Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 2788

516968

593-06048A-08

Proposed Committee Substitute by the Committee on Finance and Tax

1

A bill to be entitled

2

An act relating to tax administration; amending s. 72.011,

3

F.S.; revising the time for commencing actions to contest

4

a tax matter; amending s. 125.0104, F.S.; revising the

5

list of living quarters or accommodations that are subject

6

to taxation; providing definitions; providing for taxation

7

of regulated short-term products; providing that the

8

occupancy of a timeshare resort and membership or

9

transaction fee paid by a timeshare owner are not a

10

privilege subject to taxation; providing that

11

consideration paid for the purchase of a timeshare license

12

in a timeshare plan is rent subject to taxation;

13

authorizing the Department of Revenue to establish audit

14

procedures and to access for delinquent taxes; requiring

15

the person operating transient accommodations to

16

separately state the tax charged on a receipt or other

17

documentation; providing that persons facilitating the

18

booking of reservations are not required to separately

19

state tax amounts charged; requiring that such amounts be

20

remitted as tax and classified as county funds; specifying

21

that certain provisions of the act are clarifying and

22

remedial in nature and are not a basis for assessments of

23

tax or for refunds of tax for periods before the effective

24

date of the act; amending s. 192.0105, F.S.; revising the

25

list of tax-related forms that a taxpayer has a right to

26

keep confidential; amending s. 196.192; providing that

27

educational institutions owned by exempt entities are also

28

exempt from ad valorem taxation; amending s. 201.02, F.S.;

29

requiring a notation indicating a nonprofit's exemption

30

from the documentary stamp tax; amending s. 202.125, F.S.;

31

providing an exemption from the communications services

32

tax for communications services used for a pari-mutuel

33

permitholder's simulcasting and intertrack wagering

34

activities; providing for retroactive application;

35

amending ss. 212.03 and 212.0305, F.S.; revising the list

36

of living quarters or sleeping or housekeeping

37

accommodations that are subject to taxation; providing

38

definitions; providing for taxation of regulated short-

39

term products; providing that the occupancy of an

40

accommodation of a timeshare resort and membership or

41

transaction fee paid by a timeshare owner is not a

42

privilege subject to taxation; providing that

43

consideration paid for the purchase of a timeshare license

44

in a timeshare plan is rent subject to taxation; requiring

45

the person operating transient accommodations to

46

separately state the tax charged on a receipt or other

47

documentation; providing that persons facilitating the

48

booking of reservations are not required to separately

49

state tax amounts charged; requiring that such amounts be

50

remitted as tax and classified as county funds; specifying

51

that certain provisions of the act are clarifying and

52

remedial in nature and are not a basis for assessments of

53

tax or for refunds of tax for periods before the effective

54

date of the act; amending s. 212.031, F.S.; conforming a

55

cross-reference; amending s. 212.07, F.S.; conforming a

56

cross-reference; providing penalties for knowingly failing

57

to collect taxes due; amending s. 212.08, F.S.; revising

58

provisions relating to the tax exemption for building

59

materials used to rehabilitate real property in enterprise

60

zones; providing an exemption from the sales and use tax

61

for an aircraft that is temporarily used in this state;

62

providing that proof of temporary usage may be shown by

63

specific documentation; amending s. 212.12, F.S.; revising

64

penalties for failing to report taxes due; amending s.

65

212.18, F.S.; revising penalties for failing to register

66

as a dealer; amending s. 213.015, F.S.; conforming a

67

cross-reference; amending s. 213.053, F.S.; revising

68

provisions relating to confidentiality; authorizing the

69

Department of Revenue to send certain general information

70

to taxpayers by electronic means; deleting a provision

71

that allows the disclosure of certain information to the

72

Chief Financial Officer; authorizing the department to

73

provide taxpayer information to the Division of Hotels and

74

Restaurants; providing an additional exception from the

75

public-records exemption; authorizing the Department of

76

Revenue to publish a list of delinquent taxpayers;

77

authorizing the department to adopt rules; creating s.

78

213.0532, F.S.; requiring financial institutions to enter

79

into agreements with the department to conduct data

80

matches to identify delinquent taxpayers; providing

81

definitions; requiring the department to pay a fee to

82

cover the cost to the institution; providing immunity from

83

liability for certain actions by the institution;

84

authorizing the department to institute civil actions;

85

authorizing the department to adopt rules; amending s.

86

213.25, F.S.; clarifying that the department's authority

87

to reduce tax refunds or credits by the amount of other

88

taxes owed applies to unemployment compensation taxes;

89

amending s. 213.67, F.S.; revising the time for commencing

90

actions to contest a tax levy; creating s. 213.691, F.S.;

91

authorizing the Department of Revenue to issue or file

92

integrated warrants and judgment lien certificates;

93

creating s. 213.692, F.S.; authorizing the department to

94

file a single consolidated tax warrant for multiple taxes

95

due and to revoke a taxpayer's certificate of registration

96

if the taxpayer owes any taxes to the state; requiring a

97

cash deposit or other security for issuing a new

98

certificate of registration; authorizing the department to

99

adopt rules; authorizing emergency rules; creating s.

100

213.758, F.S.; assigning tax liability when property is

101

transferred; requiring a taxpayer who quits the business

102

without benefit of a purchaser to make a final return and

103

full payment within a specified period; providing for the

104

Department of Legal Affairs to issue an injunction;

105

specifying a transferee's liability for tax, interest, and

106

penalties; authorizing the Department of Revenue to adopt

107

rules; amending s. 220.193, F.S.; allowing a corporation

108

that owns a partnership or limited liability company that

109

produces and sells electricity from a new or expanded

110

renewable energy facility to claim a renewable energy

111

production credit; providing for proration among multiple

112

owners; providing for retroactive application; amending s.

113

220.21, F.S.; revising provisions relating to the

114

electronic filing of corporate taxes; providing for

115

retroactivity; amending s. 336.021, F.S.; revising the

116

order for distributing the local option fuel tax revenues;

117

amending s. 443.1215, F.S.; revising a cross-reference;

118

amending s. 443.1316, F.S.; conforming provisions to

119

changes made by the act; amending s. 443.141, F.S.;

120

providing penalties for erroneous, incomplete, or

121

insufficient unemployment compensation tax reports filed

122

by employers; providing a statute of limitation on liens

123

for the collection of unpaid unemployment taxes; amending

124

s. 509.261, F.S.; authorizing the Division of Hotels and

125

Restaurants to fine, suspend, or revoke a license for

126

violating state tax laws; amending s. 624.509, F.S.;

127

deleting the alternative salary tax credit calculation for

128

mutual holding companies; repealing s. 213.054, F.S.,

129

relating to a report naming persons who claim a deduction

130

for the net earnings of an international banking facility;

131

providing for retroactive application of specified

132

provisions; providing effective dates.

133

134

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

135

136

     Section 1.  Paragraph (a) of subsection (2) of section

137

72.011, Florida Statutes, is amended to read:

138

     72.011  Jurisdiction of circuit courts in specific tax

139

matters; administrative hearings and appeals; time for commencing

140

action; parties; deposits.--

141

     (2)(a)  An action may not be brought to contest an

142

assessment of any tax, interest, or penalty assessed under a

143

section or chapter specified in subsection (1) if the petition is

144

postmarked or the action is filed more than 60 days after the

145

date the assessment becomes final. An action may not be brought

146

to contest a denial of refund of any tax, interest, or penalty

147

paid under a section or chapter specified in subsection (1) if

148

the petition is postmarked or the action is filed more than 60

149

days after the date the denial becomes final.

150

     Section 2.  Subsection (3) of section 125.0104, Florida

151

Statutes, is amended to read:

152

     125.0104  Tourist development tax; procedure for levying;

153

authorized uses; referendum; enforcement.--

154

     (3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--

155

     (a)  It is declared to be the intent of the Legislature that

156

every person who rents, leases, or lets for consideration any

157

living quarters or accommodations in any hotel, apartment hotel,

158

motel, resort motel, apartment, apartment motel, roominghouse,

159

mobile home park, recreational vehicle park, or condominium, or

160

timeshare resort for a term of 6 months or less is exercising a

161

privilege which is subject to taxation under this section, unless

162

such person rents, leases, or lets for consideration any living

163

quarters or accommodations which are exempt according to the

164

provisions of chapter 212.

165

     (b) As used in this section, the terms "consideration,"

166

"rental," and "rents" mean the amount received by a person

167

operating transient accommodations for the use or securing the

168

use of any living quarters or sleeping or housekeeping

169

accommodations in, from, or a part of, or in connection with any

170

hotel, apartment house, roominghouse, timeshare resort, tourist

171

or trailer camp, mobile home park, recreational vehicle park, or

172

condominium. The term "person operating transient accommodations"

173

means the person conducting the daily affairs of the physical

174

facilities furnishing transient accommodations who is responsible

175

for providing the services commonly associated with operating the

176

facilities furnishing transient accommodations regardless of

177

whether such commonly associated services are provided by third

178

parties. The terms "consideration" and "rents" do not include

179

payments received by unrelated persons for facilitating the

180

booking of reservations for or on behalf of the lessees or

181

licensees at hotels, apartment houses, roominghouses, timeshare

182

resorts, tourist or trailer camps, mobile home parks,

183

recreational vehicle parks, or condominiums in this state.

184

"Unrelated person" means a person who is not in the same

185

affiliated group of corporations pursuant to s. 1504 of the

186

Internal Revenue Code of 1986, as amended.

187

     (c) Tax shall be due on the consideration paid for

188

occupancy in the county pursuant to a regulated short-term

189

product, as defined in chapter 721, or occupancy in the county

190

pursuant to a product that would be deemed a regulated short-term

191

product if the agreement to purchase the short-term right were

192

executed in this state. Such tax shall be collected on the last

193

day of occupancy within the county unless the consideration is

194

applied to the purchase of a timeshare estate. Notwithstanding

195

paragraphs (a) and (b), the occupancy of an accommodation of a

196

timeshare resort pursuant to a timeshare plan, a multisite

197

timeshare plan, or an exchange transaction in an exchange

198

program, as defined in chapter 721, by the owner of a timeshare

199

interest or such owner's guest, which guest is not paying

200

monetary consideration to the owner or to a third party for the

201

benefit of the owner, is not a privilege subject to taxation

202

under this section. A membership or transaction fee paid by a

203

timeshare owner which does not provide the timeshare owner with

204

the right to occupy any specific timeshare unit but merely

205

provides the timeshare owner with the opportunity to exchange a

206

timeshare interest through an exchange program is a service

207

charge and is not subject to taxation.

208

     (d) Consideration paid for the purchase of a timeshare

209

license in a timeshare plan, as defined in chapter 721, is rent

210

subject to taxation under this section.

211

     (e)(b) Subject to the provisions of this section, any county

212

in this state may levy and impose a tourist development tax on the

213

exercise within its boundaries of the taxable privilege described

214

in paragraph (a), except that there shall be no additional levy

215

under this section in any cities or towns presently imposing a

216

municipal resort tax as authorized under chapter 67-930, Laws of

217

Florida, and this section shall not in any way affect the powers

218

and existence of any tourist development authority created pursuant

219

to chapter 67-930, Laws of Florida. No county authorized to levy a

220

convention development tax pursuant to s. 212.0305, or to s. 8 of

221

chapter 84-324, Laws of Florida, shall be allowed to levy more than

222

the 2-percent tax authorized by this section. A county may elect to

223

levy and impose the tourist development tax in a subcounty special

224

district of the county. However, if a county so elects to levy and

225

impose the tax on a subcounty special district basis, the district

226

shall embrace all or a significant contiguous portion of the

227

county, and the county shall assist the Department of Revenue in

228

identifying the rental units subject to tax in the district.

229

     (f)(c) The tourist development tax shall be levied,

230

imposed, and set by the governing board of the county at a rate

231

of 1 percent or 2 percent of each dollar and major fraction of

232

each dollar of the total consideration charged for such lease or

233

rental. When receipt of consideration is by way of property other

234

than money, the tax shall be levied and imposed on the fair

235

market value of such nonmonetary consideration.

236

     (g)(d) In addition to any 1-percent or 2-percent tax

237

imposed under paragraph (f) (c), the governing board of the

238

county may levy, impose, and set an additional 1 percent of each

239

dollar above the tax rate set under paragraph (f) (c) by the

240

extraordinary vote of the governing board for the purposes set

241

forth in subsection (5) or by referendum approval by the

242

registered electors within the county or subcounty special

243

district. No county shall levy, impose, and set the tax

244

authorized under this paragraph unless the county has imposed the

245

1-percent or 2-percent tax authorized under paragraph (f) (c) for

246

a minimum of 3 years prior to the effective date of the levy and

247

imposition of the tax authorized by this paragraph. Revenues

248

raised by the additional tax authorized under this paragraph

249

shall not be used for debt service on or refinancing of existing

250

facilities as specified in subparagraph (5)(a)1. unless approved

251

by a resolution adopted by an extraordinary majority of the total

252

membership of the governing board of the county. If the 1-percent

253

or 2-percent tax authorized in paragraph (f) (c) is levied within

254

a subcounty special taxing district, the additional tax

255

authorized in this paragraph shall only be levied therein. The

256

provisions of paragraphs (4)(a)-(d) shall not apply to the

257

adoption of the additional tax authorized in this paragraph. The

258

effective date of the levy and imposition of the tax authorized

259

under this paragraph shall be the first day of the second month

260

following approval of the ordinance by the governing board or the

261

first day of any subsequent month as may be specified in the

262

ordinance. A certified copy of such ordinance shall be furnished

263

by the county to the Department of Revenue within 10 days after

264

approval of such ordinance.

