| 1 | A reviser's bill to be entitled |
| 2 | An act relating to the Florida Statutes; repealing ss. |
| 3 | 212.08(7)(ccc), 267.171, 288.1162(6)(b), 288.95155(2)(b), |
| 4 | 288.99, 316.1893(2), 320.0609(2)(c), 320.131(1)(m), |
| 5 | 379.2211, 379.2212, 400.179(2)(e), 420.9072(7)(b), |
| 6 | 494.0017, 494.0029, 494.00295, 494.0031, 494.0032, |
| 7 | 494.0033, 494.0034, 494.0041, 494.0061, 494.0062, |
| 8 | 494.0064, 494.0065, 494.0072, 624.4072, 1006.15(8), and |
| 9 | 1013.37(6), F.S.; and amending ss. 339.135(4)(a) and |
| 10 | 377.6015(1)(a), F.S.; to delete provisions which have |
| 11 | become inoperative by noncurrent repeal or expiration and, |
| 12 | pursuant to s. 11.242(5)(b) and (i), may be omitted from |
| 13 | the 2011 Florida Statutes only through a reviser's bill |
| 14 | duly enacted by the Legislature; amending ss. 14.2015, |
| 15 | 212.05, 213.053, and 220.192, F.S., to conform cross- |
| 16 | references; providing an effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. Paragraph (ccc) of subsection (7) of section |
| 21 | 212.08, Florida Statutes, is repealed. |
| 22 | Reviser's note.-The cited paragraph, which relates to |
| 23 | a sales tax exemption for equipment, machinery, and |
| 24 | other materials for renewable energy technologies, |
| 25 | expired pursuant to its own terms, effective July 1, |
| 26 | 2010. |
| 27 | Section 2. Section 267.171, Florida Statutes, is repealed. |
| 28 | Reviser's note.-The cited section, which relates to a |
| 29 | contract between the Department of State and the City |
| 30 | of St. Augustine for preservation of historical |
| 31 | properties in St. Augustine, was repealed by s. 3, ch. |
| 32 | 2007-54, Laws of Florida, "[u]pon execution of a |
| 33 | contract between the Board of Trustees of the Internal |
| 34 | Improvement Trust Fund and the University of Florida |
| 35 | for the management of state-owned properties currently |
| 36 | managed by the City of St. Augustine under contract |
| 37 | with the Department of State." The Department of State |
| 38 | informed the Division of Statutory Revision that the |
| 39 | new contract is now in effect. |
| 40 | Section 3. Paragraph (b) of subsection (6) of section |
| 41 | 288.1162, Florida Statutes, is repealed. |
| 42 | Reviser's note.-The cited paragraph, which states that |
| 43 | the eighth certification of an application for a |
| 44 | facility for a new or retained professional sports |
| 45 | franchise shall be for a franchise that is a member of |
| 46 | the National Basketball Association, has been located |
| 47 | within the state since 1987, and has not been |
| 48 | previously certified, was repealed pursuant to its own |
| 49 | terms, effective July 1, 2010. |
| 50 | Section 4. Paragraph (b) of subsection (2) of section |
| 51 | 288.95155, Florida Statutes, is repealed. |
| 52 | Reviser's note.-The cited paragraph, which relates to |
| 53 | an advancement of up to $600,000 from the small |
| 54 | business technology growth account in the Florida |
| 55 | Technology Research Investment Fund to the Institute |
| 56 | for Commercialization of Public Research for the 2009- |
| 57 | 2010 fiscal year only, expired pursuant to its own |
| 58 | terms, effective July 1, 2010. |
| 59 | Section 5. Section 288.99, Florida Statutes, is repealed. |
| 60 | Reviser's note.-The cited section, the Certified |
| 61 | Capital Company Act, was repealed pursuant to its own |
| 62 | terms, effective December 31, 2010. |
| 63 | Section 6. Subsection (2) of section 316.1893, Florida |
| 64 | Statutes, is repealed. |
| 65 | Reviser's note.-The cited subsection, which relates to |
| 66 | a pilot program to identify enhanced penalty zones on |
| 67 | state roads in Brevard, Duval, and Palm Beach Counties |
| 68 | in an effort to reduce speed-related crashes on state |
| 69 | roads, was repealed pursuant to its own terms, |
| 70 | effective July 1, 2010. |
| 71 | Section 7. Paragraph (c) of subsection (2) of section |
| 72 | 320.0609, Florida Statutes, is repealed. |
| 73 | Reviser's note.-The cited paragraph, which relates to |
| 74 | temporary tag issuance and display during the time |
| 75 | that the application for transfer of the license plate |
| 76 | is being processed in a situation where a retail sale |
| 77 | of a motor vehicle by a licensed independent motor |
| 78 | vehicle dealer results in transfer of a registration |
| 79 | license plate, was repealed pursuant to its own terms, |
| 80 | effective June 30, 2010. |
| 81 | Section 8. Paragraph (m) of subsection (1) of section |
| 82 | 320.131, Florida Statutes, is repealed. |
| 83 | Reviser's note.-The cited paragraph, which relates to |
