1 | A bill to be entitled |
2 | An act relating to taxation; directing the Department of |
3 | Revenue to develop and implement an amnesty program for |
4 | taxpayers subject to the state and local taxes imposed by |
5 | chapters 125, 175, 185, 198, 199, 201, 202, 203, 206, 211, |
6 | 212, 220, 221, 252, 336, 376, 403, 624, 627, 629, and 681, |
7 | F.S., and required to be paid to the Department of |
8 | Revenue; providing time periods; providing program |
9 | guidelines; providing for eligible participants; providing |
10 | for waiver of penalties and interest under specified |
11 | circumstances; providing for emergency rules; providing an |
12 | appropriation; amending s. 213.053, F.S.; providing that |
13 | the department may release confidential taxpayer |
14 | information relating to a corporation having an |
15 | outstanding tax warrant to the Department of Business and |
16 | Professional Regulation; authorizing the department to |
17 | publish a list of taxpayers against whom it has filed a |
18 | warrant, notice of lien, or judgment lien certificate; |
19 | requiring the department to update the list at least |
20 | monthly; authorizing the department to adopt rules; |
21 | authorizing the department to provide confidential |
22 | taxpayer information relating to collections from |
23 | taxpayers against whom it has taken a collection action; |
24 | amending s. 213.50, F.S.; authorizing the Division of |
25 | Hotels and Restaurants of the Department of Business and |
26 | Professional Regulation to revoke or deny the renewal of a |
27 | license to operate a public lodging establishment or |
28 | public food service establishment under certain |
29 | circumstances; creating s. 213.692, F.S.; authorizing the |
30 | Department of Revenue to revoke all certificates of |
31 | registration, permits, or licenses issued to a taxpayer |
32 | against whose property the department has filed a warrant, |
33 | notice of lien, or judgment lien certificate; requiring |
34 | the scheduling of an informal conference before revocation |
35 | of the certificates of registration, permits, or licenses; |
36 | prohibiting the Department of Revenue from issuing a |
37 | certificate of registration, permit, or license to a |
38 | taxpayer whose certificate of registration, permit, or |
39 | license has been revoked; providing exceptions; requiring |
40 | security as a condition of issuing a new certificate of |
41 | registration to a person whose certificate of |
42 | registration, permit, or license has been revoked after |
43 | the filing of a warrant, notice of lien, or judgment lien |
44 | certificate; authorizing the department to adopt rules, |
45 | including emergency rules; creating s. 213.758, F.S.; |
46 | defining terms; providing for the transfer of tax |
47 | liabilities to the transferee of a business or a stock of |
48 | goods under certain circumstances; providing exceptions; |
49 | requiring a taxpayer who quits a business to file a final |
50 | tax return; authorizing the Department of Legal Affairs to |
51 | seek injunctions to prevent business activities until |
52 | taxes are paid; requiring the transferor of a business or |
53 | stock of goods to file a final tax return and make a full |
54 | tax payment after a transfer; authorizing a transferee of |
55 | a business or stock of goods to withhold a portion of the |
56 | consideration for the transfer for the payment of certain |
57 | taxes; authorizing the Department of Legal Affairs to seek |
58 | an injunction to prevent business activities by a |
59 | transferee until the taxes are paid; providing that the |
60 | transferees are jointly and severally liable with the |
61 | transferor for the payment of taxes, interest, or |
62 | penalties under certain circumstances; limiting the |
63 | transferee's liability to the value or purchase price of |
64 | the transferred property; specifying a time period within |
65 | which a transferee may file certain actions; providing no |
66 | liability to a transferee for a an involuntary transfer; |
67 | authorizing the Department of Revenue to adopt rules; |
68 | reenacting and amending s. 218.12, F.S.; making permanent |
69 | a methodology for determining the value of assessments for |
70 | certain homesteads for certain purposes; authorizing full- |
71 | time equivalent positions and providing an appropriation |
72 | for the purpose of conducting audits and tax collection |
73 | services in the Department of Revenue; providing an |