265

     (h)(e) The tourist development tax shall be in addition to

266

any other tax imposed pursuant to chapter 212 and in addition to

267

all other taxes and fees and the consideration for the rental or

268

lease.

269

     (i)(f) The tourist development tax shall be charged by the

270

person receiving the consideration for the lease or rental, and

271

it shall be collected from the lessee, tenant, or customer at the

272

time of payment of the consideration for such lease or rental.

273

     (j)(g) The person receiving the consideration for such

274

rental or lease shall receive, account for, and remit the tax to

275

the Department of Revenue at the time and in the manner provided

276

for persons who collect and remit taxes under s. 212.03. The same

277

duties and privileges imposed by chapter 212 upon dealers in

278

tangible property, respecting the collection and remission of

279

tax; the making of returns; the keeping of books, records, and

280

accounts; and compliance with the rules of the Department of

281

Revenue in the administration of that chapter shall apply to and

282

be binding upon all persons who are subject to the provisions of

283

this section. However, the Department of Revenue may authorize a

284

quarterly return and payment when the tax remitted by the dealer

285

for the preceding quarter did not exceed $25.

286

     (k)(h) The Department of Revenue shall keep records showing

287

the amount of taxes collected, which records shall also include

288

records disclosing the amount of taxes collected for and from

289

each county in which the tax authorized by this section is

290

applicable. These records shall be open for inspection during the

291

regular office hours of the Department of Revenue, subject to the

292

provisions of s. 213.053.

293

     (l)(i) Collections received by the Department of Revenue

294

from the tax, less costs of administration of this section, shall

295

be paid and returned monthly to the county which imposed the tax,

296

for use by the county in accordance with the provisions of this

297

section. They shall be placed in the county tourist development

298

trust fund of the respective county, which shall be established

299

by each county as a condition precedent to receipt of such funds.

300

     (m)(j) The Department of Revenue may is authorized to

301

employ persons and incur other expenses for which funds are

302

appropriated by the Legislature.

303

     (n)(k) The Department of Revenue shall adopt promulgate

304

such rules and shall prescribe and publish such forms as may be

305

necessary to effectuate the purposes of this section. The

306

department may establish audit procedures to assess for

307

delinquent taxes. The person operating transient accommodations

308

shall state the tax separately from the rental charged on the

309

receipt, invoice, or other documentation issued with respect to

310

charges for transient accommodations. Persons facilitating the

311

booking of reservations who are unrelated to the person operating

312

the transient accommodations in which the reservation is booked

313

are not required to separately state amounts charged on the

314

receipt, invoice, or other documentation issued by the person

315

facilitating the booking of the reservation. Any amounts

316

specifically collected as a tax are county funds and must be

317

remitted as tax.

318

     (o)(l) In addition to any other tax which is imposed

319

pursuant to this section, a county may impose up to an additional

320

1-percent tax on the exercise of the privilege described in

321

paragraph (a) by majority vote of the governing board of the

322

county in order to:

323

     1.  Pay the debt service on bonds issued to finance the

324

construction, reconstruction, or renovation of a professional

325

sports franchise facility, or the acquisition, construction,

326

reconstruction, or renovation of a retained spring training

327

franchise facility, either publicly owned and operated, or

328

publicly owned and operated by the owner of a professional sports

329

franchise or other lessee with sufficient expertise or financial

330

capability to operate such facility, and to pay the planning and

331

design costs incurred prior to the issuance of such bonds.

332

     2.  Pay the debt service on bonds issued to finance the

333

construction, reconstruction, or renovation of a convention

334

center, and to pay the planning and design costs incurred prior

335

to the issuance of such bonds.

336

     3.  Pay the operation and maintenance costs of a convention

337

center for a period of up to 10 years. Only counties that have

338

elected to levy the tax for the purposes authorized in

339

subparagraph 2. may use the tax for the purposes enumerated in

340

this subparagraph. Any county that elects to levy the tax for the

341

purposes authorized in subparagraph 2. after July 1, 2000, may

342

use the proceeds of the tax to pay the operation and maintenance

343

costs of a convention center for the life of the bonds.

344

     4.  Promote and advertise tourism in the State of Florida

345

and nationally and internationally; however, if tax revenues are

346

expended for an activity, service, venue, or event, the activity,

347

service, venue, or event shall have as one of its main purposes

348

the attraction of tourists as evidenced by the promotion of the

349

activity, service, venue, or event to tourists.

350

351

The provision of paragraph (e) (b) which prohibits any county

352

authorized to levy a convention development tax pursuant to s.

353

212.0305 from levying more than the 2-percent tax authorized by

354

this section, and the provisions of paragraphs (4)(a)-(d), shall

355

not apply to the additional tax authorized in this paragraph. The

356

effective date of the levy and imposition of the tax authorized

357

under this paragraph shall be the first day of the second month

358

following approval of the ordinance by the governing board or the

359

first day of any subsequent month as may be specified in the

360

ordinance. A certified copy of such ordinance shall be furnished

361

by the county to the Department of Revenue within 10 days after

362

approval of such ordinance.

363

     (p)(m)1. In addition to any other tax which is imposed

364

pursuant to this section, a high tourism impact county may impose

365

an additional 1-percent tax on the exercise of the privilege

366

described in paragraph (a) by extraordinary vote of the governing

367

board of the county. The tax revenues received pursuant to this

368

paragraph shall be used for one or more of the authorized uses

369

pursuant to subsection (5).

370

     2.  A county is considered to be a high tourism impact

371

county after the Department of Revenue has certified to such

372

county that the sales subject to the tax levied pursuant to this

373

section exceeded $600 million during the previous calendar year,

374

or were at least 18 percent of the county's total taxable sales

375

under chapter 212 where the sales subject to the tax levied

376

pursuant to this section were a minimum of $200 million, except

377

that no county authorized to levy a convention development tax

378

pursuant to s. 212.0305 shall be considered a high tourism impact

379

county. Once a county qualifies as a high tourism impact county,

380

it shall retain this designation for the period the tax is levied

381

pursuant to this paragraph.

382

     3.  The provisions of paragraphs (4)(a)-(d) shall not apply

383

to the adoption of the additional tax authorized in this

384

paragraph. The effective date of the levy and imposition of the

385

tax authorized under this paragraph shall be the first day of the

386

second month following approval of the ordinance by the governing

387

board or the first day of any subsequent month as may be

388

specified in the ordinance. A certified copy of such ordinance

389

shall be furnished by the county to the Department of Revenue

390

within 10 days after approval of such ordinance.

391

     (q)(n) In addition to any other tax that is imposed under

392

this section, a county that has imposed the tax under paragraph

393

(o) (l) may impose an additional tax that is no greater than 1

394

percent on the exercise of the privilege described in paragraph

395

(a) by a majority plus one vote of the membership of the board of

396

county commissioners in order to:

397

     1.  Pay the debt service on bonds issued to finance:

398

     a.  The construction, reconstruction, or renovation of a

399

facility either publicly owned and operated, or publicly owned

400

and operated by the owner of a professional sports franchise or

401

other lessee with sufficient expertise or financial capability to

402

operate such facility, and to pay the planning and design costs

403

incurred prior to the issuance of such bonds for a new

404

professional sports franchise as defined in s. 288.1162.

405

     b.  The acquisition, construction, reconstruction, or

406

renovation of a facility either publicly owned and operated, or

407

publicly owned and operated by the owner of a professional sports

408

franchise or other lessee with sufficient expertise or financial

409

capability to operate such facility, and to pay the planning and

410

design costs incurred prior to the issuance of such bonds for a

411

retained spring training franchise.

412

     2.  Promote and advertise tourism in the State of Florida

413

and nationally and internationally; however, if tax revenues are

414

expended for an activity, service, venue, or event, the activity,

415

service, venue, or event shall have as one of its main purposes

416

the attraction of tourists as evidenced by the promotion of the

417

activity, service, venue, or event to tourists.

418

419

A county that imposes the tax authorized in this paragraph may

420

not expend any ad valorem tax revenues for the acquisition,

421

construction, reconstruction, or renovation of a facility for

422

which tax revenues are used pursuant to subparagraph 1. The

423

provision of paragraph (e) (b) which prohibits any county

424

authorized to levy a convention development tax pursuant to s.

425

212.0305 from levying more than the 2-percent tax authorized by

426

this section shall not apply to the additional tax authorized by

427

this paragraph in counties which levy convention development

428

taxes pursuant to s. 212.0305(4)(a). Subsection (4) does not

429

apply to the adoption of the additional tax authorized in this

430

paragraph. The effective date of the levy and imposition of the

431

tax authorized under this paragraph is the first day of the

432

second month following approval of the ordinance by the board of

433

county commissioners or the first day of any subsequent month

434

specified in the ordinance. A certified copy of such ordinance

435

shall be furnished by the county to the Department of Revenue

436

within 10 days after approval of the ordinance.

437

     Section 3. The amendments made by this act to s. 125.0104,

438

Florida Statutes, are intended as clarifying and remedial in

439

nature and are not a basis for assessments of tax for periods

440

before July 1, 2008, or for refunds of tax for periods before

441

July 1, 2008.

442

     Section 4.  Effective January 1, 2009, paragraph (a) of

443

subsection (4) of section 192.0105, Florida Statutes, is amended

444

to read:

445

     192.0105  Taxpayer rights.--There is created a Florida

446

Taxpayer's Bill of Rights for property taxes and assessments to

447

guarantee that the rights, privacy, and property of the taxpayers

448

of this state are adequately safeguarded and protected during tax

449

levy, assessment, collection, and enforcement processes

450

administered under the revenue laws of this state. The Taxpayer's

451

Bill of Rights compiles, in one document, brief but comprehensive

452

statements that summarize the rights and obligations of the

453

property appraisers, tax collectors, clerks of the court, local

454

governing boards, the Department of Revenue, and taxpayers.

455

Additional rights afforded to payors of taxes and assessments

456

imposed under the revenue laws of this state are provided in s.

457

213.015. The rights afforded taxpayers to assure that their

458

privacy and property are safeguarded and protected during tax

459

levy, assessment, and collection are available only insofar as

460

they are implemented in other parts of the Florida Statutes or

461

rules of the Department of Revenue. The rights so guaranteed to

462

state taxpayers in the Florida Statutes and the departmental

463

rules include:

464

     (4)  THE RIGHT TO CONFIDENTIALITY.--

465

     (a)  The right to have information kept confidential,

466

including federal tax information, ad valorem tax returns, social

467

security numbers, all financial records produced by the taxpayer,

468

Form DR-219 Return for Transfers of Interest in Real Property,

469

returns required by s. 201.022 for documentary stamp tax

470

information, and sworn statements of gross income, copies of

471

federal income tax returns for the prior year, wage and earnings

472

statements (W-2 forms), and other documents (see ss. 192.105,

473

193.074, 193.114(5), 195.027(3) and (6), and 196.101(4)(c)).

474

     Section 5.  Section 196.192, Florida Statutes, is amended to

475

read:

476

     196.192  Exemptions from ad valorem taxation.--Subject to

477

the provisions of this chapter:

478

     (1) All property owned by an exempt entity, including an

479

educational institution, and used exclusively for exempt purposes

480

shall be totally exempt from ad valorem taxation.

481

     (2) All property owned by an exempt entity, including an

482

educational institution, and used predominantly for exempt

483

purposes shall be exempted from ad valorem taxation to the extent

484

of the ratio that such predominant use bears to the nonexempt

485

use.

486

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

487

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

488

or by an exempt entity to an exempt entity for public display or

489

exhibition on a recurrent schedule is exempt from ad valorem

490

taxation if the property is loaned or leased for no consideration

491

or for nominal consideration.

492

493

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

494

being put must be considered in granting an exemption from ad

495

valorem taxation, including any economic use in addition to any

496

physical use. For purposes of this section, property owned by a

497

limited liability company, the sole member of which is an exempt

498

entity, shall be treated as if the property were owned directly

499

by the exempt entity. This section does not apply in determining

500

the exemption for property owned by governmental units pursuant

501

to s. 196.199.

502

     Section 6.  Effective January 1, 2009, subsection (6) of

503

section 201.02, Florida Statutes, is amended to read:

504

     201.02  Tax on deeds and other instruments relating to real

505

property or interests in real property.--

506

     (6)  Taxes imposed by this section shall not apply to any

507

assignment, transfer, or other disposition, or any document,

508

which arises out of a transfer of real property from a nonprofit

509

organization to the Board of Trustees of the Internal Improvement

510

Trust Fund, to any state agency, to any water management

511

district, or to any local government. For purposes of this

512

subsection, "nonprofit organization" means an organization whose

513

purpose is the preservation of natural resources and which is

514

exempt from federal income tax under s. 501(c)(3) of the Internal

515

Revenue Code. The following notation must be placed on the

516

document assigning, transferring, or otherwise disposing of the

517

property, adjacent to the official record stamp of the county, at

518

the time of its recording in the public records: "This document

519

is exempt from documentary stamp tax pursuant to s. 201.02(6),

520

F.S." The Department of Revenue shall provide a form, or a place

521

on an existing form, for the nonprofit organization to indicate

522

its exempt status.

523

     Section 7.  Effective upon this act becoming a law and

524

applicable to charges for communications services incurred on or

525

after October 1, 2001, subsection (5) is added to section

526

202.125, Florida Statutes, to read:

527

     202.125  Sales of communications services; specified

528

exemptions.--

529

     (5) The sale of communications services to a pari-mutuel

530

permitholder licensed under chapter 550 is exempt from the taxes

531

imposed or administered pursuant to ss. 202.12 and 202.19 if the

532

communications services are used for the permitholder's

533

simulcasting and intertrack wagering activities.

