Amendment
Bill No. CS/CS/HB 7031
Amendment No. 512157
CHAMBER ACTION
Senate House
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1Representative Carroll offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 240-333 and insert:
5in sub-subparagraph f., from the state within 90 days after the
6date of purchase or extension or the purchaser removes a
7nonqualifying boat or an aircraft from this state within 10 days
8after the date of purchase or, when the boat or aircraft is
9repaired or altered, within 20 days after completion of the
10repairs or alterations;
11     b.  The purchaser, within 30 days from the date of
12departure, shall provide the department with written proof that
13the purchaser licensed, registered, titled, or documented the
14boat or aircraft outside the state. If such written proof is
15unavailable, within 30 days the purchaser shall provide proof
16that the purchaser applied for such license, title,
17registration, or documentation. The purchaser shall forward to
18the department proof of title, license, registration, or
19documentation upon receipt.
20     c.  The purchaser, within 10 days of removing the boat or
21aircraft from Florida, shall furnish the department with proof
22of removal in the form of receipts for fuel, dockage, slippage,
23tie-down, or hangaring from outside of Florida. The information
24so provided must clearly and specifically identify the boat or
25aircraft;
26     d.  The selling dealer, within 5 days of the date of sale,
27shall provide to the department a copy of the sales invoice,
28closing statement, bills of sale, and the original affidavit
29signed by the purchaser attesting that he or she has read the
30provisions of this section;
31     e.  The seller makes a copy of the affidavit a part of his
32or her record for as long as required by s. 213.35; and
33     f.  Unless the nonresident purchaser of a boat of 5 net
34tons of admeasurement or larger intends to remove the boat from
35this state within 10 days after the date of purchase or when the
36boat is repaired or altered, within 20 days after completion of
37the repairs or alterations, the nonresident purchaser shall
38apply to the selling dealer for a decal which authorizes 90 days
39after the date of purchase for removal of the boat. The
40nonresident purchaser of a qualifying boat may apply to the
41selling dealer within 60 days after the date of purchase for an
42extension decal that authorizes the boat to remain in this state
43for an additional 90 days, but not more than a total of 180
44days, before the nonresident purchaser is required to pay the
45tax imposed by this chapter. The department is authorized to
46issue decals in advance to dealers. The number of decals issued
47in advance to a dealer shall be consistent with the volume of
48the dealer's past sales of boats which qualify under this sub-
49subparagraph. The selling dealer or his or her agent shall mark
50and affix the decals to qualifying boats in the manner
51prescribed by the department, prior to delivery of the boat.
52     (I)  The department is hereby authorized to charge dealers
53a fee sufficient to recover the costs of decals issued, except  
54the extension decal shall cost $350.
55     (II)  The proceeds from the sale of decals will be
56deposited into the administrative trust fund.
57     (III)  Decals shall display information to identify the
58boat as a qualifying boat under this sub-subparagraph,
59including, but not limited to, the decal's date of expiration.
60     (IV)  The department is authorized to require dealers who
61purchase decals to file reports with the department and may
62prescribe all necessary records by rule. All such records are
63subject to inspection by the department.
64     (V)  Any dealer or his or her agent who issues a decal
65falsely, fails to affix a decal, mismarks the expiration date of
66a decal, or fails to properly account for decals will be
67considered prima facie to have committed a fraudulent act to
68evade the tax and will be liable for payment of the tax plus a
69mandatory penalty of 200 percent of the tax, and shall be liable
70for fine and punishment as provided by law for a conviction of a
71misdemeanor of the first degree, as provided in s. 775.082 or s.
72775.083.
73     (VI)  Any nonresident purchaser of a boat who removes a
74decal prior to permanently removing the boat from the state, or
75defaces, changes, modifies, or alters a decal in a manner
76affecting its expiration date prior to its expiration, or who
77causes or allows the same to be done by another, will be
78considered prima facie to have committed a fraudulent act to
79evade the tax and will be liable for payment of the tax plus a
80mandatory penalty of 200 percent of the tax, and shall be liable
81for fine and punishment as provided by law for a conviction of a
82misdemeanor of the first degree, as provided in s. 775.082 or s.
83775.083.
84     (VII)  The department is authorized to adopt rules
85necessary to administer and enforce this subparagraph and to
86publish the necessary forms and instructions.
87     (VIII)  The department is hereby authorized to adopt
88emergency rules pursuant to s. 120.54(4) to administer and
89enforce the provisions of this subparagraph.
90
91If the purchaser fails to remove the qualifying boat from this
92state within the maximum 180 90 days after purchase or a
93nonqualifying boat or an aircraft from this state within 10 days
94after purchase or, when the boat or aircraft is repaired or
95altered, within 20 days after completion of such repairs or
96alterations, or permits the boat or aircraft to return to this
97state within 6 months from the date of departure, or if the
98purchaser fails to furnish the department with any of the
99documentation required by this subparagraph within the
100prescribed time period, the purchaser shall be liable for use
101tax on the cost price of the boat or aircraft and, in addition
102thereto, payment of a penalty to the Department of Revenue equal
103to the tax payable. This penalty shall be in lieu of the penalty
104imposed by s. 212.12(2) and is mandatory and shall not be waived
105by the department. The maximum 180-day
106
107
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T I T L E  A M E N D M E N T
109     Remove lines 11-13 and insert:
110definition; amending s. 212.05, F.S.; extending the time
111nonresident purchasers have to remove a boat from the state
112after purchase; providing for an extension decal to be issued by
113a dealer; imposing a decal cost; revising industry code
114designations; amending s.


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