74 | effective date. |
75 |
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76 | Be It Enacted by the Legislature of the State of Florida: |
77 |
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78 | Section 1. (1) No later than July 1, 2010, the Department |
79 | of Revenue shall develop and implement an amnesty program for |
80 | taxpayers subject to the state and local taxes imposed by |
81 | chapters 125, 175, 185, 198, 199, 201, 202, 203, 206, 211, 212, |
82 | 220, 221, 252, 336, 376, 403, 624, 627, 629, and 681, Florida |
83 | Statutes. |
84 | (2) The amnesty program shall be a one-time opportunity |
85 | for eligible taxpayers to satisfy their tax liabilities under |
86 | the revenue laws of this state and thereby avoid criminal |
87 | prosecution, penalties, and interest as provided in subsections |
88 | (5), (6), and (7). Any taxpayer that has entered into a |
89 | settlement of liability for state or local option taxes before |
90 | July 1, 2010, whether or not full and complete payment of the |
91 | settlement amount has been made, is not eligible to participate |
92 | in the amnesty program. |
93 | (3) The amnesty program shall be in effect for a 3-month |
94 | period beginning on July 1, 2010, and ending on September 30, |
95 | 2010. The amnesty program shall apply only to tax liabilities |
96 | due prior to July 1, 2010. In order to participate in the |
97 | amnesty program, eligible taxpayers must file the forms and |
98 | other documentation specified by the Department of Revenue, |
99 | including, but not limited to, returns and amended returns, and |
100 | must make full payment of tax due, the interest due as provided |
101 | in subsections (5) and (6), and the administrative collection |
102 | processing fee imposed pursuant to s. 213.24, Florida Statutes. |
103 | (4) The administrative collection processing fee imposed |
104 | pursuant to s. 213.24, Florida Statutes, shall be calculated on |
105 | the tax, penalty, and interest due before the reductions allowed |
106 | by the amnesty program. |
107 | (5) A taxpayer may participate in the amnesty program |
108 | whether or not the taxpayer is under audit, inquiry, |
109 | examination, or civil investigation initiated by the Department |
110 | of Revenue, regardless of whether the amount due is included in |
111 | a proposed assessment or an assessment, bill, notice, or demand |
112 | for payment issued by the Department of Revenue, and without |
113 | regard to whether the amount due is subject to a pending |
114 | administrative or judicial proceeding. If any of the |
115 | circumstances set forth in this subsection apply, the taxpayer |
116 | shall pay the full amount of the tax due and 75 percent of the |
117 | amount of interest due. When the department has issued a notice |
118 | of intent to conduct an audit to a taxpayer but has not |
119 | commenced the audit, the taxpayer may apply to the department |
120 | during the amnesty program for approval to have the audit |
121 | converted to the certified audits program authorized by s. |
122 | 213.285, Florida Statutes. When a taxpayer has been approved |
123 | during the amnesty program to have an audit converted to the |
124 | certified audits program, payment of any liability determined as |
125 | a result of this participation in the certified audits program |
126 | must be made during the period the amnesty program is in effect. |
127 | A taxpayer that is participating in the certified audits program |
128 | authorized by s. 213.285, Florida Statutes, is eligible for the |
129 | interest and penalty compromises authorized by the amnesty |
130 | program or the certified audits program, but not both. |
131 | (6) If the circumstances set forth in subsection (5) do |
132 | not apply and the initial contact with the Department of Revenue |
133 | is made by the taxpayer pursuant to the amnesty program, the |
134 | taxpayer shall pay the full amount of the tax due and 50 percent |
135 | of the amount of interest due. |
136 | (7) Penalties may not be imposed on any tax paid pursuant |
137 | to the amnesty program, and the Department of Revenue may not |
138 | initiate a criminal investigation against or refer for |
139 | prosecution any taxpayer participating in the amnesty program |
140 | with respect to the failure to timely pay the tax disclosed in |
141 | the amnesty program. |
142 | (8) Participation in the amnesty program is conditioned |
143 | upon the taxpayer's express waiver of rights to contest taxes |
