Florida Senate - 2012                             CS for SB 1304
       
       
       
       By the Committees on Budget Subcommittee on Finance and Tax; and
       Budget Subcommittee on Finance and Tax
       
       
       
       593-02256-12                                          20121304c1
    1                        A bill to be entitled                      
    2         An act relating to tax administration; amending s.
    3         212.03, F.S.; providing that charges for the storage
    4         of towed vehicles are taxable, unless the vehicles are
    5         impounded by a local, state, or federal law
    6         enforcement agency; amending s. 212.07, F.S.;
    7         conforming a cross-reference to changes made by the
    8         act; subjecting a dealer to monetary and criminal
    9         penalties for the willful failure to collect certain
   10         taxes or fees after notice of the duty to collect the
   11         taxes or fees by the Department of Revenue; amending
   12         s. 212.12, F.S.; deleting provisions relating to the
   13         imposition of criminal penalties after notice by the
   14         Department of Revenue of requirements to register as a
   15         dealer or to collect taxes; making technical and
   16         grammatical changes to provisions specifying penalties
   17         for making a false or fraudulent return with the
   18         intent to evade payment of a tax or fee; amending s.
   19         212.14, F.S.; defining the term “person”; authorizing
   20         the Department of Revenue to adopt rules relating to
   21         requirements for a person to deposit cash, a bond, or
   22         other security with the department in order to ensure
   23         compliance with sales tax laws; making technical and
   24         grammatical changes; amending s. 212.18, F.S.;
   25         subjecting a person to criminal penalties for
   26         willfully failing to register as a dealer after notice
   27         of the duty to register by the Department of Revenue;
   28         making technical and grammatical changes; amending s.
   29         213.13, F.S.; revising the due date for funds
   30         collected by the clerks of court to be transmitted to
   31         the Department of Revenue; creating s. 213.295, F.S.;
   32         providing definitions; subjecting a person to criminal
   33         penalties and monetary penalties for knowingly selling
   34         an automated sales suppression device, zapper, or
   35         phantom-ware; defining sales suppression devices and
   36         phantom-ware as contraband articles under the Florida
   37         Contraband Forfeiture Act; amending s. 220.153, F.S.;
   38         redefining the term “qualified capital expenditures”
   39         for purposes of apportionment by sales factor;
   40         amending s. 322.142, F.S.; authorizing the Department
   41         of Highway Safety and Motor Vehicles to release
   42         photographs or digital images to the Department of
   43         Revenue in order to identify individuals for purposes
   44         of tax administration; amending s. 443.131, F.S.;
   45         imposing a requirement on employers to produce records
   46         for the Department of Economic Opportunity or its tax
   47         collection service provider as a prerequisite for a
   48         reduction in the rate of unemployment tax; amending s.
   49         443.141, F.S.; providing a method to calculate the
   50         interest rate for past due contributions and
   51         reimbursements, and delinquent, erroneous, incomplete,
   52         or insufficient reports; providing for application;
   53         providing effective dates.
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Subsection (6) of section 212.03, Florida
   58  Statutes, is amended to read:
   59         212.03 Transient rentals tax; rate, procedure, enforcement,
   60  exemptions.—
   61         (6)(a) It is the legislative intent that every person is
   62  engaging in a taxable privilege who leases or rents parking or
   63  storage spaces for motor vehicles in parking lots or garages,
   64  including storage facilities for towed vehicles, who leases or
   65  rents docking or storage spaces for boats in boat docks or
   66  marinas, or who leases or rents tie-down or storage space for
   67  aircraft at airports. For the exercise of this privilege, a tax
   68  is hereby levied at the rate of 6 percent on the total rental
   69  charged.
   70         (b)Charges for parking, docking, tie-down, or storage
   71  arising from a lawful impoundment by a local, state, or federal
   72  law enforcement agency are not taxable.
   73         Section 2. Effective upon this act becoming a law,
   74  subsections (1) and (3) of section 212.07, Florida Statutes, are
   75  amended to read:
   76         212.07 Sales, storage, use tax; tax added to purchase
   77  price; dealer not to absorb; liability of purchasers who cannot
   78  prove payment of the tax; penalties; general exemptions.—
   79         (1)(a) The privilege tax herein levied measured by retail
   80  sales shall be collected by the dealers from the purchaser or
   81  consumer.
   82         (b) A resale must be in strict compliance with s. 212.18
   83  and the rules and regulations, and any dealer who makes a sale
   84  for resale which is not in strict compliance with s. 212.18 and
   85  the rules and regulations is shall himself or herself be liable
   86  for and shall pay the tax. Any dealer who makes a sale for
   87  resale shall document the exempt nature of the transaction, as
   88  established by rules promulgated by the department, by retaining
   89  a copy of the purchaser’s resale certificate. In lieu of
   90  maintaining a copy of the certificate, a dealer may document,
   91  before prior to the time of sale, an authorization number
   92  provided telephonically or electronically by the department, or
   93  by such other means established by rule of the department. The
   94  dealer may rely on a resale certificate issued pursuant to s.
   95  212.18(3)(d) s. 212.18(3)(c), valid at the time of receipt from
   96  the purchaser, without seeking annual verification of the resale
   97  certificate if the dealer makes recurring sales to a purchaser
   98  in the normal course of business on a continual basis. As used
   99  in For purposes of this paragraph, the term “recurring sales to