| 84 | authorization for design, issuance, and regulation of |
| 85 | temporary tags for retail sale by a licensed |
| 86 | independent motor vehicle dealer when an application |
| 87 | for transfer of a registration license plate is being |
| 88 | processed, was repealed pursuant to its own terms, |
| 89 | effective June 30, 2010. |
| 90 | Section 9. Paragraph (a) of subsection (4) of section |
| 91 | 339.135, Florida Statutes, is amended to read: |
| 92 | 339.135 Work program; legislative budget request; |
| 93 | definitions; preparation, adoption, execution, and amendment.- |
| 94 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.- |
| 95 | (a)1. To assure that no district or county is penalized |
| 96 | for local efforts to improve the State Highway System, the |
| 97 | department shall, for the purpose of developing a tentative work |
| 98 | program, allocate funds for new construction to the districts, |
| 99 | except for the turnpike enterprise, based on equal parts of |
| 100 | population and motor fuel tax collections. Funds for |
| 101 | resurfacing, bridge repair and rehabilitation, bridge fender |
| 102 | system construction or repair, public transit projects except |
| 103 | public transit block grants as provided in s. 341.052, and other |
| 104 | programs with quantitative needs assessments shall be allocated |
| 105 | based on the results of these assessments. The department may |
| 106 | not transfer any funds allocated to a district under this |
| 107 | paragraph to any other district except as provided in subsection |
| 108 | (7). Funds for public transit block grants shall be allocated to |
| 109 | the districts pursuant to s. 341.052. Funds for the intercity |
| 110 | bus program provided for under s. 5311(f) of the federal |
| 111 | nonurbanized area formula program shall be administered and |
| 112 | allocated directly to eligible bus carriers as defined in s. |
| 113 | 341.031(12) at the state level rather than the district. In |
| 114 | order to provide state funding to support the intercity bus |
| 115 | program provided for under provisions of the federal 5311(f) |
| 116 | program, the department shall allocate an amount equal to the |
| 117 | federal share of the 5311(f) program from amounts calculated |
| 118 | pursuant to s. 206.46(3). |
| 119 | 2. Notwithstanding the provisions of subparagraph 1., the |
| 120 | department shall allocate at least 50 percent of any new |
| 121 | discretionary highway capacity funds to the Florida Strategic |
| 122 | Intermodal System created pursuant to s. 339.61. Any remaining |
| 123 | new discretionary highway capacity funds shall be allocated to |
| 124 | the districts for new construction as provided in subparagraph |
| 125 | 1. For the purposes of this subparagraph, the term "new |
| 126 | discretionary highway capacity funds" means any funds available |
| 127 | to the department above the prior year funding level for |
| 128 | capacity improvements, which the department has the discretion |
| 129 | to allocate to highway projects. |
| 130 | 3. Notwithstanding subparagraphs 1. and 2. and ss. |
| 131 | 201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3), |
| 132 | and for the 2010-2011 fiscal year only, the department shall |
| 133 | reduce work program levels to balance the finance plan to the |
| 134 | revised funding levels resulting from any reduction in the 2010- |
| 135 | 2011 General Appropriations Act. This subparagraph expires July |
| 136 | 1, 2011. |
| 137 | 4. For the 2009-2010 fiscal year only, prior to any |
| 138 | project or phase thereof being deferred, the department's cash |
| 139 | balances shall be as provided in paragraph (6)(b), and the |
| 140 | reductions in subparagraph 3. shall be made to financial |
| 141 | projects not programmed for contract letting as identified with |
| 142 | a work program contract class code 8 and the box code RV. These |
| 143 | reductions shall not negatively impact safety or maintenance or |
| 144 | project contingency percentage levels as of April 21, 2009. This |
| 145 | subparagraph expires July 1, 2010. |
| 146 | 5. Notwithstanding subparagraphs 1. and 2. and ss. |
| 147 | 206.46(3) and 334.044(26), and for fiscal years 2009-2010 |
| 148 | through 2013-2014 only, the department shall annually allocate |
| 149 | up to $15 million of the first proceeds of the increased |
| 150 | revenues estimated by the November 2009 Revenue Estimating |
| 151 | Conference to be deposited into the State Transportation Trust |
| 152 | Fund to provide for the portion of the transfer of funds |
| 153 | included in s. 343.58(4)(a)1.a. or 2.a., whichever is |