144 | being reported pursuant to the amnesty program. If the taxes |
145 | reported pursuant to the amnesty program are the subject of a |
146 | pending informal protest under s. 213.21, Florida Statutes, or |
147 | of administrative or judicial proceedings that have not become |
148 | final as of the date payment of the taxes is made pursuant to |
149 | the amnesty program, participation in the amnesty program is |
150 | conditioned upon the taxpayer's withdrawal of such informal |
151 | protest or dismissal of such administrative or judicial |
152 | proceeding. Participation in the amnesty program is also |
153 | conditioned upon the taxpayer's express agreement to waive any |
154 | right to claim a refund or to protest or initiate an |
155 | administrative or judicial proceeding to review any denial of a |
156 | refund claim for any refund of tax or interest paid under the |
157 | amnesty program except as provided in this subsection. A refund |
158 | of any penalty or interest paid prior to July 1, 2010, may not |
159 | be made. Any credit or refund of tax or interest paid as a |
160 | result of participation in the amnesty program is strictly |
161 | limited to amounts determined by the Department of Revenue to |
162 | have been paid in error. |
163 | (9) A taxpayer under criminal investigation, indictment, |
164 | information, or prosecution regarding a revenue law of this |
165 | state is not eligible to participate in the amnesty program. A |
166 | taxpayer under pretrial intervention or a diversion program, |
167 | probation, or community control or in a work camp, jail, state |
168 | prison, or another correctional system regarding a revenue law |
169 | of this state is not eligible to participate in the amnesty |
170 | program. |
171 | (10) With or without an audit, the Department of Revenue |
172 | may issue a notice or demand for payment with respect to any tax |
173 | or interest that the department determines to be due with any |
174 | return filed under the tax amnesty program, and such notice and |
175 | demand is prima facie correct in any administrative, judicial, |
176 | or quasi-judicial proceeding. |
177 | (11) The Department of Revenue may, on the basis of fraud, |
178 | misrepresentation, or mutual mistake of fact, rescind a grant of |
179 | amnesty, including any amnesty granted as a result of |
180 | participation in the certified audit program during the period |
181 | the amnesty program is in effect. Any taxpayer that files under |
182 | the amnesty program false or fraudulent returns, forms, or |
183 | documentation or attempts in any manner to defeat or evade a tax |
184 | is subject to applicable penalties and criminal prosecution. |
185 | (12) Any local option tax administered by a local |
186 | government that imposed the tax pursuant to a statute permitting |
187 | self-administration is excluded from the amnesty program unless |
188 | the local government notifies the Department of Revenue by June |
189 | 1, 2010, that it chooses to participate in the amnesty program. |
190 | (13) The executive director of the Department of Revenue |
191 | may adopt emergency rules under ss. 120.536(1) and 120.54(4), |
192 | Florida Statutes, to implement the amnesty program. Such rules |
193 | may provide forms, procedures, terms, conditions, and methods of |
194 | payment appropriate for fair and effective administration of the |
195 | amnesty program and to ensure taxpayers' ongoing commitment to |
196 | proper remittance of taxes to the state. Notwithstanding any |
197 | other law, the emergency rules shall remain in effect until 6 |
198 | months after the date of adoption of the rule or the date of |
199 | final resolution of all amnesty applications filed pursuant to |
200 | this section, whichever is later. |
201 | Section 2. The sum of $1,234,000 in nonrecurring funds is |
202 | appropriated from the General Revenue Fund to the Department of |
203 | Revenue for the purpose of administering the amnesty program |
204 | created by this act. Funds remaining unexpended or unencumbered |
205 | from this appropriation as of June 30, 2010, shall revert and be |
206 | reappropriated for the same purpose in fiscal year 2010-2011. |
207 | Section 3. Effective July 1, 2010, paragraph (d) of |
208 | subsection (8) of section 213.053, Florida Statutes, is amended, |
209 | and subsections (20) and (21) are added to that section, to |
210 | read: |
211 | 213.053 Confidentiality and information sharing.- |