534

     Section 8.  Section 212.03, Florida Statutes, is amended to

535

read:

536

     212.03  Transient rentals tax; rate, procedure, enforcement,

537

exemptions.--

538

     (1)  It is hereby declared to be the legislative intent that

539

every person is exercising a taxable privilege who engages in the

540

business of renting, leasing, letting, or granting a license to

541

use any living quarters or sleeping or housekeeping

542

accommodations in, from, or a part of, or in connection with any

543

hotel, apartment house, roominghouse, or tourist or trailer camp,

544

mobile home park, recreational vehicle park, condominium, or

545

timeshare resort. However, any person who rents, leases, lets, or

546

grants a license to others to use, occupy, or enter upon any

547

living quarters or sleeping or housekeeping accommodations in

548

apartment houses, roominghouses, tourist camps, or trailer camps,

549

mobile home park, recreational vehicle park, condominium, or

550

timeshare resort, and who exclusively enters into a bona fide

551

written agreement for continuous residence for longer than 6

552

months in duration at such property is not exercising a taxable

553

privilege. For the exercise of such taxable privilege, a tax is

554

hereby levied in an amount equal to 6 percent of and on the total

555

rental charged for such living quarters or sleeping or

556

housekeeping accommodations by the person charging or collecting

557

the rental. Such tax shall apply to hotels, apartment houses,

558

roominghouses, or tourist or trailer camps, mobile home parks,

559

recreational vehicle parks, condominiums, or timeshare resorts

560

whether or not these facilities have there is in connection with

561

any of the same any dining rooms, cafes, or other places where

562

meals or lunches are sold or served to guests.

563

     (2) As used in this section, the terms "rent," "rental,"

564

"rentals," and "rental payments" mean the amount received by a

565

person operating transient accommodations for the use or securing

566

of any living quarters or sleeping or housekeeping accommodations

567

in, from, or a part of, or in connection with any hotel,

568

apartment house, roominghouse, mobile home park, recreational

569

vehicle park, condominium, timeshare resort, or tourist or

570

trailer camp. The phrase "person operating transient

571

accommodations" means the person conducting the daily affairs of

572

the physical facilities furnishing transient accommodations who

573

is responsible for providing the services commonly associated

574

with operating the facilities furnishing transient accommodations

575

regardless of whether such commonly associated services are

576

provided by third parties. The terms "consideration" and "rents"

577

do not include payments received by unrelated persons for

578

facilitating the booking of reservations for or on behalf of the

579

lessees or licensees at hotels, apartment houses, roominghouses,

580

mobile home parks, recreational vehicle parks, condominiums,

581

timeshare resorts, or tourist or trailer camps in this state.

582

"Unrelated person" means a person who is not in the same

583

affiliated group of corporations pursuant to s. 1504 of the

584

Internal Revenue Code of 1986, as amended.

585

     (3) Tax shall be due on the consideration paid for

586

occupancy in this state pursuant to a regulated short-term

587

product, as defined in chapter 721, or occupancy in this state

588

pursuant to a product that would be deemed a regulated short-term

589

product if the agreement to purchase the short-term right was

590

executed in this state. Such tax shall be collected on the last

591

day of occupancy within the state unless such consideration is

592

applied to the purchase of a timeshare estate. Notwithstanding

593

subsections (1) and (2), the occupancy of an accommodation of a

594

timeshare resort pursuant to a timeshare plan, a multisite

595

timeshare plan, or an exchange transaction in an exchange

596

program, as defined in chapter 721, by the owner of a timeshare

597

interest or such owner's guest, which guest is not paying

598

monetary consideration to the owner or to a third party for the

599

benefit of the owner, is not a privilege subject to taxation

600

under this section. A membership or transaction fee paid by a

601

timeshare owner which does not provide the timeshare owner with

602

the right to occupy any specific timeshare unit but merely

603

provides the timeshare owner with the opportunity to exchange a

604

timeshare interest through an exchange program is a service

605

charge and not subject to tax.

606

     (4) Consideration paid for the purchase of a timeshare

607

license in a timeshare plan, as defined in chapter 721, is rent

608

subject to tax under this section.

609

     (5)(2) The tax provided for herein shall be in addition to

610

the total amount of the rental, shall be charged by the lessor or

611

person operating transient accommodations subject to the tax

612

under this chapter receiving the rent in and by said rental

613

arrangement to the lessee or person paying the rental, and shall

614

be due and payable at the time of the receipt of such rental

615

payment by the lessor or person operating transient

616

accommodations, as defined in this chapter, who receives said

617

rental or payment. The owner, lessor, or person operating

618

transient accommodations receiving the rent shall remit the tax

619

to the department on the amount of rent received at the times and

620

in the manner hereinafter provided for dealers to remit taxes

621

under this chapter. The same duties imposed by this chapter upon

622

dealers in tangible personal property respecting the collection

623

and remission of the tax; the making of returns; the keeping of

624

books, records, and accounts; and the compliance with the rules

625

and regulations of the department in the administration of this

626

chapter shall apply to and be binding upon all persons who manage

627

or operate hotels, apartment houses, roominghouses, tourist and

628

trailer camps, and the rental of condominium units, and to all

629

persons who collect or receive such rents on behalf of such owner

630

or lessor taxable under this chapter. The person operating

631

transient accommodations shall separately state the tax from the

632

rental charged on the receipt, invoice, or other documentation

633

issued with respect to charges for transient accommodations.

634

Persons facilitating the booking of reservations who are

635

unrelated to the person operating the transient accommodations in

636

which the reservation is booked are not required to separately

637

state amounts charged on the receipt, invoice, or other

638

documentation issued by the person facilitating the booking of

639

the reservation. Any amounts specifically collected as a tax are

640

state funds and must be remitted as tax.

641

     (6)(3) When rentals are received by way of property, goods,

642

wares, merchandise, services, or other things of value, the tax

643

shall be at the rate of 6 percent of the value of the property,

644

goods, wares, merchandise, services, or other things of value.

645

     (7)(4) The tax levied by this section shall not apply to,

646

be imposed upon, or collected from any person who shall have

647

entered into a bona fide written lease for longer than 6 months

648

in duration for continuous residence at any one hotel, apartment

649

house, roominghouse, tourist or trailer camp, or condominium, or

650

to any person who shall reside continuously longer than 6 months

651

at any one hotel, apartment house, roominghouse, tourist or

652

trailer camp, or condominium and shall have paid the tax levied

653

by this section for 6 months of residence in any one hotel,

654

roominghouse, apartment house, tourist or trailer camp, or

655

condominium. Notwithstanding other provisions of this chapter, no

656

tax shall be imposed upon rooms provided guests when there is no

657

consideration involved between the guest and the public lodging

658

establishment. Further, any person who, on the effective date of

659

this act, has resided continuously for 6 months at any one hotel,

660

apartment house, roominghouse, tourist or trailer camp, or

661

condominium, or, if less than 6 months, has paid the tax imposed

662

herein until he or she shall have resided continuously for 6

663

months, shall thereafter be exempt, so long as such person shall

664

continuously reside at such location. The Department of Revenue

665

shall have the power to reform the rental contract for the

666

purposes of this chapter if the rental payments are collected in

667

other than equal daily, weekly, or monthly amounts so as to

668

reflect the actual consideration to be paid in the future for the

669

right of occupancy during the first 6 months.

670

     (8)(5) The tax imposed by this section shall constitute a

671

lien on the property of the lessee or rentee of any sleeping

672

accommodations in the same manner as and shall be collectible as

673

are liens authorized and imposed by ss. 713.68 and 713.69.

674

     (9)(6) It is the legislative intent that every person is

675

engaging in a taxable privilege who leases or rents parking or

676

storage spaces for motor vehicles in parking lots or garages, who

677

leases or rents docking or storage spaces for boats in boat docks

678

or marinas, or who leases or rents tie-down or storage space for

679

aircraft at airports. For the exercise of this privilege, a tax

680

is hereby levied at the rate of 6 percent on the total rental

681

charged.

682

     (10)(7)(a) Full-time students enrolled in an institution

683

offering postsecondary education and military personnel currently

684

on active duty who reside in the facilities described in

685

subsection (1) shall be exempt from the tax imposed by this

686

section. The department shall be empowered to determine what

687

shall be deemed acceptable proof of full-time enrollment. The

688

exemption contained in this subsection shall apply irrespective

689

of any other provisions of this section. The tax levied by this

690

section shall not apply to or be imposed upon or collected on the

691

basis of rentals to any person who resides in any building or

692

group of buildings intended primarily for lease or rent to

693

persons as their permanent or principal place of residence.

694

     (b)  It is the intent of the Legislature that this

695

subsection provide tax relief for persons who rent living

696

accommodations rather than own their homes, while still providing

697

a tax on the rental of lodging facilities that primarily serve

698

transient guests.

699

     (c)  The rental of facilities, as defined in s.

700

212.02(10)(f), which are intended primarily for rental as a

701

principal or permanent place of residence is exempt from the tax

702

imposed by this chapter. The rental of such facilities that

703

primarily serve transient guests is not exempt by this

704

subsection. In the application of this law, or in making any

705

determination against the exemption, the department shall

706

consider the facility as primarily serving transient guests

707

unless the facility owner makes a verified declaration on a form

708

prescribed by the department that more than half of the total

709

rental units available are occupied by tenants who have a

710

continuous residence in excess of 3 months. The owner of a

711

facility declared to be exempt by this paragraph must make a

712

determination of the taxable status of the facility at the end of

713

the owner's accounting year using any consecutive 3-month period

714

at least one month of which is in the accounting year. The owner

715

must use a selected consecutive 3-month period during each annual

716

redetermination. In the event that an exempt facility no longer

717

qualifies for exemption by this paragraph, the owner must notify

718

the department on a form prescribed by the department by the 20th

719

day of the first month of the owner's next succeeding accounting

720

year that the facility no longer qualifies for such exemption.

721

The tax levied by this section shall apply to the rental of

722

facilities that no longer qualify for exemption under this

723

paragraph beginning the first day of the owner's next succeeding

724

accounting year. The provisions of this paragraph do not apply to

725

mobile home lots regulated under chapter 723.

726

     (d)  The rental of living accommodations in migrant labor

727

camps is not taxable under this section. "Migrant labor camps"

728

are defined as one or more buildings or structures, tents,

729

trailers, or vehicles, or any portion thereof, together with the

730

land appertaining thereto, established, operated, or used as

731

living quarters for seasonal, temporary, or migrant workers.

732

     Section 9.  Subsection (3) of section 212.0305, Florida

733

Statutes, is amended to read:

734

     212.0305  Convention development taxes; intent;

735

administration; authorization; use of proceeds.--

736

     (3)  APPLICATION; ADMINISTRATION; PENALTIES.--

737

     (a)  The convention development tax on transient rentals

738

imposed by the governing body of any county authorized to so levy

739

shall apply to the amount of any payment made by any person to

740

rent, lease, or use for a period of 6 months or less any living

741

quarters or accommodations in a hotel, apartment hotel, motel,

742

resort motel, apartment, apartment motel, roominghouse, timeshare

743

resort, tourist or trailer camp, mobile home park, recreational

744

vehicle park, or condominium. When receipt of consideration is by

745

way of property other than money, the tax shall be levied and

746

imposed on the fair market value of such nonmonetary

747

consideration. Any payment made by a person to rent, lease, or

748

use any living quarters or accommodations which are exempt from

749

the tax imposed under s. 212.03 shall likewise be exempt from any

750

tax imposed under this section.

751

     (b) As used in this section, the terms "payment" and

752

"consideration" mean the amount received by a person operating

753

transient accommodations for the use or securing the use of any

754

living quarters or sleeping or housekeeping accommodations in,

755

from, or a part of, or in connection with any hotel, apartment

756

house, roominghouse, timeshare resort, or tourist or trailer

757

camp. The phrase "person operating transient accommodations"

758

means the person conducting the daily affairs of the physical

759

facilities furnishing transient accommodations who is responsible

760

for providing the services commonly associated with operating the

761

facilities furnishing transient accommodations regardless of

762

whether such commonly associated services are provided by third

763

parties. The terms "consideration" and "rents" do not include

764

payments received by unrelated persons for facilitating the

765

booking of reservations for or on behalf of the lessees or

766

licensees at hotels, apartment houses, roominghouses, mobile home

767

parks, recreational vehicle parks, condominiums, timeshare

768

resorts, or tourist or trailer camps in this state. "Unrelated

769

person" means a person who is not in the same affiliated group of

770

corporations pursuant to s. 1504 of the Internal Revenue Code of

771

1986, as amended.

772

     (c) Tax shall be due on the consideration paid for

773

occupancy in the county pursuant to a regulated short-term

774

product, as defined in chapter 721, or occupancy in the county

775

pursuant to a product that would be deemed a regulated short-term

776

product if the agreement to purchase the short-term right was

777

executed in this state. Such tax shall be collected on the last

778

day of occupancy within the county unless such consideration is

779

applied to the purchase of a timeshare estate. Notwithstanding

780

the provisions of paragraph (b), the occupancy of an

781

accommodation of a timeshare resort pursuant to a timeshare plan,

782

a multisite timeshare plan, or an exchange transaction in an

783

exchange program, as defined in chapter 721, by the owner of a

784

timeshare interest or such owner's guest, which guest is not

785

paying monetary consideration to the owner or to a third party

786

for the benefit of the owner, is not a privilege subject to

787

taxation under this section. A membership or transaction fee paid

788

by a timeshare owner which does not provide the timeshare owner

789

with the right to occupy any specific timeshare unit but merely

790

provides the timeshare owner with the opportunity to exchange a

791

timeshare interest through an exchange program is a service

792

charge and not subject to tax.