| 154 | applicable. The transfer of funds included in s. 343.58(4) shall |
| 155 | not negatively impact projects included in fiscal years 2009- |
| 156 | 2010 through 2013-2014 of the work program as of July 1, 2009, |
| 157 | as amended pursuant to subsection (7). This subparagraph expires |
| 158 | July 1, 2014. |
| 159 | Reviser's note.-The cited paragraph is amended to |
| 160 | delete subparagraph 4., which expired pursuant to its |
| 161 | own terms, effective July 1, 2010. |
| 162 | Section 10. Paragraph (a) of subsection (1) of section |
| 163 | 377.6015, Florida Statutes, is amended to read: |
| 164 | 377.6015 Florida Energy and Climate Commission.- |
| 165 | (1) The Florida Energy and Climate Commission is created |
| 166 | within the Executive Office of the Governor. The commission |
| 167 | shall be comprised of nine members appointed by the Governor, |
| 168 | the Commissioner of Agriculture, and the Chief Financial |
| 169 | Officer. |
| 170 | (a) The Governor shall appoint one member from three |
| 171 | persons nominated by the Florida Public Service Commission |
| 172 | Nominating Council, created in s. 350.031, to each of seven |
| 173 | seats on the commission. The Commissioner of Agriculture shall |
| 174 | appoint one member from three persons nominated by the council |
| 175 | to one seat on the commission. The Chief Financial Officer shall |
| 176 | appoint one member from three persons nominated by the council |
| 177 | to one seat on the commission. |
| 178 | 1. The council shall submit the recommendations to the |
| 179 | Governor, the Commissioner of Agriculture, and the Chief |
| 180 | Financial Officer by September 1 of those years in which the |
| 181 | terms are to begin the following October or within 60 days after |
| 182 | a vacancy occurs for any reason other than the expiration of the |
| 183 | term. The Governor, the Commissioner of Agriculture, and the |
| 184 | Chief Financial Officer may proffer names of persons to be |
| 185 | considered for nomination by the council. |
| 186 | 2. The Governor, the Commissioner of Agriculture, and the |
| 187 | Chief Financial Officer shall fill a vacancy occurring on the |
| 188 | commission by appointment of one of the applicants nominated by |
| 189 | the council only after a background investigation of such |
| 190 | applicant has been conducted by the Department of Law |
| 191 | Enforcement. |
| 192 | 3. Members shall be appointed to 3-year terms; however, in |
| 193 | order to establish staggered terms, for the initial |
| 194 | appointments, the Governor shall appoint four members to 3-year |
| 195 | terms, two members to 2-year terms, and one member to a 1-year |
| 196 | term, and the Commissioner of Agriculture and the Chief |
| 197 | Financial Officer shall each appoint one member to a 3-year term |
| 198 | and shall appoint a successor when that appointee's term expires |
| 199 | in the same manner as the original appointment. |
| 200 | 4. The Governor shall select from the membership of the |
| 201 | commission one person to serve as chair. |
| 202 | 5. A vacancy on the commission shall be filled for the |
| 203 | unexpired portion of the term in the same manner as the original |
| 204 | appointment. |
| 205 | 6. If the Governor, the Commissioner of Agriculture, or |
| 206 | the Chief Financial Officer has not made an appointment within |
| 207 | 30 consecutive calendar days after the receipt of the |
| 208 | recommendations, the council shall initiate, in accordance with |
| 209 | this section, the nominating process within 30 days. |
| 210 | 7. Each appointment to the commission shall be subject to |
| 211 | confirmation by the Senate during the next regular session after |
| 212 | the vacancy occurs. If the Senate refuses to confirm or fails to |
| 213 | consider the appointment of the Governor, the Commissioner of |
| 214 | Agriculture, or the Chief Financial Officer, the council shall |
| 215 | initiate, in accordance with this section, the nominating |
| 216 | process within 30 days. |
| 217 | 8. The Governor or the Governor's successor may recall an |
| 218 | appointee. |
| 219 | 9. Notwithstanding subparagraph 7. and for the initial |
| 220 | appointments to the commission only, each initial appointment to |
| 221 | the commission is subject to confirmation by the Senate by the |
| 222 | 2010 Regular Session. If the Senate refuses to confirm or fails |
| 223 | to consider an appointment made by the Governor, the |
| 224 | Commissioner of Agriculture, or the Chief Financial Officer, the |
| 225 | council shall initiate, in accordance with this section, the |