212 | (8) Notwithstanding any other provision of this section, |
213 | the department may provide: |
214 | (d) Names, addresses, and sales tax registration |
215 | information, and information relating to a public lodging |
216 | establishment or a public food service establishment having an |
217 | outstanding tax warrant, notice of lien, or judgment lien |
218 | certificate to the Division of Hotels and Restaurants of the |
219 | Department of Business and Professional Regulation in the |
220 | conduct of its official duties. |
221 |
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222 | Disclosure of information under this subsection shall be |
223 | pursuant to a written agreement between the executive director |
224 | and the agency. Such agencies, governmental or nongovernmental, |
225 | shall be bound by the same requirements of confidentiality as |
226 | the Department of Revenue. Breach of confidentiality is a |
227 | misdemeanor of the first degree, punishable as provided by s. |
228 | 775.082 or s. 775.083. |
229 | (20)(a) The department may publish a list of taxpayers |
230 | against whom the department has filed a warrant, notice of lien, |
231 | or judgment lien certificate. The list may include the name and |
232 | address of each taxpayer; the amounts and types of delinquent |
233 | taxes, fees, or surcharges, penalties, or interest; and the |
234 | employer identification number or other taxpayer identification |
235 | number. |
236 | (b) The department shall update the list at least monthly |
237 | to reflect payments for resolution of deficiencies and to |
238 | otherwise add or remove taxpayers from the list. |
239 | (c) The department may adopt rules to administer this |
240 | subsection. |
241 | (21) The department may disclose information relating to |
242 | taxpayers against whom the department has filed a warrant, |
243 | notice of lien, or judgment lien certificate. Such information |
244 | includes the name and address of the taxpayer, the actions |
245 | taken, the amounts and types of liabilities, and the amount of |
246 | any collections made. |
247 | Section 4. Effective July 1, 2010, section 213.50, Florida |
248 | Statutes, is amended to read: |
249 | 213.50 Failure to comply; revocation of corporate charter |
250 | or license to operate a public lodging establishment or public |
251 | food service establishment; refusal to reinstate charter or |
252 | license.- |
253 | (1) Any corporation of this state which has an outstanding |
254 | tax warrant that has existed for more than 3 consecutive months |
255 | is subject to the revocation of its charter as provided in s. |
256 | 607.1420. |
257 | (2) A request for reinstatement of a corporate charter may |
258 | not be granted by the Division of Corporations of the Department |
259 | of State if an outstanding tax warrant has existed for that |
260 | corporation for more than 3 consecutive months. |
261 | (3)(a) The Division of Hotels and Restaurants of the |
262 | Department of Business and Professional Regulation may revoke a |
263 | license to operate a public lodging establishment or a public |
264 | food service establishment if a tax warrant has been outstanding |
265 | against the licenseholder for more than 3 months. |
266 | (b) The division may deny an application to renew a |
267 | license to operate a public lodging establishment or a public |
268 | food service establishment if a tax warrant has been outstanding |
269 | against the licenseholder for more than 3 months. |
270 | Section 5. Effective July 1, 2010, section 213.692, |
271 | Florida Statutes, is created to read: |
272 | 213.692 Integrated enforcement authority.- |
273 | (1) If the department files a warrant, notice of lien, or |
274 | judgment lien certificate against the property of a taxpayer, |
275 | the department may also revoke all certificates of registration, |
276 | permits, or licenses issued by the department to that taxpayer. |
277 | (a) Before the department may revoke the certificates of |
278 | registration, permits, or licenses, the department must schedule |
279 | an informal conference that the taxpayer is required to attend. |
280 | At the conference, the taxpayer may present evidence regarding |
281 | the department's intended action or enter into a compliance |
282 | agreement. The department must provide written notice to the |
283 | taxpayer of the department's intended action and the time, date, |
284 | and place of the conference. The department shall issue an |