793

     (d) Consideration paid for the purchase of a timeshare

794

license in a timeshare plan, as defined in chapter 721, is rent

795

subject to tax under this section.

796

     (e)(b) The tax shall be charged by the person receiving the

797

consideration for the lease or rental, and the tax shall be

798

collected from the lessee, tenant, or customer at the time of

799

payment of the consideration for such lease or rental. The person

800

operating transient accommodations shall separately state the tax

801

from the rental charged on the receipt, invoice, or other

802

documentation issued with respect to charges for transient

803

accommodations. Persons facilitating the booking of reservations

804

who are unrelated to the person operating the transient

805

accommodations in which the reservation is booked are not

806

required to separately state amounts charged on the receipt,

807

invoice, or other documentation issued by the person facilitating

808

the booking of the reservation. Any amounts specifically

809

collected as a tax are county funds and must be remitted as tax.

810

     (f)(c) The person receiving the consideration for such

811

rental or lease shall receive, account for, and remit the tax to

812

the department at the time and in the manner provided for persons

813

who collect and remit taxes under s. 212.03. The same duties and

814

privileges imposed by this chapter upon dealers in tangible

815

property respecting the collection and remission of tax; the

816

making of returns; the keeping of books, records, and accounts;

817

and compliance with the rules of the department in the

818

administration of this chapter apply to and are binding upon all

819

persons who are subject to the provisions of this section.

820

However, the department may authorize a quarterly return and

821

payment when the tax remitted by the dealer for the preceding

822

quarter did not exceed $25.

823

     (g)(d) The department shall keep records showing the amount

824

of taxes collected, which records shall disclose the taxes

825

collected from each county in which a local government resort tax

826

is levied. These records shall be subject to the provisions of s.

827

213.053 and are confidential and exempt from the provisions of s.

828

119.07(1).

829

     (h)(e) The collections received by the department from the

830

tax, less costs of administration, shall be paid and returned

831

monthly to the county which imposed the tax, for use by the

832

county as provided in this section. Such receipts shall be placed

833

in a specific trust fund or funds created by the county.

834

     (i)(f) The department shall adopt promulgate such rules and

835

shall prescribe and publish such forms as may be necessary to

836

effectuate the purposes of this section. The department is

837

authorized to establish audit procedures and to assess for

838

delinquent taxes.

839

     (j)(g) The estimated tax provisions contained in s. 212.11

840

do not apply to the administration of any tax levied under this

841

section.

842

     (k)(h) Any person taxable under this section who, either by

843

himself or herself or through the person's agents or employees,

844

fails or refuses to charge and collect the taxes herein provided

845

from the person paying any rental or lease is, in addition to

846

being personally liable for the payment of the tax, guilty of a

847

misdemeanor of the first degree, punishable as provided in s.

848

775.082 or s. 775.083.

849

     (l)(i) A No person may not shall advertise or hold out to

850

the public in any manner, directly or indirectly, that he or she

851

will absorb all or any part of the tax; that he or she will

852

relieve the person paying the rental of the payment of all or any

853

part of the tax; or that the tax will not be added to the rental

854

or lease consideration or, if added, that the tax or any part

855

thereof will be refunded or refused, either directly or

856

indirectly, by any method whatsoever. Any person who willfully

857

violates any provision of this paragraph is guilty of a

858

misdemeanor of the first degree, punishable as provided in s.

859

775.082 or s. 775.083.

860

     (m)(j) The tax shall constitute a lien on the property of

861

the lessee, customer, or tenant in the same manner as, and shall

862

be collectible as are, liens authorized and imposed by ss.

863

713.67, 713.68, and 713.69.

864

     (n)(k) Any tax levied pursuant to this section shall be in

865

addition to any other tax imposed pursuant to this chapter and in

866

addition to all other taxes and fees and the consideration for

867

the rental or lease.

868

     (o)(l) The department shall administer the taxes levied

869

herein as increases in the rate of the tax authorized in s.

870

125.0104. The department shall collect and enforce the provisions

871

of this section and s. 125.0104 in conjunction with each other in

872

those counties authorized to levy the taxes authorized herein.

873

The department shall distribute the proceeds received from the

874

taxes levied pursuant to this section and s. 125.0104 in

875

proportion to the rates of the taxes authorized to the

876

appropriate trust funds as provided by law. In the event of

877

underpayment of the total amount due by a taxpayer pursuant to

878

this section and s. 125.0104, the department shall distribute the

879

amount received in proportion to the rates of the taxes

880

authorized to the appropriate trust funds as provided by law and

881

the penalties and interest due on both of said taxes shall be

882

applicable.

883

     Section 10. The amendments made by this act to ss. 212.03

884

and 212.0305, Florida Statutes, are intended as clarifying and

885

remedial in nature and are not a basis for assessments of tax for

886

periods before July 1, 2008, or for refunds of tax for periods

887

before July 1, 2008.

888

     Section 11.  Paragraph (a) of subsection (1) of section

889

212.031, Florida Statutes, is amended to read:

890

     212.031  Tax on rental or license fee for use of real

891

property.--

892

     (1)(a)  It is declared to be the legislative intent that

893

every person is exercising a taxable privilege who engages in the

894

business of renting, leasing, letting, or granting a license for

895

the use of any real property unless such property is:

896

     1.  Assessed as agricultural property under s. 193.461.

897

     2.  Used exclusively as dwelling units.

898

     3.  Property subject to tax on parking, docking, or storage

899

spaces under s. 212.03(9) s. 212.03(6).

900

     4.  Recreational property or the common elements of a

901

condominium when subject to a lease between the developer or

902

owner thereof and the condominium association in its own right or

903

as agent for the owners of individual condominium units or the

904

owners of individual condominium units. However, only the lease

905

payments on such property shall be exempt from the tax imposed by

906

this chapter, and any other use made by the owner or the

907

condominium association shall be fully taxable under this

908

chapter.

909

     5.  A public or private street or right-of-way and poles,

910

conduits, fixtures, and similar improvements located on such

911

streets or rights-of-way, occupied or used by a utility or

912

provider of communications services, as defined by s. 202.11, for

913

utility or communications or television purposes. For purposes of

914

this subparagraph, the term "utility" means any person providing

915

utility services as defined in s. 203.012. This exception also

916

applies to property, wherever located, on which the following are

917

placed: towers, antennas, cables, accessory structures, or

918

equipment, not including switching equipment, used in the

919

provision of mobile communications services as defined in s.

920

202.11. For purposes of this chapter, towers used in the

921

provision of mobile communications services, as defined in s.

922

202.11, are considered to be fixtures.

923

     6.  A public street or road which is used for transportation

924

purposes.

925

     7.  Property used at an airport exclusively for the purpose

926

of aircraft landing or aircraft taxiing or property used by an

927

airline for the purpose of loading or unloading passengers or

928

property onto or from aircraft or for fueling aircraft.

929

     8.a.  Property used at a port authority, as defined in s.

930

315.02(2), exclusively for the purpose of oceangoing vessels or

931

tugs docking, or such vessels mooring on property used by a port

932

authority for the purpose of loading or unloading passengers or

933

cargo onto or from such a vessel, or property used at a port

934

authority for fueling such vessels, or to the extent that the

935

amount paid for the use of any property at the port is based on

936

the charge for the amount of tonnage actually imported or

937

exported through the port by a tenant.

938

     b.  The amount charged for the use of any property at the

939

port in excess of the amount charged for tonnage actually

940

imported or exported shall remain subject to tax except as

941

provided in sub-subparagraph a.

942

     9.  Property used as an integral part of the performance of

943

qualified production services. As used in this subparagraph, the

944

term "qualified production services" means any activity or

945

service performed directly in connection with the production of a

946

qualified motion picture, as defined in s. 212.06(1)(b), and

947

includes:

948

     a.  Photography, sound and recording, casting, location

949

managing and scouting, shooting, creation of special and optical

950

effects, animation, adaptation (language, media, electronic, or

951

otherwise), technological modifications, computer graphics, set

952

and stage support (such as electricians, lighting designers and

953

operators, greensmen, prop managers and assistants, and grips),

954

wardrobe (design, preparation, and management), hair and makeup

955

(design, production, and application), performing (such as

956

acting, dancing, and playing), designing and executing stunts,

957

coaching, consulting, writing, scoring, composing,

958

choreographing, script supervising, directing, producing,

959

transmitting dailies, dubbing, mixing, editing, cutting, looping,

960

printing, processing, duplicating, storing, and distributing;

961

     b.  The design, planning, engineering, construction,

962

alteration, repair, and maintenance of real or personal property

963

including stages, sets, props, models, paintings, and facilities

964

principally required for the performance of those services listed

965

in sub-subparagraph a.; and

966

     c.  Property management services directly related to

967

property used in connection with the services described in sub-

968

subparagraphs a. and b.

969

970

This exemption will inure to the taxpayer upon presentation of

971

the certificate of exemption issued to the taxpayer under the

972

provisions of s. 288.1258.

973

     10.  Leased, subleased, licensed, or rented to a person

974

providing food and drink concessionaire services within the

975

premises of a convention hall, exhibition hall, auditorium,

976

stadium, theater, arena, civic center, performing arts center,

977

publicly owned recreational facility, or any business operated

978

under a permit issued pursuant to chapter 550. A person providing

979

retail concessionaire services involving the sale of food and

980

drink or other tangible personal property within the premises of

981

an airport shall be subject to tax on the rental of real property

982

used for that purpose, but shall not be subject to the tax on any

983

license to use the property. For purposes of this subparagraph,

984

the term "sale" shall not include the leasing of tangible

985

personal property.

986

     11.  Property occupied pursuant to an instrument calling for

987

payments which the department has declared, in a Technical

988

Assistance Advisement issued on or before March 15, 1993, to be

989

nontaxable pursuant to rule 12A-1.070(19)(c), Florida

990

Administrative Code; provided that this subparagraph shall only

991

apply to property occupied by the same person before and after

992

the execution of the subject instrument and only to those

993

payments made pursuant to such instrument, exclusive of renewals

994

and extensions thereof occurring after March 15, 1993.

995

     12.  Rented, leased, subleased, or licensed to a

996

concessionaire by a convention hall, exhibition hall, auditorium,

997

stadium, theater, arena, civic center, performing arts center, or

998

publicly owned recreational facility, during an event at the

999

facility, to be used by the concessionaire to sell souvenirs,

1000

novelties, or other event-related products. This subparagraph

1001

applies only to that portion of the rental, lease, or license

1002

payment which is based on a percentage of sales and not based on

1003

a fixed price. This subparagraph is repealed July 1, 2009.

1004

     13.  Property used or occupied predominantly for space

1005

flight business purposes. As used in this subparagraph, "space

1006

flight business" means the manufacturing, processing, or assembly

1007

of a space facility, space propulsion system, space vehicle,

1008

satellite, or station of any kind possessing the capacity for

1009

space flight, as defined by s. 212.02(23), or components thereof,

1010

and also means the following activities supporting space flight:

1011

vehicle launch activities, flight operations, ground control or

1012

ground support, and all administrative activities directly

1013

related thereto. Property shall be deemed to be used or occupied

1014

predominantly for space flight business purposes if more than 50

1015

percent of the property, or improvements thereon, is used for one

1016

or more space flight business purposes. Possession by a landlord,

1017

lessor, or licensor of a signed written statement from the

1018

tenant, lessee, or licensee claiming the exemption shall relieve

1019

the landlord, lessor, or licensor from the responsibility of

1020

collecting the tax, and the department shall look solely to the

1021

tenant, lessee, or licensee for recovery of such tax if it

1022

determines that the exemption was not applicable.

1023

     Section 12.  Paragraph (b) of subsection (1) and subsection

1024

(3) of section 212.07, Florida Statutes, are amended to read:

1025

     212.07  Sales, storage, use tax; tax added to purchase

1026

price; dealer not to absorb; liability of purchasers who cannot

1027

prove payment of the tax; penalties; general exemptions.--

1028

     (1)

1029

     (b)  A resale must be in strict compliance with s. 212.18

1030

and the rules and regulations, and any dealer who makes a sale

1031

for resale which is not in strict compliance with s. 212.18 and

1032

the rules and regulations shall himself or herself be liable for

1033

and pay the tax. Any dealer who makes a sale for resale shall

1034

document the exempt nature of the transaction, as established by

1035

rules promulgated by the department, by retaining a copy of the

1036

purchaser's resale certificate. In lieu of maintaining a copy of

1037

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

1038

sale, an authorization number provided telephonically or

1039

electronically by the department, or by such other means

1040

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

1041

resale certificate issued pursuant to s. 212.18(3)(d) s.