| 226 | nominating process within 30 days after the Senate's refusal to |
| 227 | confirm or failure to consider such appointment. This |
| 228 | subparagraph expires July 1, 2010. |
| 229 | Reviser's note.-The cited paragraph is amended to |
| 230 | delete subparagraph 9., which expired pursuant to its |
| 231 | own terms, effective July 1, 2010. |
| 232 | Section 11. Section 379.2211, Florida Statutes, as amended |
| 233 | by section 87 of chapter 2010-102, Laws of Florida, is repealed. |
| 234 | Reviser's note.-The cited section, which relates to |
| 235 | waterfowl permit revenues, was repealed by s. 62, ch. |
| 236 | 2009-86, Laws of Florida, effective July 1, 2010. |
| 237 | Since the section was not repealed by a "current |
| 238 | session" of the Legislature, it may be omitted from |
| 239 | the 2011 Florida Statutes only through a reviser's |
| 240 | bill duly enacted by the Legislature. See s. |
| 241 | 11.242(5)(b) and (i). |
| 242 | Section 12. Section 379.2212, Florida Statutes, as amended |
| 243 | by section 88 of chapter 2010-102, Laws of Florida, is repealed. |
| 244 | Reviser's note.-The cited section, which relates to |
| 245 | wild turkey permit revenues, was repealed by s. 62, |
| 246 | ch. 2009-86, Laws of Florida, effective July 1, 2010. |
| 247 | Since the section was not repealed by a "current |
| 248 | session" of the Legislature, it may be omitted from |
| 249 | the 2011 Florida Statutes only through a reviser's |
| 250 | bill duly enacted by the Legislature. See s. |
| 251 | 11.242(5)(b) and (i). |
| 252 | Section 13. Paragraph (e) of subsection (2) of section |
| 253 | 400.179, Florida Statutes, is repealed. |
| 254 | Reviser's note.-The cited paragraph, which provides |
| 255 | that paragraph (2)(d) of the section shall not apply |
| 256 | for the 2009-2010 fiscal year only, expired pursuant |
| 257 | to its own terms, effective July 1, 2010. |
| 258 | Section 14. Paragraph (b) of subsection (7) of section |
| 259 | 420.9072, Florida Statutes, is repealed. |
| 260 | Reviser's note.-The cited paragraph, which relates to |
| 261 | local government expenditure of a portion of the local |
| 262 | housing distribution to provide a one-time relocation |
| 263 | grant to persons who meet the income requirements of |
| 264 | the State Housing Initiatives Partnership Program and |
| 265 | who are subject to eviction from rental property due |
| 266 | to foreclosure, expired pursuant to its own terms, |
| 267 | effective July 1, 2010. |
| 268 | Section 15. Sections 494.0017, 494.0029, 494.00295, |
| 269 | 494.0031, 494.0032, 494.0033, 494.0034, 494.0041, 494.0061, |
| 270 | 494.0062, 494.0064, 494.0065, and 494.0072, Florida Statutes, |
| 271 | are repealed. |
| 272 | Reviser's note.-The cited sections, which relate to |
| 273 | mortgage brokerage and lending, were repealed |
| 274 | effective October 1, 2010, by ch. 2009-241, Laws of |
| 275 | Florida, which revised chapter 494 extensively. Since |
| 276 | the sections were not repealed by a "current session" |
| 277 | of the Legislature, they may be omitted from the 2011 |
| 278 | Florida Statutes only through a reviser's bill duly |
| 279 | enacted by the Legislature. See s. 11.242(5)(b) and |
| 280 | (i). |
| 281 | Section 16. Section 624.4072, Florida Statutes, is |
| 282 | repealed. |
| 283 | Reviser's note.-The cited section, which relates to a |
| 284 | limited exemption from taxation and assessments for |
| 285 | minority-owned property and casualty insurers, was |
| 286 | repealed pursuant to its own terms, effective December |
| 287 | 31, 2010. |
| 288 | Section 17. Subsection (8) of section 1006.15, Florida |
| 289 | Statutes, is repealed. |
| 290 | Reviser's note.-The cited subsection, which relates to |
| 291 | a 2-year pilot project in Bradford, Duval, and Nassau |
| 292 | Counties during the 2008-2009 and 2009-2010 academic |
| 293 | years allowing private middle or high school students |
| 294 | to participate in interscholastic or intrascholastic |
| 295 | sports at a public school, was repealed by its own |
| 296 | terms, effective June 30, 2010. |
| 297 | Section 18. Subsection (6) of section 1013.37, Florida |
| 298 | Statutes, is repealed. |
| 299 | Reviser's note.-The cited subsection, which relates to |
| 300 | limitation of standards for new school construction, |
| 301 | remodeling, and renovation projects to the minimum |
| 302 | standards for construction of educational facilities |
| 303 | contained in s. 423 of the Florida Building Code and |
| 304 | the State Requirements for Educational Facilities |
| 305 | contained in rules adopted by the Department of |
| 306 | Education, expired pursuant to its own terms, |