285 | administrative complaint to revoke the certificates of |
286 | registration, permits, or licenses if the taxpayer does not |
287 | attend the conference, enter into a compliance agreement, or |
288 | comply with the compliance agreement. |
289 | (b) The department may not issue a certificate of |
290 | registration, permit, or license to a taxpayer whose certificate |
291 | of registration, permit, or license has been revoked unless: |
292 | 1. The outstanding liabilities of the taxpayer have been |
293 | satisfied; or |
294 | 2. The department enters into a written agreement with the |
295 | taxpayer regarding any outstanding liabilities and, as part of |
296 | such agreement, agrees to issue a certificate of registration, |
297 | permit, or license. |
298 | (c) The department shall require a cash deposit, bond, or |
299 | other security as a condition of issuing a new certificate of |
300 | registration pursuant to the requirements of s. 212.14(4). |
301 | (2) If the department files a warrant or a judgment lien |
302 | certificate in connection with a jeopardy assessment, the |
303 | department must comply with the procedures in s. 213.732 before |
304 | or in conjunction with those provided in this section. |
305 | (3) The department may adopt rules to administer this |
306 | section. |
307 | Section 6. Effective July 1, 2010, the Department of |
308 | Revenue is authorized to adopt emergency rules pursuant to ss. |
309 | 120.536(1) and 120.54, Florida Statutes, to administer s. |
310 | 213.692, Florida Statutes. The emergency rules shall remain in |
311 | effect for 6 months after adoption and may be renewed during the |
312 | pendency of procedures to adopt rules addressing the subject of |
313 | the emergency rules. |
314 | Section 7. Section 213.758, Florida Statutes, is created |
315 | to read: |
316 | 213.758 Transfer of tax liabilities.- |
317 | (1) As used in this section, the term: |
318 | (a) "Involuntary transfer" means a transfer of a business |
319 | or stock of goods made without the consent of the transferor, |
320 | including, but not limited to, a transfer: |
321 | 1. That occurs due to the foreclosure of a security |
322 | interest issued to a person who is not an insider as defined in |
323 | s. 726.102; |
324 | 2. That results from an eminent domain or condemnation |
325 | action; |
326 | 3. Pursuant to chapter 61, chapter 702, or the United |
327 | States Bankruptcy Code; |
328 | 4. To a financial institution, as defined in s. 655.005, |
329 | if the transfer is made to satisfy the transferor's debt to the |
330 | financial institution; or |
331 | 5. To a third party to the extent that the proceeds are |
332 | used to satisfy the transferor's indebtedness to a financial |
333 | institution as defined in s. 655.005. If the third party |
334 | receives assets worth more than the indebtedness, the transfer |
335 | of the excess may not be deemed an involuntary transfer. |
336 | (b) "Transfer" means every mode, direct or indirect, with |
337 | or without consideration, of disposing of or parting with a |
338 | business or stock of goods, and includes, but is not limited to, |
339 | assigning, conveying, demising, gifting, granting, or selling. |
340 | (2) A taxpayer who is liable for any tax, interest, |
341 | penalty, surcharge, or fee administered by the department |
342 | pursuant to chapter 443 or described in s. 72.011(1), excluding |
343 | corporate income tax, and who quits a business without the |
344 | benefit of a purchaser, successor, or assignee, or without |
345 | transferring the business or stock of goods to a transferee, |
346 | must file a final return and make full payment within 15 days |
347 | after quitting the business. A taxpayer who fails to file a |
348 | final return and make payment may not engage in any business in |
349 | this state until the final return has been filed and all taxes, |
350 | interest, or penalties due have been paid. The Department of |
351 | Legal Affairs may seek an injunction at the request of the |
352 | department to prevent further business activity until such tax, |
353 | interest, or penalties are paid. A temporary injunction |
354 | enjoining further business activity may be granted by a court |
355 | without notice. |
356 | (3) A taxpayer who is liable for taxes, interest, or |
357 | penalties levied under chapter 443 or any of the chapters |
358 | specified in s. 213.05, excluding corporate income tax, who |
359 | transfers the taxpayer's business or stock of goods, must file a |