1042

212.18(3)(c), valid at the time of receipt from the purchaser,

1043

without seeking annual verification of the resale certificate if

1044

the dealer makes recurring sales to a purchaser in the normal

1045

course of business on a continual basis. For purposes of this

1046

paragraph, "recurring sales to a purchaser in the normal course

1047

of business" refers to a sale in which the dealer extends credit

1048

to the purchaser and records the debt as an account receivable,

1049

or in which the dealer sells to a purchaser who has an

1050

established cash or C.O.D. account, similar to an open credit

1051

account. For purposes of this paragraph, purchases are made from

1052

a selling dealer on a continual basis if the selling dealer

1053

makes, in the normal course of business, sales to the purchaser

1054

no less frequently than once in every 12-month period. A dealer

1055

may, through the informal protest provided for in s. 213.21 and

1056

the rules of the Department of Revenue, provide the department

1057

with evidence of the exempt status of a sale. Consumer

1058

certificates of exemption executed by those exempt entities that

1059

were registered with the department at the time of sale, resale

1060

certificates provided by purchasers who were active dealers at

1061

the time of sale, and verification by the department of a

1062

purchaser's active dealer status at the time of sale in lieu of a

1063

resale certificate shall be accepted by the department when

1064

submitted during the protest period, but may not be accepted in

1065

any proceeding under chapter 120 or any circuit court action

1066

instituted under chapter 72.

1067

     (3)(a) A Any dealer who fails, neglects, or refuses to

1068

collect the tax or fees imposed under this chapter herein

1069

provided, either by himself or herself or through the dealer's

1070

agents or employees, is, in addition to the penalty of being

1071

liable for and paying the tax or fees himself or herself, commits

1072

guilty of a misdemeanor of the first degree, punishable as

1073

provided in s. 775.082 or s. 775.083.

1074

     (b) A dealer who willfully fails to collect the tax or fees

1075

imposed under this chapter after the department provides notice

1076

of the duty to collect the tax or fees shall, in addition to

1077

being liable for and paying the tax or fees and for any other

1078

penalties provided by law, be liable for a specific penalty of

1079

100 percent of any uncollected tax or fees and, upon conviction,

1080

for fine and punishment as provided in s. 775.082, s. 775.083, or

1081

s. 775.084:

1082

     1. If the total amount of uncollected taxes or fees is less

1083

than $300, the first offense is a misdemeanor of the second

1084

degree, the second offense is a misdemeanor of the first degree,

1085

and the third and all subsequent offenses are felonies of the

1086

third degree.

1087

     2. If the total amount of the uncollected taxes or fees is

1088

$300 or more but less than $20,000, the offense is a felony of

1089

the third degree.

1090

     3. If the total amount of the uncollected taxes or fees is

1091

$20,000 or more but less than $100,000, the offense is a felony

1092

of the second degree.

1093

     4. If the total amount of the uncollected taxes or fees is

1094

$100,000 or more, the offense is a felony of the first degree.

1095

     (c) For the purposes of this subsection, "willful" means a

1096

voluntary, intentional violation of a known legal duty.

1097

     (d) The department shall give written notice of the duty to

1098

collect taxes or fees to the dealer by personal service; or by

1099

sending notice to the dealer by registered mail, to the dealer's

1100

last known address; or by both personal service and mailing.

1101

     Section 13.  Paragraph (g) of subsection (5) of section

1102

212.08, Florida Statutes, is amended, and paragraph (ggg) is

1103

added to subsection (7) of that section, to read:

1104

     212.08  Sales, rental, use, consumption, distribution, and

1105

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

1106

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

1107

storage to be used or consumed in this state of the following are

1108

hereby specifically exempt from the tax imposed by this chapter.

1109

     (5)  EXEMPTIONS; ACCOUNT OF USE.--

1110

     (g)  Building materials used in the rehabilitation of real

1111

property located in an enterprise zone.--

1112

     1.  Building materials used in the rehabilitation of real

1113

property located in an enterprise zone are shall be exempt from

1114

the tax imposed by this chapter upon an affirmative showing to

1115

the satisfaction of the department that the items have been used

1116

for the rehabilitation of real property located in an enterprise

1117

zone. Except as provided in subparagraph 2., this exemption

1118

inures to the owner, lessee, or lessor at the time of the

1119

rehabilitated real property located in an enterprise zone is

1120

rehabilitated, but only through a refund of previously paid

1121

taxes. To receive a refund pursuant to this paragraph, the owner,

1122

lessee, or lessor of the rehabilitated real property located in

1123

an enterprise zone must file an application under oath with the

1124

governing body or enterprise zone development agency having

1125

jurisdiction over the enterprise zone where the business is

1126

located, as applicable. A single application for refund may be

1127

submitted for multiple, contiguous parcels that were parts of a

1128

single parcel that was divided as part of the rehabilitation of

1129

the property. All other requirements of this paragraph apply to

1130

each parcel on an individual basis. The application must include,

1131

which includes:

1132

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

1133

     b.  An address and assessment roll parcel number of the

1134

rehabilitated real property in an enterprise zone for which a

1135

refund of previously paid taxes is being sought.

1136

     c.  A description of the improvements made to accomplish the

1137

rehabilitation of the real property.

1138

     d. A copy of a valid the building permit issued by the

1139

county or municipal building department for the rehabilitation of

1140

the real property.

1141

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

1142

the general contractor, licensed in this state, with whom the

1143

applicant contracted to make the improvements necessary to

1144

rehabilitate accomplish the rehabilitation of the real property,

1145

which statement lists the building materials used in the

1146

rehabilitation of the real property, the actual cost of the

1147

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

1148

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

1149

contractor has not been used, the applicant shall provide the

1150

this information in a sworn statement, under the penalty of

1151

perjury. Copies of the invoices which evidence the purchase of

1152

the building materials used in the such rehabilitation and the

1153

payment of sales tax on the building materials shall be attached

1154

to the sworn statement provided by the general contractor or by

1155

the applicant. Unless the actual cost of building materials used

1156

in the rehabilitation of real property and the payment of sales

1157

taxes due are thereon is documented by a general contractor or by

1158

the applicant in this manner, the cost of such building materials

1159

shall be an amount equal to 40 percent of the increase in

1160

assessed value for ad valorem tax purposes.

1161

     f.  The identifying number assigned pursuant to s. 290.0065

1162

to the enterprise zone in which the rehabilitated real property

1163

is located.

1164

     g.  A certification by the local building code inspector

1165

that the improvements necessary for rehabilitating to accomplish

1166

the rehabilitation of the real property are substantially

1167

completed.

1168

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

1169

s. 288.703(1).

1170

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

1171

employee of the business, including, for each employee who is a

1172

resident of an enterprise zone, the identifying number assigned

1173

pursuant to s. 290.0065 to the enterprise zone in which the

1174

employee resides.

1175

     2. This exemption inures to a municipality city, county,

1176

other governmental unit or agency, or nonprofit community-based

1177

organization through a refund of previously paid taxes if the

1178

building materials used in the rehabilitation of real property

1179

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

1180

community development block grant, State Housing Initiatives

1181

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

1182

a refund of previously paid taxes pursuant to this paragraph, a

1183

municipality city, county, other governmental unit or agency, or

1184

nonprofit community-based organization must file an application

1185

that which includes the same information required to be provided

1186

in subparagraph 1. by an owner, lessee, or lessor of

1187

rehabilitated real property. In addition, the application must

1188

include a sworn statement signed by the chief executive officer

1189

of the municipality city, county, other governmental unit or

1190

agency, or nonprofit community-based organization seeking a

1191

refund which states that the building materials for which a

1192

refund is sought were paid for from the funds of a community

1193

development block grant, State Housing Initiatives Partnership

1194

Program, or similar grant or loan program.

1195

     3.  Within 10 working days after receipt of an application,

1196

the governing body or enterprise zone development agency shall

1197

review the application to determine if it contains all the

1198

information required under pursuant to subparagraph 1. or

1199

subparagraph 2. and meets the criteria set out in this paragraph.

1200

The governing body or agency shall certify all applications that

1201

contain the required information required pursuant to

1202

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

1203

in this paragraph as eligible to receive a refund. If applicable,

1204

the governing body or agency shall also certify that if 20

1205

percent of the employees of the business are residents of an

1206

enterprise zone, excluding temporary and part-time employees. The

1207

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

1208

certification shall be transmitted to the executive director of

1209

the department of Revenue. The applicant is shall be responsible

1210

for forwarding a certified application to the department within

1211

the time specified in subparagraph 4.

1212

     4.  An application for a refund pursuant to this paragraph

1213

must be submitted to the department within 6 months after the

1214

rehabilitation of the property is deemed to be substantially

1215

completed by the local building code inspector or by September 1

1216

after the rehabilitated property is first subject to assessment.

1217

     5. Only Not more than one exemption through a refund of

1218

previously paid taxes for the rehabilitation of real property is

1219

allowed shall be permitted for any single parcel of property

1220

unless there is a change in ownership, a new lessor, or a new

1221

lessee of the real property. A No refund may not shall be granted

1222

pursuant to this paragraph unless the amount to be refunded

1223

exceeds $500. The No refund may not granted pursuant to this

1224

paragraph shall exceed the lesser of 97 percent of the Florida

1225

sales or use tax paid on the cost of the building materials used

1226

in the rehabilitation of the real property as determined pursuant

1227

to sub-subparagraph 1.e. or $5,000, or, if at least no less than

1228

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

1229

enterprise zone, excluding temporary and part-time employees, the

1230

amount of refund may granted pursuant to this paragraph shall not

1231

exceed the lesser of 97 percent of the sales tax paid on the cost

1232

of such building materials or $10,000. A refund approved pursuant

1233

to this paragraph must shall be made within 30 days after of

1234

formal approval by the department of the application for the

1235

refund. This subparagraph shall apply retroactively to July 1,

1236

2005.

1237

     6.  The department shall adopt rules governing the manner

1238

and form of refund applications and may establish guidelines as

1239

to the requisites for an affirmative showing of qualification for

1240

exemption under this paragraph.

1241

     7.  The department shall deduct an amount equal to 10

1242

percent of each refund granted under the provisions of this

1243

paragraph from the amount transferred into the Local Government

1244

Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 for

1245

the county area in which the rehabilitated real property is

1246

located and shall transfer that amount to the General Revenue

1247

Fund.

1248

     8.  For the purposes of the exemption provided in this

1249

paragraph:

1250

     a.  "Building materials" means tangible personal property

1251

that which becomes a component part of improvements to real

1252

property.

1253

     b. "Real property" has the same meaning as in s. 192.001

1254

provided in s. 192.001(12).

1255

     c.  "Rehabilitation of real property" means the

1256

reconstruction, renovation, restoration, rehabilitation,

1257

construction, or expansion of improvements to real property.

1258

     d.  "Substantially completed" has the same meaning as

1259

provided in s. 192.042(1).

1260

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

1261

290.016 for the expiration of the Florida Enterprise Zone Act.

1262

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

1263

entity by this chapter do not inure to any transaction that is

1264

otherwise taxable under this chapter when payment is made by a

1265

representative or employee of the entity by any means, including,

1266

but not limited to, cash, check, or credit card, even when that

1267

representative or employee is subsequently reimbursed by the

1268

entity. In addition, exemptions provided to any entity by this

1269

subsection do not inure to any transaction that is otherwise

1270

taxable under this chapter unless the entity has obtained a sales

1271

tax exemption certificate from the department or the entity

1272

obtains or provides other documentation as required by the

1273

department. Eligible purchases or leases made with such a

1274

certificate must be in strict compliance with this subsection and

1275

departmental rules, and any person who makes an exempt purchase

1276

with a certificate that is not in strict compliance with this

1277

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

1278

department may adopt rules to administer this subsection.

1279

     (ggg) Aircraft temporarily in state. Notwithstanding

1280

paragraph (8)(a), an aircraft is exempt from the use tax under

1281

this chapter if it enters and remains in this state for less than

1282

21 days during the 6-month period after the date of purchase. The

1283

temporary use of the aircraft and subsequent removal from the

1284

state may be proven by invoices for fuel, tie-down, or hangar

1285

charges issued by out-of-state vendors or suppliers or similar

1286

documentation.

1287

     Section 14.  Paragraph (d) of subsection (2) of section

1288

212.12, Florida Statutes, is amended to read:

1289

     212.12  Dealer's credit for collecting tax; penalties for

1290

noncompliance; powers of Department of Revenue in dealing with

1291

delinquents; brackets applicable to taxable transactions; records

1292

required.--

1293

     (2)

1294

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

1295

a willful intent to evade payment of any tax or fee imposed under

1296

this chapter; any person who, after the department's delivery of

1297

a written notice to the person's last known address specifically

1298

alerting the person of the requirement to register the person's

1299

business as a dealer, intentionally fails to register the

1300

business; and any person who, after the department's delivery of

1301

a written notice to the person's last known address specifically

1302

alerting the person of the requirement to collect tax on specific

1303

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

1304

addition to the other penalties provided by law, be liable for a

1305

specific penalty of 100 percent of any unreported or any

1306

uncollected tax or fee and, upon conviction, for fine and

1307

punishment as provided in s. 775.082, s. 775.083, or s. 775.084.

1308

Delivery of written notice may be made by certified mail, or by

1309

the use of such other method as is documented as being necessary

1310

and reasonable under the circumstances. The civil and criminal

1311

penalties imposed herein for failure to comply with a written

1312

notice alerting the person of the requirement to register the

1313

person's business as a dealer or to collect tax on specific

1314

transactions shall not apply if the person timely files a written

1315

challenge to such notice in accordance with procedures

1316

established by the department by rule or the notice fails to

1317

clearly advise that failure to comply with or timely challenge

1318

the notice will result in the imposition of the civil and

1319

criminal penalties imposed herein.

1320

     1. If the total amount of unreported or uncollected taxes

1321

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

1322

conviction is a misdemeanor of the second degree, the second

1323

offense resulting in conviction is a misdemeanor of the first

1324

degree, and the third and all subsequent offenses resulting in

1325

conviction is a misdemeanor of the first degree, and the third

1326

and all subsequent offenses resulting in conviction are felonies

1327

of the third degree.