| 307 | effective July 1, 2010. |
| 308 | Section 19. Paragraph (f) of subsection (2) of section |
| 309 | 14.2015, Florida Statutes, is amended to read: |
| 310 | 14.2015 Office of Tourism, Trade, and Economic |
| 311 | Development; creation; powers and duties.- |
| 312 | (2) The purpose of the Office of Tourism, Trade, and |
| 313 | Economic Development is to assist the Governor in working with |
| 314 | the Legislature, state agencies, business leaders, and economic |
| 315 | development professionals to formulate and implement coherent |
| 316 | and consistent policies and strategies designed to provide |
| 317 | economic opportunities for all Floridians. To accomplish such |
| 318 | purposes, the Office of Tourism, Trade, and Economic Development |
| 319 | shall: |
| 320 | (f)1. Administer the Florida Enterprise Zone Act under ss. |
| 321 | 290.001-290.016, the community contribution tax credit program |
| 322 | under ss. 220.183 and 624.5105, the tax refund program for |
| 323 | qualified target industry businesses under s. 288.106, the tax- |
| 324 | refund program for qualified defense contractors and space |
| 325 | flight business contractors under s. 288.1045, contracts for |
| 326 | transportation projects under s. 288.063, the sports franchise |
| 327 | facility programs under ss. 288.1162 and 288.11621, the |
| 328 | professional golf hall of fame facility program under s. |
| 329 | 288.1168, the expedited permitting process under s. 403.973, the |
| 330 | Rural Community Development Revolving Loan Fund under s. |
| 331 | 288.065, the Regional Rural Development Grants Program under s. |
| 332 | 288.018, the Certified Capital Company Act under s. 288.99, the |
| 333 | Florida State Rural Development Council, the Rural Economic |
| 334 | Development Initiative, and other programs that are specifically |
| 335 | assigned to the office by law, by the appropriations process, or |
| 336 | by the Governor. Notwithstanding any other provisions of law, |
| 337 | the office may expend interest earned from the investment of |
| 338 | program funds deposited in the Grants and Donations Trust Fund |
| 339 | to contract for the administration of the programs, or portions |
| 340 | of the programs, enumerated in this paragraph or assigned to the |
| 341 | office by law, by the appropriations process, or by the |
| 342 | Governor. Such expenditures shall be subject to review under |
| 343 | chapter 216. |
| 344 | 2. The office may enter into contracts in connection with |
| 345 | the fulfillment of its duties concerning the Florida First |
| 346 | Business Bond Pool under chapter 159, tax incentives under |
| 347 | chapters 212 and 220, tax incentives under the Certified Capital |
| 348 | Company Act in chapter 288, foreign offices under chapter 288, |
| 349 | the Enterprise Zone program under chapter 290, the Seaport |
| 350 | Employment Training program under chapter 311, the Florida |
| 351 | Professional Sports Team License Plates under chapter 320, |
| 352 | Spaceport Florida under chapter 331, Expedited Permitting under |
| 353 | chapter 403, and in carrying out other functions that are |
| 354 | specifically assigned to the office by law, by the |
| 355 | appropriations process, or by the Governor. |
| 356 | Reviser's note.-Amended to conform to the repeal of s. |
| 357 | 288.99 by this act. |
| 358 | Section 20. Paragraph (a) of subsection (1) of section |
| 359 | 212.05, Florida Statutes, is amended to read: |
| 360 | 212.05 Sales, storage, use tax.-It is hereby declared to |
| 361 | be the legislative intent that every person is exercising a |
| 362 | taxable privilege who engages in the business of selling |
| 363 | tangible personal property at retail in this state, including |
| 364 | the business of making mail order sales, or who rents or |
| 365 | furnishes any of the things or services taxable under this |
| 366 | chapter, or who stores for use or consumption in this state any |
| 367 | item or article of tangible personal property as defined herein |
| 368 | and who leases or rents such property within the state. |
| 369 | (1) For the exercise of such privilege, a tax is levied on |
| 370 | each taxable transaction or incident, which tax is due and |
| 371 | payable as follows: |
| 372 | (a)1.a. At the rate of 6 percent of the sales price of |
| 373 | each item or article of tangible personal property when sold at |
| 374 | retail in this state, computed on each taxable sale for the |
| 375 | purpose of remitting the amount of tax due the state, and |
| 376 | including each and every retail sale. |
| 377 | b. Each occasional or isolated sale of an aircraft, boat, |
