to under oath, must

12  identify the mobile home that experienced major damage from a

13  tornado that occurred on December 25, 2006, or February 2,

14  2007, and the date the damage occurred. Documentation of major

15  damage and a copy of the invoice for the replacement mobile

16  home must accompany the application. Such documentation may

17  include, but is not limited to, insurance information or

18  information from the Federal Emergency Management Agency or

19  the American Red Cross attesting to the major damage of the

20  mobile home.

21         (c)  Upon receipt of the application, the property

22  appraiser shall investigate the statements contained in the

23  application to determine whether the applicant is entitled to

24  reimbursement under this section. If the property appraiser

25  determines that the applicant is entitled to reimbursement,

26  the property appraiser shall calculate the reimbursement

27  amount. The reimbursement shall be an amount equal to the

28  state sales tax paid on the purchase price of the replacement

29  mobile home, as determined by the tax tables of the Department

30  of Revenue, which amount may not exceed $1,500.

31  


                                  68

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






    CS for SB 2482                                 Third Engrossed



 1         (d)  The property appraiser shall compile a list of

 2  mobile home owners entitled to reimbursement under this

 3  section. The list shall be submitted to the Department of

 4  Revenue by November 1, 2007, through an electronic, web-based

 5  application provided by the department.

 6         (e)  Upon receipt of the reimbursement lists from the

 7  property appraisers, the department shall disburse

 8  reimbursement checks from its Administrative Trust Fund in the

 9  amounts and to the persons indicated in the reimbursement

10  lists received from the property appraisers. Before disbursing

11  any reimbursement checks, the department shall determine the

12  total amount of all reimbursement requests submitted by the

13  property appraisers. If the total amount of reimbursements

14  requested exceeds the amount available for that purpose, the

15  department shall reduce all reimbursement checks by a

16  percentage sufficient to reduce total reimbursement payments

17  to an amount equal to the appropriation, less any amount

18  retained pursuant to paragraph (2)(c).

19         (f)  As used in this section, the term:

20         1.  "Major damage" means that a mobile home is more

21  than 50-percent destroyed or that a mobile home cannot be

22  inhabited and cannot be repaired for less than the amount of

23  its value before the December 25, 2006, or February 2, 2007,

24  tornado.

25         2.  "Mobile home" means a mobile home as defined in s.

26  320.01(2)(a), Florida Statutes, a manufactured home as defined

27  in s. 320.01(2)(b), Florida Statutes, or a trailer as defined

28  in s. 320.08(10), Florida Statutes.

29         3.  "Permanent residence" and "permanent resident" have

30  the same meanings as provided in s. 196.012, Florida Statutes.

31  


                                  69

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






    CS for SB 2482                                 Third Engrossed



 1         (2)(a)  The property appraiser shall notify the

 2  applicant by mail if the property appraiser determines that

 3  the applicant is not entitled to receive the reimbursement

 4  that he or she applied for under this section. Such

 5  notification shall be made on or before November 1, 2007. If

 6  an applicant's application for reimbursement is not fully

 7  granted, the applicant may file a petition with the value

 8  adjustment board for review of that decision. The petition

 9  must be filed with the value adjustment board on or before the

10  30th day after the mailing of the notice by the property

11  appraiser.

12         (b)  The value adjustment board shall consider these

13  petitions as expeditiously as possible.

14         (c)  By December 1, 2007, the property appraiser shall

15  notify the department of the total amount of reimbursements

16  denied for which a petition with the value adjustment board

17  has been filed. The department shall retain an amount equal to

18  the total amount of claims for which petitions had been filed

19  with the value adjustment board, or $309,000, whichever is

20  less. The retained amount shall be used for the purpose of

21  paying claims that were denied by the property appraiser but

22  granted by a value adjustment board. The department shall

23  distribute the remaining funds in accordance with the

24  provisions of paragraph (1)(e) to mobile home owners whose

25  applications for reimbursement were granted by the property

26  appraiser.

27         (d)  The department may not pay claims for

28  reimbursement from the retained funds until all appeals to the

29  value adjustment board have become final. The property

30  appraiser for each county submitting a list of homeowners

31  entitled to reimbursement under this section shall notify the


                                  70

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






    CS for SB 2482                                 Third Engrossed



 1  department after all appeals to the value adjustment board of

 2  that county have become final. If reimbursements made under

 3  paragraph (1)(e) were reduced by the department,

 4  reimbursements granted by value adjustment boards shall be

 5  reduced by the same percentage.

 6         (3)  Any person who claims reimbursement under section

 7  38 of this act is not eligible for the reimbursement provided

 8  by this section.

 9         (4)  Any person who knowingly and willfully gives false

10  information for the purpose of claiming a reimbursement under

11  this section commits a misdemeanor of the first degree,

12  punishable as provided in s. 775.082, Florida Statutes, or by

13  a fine not exceeding $5,000, or both.

14         Section 40.  Notwithstanding the provisions of s.

15  216.301, Florida Statutes, and in accordance with s. 216.351,

16  Florida Statutes, the Executive Office of the Governor shall,

17  on July 1, 2008, certify forward all unexpended funds

18  appropriated pursuant to this act.

19         Section 41.  It is the intent of the Legislature that

20  payments made to residents under sections 38 and 39 of this

21  act shall be considered disaster-relief assistance within the

22  meaning of s. 139 of the Internal Revenue Code.

23         Section 42.  (1)  The sum of $922,500 is appropriated

24  from the General Revenue Fund to the Administrative Trust Fund

25  of the Department of Revenue for purposes of paying a partial

26  reimbursement of property taxes as provided in section 38 of

27  this act.

28         (2)  The sum of $309,000 is appropriated from the

29  General Revenue Fund to the Administrative Trust Fund of the

30  Department of Revenue for the purposes of paying sales tax

31  reimbursements as provided in section 39 of this act.


                                  71

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






    CS for SB 2482                                 Third Engrossed



 1  

 2         Section 43.  Except as otherwise expressly provided in

 3  this act and except for this section, which shall take effect

 4  upon becoming a law, this act shall take effect July 1, 2007.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  72

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