1328

     2. If the total amount of unreported or uncollected taxes

1329

or fees is $300 or more but less than $20,000, the offense is a

1330

felony of the third degree.

1331

     3. If the total amount of unreported or uncollected taxes

1332

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

1333

a felony of the second degree.

1334

     4. If the total amount of unreported or uncollected taxes

1335

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

1336

degree.

1337

     Section 15.  Paragraphs (c), (d), and (e) of subsection (3)

1338

of section 212.18, Florida Statutes, are renumbered as paragraphs

1339

(d), (e), and (f), respectively, and paragraph (b) of that

1340

subsection is amended, to read:

1341

     212.18  Administration of law; registration of dealers;

1342

rules.--

1343

     (3)

1344

     (b) The department, upon receipt of such application, shall

1345

will grant to the applicant a separate certificate of

1346

registration for each place of business, which certificate may be

1347

canceled by the department or its designated assistants for any

1348

failure by the certificateholder to comply with any of the

1349

provisions of this chapter. The certificate is not assignable and

1350

is valid only for the person, firm, copartnership, or corporation

1351

to which issued. The certificate must be placed in a conspicuous

1352

place in the business or businesses for which it is issued and

1353

must be displayed at all times. Except as provided in this

1354

subsection, no person shall engage in business as a dealer or in

1355

leasing, renting, or letting of or granting licenses in living

1356

quarters or sleeping or housekeeping accommodations in hotels,

1357

apartment houses, roominghouses, tourist or trailer camps, or

1358

real property as hereinbefore defined, nor shall any person sell

1359

or receive anything of value by way of admissions, without first

1360

having obtained such a certificate or after such certificate has

1361

been canceled; no person shall receive any license from any

1362

authority within the state to engage in any such business without

1363

first having obtained such a certificate or after such

1364

certificate has been canceled. The engaging in the business of

1365

selling or leasing tangible personal property or services or as a

1366

dealer, as defined in this chapter, or the engaging in leasing,

1367

renting, or letting of or granting licenses in living quarters or

1368

sleeping or housekeeping accommodations in hotels, apartment

1369

houses, roominghouses, or tourist or trailer camps that are

1370

taxable under this chapter, or real property, or the engaging in

1371

the business of selling or receiving anything of value by way of

1372

admissions, without such certificate first being obtained or

1373

after such certificate has been canceled by the department, is

1374

prohibited.

1375

     (c)1. The failure or refusal of any person, firm,

1376

copartnership, or corporation to register so qualify when

1377

required hereunder is a misdemeanor of the first degree,

1378

punishable as provided in s. 775.082 or s. 775.083, or subject to

1379

injunctive proceedings as provided by law. Such failure or

1380

refusal also subjects the offender to a $100 initial registration

1381

fee in lieu of the $5 registration fee authorized in paragraph

1382

(a). However, the department may waive the increase in the

1383

registration fee if it determines is determined by the department

1384

that the failure to register was due to reasonable cause and not

1385

to willful negligence, willful neglect, or fraud.

1386

     2. Any person who willfully fails to register after the

1387

department provides notice of the duty to register as a dealer

1388

for the purpose of engaging in or conducting business in the

1389

state, commits a felony of the third degree, punishable as

1390

provided in s. 775.082, s. 775.083, or s. 775.084.

1391

     a. For the purposes of this section, "willful" means a

1392

voluntary, intentional violation of a known legal duty.

1393

     b. The department shall give written notice of the duty to

1394

register to the person by personal service, by sending notice by

1395

registered mail to the person's last known address, or by

1396

personal service and mailing.

1397

     Section 16.  Subsection (6) of section 213.015, Florida

1398

Statutes, is amended to read:

1399

     213.015  Taxpayer rights.--There is created a Florida

1400

Taxpayer's Bill of Rights to guarantee that the rights, privacy,

1401

and property of Florida taxpayers are adequately safeguarded and

1402

protected during tax assessment, collection, and enforcement

1403

processes administered under the revenue laws of this state. The

1404

Taxpayer's Bill of Rights compiles, in one document, brief but

1405

comprehensive statements which explain, in simple, nontechnical

1406

terms, the rights and obligations of the Department of Revenue

1407

and taxpayers. Section 192.0105 provides additional rights

1408

afforded to payors of property taxes and assessments. The rights

1409

afforded taxpayers to ensure that their privacy and property are

1410

safeguarded and protected during tax assessment and collection

1411

are available only insofar as they are implemented in other parts

1412

of the Florida Statutes or rules of the Department of Revenue.

1413

The rights so guaranteed Florida taxpayers in the Florida

1414

Statutes and the departmental rules are:

1415

     (6)  The right to be informed of impending collection

1416

actions which require sale or seizure of property or freezing of

1417

assets, except jeopardy assessments, and the right to at least 30

1418

days' notice in which to pay the liability or seek further review

1419

(see ss. 198.20, 199.262, 201.16, 206.075, 206.24, 211.125(5),

1420

212.03(5), 212.0305(3)(m) 212.0305(3)(j), 212.04(7), 212.14(1),

1421

213.73(3), 213.731, and 220.739).

1422

     Section 17.  Paragraph (a) of subsection (2), subsection

1423

(5), and paragraph (d) of subsection (8) of section 213.053,

1424

Florida Statutes, are amended, paragraph (z) is added to

1425

subsection (8) of that section, and subsection (19) is added to

1426

that section, to read:

1427

     213.053  Confidentiality and information sharing.--

1428

     (2)(a)  All information contained in returns, reports,

1429

accounts, or declarations received by the department, including

1430

investigative reports and information, and including letters of

1431

technical advice, telephone numbers, and electronic mail

1432

addresses collected and maintained by the department for the

1433

purpose of communicating with taxpayers, is confidential except

1434

for official purposes and is exempt from s. 119.07(1).

1435

     (5)  Nothing contained in this section shall prevent the

1436

department from:

1437

     (a) Publishing statistics so classified as to prevent the

1438

identification of particular accounts, reports, declarations, or

1439

returns.; or

1440

     (b) Using telephone, electronic mail, facsimile, or other

1441

electronic means to:

1442

     1. Distribute tax information regarding changes in law, tax

1443

rates, or interest rates, or other information that is not

1444

specific to a particular taxpayer;

1445

     2. Provide reminders of due dates;

1446

     3. Respond to a taxpayer that has provided and authorized

1447

the department to use an electronic mail address that does not

1448

support encryption; or

1449

     4. Request taxpayers to contact the department Disclosing to

1450

the Chief Financial Officer the names and addresses of those

1451

taxpayers who have claimed an exemption pursuant to former s.

1452

199.185(1)(i) or a deduction pursuant to s. 220.63(5).

1453

     (8)  Notwithstanding any other provision of this section,

1454

the department may provide:

1455

     (d) Information relating to chapter 212 and chapter 509

1456

Names, addresses, and sales tax registration information to the

1457

Division of Hotels and Restaurants of the Department of Business

1458

and Professional Regulation in the conduct of its official

1459

duties.

1460

     (z) Names and taxpayer identification numbers relating to

1461

information sharing agreements with financial institutions

1462

pursuant to s. 213.0532.

1463

1464

Disclosure of information under this subsection shall be pursuant

1465

to a written agreement between the executive director and the

1466

agency. Such agencies, governmental or nongovernmental, shall be

1467

bound by the same requirements of confidentiality as the

1468

Department of Revenue. Breach of confidentiality is a misdemeanor

1469

of the first degree, punishable as provided by s. 775.082 or s.

1470

775.083.

1471

     (19) The department may publish a list of taxpayers against

1472

whom it has issued a warrant or filed a judgment lien against a

1473

taxpayer's property if the taxpayers are delinquent in the

1474

payment of any tax, fee, penalty, interest, or surcharge

1475

administered by the department. The list shall identify each

1476

taxpayer by name, address, amounts and types of taxes, fees, or

1477

surcharges and the employer identification number or other

1478

taxpayer identification number.

1479

     (a) The list shall be available for public inspection at

1480

the department or by other means of publication, including the

1481

Internet. The department may provide a copy of the list to any

1482

agency of the state for similar publication.

1483

     (b) The department shall update the list at least monthly

1484

to reflect payments for resolution of deficiencies and to

1485

otherwise add or remove taxpayers from the list.

1486

     (c) The department may adopt rules for the administration

1487

of this subsection.

1488

     Section 18.  Section 213.0532, Florida Statutes, is created

1489

to read:

1490

     213.0532 Agreements with financial institutions.--

1491

     (1) As used in this section, the term:

1492

     (a) "Financial institution" means:

1493

     1. A depository institution as defined in 12 U.S.C. s.

1494

1813(c);

1495

     2. An institution-affiliated party as defined in 12 U.S.C.

1496

s. 1813(u);

1497

     3. Any federal credit union or state credit union as

1498

defined in 12 U.S.C. s. 1752, including an institution-affiliated

1499

party of such a credit union as defined in 12 U.S.C s. 1786(r);

1500

and

1501

     4. Any benefit association, insurance company, safe-deposit

1502

company, money market mutual fund, or similar entity authorized

1503

to do business in this state.

1504

     (b) "Account" means a demand deposit account, checking or

1505

negotiable withdrawal order account, savings account, time

1506

deposit account, or money-market mutual fund account.

1507

     (c) "Department" means the Department of Revenue.

1508

     (d) "Obligor" means any person against whose property the

1509

department has issued a warrant or filed a judgment lien

1510

certificate.

1511

     (e) "Person" has the same meaning as in s. 212.02.

1512

     (2) The department shall request information and assistance

1513

from a financial institution as necessary to enforce the tax laws

1514

of the state. Pursuant to such purpose, financial institutions

1515

doing business in the state shall enter into agreements with the

1516

department to develop and operate a data match system, using an

1517

automated data exchange to the maximum extent feasible, in which

1518

the financial institution must provide for each calendar quarter

1519

the name, record address, social security number or other

1520

taxpayer identification number, average daily account balance,

1521

and other identifying information for:

1522

     (a) Each obligor who maintains an account at the financial

1523

institution as identified to the institution by the department by

1524

name and social security number or other taxpayer identification

1525

number; or

1526

     (b) At the financial institution's option, each person who

1527

maintains an account at the institution.

1528

1529

The department shall use the information received pursuant to

1530

this section only for the purpose of enforcing the collection of

1531

taxes and fees administered by the department.

1532

     (3) The department shall, to the extent possible and in

1533

compliance with state and federal law, administer this section in

1534

conjunction with s. 409.25657 in order to avoid duplication and

1535

reduce the burden on financial institutions.

1536

     (4) The department shall pay a reasonable fee to the

1537

financial institution for conducting the data match provided for

1538

in this section, which may not exceed actual costs incurred by

1539

the financial institution.

1540

     (5) A financial institution is not required to provide

1541

notice to its customers and is not liable to any person for:

1542

     (a) Disclosure to the department of any information

1543

required under this section.

1544

     (b) Encumbering or surrendering any assets held by the

1545

financial institution in response to a notice of lien or levy

1546

issued by the department.

1547

     (c) Disclosing any information in connection with a data

1548

match.

1549

     (d) Any other action taken in good faith to comply with the

1550

requirements of this section.

1551

     (6) Any financial records obtained pursuant to this section

1552

may be disclosed only for the purpose of, and to the extent

1553

necessary to administer and enforce, the tax laws of this state.

1554

     (7) The department may institute civil proceedings against

1555

financial institutions, as necessary, to enforce the provisions

1556

of this section.

1557

     (8) The department may adopt rules establishing the

1558

procedures and requirements for conducting automated data matches

1559

with financial institutions under this section.

1560

     Section 19.  Section 213.25, Florida Statutes, is amended to

1561

read:

1562

     213.25 Refunds; credits; right of setoff.-- If In any

1563

instance that a taxpayer has a refund or credit due for an

1564

overpayment of taxes assessed under chapter 443 or any of the

1565

chapters specified in s. 72.011(1), the department may reduce

1566

such refund or credit to the extent of any billings not subject

1567

to protest under chapter 443 or s. 213.21 for the same or any

1568

other tax owed by the same taxpayer.

1569

     Section 20.  Subsection (8) of section 213.67, Florida

1570

Statutes, is amended to read:

1571

     213.67  Garnishment.--

1572

     (8)  An action may not be brought to contest a notice of

1573

intent to levy under chapter 120 or in circuit court if the

1574

petition is postmarked or the action is filed more, later than 21

1575

days after the date of receipt of the notice of intent to levy.

1576

     Section 21.  Section 213.691, Florida Statutes, is created

1577

to read:

1578

     213.691 Integrated warrants and judgment lien

1579

certificates.--In addition to the department's authority to issue

1580

warrants and file judgment lien certificates for any unpaid tax,

1581

fee, or surcharge it administers, the department may issue a

1582

single integrated warrant and file a single integrated judgment

1583

lien certificate evidencing a taxpayer's total liability for all

1584

taxes, fees, or surcharges administered by the department. Each

1585

integrated warrant or integrated judgment lien certificate issued

1586

or filed must separately identify and itemize the total amount

1587

due for each tax, fee, or surcharge, including any related

1588

interest and penalty. In order for a taxpayer's total liability

1589

to be included in an integrated warrant or judgment lien

1590

certificate, the department must have authority to file a warrant

1591

or judgment lien certificate for each tax, fee, or surcharge.