| 378 | mobile home, or motor vehicle of a class or type which is |
| 379 | required to be registered, licensed, titled, or documented in |
| 380 | this state or by the United States Government shall be subject |
| 381 | to tax at the rate provided in this paragraph. The department |
| 382 | shall by rule adopt any nationally recognized publication for |
| 383 | valuation of used motor vehicles as the reference price list for |
| 384 | any used motor vehicle which is required to be licensed pursuant |
| 385 | to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any |
| 386 | party to an occasional or isolated sale of such a vehicle |
| 387 | reports to the tax collector a sales price which is less than 80 |
| 388 | percent of the average loan price for the specified model and |
| 389 | year of such vehicle as listed in the most recent reference |
| 390 | price list, the tax levied under this paragraph shall be |
| 391 | computed by the department on such average loan price unless the |
| 392 | parties to the sale have provided to the tax collector an |
| 393 | affidavit signed by each party, or other substantial proof, |
| 394 | stating the actual sales price. Any party to such sale who |
| 395 | reports a sales price less than the actual sales price is guilty |
| 396 | of a misdemeanor of the first degree, punishable as provided in |
| 397 | s. 775.082 or s. 775.083. The department shall collect or |
| 398 | attempt to collect from such party any delinquent sales taxes. |
| 399 | In addition, such party shall pay any tax due and any penalty |
| 400 | and interest assessed plus a penalty equal to twice the amount |
| 401 | of the additional tax owed. Notwithstanding any other provision |
| 402 | of law, the Department of Revenue may waive or compromise any |
| 403 | penalty imposed pursuant to this subparagraph. |
| 404 | 2. This paragraph does not apply to the sale of a boat or |
| 405 | aircraft by or through a registered dealer under this chapter to |
| 406 | a purchaser who, at the time of taking delivery, is a |
| 407 | nonresident of this state, does not make his or her permanent |
| 408 | place of abode in this state, and is not engaged in carrying on |
| 409 | in this state any employment, trade, business, or profession in |
| 410 | which the boat or aircraft will be used in this state, or is a |
| 411 | corporation none of the officers or directors of which is a |
| 412 | resident of, or makes his or her permanent place of abode in, |
| 413 | this state, or is a noncorporate entity that has no individual |
| 414 | vested with authority to participate in the management, |
| 415 | direction, or control of the entity's affairs who is a resident |
| 416 | of, or makes his or her permanent abode in, this state. For |
| 417 | purposes of this exemption, either a registered dealer acting on |
| 418 | his or her own behalf as seller, a registered dealer acting as |
| 419 | broker on behalf of a seller, or a registered dealer acting as |
| 420 | broker on behalf of the purchaser may be deemed to be the |
| 421 | selling dealer. This exemption shall not be allowed unless: |
| 422 | a. The purchaser removes a qualifying boat, as described |
| 423 | in sub-subparagraph f., from the state within 90 days after the |
| 424 | date of purchase or extension, or the purchaser removes a |
| 425 | nonqualifying boat or an aircraft from this state within 10 days |
| 426 | after the date of purchase or, when the boat or aircraft is |
| 427 | repaired or altered, within 20 days after completion of the |
| 428 | repairs or alterations; |
| 429 | b. The purchaser, within 30 days from the date of |
| 430 | departure, shall provide the department with written proof that |
| 431 | the purchaser licensed, registered, titled, or documented the |
| 432 | boat or aircraft outside the state. If such written proof is |
| 433 | unavailable, within 30 days the purchaser shall provide proof |
| 434 | that the purchaser applied for such license, title, |
| 435 | registration, or documentation. The purchaser shall forward to |
| 436 | the department proof of title, license, registration, or |
| 437 | documentation upon receipt; |
| 438 | c. The purchaser, within 10 days of removing the boat or |
| 439 | aircraft from Florida, shall furnish the department with proof |
| 440 | of removal in the form of receipts for fuel, dockage, slippage, |
| 441 | tie-down, or hangaring from outside of Florida. The information |
| 442 | so provided must clearly and specifically identify the boat or |
| 443 | aircraft; |
| 444 | d. The selling dealer, within 5 days of the date of sale, |
| 445 | shall provide to the department a copy of the sales invoice, |