360 | final return and make full payment within 15 days after the date |
361 | of transfer. |
362 | (4)(a) A transferee, or a group of transferees acting in |
363 | concert, of more than 50 percent of a business or stock of goods |
364 | is liable for any tax, interest, or penalties owed by the |
365 | transferor unless: |
366 | 1. The transferor provides a receipt or certificate from |
367 | the department to the transferee showing that the transferor is |
368 | not liable for taxes, interest, or penalties from the operation |
369 | of the business; and |
370 | 2. The department finds that the transferor is not liable |
371 | for taxes, interest, or penalties after an audit of the |
372 | transferor's books and records. The audit may be requested by |
373 | the transferee or the transferor. The department may charge a |
374 | fee for the cost of the audit if it has not issued a notice of |
375 | intent to audit by the time the request for the audit is |
376 | received. |
377 | (b) A transferee may withhold a portion of the |
378 | consideration for a business or stock of goods to pay the taxes, |
379 | interest, or penalties owed to the state from the operation of |
380 | the business. The transferee shall pay the withheld |
381 | consideration to the state within 30 days after the date of the |
382 | transfer. If the consideration withheld is less than the |
383 | transferor's liability, the transferor remains liable for the |
384 | deficiency. |
385 | (c) A transferee who acquires the business or stock of |
386 | goods and fails to pay the taxes, interest, or penalties due may |
387 | not engage in any business in the state until the taxes, |
388 | interest, or penalties are paid. The Department of Legal Affairs |
389 | may seek an injunction at the request of the department to |
390 | prevent further business activity until such tax, interest, or |
391 | penalties are paid. A temporary injunction enjoining further |
392 | business activity may be granted by a court without notice. |
393 | (5) The transferee, or transferees acting in concert, of |
394 | more than 50 percent of a business or stock of goods are jointly |
395 | and severally liable with the transferor for the payment of the |
396 | taxes, interest, or penalties owed to the state from the |
397 | operation of the business by the transferor. |
398 | (6) The maximum liability of a transferee pursuant to this |
399 | section is equal to the fair market value of the property |
400 | transferred or the total purchase price, whichever is greater. |
401 | (7) After notice by the department of transferee liability |
402 | under this section, the transferee has 60 days within which to |
403 | file an action as provided in chapter 72. |
404 | (8) This section does not impose liability on a transferee |
405 | of a business or stock of goods pursuant to an involuntary |
406 | transfer. |
407 | (9) The department may adopt rules necessary to administer |
408 | and enforce this section. |
409 | Section 8. Notwithstanding section 25 of chapter 2009-82, |
410 | Laws of Florida, subsection (3) of section 218.12, Florida |
411 | Statutes, as created by section 24 of chapter 2009-82, Laws of |
412 | Florida, shall not expire July 1, 2010, but is reenacted and |
413 | amended to read: |
414 | 218.12 Appropriations to offset reductions in ad valorem |
415 | tax revenue in fiscally constrained counties.- |
416 | (3) In determining the reductions in ad valorem tax |
417 | revenues occurring as a result of the implementation of the |
418 | revisions to Art. VII of the State Constitution approved in the |
419 | special election held on January 29, 2008, the value of |
420 | assessments reduced pursuant to s. 4(d)(8)a., Art. VII of the |
421 | State Constitution shall include only the reduction in taxable |
422 | value for homesteads established January 1 of the year in which |
423 | the determination is being made, 2009. |
424 | Section 9. For fiscal year 2010-2011, 25 full-time |
425 | equivalent positions, with associated salary rate of $817,448, |
426 | are authorized. Also for fiscal year 2010-2011, the sums of |
427 | $1,445,100 in recurring funds and $96,925 in nonrecurring funds |
428 | from the General Revenue Fund are appropriated to the Department |
429 | of Revenue for the purpose of conducting audits and tax |
430 | collection services in the department. |
431 | Section 10. Except as otherwise expressly provided in this |
432 | act, this act shall take effect upon becoming a law. |