1592

     Section 22.  Section 213.692, Florida Statutes, is created

1593

to read:

1594

     213.692 Integrated enforcement authority.--

1595

     (1) If a taxpayer is delinquent in the payment of any tax,

1596

fee, or surcharge administered by the department, the department

1597

may revoke all of the taxpayer's certificates of registration,

1598

permits, or licenses issued by the department. For the purposes

1599

of this section, a taxpayer is considered delinquent only if the

1600

department has issued a warrant or filed a judgment lien

1601

certificate against the taxpayer's property.

1602

     (a) Prior to revocation of the taxpayer's certificates of

1603

registration, permits, or licenses, the department must schedule

1604

an informal conference, which the taxpayer is required to attend

1605

and at which the taxpayer may present evidence regarding the

1606

department's intended revocation or may enter into a compliance

1607

agreement with the department. The department must provide

1608

written notice to the taxpayer at the taxpayer's last known

1609

address of its intended action and the time, place, and date of

1610

the scheduled informal conference. The department shall issue an

1611

administrative complaint under chapter 120 if the taxpayer fails

1612

to attend the department's informal conference, fails to enter

1613

into a compliance agreement with the department, or fails to

1614

comply with the executed compliance agreement.

1615

     (b) A taxpayer whose certificates of registration, permits,

1616

or licenses have been revoked may not be issued a new certificate

1617

of registration, permit, or license unless:

1618

     1. The taxpayer's outstanding liabilities have been

1619

satisfied; or

1620

     2. The department enters into a written agreement with the

1621

taxpayer regarding the liability and, as part of such agreement,

1622

agrees to issue a new certificate of registration, permit, or

1623

license to the taxpayer.

1624

     (c) The department shall require a cash deposit, bond, or

1625

other security as a condition of issuing a new certificate of

1626

registration pursuant to the requirements of s. 212.14(4).

1627

     (d) If the department issues a warrant or files a judgment

1628

lien certificate in connection with a jeopardy assessment, the

1629

procedures specified in s. 213.732 must be complied with prior to

1630

or in conjunction with those provided in this section.

1631

     (2) The department may adopt rules to administer this

1632

section.

1633

     Section 23. The Executive Director of the Department of

1634

Revenue is authorized, and all conditions are deemed met, to

1635

adopt emergency rules under ss. 120.563(1) and 120.54(4), Florida

1636

Statutes, to administer s. 213.692, Florida Statutes.

1637

Notwithstanding any other provision of law, the emergency rules

1638

shall remain effective for 6 months after the date of their

1639

adoption and may be renewed during the pendency of procedures to

1640

adopt rules addressing the subject of the emergency rules.

1641

     Section 24.  Section 213.758, Florida Statutes, is created

1642

to read:

1643

     213.758 Transfer of tax liabilities.--

1644

     (1) As used in this section, the term:

1645

     (a) "Involuntary transfers" means transfers made without

1646

the consent of the transferor, including, but not limited to:

1647

     1. Transfers that occur due to the foreclosure of a

1648

security interest issued to a person who is not an insider as

1649

defined by s. 726.102;

1650

     2. Transfers that result from eminent domain and

1651

condemnation actions; and

1652

     3. Transfers made under the authority of chapter 61,

1653

chapter 702, chapter 727, or the United States Bankruptcy Code.

1654

     (b) "Transfer" means every mode, direct or indirect, with

1655

or without consideration, of disposing of or parting with a

1656

business or stock of goods, and includes, but is not limited to,

1657

assigning, conveying, devising, gifting, granting, or selling.

1658

     (2) Any taxpayer who is liable for any tax, interest, or

1659

penalty administered by the department in accordance with chapter

1660

443 or s. 72.011(1), excluding corporate income tax, and who

1661

quits the business without the benefit of a purchaser,

1662

successors, or assigns or without transferring the business or

1663

stock of goods to a transferee, must make a final return and full

1664

payment within 15 days after quitting the business. A taxpayer

1665

failing to file a final return and make payment may not engage in

1666

any business in the state until the final return has been filed

1667

and the all tax, interest, and penalties due have been paid. If

1668

requested by the department, the Department of Legal Affairs may

1669

proceed by injunction to prevent further business activity until

1670

such tax, interest, or penalties are paid, and a temporary

1671

injunction enjoining further business activity shall be granted

1672

without notice by any court of competent jurisdiction.

1673

     (3) Any taxpayer liable for any tax, interest, or penalty

1674

levied under chapter 443 or any of the chapters specified in s.

1675

213.05, excluding corporate income tax, who transfers the

1676

taxpayer's business or stock of goods, must file a final return

1677

and make full payment within 15 days after the date of transfer.

1678

     (4) Unless a taxpayer who transfers a business or stock of

1679

goods provides a receipt or certificate from the department to

1680

the transferee showing that the taxpayer has no further liability

1681

for tax, interest, or penalty, the transferee must pay the tax,

1682

interest, or penalty due or, if consideration is part of the

1683

transfer, withhold a sufficient portion of the purchase money to

1684

pay the taxes, interest, or penalties due.

1685

     (a) If the transferee withholds any portion of the

1686

consideration pursuant to this subsection, the transferee shall

1687

pay that portion of the consideration to the department within 30

1688

days after the date of transfer.

1689

     (b) If the consideration withheld is insufficient, the

1690

transferee is liable for the remaining amount owed.

1691

     (c) Any transferee acquiring the business or stock of goods

1692

who fails to pay the tax, interest, and penalty due shall be

1693

denied the right to engage in any business in the state until the

1694

tax, interest, and penalty have been paid. If requested by the

1695

department, the Department of Legal Affairs may proceed by

1696

injunction to prevent further business activity until such tax,

1697

interest, and penalties are paid, and a temporary injunction

1698

enjoining further business activity shall be granted without

1699

notice by any court of competent jurisdiction.

1700

     (d) This subsection does not apply to transfers in which

1701

parts of the business or stock of goods are transferred to

1702

various taxpayers unless more than 50 percent of the business or

1703

stock of goods are transferred to one taxpayer or a group of

1704

taxpayers acting in concert.

1705

     (5) A receipt or certificate from the department does not,

1706

without an audit of the transferring taxpayer's books and records

1707

by the department, guarantee that there is not a tax deficiency

1708

owed to the state from operation of the transferring taxpayer's

1709

business. To secure protection from transferee liability under

1710

this section, the transferring taxpayer or the transferee may

1711

request an audit of the transferring taxpayer's books and

1712

records. The department may charge for the cost of the audit if

1713

the department has not yet issued a notice of intent to audit at

1714

the time the department receives the request to perform the

1715

audit.

1716

     (6) The transferee of a business or stock of goods is

1717

jointly and severally liable with any former owner for the

1718

payment of the taxes, interest, or penalties accruing and unpaid

1719

on account of the operation of the business by any former owner

1720

up to the fair market value of the property transferred or the

1721

total purchase price, whichever is higher.

1722

     (7) This section does not apply to involuntary transfers.

1723

     (8) After notice by the department of transferee liability

1724

under this section, the taxpayer shall have 60 days within which

1725

to file an action as provided in chapter 72.

1726

     (9) The department may adopt rules necessary to administer

1727

and enforce this section.

1728

     Section 25.  Paragraph (j) is added to subsection (3) of

1729

section 220.193, Florida Statutes, to read:

1730

     220.193  Florida renewable energy production credit.--

1731

     (3)  An annual credit against the tax imposed by this

1732

section shall be allowed to a taxpayer, based on the taxpayer's

1733

production and sale of electricity from a new or expanded Florida

1734

renewable energy facility. For a new facility, the credit shall

1735

be based on the taxpayer's sale of the facility's entire

1736

electrical production. For an expanded facility, the credit shall

1737

be based on the increases in the facility's electrical production

1738

that are achieved after May 1, 2006.

1739

     (j) The credit shall be allowed to a corporation that owns

1740

a partnership or limited liability company that has elected to be

1741

treated as a partnership for federal income tax purposes when the

1742

partnership or limited liability company produces and sells

1743

electricity from a new or expanded renewable energy facility. If

1744

the partnership or limited liability company that produces or

1745

sells the electricity is owned by more than one corporation, the

1746

value of the credit shall be prorated among the owners in the

1747

same manner as items of income and expense are prorated for

1748

federal income tax purposes.

1749

     Section 26. It is the intent of the Legislature that s.

1750

220.193(3)(j), Florida Statutes, as created by this act, is

1751

remedial in nature and applies retroactively to the effective

1752

date of the law establishing the credit.

1753

     Section 27.  Subsection (2) of section 220.21, Florida

1754

Statutes, is amended to read:

1755

     220.21  Returns and records; regulations.--

1756

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

1757

tax return by electronic means on a separate or consolidated

1758

basis shall also file returns required by this chapter by

1759

electronic means. Pursuant to For the reasons described in s.

1760

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

1761

return by electronic means for taxpayers that are unable to

1762

comply despite good faith efforts or due to circumstances beyond

1763

the taxpayer's reasonable control. The provisions of this

1764

subsection are in addition to the requirements of s. 213.755 to

1765

electronically file returns and remit payments required under

1766

this chapter. The department may prescribe by rule the format and

1767

instructions necessary for electronic filing to ensure a full

1768

collection of taxes due. In addition to the authority granted

1769

under s. 213.755, the acceptable method of transfer, the method,

1770

form, and content of the electronic data interchange, and the

1771

means, if any, by which the taxpayer is will be provided with an

1772

acknowledgment may be prescribed by the department. If the

1773

taxpayer fails In the case of any failure to comply with the

1774

electronic filing requirements of this subsection, a penalty

1775

shall be added to the amount of tax due with the such return

1776

equal to 5 percent of the amount of such tax for the first 30

1777

days the return is not filed electronically, with an additional 5

1778

percent of such tax for each additional month or fraction

1779

thereof, not to exceed $250 in the aggregate. The department may

1780

settle or compromise the penalty pursuant to s. 213.21. This

1781

penalty is in addition to any other penalty that may be

1782

applicable and shall be assessed, collected, and paid in the same

1783

manner as taxes.

1784

     Section 28. Subsection (2) of section 220.21, Florida

1785

Statutes, as amended by this act, shall take effect and apply to

1786

returns due on or after January 1, 2008.

1787

     Section 29.  Paragraph (c) of subsection (1) of section

1788

336.021, Florida Statutes, is amended to read:

1789

     336.021  County transportation system; levy of ninth-cent

1790

fuel tax on motor fuel and diesel fuel.--

1791

     (1)

1792

     (c)  Local option taxes collected on sales or use of diesel

1793

fuel in this state shall be distributed in the following manner:

1794

     1.  The fiscal year of July 1, 1995, through June 30, 1996,

1795

shall be the base year for all distributions.

1796

     2.  Each year the tax collected, less the service and

1797

administrative charges enumerated in s. 215.20 and the allowances

1798

allowed under s. 206.91, on the number of gallons reported, up to

1799

the total number of gallons reported in the base year, shall be

1800

distributed to each county using the distribution percentage

1801

calculated for the base year.

1802

     3.  After the distribution of taxes pursuant to subparagraph

1803

4. 2., additional taxes available for distribution shall first be

1804

distributed pursuant to this subparagraph. A distribution shall

1805

be made to each county in which a qualified new retail station is

1806

located. A qualified new retail station is a retail station that

1807

began operation after June 30, 1996, and that has sales of diesel

1808

fuel exceeding 50 percent of the sales of diesel fuel reported in

1809

the county in which it is located during the 1995-1996 state

1810

fiscal year. The determination of whether a new retail station is

1811

qualified shall be based on the total gallons of diesel fuel sold

1812

at the station during each full month of operation during the 12-

1813

month period ending January 31, divided by the number of full

1814

months of operation during those 12 months, and the result

1815

multiplied by 12. The amount distributed pursuant to this

1816

subparagraph to each county in which a qualified new retail

1817

station is located shall equal the local option taxes due on the

1818

gallons of diesel fuel sold by the new retail station during the

1819

year ending January 31, less the service charges enumerated in s.

1820

215.20 and the dealer allowance provided for by s. 206.91.

1821

Gallons of diesel fuel sold at the qualified new retail station

1822

shall be certified to the department by the county requesting the

1823

additional distribution by June 15, 1997, and by March 1 in each

1824

subsequent year. The certification shall include the beginning

1825

inventory, fuel purchases and sales, and the ending inventory for

1826

the new retail station for each month of operation during the

1827

year, the original purchase invoices for the period, and any

1828

other information the department deems reasonable and necessary

1829

to establish the certified gallons. The department may review and

1830

audit the retail dealer's records provided to a county to

1831

establish the gallons sold by the new retail station.

1832

Notwithstanding the provisions of this subparagraph, when more

1833

than one county qualifies for a distribution pursuant to this

1834

subparagraph and the requested distributions exceed the total

1835

taxes available for distribution, each county shall receive a

1836

prorated share of the moneys available for distribution.

1837

     4.  After the distribution of taxes pursuant to subparagraph

1838

2. 3., all additional taxes available for distribution, with the

1839

exception of subparagraph 3., shall be distributed based on

1840

vehicular diesel fuel storage capacities in each county pursuant

1841

to this subparagraph. The total vehicular diesel fuel storage

1842

capacity shall be established for each fiscal year based on the

1843

registration of facilities with the Department of Environmental

1844

Protection as required by s. 376.303 for the following facility

1845

types: retail stations, fuel user/nonretail, state government,

1846

local government, and county government. Each county shall

1847

receive a share of the total taxes available for distribution

1848

pursuant to this subparagraph equal to a fraction, the numerator

1849

of which is the storage capacity located within the county for

1850

vehicular diesel fuel in the facility types listed in this

1851

subparagraph and the denominator of which is the total statewide

1852

storage capacity for vehicular diesel fuel in those facility

1853

types. The vehicular diesel fuel storage capacity for each county

1854

and facility type shall be that established by the Department of

1855

Environmental Protection by June 1, 1997, for the 1996-1997

1856

fiscal year, and by January 31 for each succeeding fiscal year.