| 446 | closing statement, bills of sale, and the original affidavit |
| 447 | signed by the purchaser attesting that he or she has read the |
| 448 | provisions of this section; |
| 449 | e. The seller makes a copy of the affidavit a part of his |
| 450 | or her record for as long as required by s. 213.35; and |
| 451 | f. Unless the nonresident purchaser of a boat of 5 net |
| 452 | tons of admeasurement or larger intends to remove the boat from |
| 453 | this state within 10 days after the date of purchase or when the |
| 454 | boat is repaired or altered, within 20 days after completion of |
| 455 | the repairs or alterations, the nonresident purchaser shall |
| 456 | apply to the selling dealer for a decal which authorizes 90 days |
| 457 | after the date of purchase for removal of the boat. The |
| 458 | nonresident purchaser of a qualifying boat may apply to the |
| 459 | selling dealer within 60 days after the date of purchase for an |
| 460 | extension decal that authorizes the boat to remain in this state |
| 461 | for an additional 90 days, but not more than a total of 180 |
| 462 | days, before the nonresident purchaser is required to pay the |
| 463 | tax imposed by this chapter. The department is authorized to |
| 464 | issue decals in advance to dealers. The number of decals issued |
| 465 | in advance to a dealer shall be consistent with the volume of |
| 466 | the dealer's past sales of boats which qualify under this sub- |
| 467 | subparagraph. The selling dealer or his or her agent shall mark |
| 468 | and affix the decals to qualifying boats in the manner |
| 469 | prescribed by the department, prior to delivery of the boat. |
| 470 | (I) The department is hereby authorized to charge dealers |
| 471 | a fee sufficient to recover the costs of decals issued, except |
| 472 | the extension decal shall cost $425. |
| 473 | (II) The proceeds from the sale of decals will be |
| 474 | deposited into the administrative trust fund. |
| 475 | (III) Decals shall display information to identify the |
| 476 | boat as a qualifying boat under this sub-subparagraph, |
| 477 | including, but not limited to, the decal's date of expiration. |
| 478 | (IV) The department is authorized to require dealers who |
| 479 | purchase decals to file reports with the department and may |
| 480 | prescribe all necessary records by rule. All such records are |
| 481 | subject to inspection by the department. |
| 482 | (V) Any dealer or his or her agent who issues a decal |
| 483 | falsely, fails to affix a decal, mismarks the expiration date of |
| 484 | a decal, or fails to properly account for decals will be |
| 485 | considered prima facie to have committed a fraudulent act to |
| 486 | evade the tax and will be liable for payment of the tax plus a |
| 487 | mandatory penalty of 200 percent of the tax, and shall be liable |
| 488 | for fine and punishment as provided by law for a conviction of a |
| 489 | misdemeanor of the first degree, as provided in s. 775.082 or s. |
| 490 | 775.083. |
| 491 | (VI) Any nonresident purchaser of a boat who removes a |
| 492 | decal prior to permanently removing the boat from the state, or |
| 493 | defaces, changes, modifies, or alters a decal in a manner |
| 494 | affecting its expiration date prior to its expiration, or who |
| 495 | causes or allows the same to be done by another, will be |
| 496 | considered prima facie to have committed a fraudulent act to |
| 497 | evade the tax and will be liable for payment of the tax plus a |
| 498 | mandatory penalty of 200 percent of the tax, and shall be liable |
| 499 | for fine and punishment as provided by law for a conviction of a |
| 500 | misdemeanor of the first degree, as provided in s. 775.082 or s. |
| 501 | 775.083. |
| 502 | (VII) The department is authorized to adopt rules |
| 503 | necessary to administer and enforce this subparagraph and to |
| 504 | publish the necessary forms and instructions. |
| 505 | (VIII) The department is hereby authorized to adopt |
| 506 | emergency rules pursuant to s. 120.54(4) to administer and |
| 507 | enforce the provisions of this subparagraph. |
| 508 |
|
| 509 | If the purchaser fails to remove the qualifying boat from this |
| 510 | state within the maximum 180 days after purchase or a |
| 511 | nonqualifying boat or an aircraft from this state within 10 days |
| 512 | after purchase or, when the boat or aircraft is repaired or |
| 513 | altered, within 20 days after completion of such repairs or |
| 514 | alterations, or permits the boat or aircraft to return to this |
| 515 | state within 6 months from the date of departure, except as |