1857

The storage capacities so established shall be final. The storage

1858

capacity for any new retail station for which a county receives a

1859

distribution pursuant to subparagraph  3. shall not be included

1860

in the calculations pursuant to this subparagraph.

1861

     Section 30.  Paragraph (b) of subsection (2) of section

1862

443.1215, Florida Statutes, is amended to read:

1863

     443.1215  Employers.--

1864

     (2)

1865

     (b)  In determining whether an employing unit for which

1866

service, other than agricultural labor, is also performed is an

1867

employer under paragraph (1)(a), paragraph (1)(b), paragraph

1868

(1)(c), or subparagraph (1)(d)2., the wages earned or the

1869

employment of an employee performing service in agricultural

1870

labor may not be taken into account. If an employing unit is

1871

determined to be an employer of agricultural labor, the employing

1872

unit is considered an employer for purposes of paragraph (1)(a)

1873

subsection (1).

1874

     Section 31.  Subsection (2) of section 443.1316, Florida

1875

Statutes, is amended to read:

1876

     443.1316  Unemployment tax collection services; interagency

1877

agreement.--

1878

     (2)(a) The Department of Revenue is considered to be

1879

administering a revenue law of this state when the department

1880

implements this chapter, or otherwise provides unemployment tax

1881

collection services, under contract with the Agency for Workforce

1882

Innovation through the interagency agreement.

1883

     (3)(b) Sections 213.015(1)-(3), (5)-(7), (9)-(19), and

1884

(21); 213.018; 213.025; 213.051; 213.053; 213.0535; 213.055;

1885

213.071; 213.10; 213.21(4); 213.2201; 213.23; 213.24; 213.25;

1886

213.27; 213.28; 213.285; 213.34(1), (3), and (4); 213.37; 213.50;

1887

213.67; 213.69; 213.691; 213.692; 213.73; 213.733; 213.74; and

1888

213.757, and 213.758 apply to the collection of unemployment

1889

contributions and reimbursements by the Department of Revenue

1890

unless prohibited by federal law.

1891

     Section 32.  Subsection (1) and paragraph (a) of subsection

1892

(3) of section 443.141, Florida Statutes, are amended to read:

1893

     443.141  Collection of contributions and reimbursements.--

1894

     (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,

1895

ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.--

1896

     (a)  Interest.--Contributions or reimbursements unpaid on

1897

the date due shall bear interest at the rate of 1 percent per

1898

month from and after that date until payment plus accrued

1899

interest is received by the tax collection service provider,

1900

unless the service provider finds that the employing unit has or

1901

had good reason for failure to pay the contributions or

1902

reimbursements when due. Interest collected under this subsection

1903

must be paid into the Special Employment Security Administration

1904

Trust Fund.

1905

     (b) Penalty for delinquent, erroneous, incomplete, or

1906

insufficient reports.--

1907

     1. An employing unit that fails to file a any report

1908

required by the Agency for Workforce Innovation or its tax

1909

collection service provider, in accordance with rules for

1910

administering this chapter, shall pay to the tax collection

1911

service provider for each delinquent report the sum of $25 for

1912

each 30 days or fraction thereof that the employing unit is

1913

delinquent, unless the agency or its service provider, whichever

1914

required the report, finds that the employing unit has or had

1915

good reason for failure to file the report. The agency or its

1916

service provider may assess penalties only through the date of

1917

the issuance of the final assessment notice. However, additional

1918

penalties accrue if the delinquent report is subsequently filed.

1919

     2. An employing unit that files an erroneous, incomplete,

1920

or insufficient report required by the Agency for Workforce

1921

Innovation, or its tax collection service provider, shall pay a

1922

penalty of $50 or 10 percent of any tax due, whichever is

1923

greater, which is added to any tax, penalty, or interest

1924

otherwise due. This penalty may not exceed $300 per report. For

1925

purposes of this chapter, an "erroneous, incomplete, or

1926

insufficient report" is one so lacking in information,

1927

completeness, or arrangement that the report cannot be readily

1928

understood, verified, or reviewed. This includes, but is not

1929

limited to, reports having missing wage or employee information,

1930

missing or incorrect social security numbers, or illegible

1931

entries; reports submitted in a format that was not approved by

1932

the agency or its tax collection service provider; and those

1933

showing gross wages that do not equal the total of each

1934

individual's wage.

1935

     3.2. Sums collected as penalties under this paragraph

1936

subparagraph 1. must be deposited in the Special Employment

1937

Security Administration Trust Fund.

1938

     4.3. The penalty and interest for a delinquent, erroneous,

1939

incomplete, or insufficient report may be waived if when the

1940

penalty or interest is inequitable. The provisions of s.

1941

213.24(1) apply to any penalty or interest that is imposed under

1942

this paragraph section.

1943

     (c) Application of partial payments.--If When a delinquency

1944

exists in the employment record of an employer not in bankruptcy,

1945

a partial payment less than the total delinquency amount shall be

1946

applied to the employment record as the payor directs. In the

1947

absence of specific direction, the partial payment shall be

1948

applied to the payor's employment record as prescribed in the

1949

rules of the Agency for Workforce Innovation or the state agency

1950

providing tax collection services.

1951

     (3)  COLLECTION PROCEEDINGS.--

1952

     (a)  Lien for payment of contributions or reimbursements.--

1953

     1.  There is created a lien in favor of the tax collection

1954

service provider upon all the property, both real and personal,

1955

of any employer liable for payment of any contribution or

1956

reimbursement levied and imposed under this chapter for the

1957

amount of the contributions or reimbursements due, together with

1958

any interest, costs, and penalties. If any contribution or

1959

reimbursement levied imposed under this chapter or any portion of

1960

that contribution, reimbursement, interest, or penalty is not

1961

paid within 60 days after becoming delinquent, the tax collection

1962

service provider may subsequently issue a notice of lien that may

1963

be filed in the office of the clerk of the circuit court of the

1964

any county in which the delinquent employer owns property or

1965

conducts has conducted business. The notice of lien must include

1966

the periods for which the contributions, reimbursements,

1967

interest, or penalties are demanded and the amounts due. A copy

1968

of the notice of lien must be mailed to the employer at her or

1969

his last known address. The notice of lien may not be issued and

1970

recorded until 15 days after the date the assessment becomes

1971

final under subsection (2). Upon presentation of the notice of

1972

lien, the clerk of the circuit court shall record it in a book

1973

maintained for that purpose, and the amount of the notice of

1974

lien, together with the cost of recording and interest accruing

1975

upon the amount of the contribution or reimbursement, becomes a

1976

lien upon the title to and interest, whether legal or equitable,

1977

in any real property, chattels real, or personal property of the

1978

employer against whom the notice of lien is issued, in the same

1979

manner as a judgment of the circuit court docketed in the office

1980

of the circuit court clerk, with execution issued to the sheriff

1981

for levy. This lien is prior, preferred, and superior to all

1982

mortgages or other liens filed, recorded, or acquired after the

1983

notice of lien is filed. Upon the payment of the amounts due, or

1984

upon determination by the tax collection service provider that

1985

the notice of lien was erroneously issued, the lien is satisfied

1986

when the service provider acknowledges in writing that the lien

1987

is fully satisfied. A lien's satisfaction does not need to be

1988

acknowledged before any notary or other public officer, and the

1989

signature of the director of the tax collection service provider

1990

or his or her designee is conclusive evidence of the satisfaction

1991

of the lien, which satisfaction shall be recorded by the clerk of

1992

the circuit court who receives the fees for those services.

1993

     2.  The tax collection service provider may subsequently

1994

issue a warrant directed to any sheriff in this state, commanding

1995

him or her to levy upon and sell any real or personal property of

1996

the employer liable for any amount under this chapter within his

1997

or her jurisdiction, for payment, with the added penalties and

1998

interest and the costs of executing the warrant, together with

1999

the costs of the clerk of the circuit court in recording and

2000

docketing the notice of lien, and to return the warrant to the

2001

service provider with payment. The warrant may only be issued and

2002

enforced for all amounts due to the tax collection service

2003

provider on the date the warrant is issued, together with

2004

interest accruing on the contribution or reimbursement due from

2005

the employer to the date of payment at the rate provided in this

2006

section. In the event of sale of any assets of the employer,

2007

however, priorities under the warrant shall be determined in

2008

accordance with the priority established by any notices of lien

2009

filed by the tax collection service provider and recorded by the

2010

clerk of the circuit court. The sheriff shall execute the warrant

2011

in the same manner prescribed by law for executions issued by the

2012

clerk of the circuit court for judgments of the circuit court.

2013

The sheriff is entitled to the same fees for executing the

2014

warrant as for a writ of execution out of the circuit court, and

2015

these fees must be collected in the same manner.

2016

     3. The lien created under this paragraph shall expire 10

2017

years after the notice of lien is recorded and no action may be

2018

commenced to collect the tax after the expiration of the lien.

2019

     Section 33.  Paragraph (c) is added to subsection (6) of

2020

section 509.261, Florida Statutes, to read:

2021

     509.261  Revocation or suspension of licenses; fines;

2022

procedure.--

2023

     (6)  The division may fine, suspend, or revoke the license

2024

of any public lodging establishment or public food service

2025

establishment when:

2026

     (c) The licensee is delinquent in the payment of any tax,

2027

fee, or surcharge, including penalty and interest, imposed or

2028

administered under chapter 212, and the Department of Revenue has

2029

issued a warrant or filed a judgment lien certificate against the

2030

licensee's property.

2031

     Section 34.  Paragraph (b) of subsection (5) of section

2032

624.509, Florida Statutes, is amended to read:

2033

     624.509  Premium tax; rate and computation.--

2034

     (5)

2035

     (b)  For purposes of this subsection:

2036

     1.  The term "salaries" does not include amounts paid as

2037

commissions.

2038

     2.  The term "employees" does not include independent

2039

contractors or any person whose duties require that the person

2040

hold a valid license under the Florida Insurance Code, except

2041

adjusters, managing general agents, and service representatives,

2042

as defined in s. 626.015.

2043

     3.  The term "net tax" means the tax imposed by this section

2044

after applying the calculations and credits set forth in

2045

subsection (4).

2046

     4.  An affiliated group of corporations that created a

2047

service company within its affiliated group on July 30, 2002,

2048

shall allocate the salary of each service company employee

2049

covered by contracts with affiliated group members to the

2050

companies for which the employees perform services. The salary

2051

allocation is based on the amount of time during the tax year

2052

that the individual employee spends performing services or

2053

otherwise working for each company over the total amount of time

2054

the employee spends performing services or otherwise working for

2055

all companies. The total amount of salary allocated to an

2056

insurance company within the affiliated group shall be included

2057

as that insurer's employee salaries for purposes of this section.

2058

     a.  Except as provided in subparagraph (a)2., the term

2059

"affiliated group of corporations" means two or more corporations

2060

that are entirely owned by a single corporation and that

2061

constitute an affiliated group of corporations as defined in s.

2062

1504(a) of the Internal Revenue Code.

2063

     b.  The term "service company" means a separate corporation

2064

within the affiliated group of corporations whose employees

2065

provide services to affiliated group members and which are

2066

treated as service company employees for unemployment

2067

compensation and common law purposes. The holding company of an

2068

affiliated group may not qualify as a service company. An

2069

insurance company may not qualify as a service company.

2070

     c.  If an insurance company fails to substantiate, whether

2071

by means of adequate records or otherwise, its eligibility to

2072

claim the service company exception under this section, or its

2073

salary allocation under this section, no credit shall be allowed.

2074

     5. A service company that is a subsidiary of a mutual

2075

insurance holding company, which mutual insurance holding company

2076

was in existence on or before January 1, 2000, shall allocate the

2077

salary of each service company employee covered by contracts with

2078

members of the mutual insurance holding company system to the

2079

companies for which the employees perform services. The salary

2080

allocation is based on the ratio of the amount of time during the

2081

tax year which the individual employee spends performing services

2082

or otherwise working for each company to the total amount of time

2083

the employee spends performing services or otherwise working for

2084

all companies. The total amount of salary allocated to an

2085

insurance company within the mutual insurance holding company

2086

system shall be included as that insurer's employee salaries for

2087

purposes of this section. However, this subparagraph does not

2088

apply for any tax year unless funds sufficient to offset the

2089

anticipated salary credits have been appropriated to the General

2090

Revenue Fund prior to the due date of the final return for that

2091

year.

2092

     a. The term "mutual insurance holding company system" means

2093

two or more corporations that are subsidiaries of a mutual

2094

insurance holding company and in compliance with part IV of

2095

chapter 628.

2096

     b. The term "service company" means a separate corporation

2097

within the mutual insurance holding company system whose

2098

employees provide services to other members of the mutual

2099

insurance holding company system and are treated as service

2100

company employees for unemployment compensation and common-law

2101

purposes. The mutual insurance holding company may not qualify as

2102

a service company.

2103

     c. If an insurance company fails to substantiate, whether

2104

by means of adequate records or otherwise, its eligibility to

2105

claim the service company exception under this section, or its

2106

salary allocation under this section, no credit shall be allowed.

2107

     Section 35. Section 213.054, Florida Statutes, is repealed.

2108

     Section 36.  Except as otherwise expressly provided in this

2109

act and except for this section, which shall take effect upon

2110

becoming a law, this act shall take effect July 1, 2008.