| 516 | provided in s. 212.08(7)(fff) 212.08(7)(ggg), or if the |
| 517 | purchaser fails to furnish the department with any of the |
| 518 | documentation required by this subparagraph within the |
| 519 | prescribed time period, the purchaser shall be liable for use |
| 520 | tax on the cost price of the boat or aircraft and, in addition |
| 521 | thereto, payment of a penalty to the Department of Revenue equal |
| 522 | to the tax payable. This penalty shall be in lieu of the penalty |
| 523 | imposed by s. 212.12(2). The maximum 180-day period following |
| 524 | the sale of a qualifying boat tax-exempt to a nonresident may |
| 525 | not be tolled for any reason. |
| 526 | Reviser's note.-Amended to conform to the repeal of s. |
| 527 | 212.08(7)(ccc) by this act. |
| 528 | Section 21. Paragraphs (k) and (y) of subsection (8) of |
| 529 | section 213.053, Florida Statutes, are amended to read: |
| 530 | 213.053 Confidentiality and information sharing.- |
| 531 | (8) Notwithstanding any other provision of this section, |
| 532 | the department may provide: |
| 533 | (k)1. Payment information relative to chapters 199, 201, |
| 534 | 202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and |
| 535 | Economic Development, or its employees or agents that are |
| 536 | identified in writing by the office to the department, in the |
| 537 | administration of the tax refund program for qualified defense |
| 538 | contractors and space flight business contractors authorized by |
| 539 | s. 288.1045 and the tax refund program for qualified target |
| 540 | industry businesses authorized by s. 288.106. |
| 541 | 2. Information relative to tax credits taken by a business |
| 542 | under s. 220.191 and exemptions or tax refunds received by a |
| 543 | business under s. 212.08(5)(j) to the Office of Tourism, Trade, |
| 544 | and Economic Development, or its employees or agents that are |
| 545 | identified in writing by the office to the department, in the |
| 546 | administration and evaluation of the capital investment tax |
| 547 | credit program authorized in s. 220.191 and the semiconductor, |
| 548 | defense, and space tax exemption program authorized in s. |
| 549 | 212.08(5)(j). |
| 550 | 3. Information relative to tax credits taken by a taxpayer |
| 551 | pursuant to the tax credit programs created in ss. 193.017; |
| 552 | 212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097; |
| 553 | 212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185; |
| 554 | 220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99; |
| 555 | 290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352; |
| 556 | 550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to |
| 557 | the Office of Tourism, Trade, and Economic Development, or its |
| 558 | employees or agents that are identified in writing by the office |
| 559 | to the department, for use in the administration or evaluation |
| 560 | of such programs. |
| 561 | (y) Information relative to s. ss. 212.08(7)(ccc) and |
| 562 | 220.192 to the Florida Energy and Climate Commission for use in |
| 563 | the conduct of its official business. |
| 564 |
|
| 565 | Disclosure of information under this subsection shall be |
| 566 | pursuant to a written agreement between the executive director |
| 567 | and the agency. Such agencies, governmental or nongovernmental, |
| 568 | shall be bound by the same requirements of confidentiality as |
| 569 | the Department of Revenue. Breach of confidentiality is a |
| 570 | misdemeanor of the first degree, punishable as provided by s. |
| 571 | 775.082 or s. 775.083. |
| 572 | Reviser's note.-Paragraph (k) is amended to conform to |
| 573 | the repeal of s. 288.99 by this act, and paragraph (y) |
| 574 | is amended to conform to the repeal of s. |
| 575 | 212.08(7)(ccc) by this act. |
| 576 | Section 22. Paragraphs (a), (d), and (e) of subsection (1) |
| 577 | of section 220.192, Florida Statutes, are amended to read: |
| 578 | 220.192 Renewable energy technologies investment tax |
| 579 | credit.- |
| 580 | (1) DEFINITIONS.-For purposes of this section, the term: |
| 581 | (a) "Biodiesel" means biodiesel as defined in former s. |
| 582 | 212.08(7)(ccc). |
| 583 | (d) "Ethanol" means ethanol as defined in former s. |
| 584 | 212.08(7)(ccc). |
| 585 | (e) "Hydrogen fuel cell" means hydrogen fuel cell as |
| 586 | defined in former s. 212.08(7)(ccc). |
| 587 | Reviser's note.-Amended to conform to the repeal of s. |
| 588 | 212.08(7)(ccc) by this act. |
| 589 | Section 23. This act shall take effect on the 60th day |
| 590 | after adjournment sine die of the session of the Legislature in |
| 591 | which enacted. |