  100  a purchaser in the normal course of business” refers to a sale
  101  in which the dealer extends credit to the purchaser and records
  102  the debt as an account receivable, or in which the dealer sells
  103  to a purchaser who has an established cash or C.O.D. account,
  104  similar to an open credit account. For purposes of this
  105  paragraph, purchases are made from a selling dealer on a
  106  continual basis if the selling dealer makes, in the normal
  107  course of business, sales to the purchaser at least no less
  108  frequently than once in every 12-month period. A dealer may,
  109  through the informal protest provided for in s. 213.21 and the
  110  rules of the Department of Revenue, provide the department with
  111  evidence of the exempt status of a sale. Consumer certificates
  112  of exemption executed by those exempt entities that were
  113  registered with the department at the time of sale, resale
  114  certificates provided by purchasers who were active dealers at
  115  the time of sale, and verification by the department of a
  116  purchaser’s active dealer status at the time of sale in lieu of
  117  a resale certificate shall be accepted by the department when
  118  submitted during the protest period, but may not be accepted in
  119  any proceeding under chapter 120 or any circuit court action
  120  instituted under chapter 72.
  121         (c) Unless the purchaser of tangible personal property that
  122  is incorporated into tangible personal property manufactured,
  123  produced, compounded, processed, or fabricated for one’s own use
  124  and subject to the tax imposed under s. 212.06(1)(b) or is
  125  purchased for export under s. 212.06(5)(a)1. extends a
  126  certificate in compliance with the rules of the department, the
  127  dealer is shall himself or herself be liable for and shall pay
  128  the tax.
  129         (3)(a)A Any dealer who fails, neglects, or refuses to
  130  collect the tax or fees imposed under this chapter herein
  131  provided, either by himself or herself or through the dealer’s
  132  agents or employees, is, in addition to the penalty of being
  133  liable for and paying the tax himself or herself, commits guilty
  134  of a misdemeanor of the first degree, punishable as provided in
  135  s. 775.082 or s. 775.083.
  136         (b)A dealer who willfully fails to collect a tax or fee
  137  after the department provides notice of the duty to collect the
  138  tax or fee is liable for a specific penalty of 100 percent of
  139  the uncollected tax or fee. This penalty is in addition to any
  140  other penalty that may be imposed by law. A dealer who willfully
  141  fails to collect taxes or fees totaling:
  142         1.Less than $300:
  143         a. For a first offense, commits a misdemeanor of the second
  144  degree, punishable as provided in s. 775.082 or s. 775.083.
  145         b. For a second offense, commits a misdemeanor of the first
  146  degree, punishable as provided in s. 775.082 or s. 775.083.
  147         c. For a third or subsequent offense, commits a felony of
  148  the third degree, punishable as provided in s. 775.082, s.
  149  775.083, or s. 775.084.
  150         2. An amount equal to $300 or more, but less than $20,000,
  151  commits a felony of the third degree, punishable as provided in
  152  s. 775.082, s. 775.083, or s. 775.084.
  153         3. An amount equal to $20,000 or more, but less than
  154  $100,000, commits a felony of the second degree, punishable as
  155  provided in s. 775.082, s. 775.083, or s. 775.084.
  156         4. An amount equal to $100,000 or more, commits a felony of
  157  the first degree, punishable as provided in s. 775.082, s.
  158  775.083, or s. 775.084.
  159         (c)The department shall give written notice of the duty to
  160  collect taxes or fees to the dealer by personal service, by
  161  sending notice to the dealer’s last known address by registered
  162  mail, or by both personal service and mail.
  163         Section 3. Effective upon this act becoming a law,
  164  paragraph (d) of subsection (2) of section 212.12, Florida
  165  Statutes, is amended to read:
  166         212.12 Dealer’s credit for collecting tax; penalties for
  167  noncompliance; powers of Department of Revenue in dealing with
  168  delinquents; brackets applicable to taxable transactions;
  169  records required.—
  170         (2)
  171         (d) A Any person who makes a false or fraudulent return
  172  with a willful intent to evade payment of any tax or fee imposed
  173  under this chapter is; any person who, after the department’s
  174  delivery of a written notice to the person’s last known address
  175  specifically alerting the person of the requirement to register
  176  the person’s business as a dealer, intentionally fails to
  177  register the business; and any person who, after the
  178  department’s delivery of a written notice to the person’s last
  179  known address specifically alerting the person of the
  180  requirement to collect tax on specific transactions,
  181  intentionally fails to collect such tax, shall, in addition to
  182  the other penalties provided by law, be liable for a specific
  183  penalty of 100 percent of any unreported or any uncollected tax
  184  or fee. This penalty is in addition to any other penalty
  185  provided by law. A person who makes a false or fraudulent return
  186  with a willful intent to evade payment of taxes or fees
  187  totaling:
  188         1.Less than $300:
  189         a. For a first offense, commits a misdemeanor of the second
  190  degree, punishable as provided in s. 775.082 or s. 775.083.
  191         b. For a second offense, commits a misdemeanor of the first
  192  degree, punishable as provided in s. 775.082 or s. 775.083.
  193         c. For a third or subsequent offense, commits a felony of
  194  the third degree, punishable as provided in s. 775.082, s.
  195  775.083, or s. 775.084.
  196         2.An amount equal to $300 or more, but less than $20,000,
  197  commits a felony of the third degree, punishable as provided in
  198  s. 775.082, s. 775.083, or s. 775.084.
  199         3. An amount equal to $20,000 or more, but less than
  200  $100,000, commits a felony of the second degree, punishable as
  201  provided in s. 775.082, s. 775.083, or s. 775.084.
  202         4.An amount equal to $100,000 or more, commits a felony of
  203  the first degree, punishable and, upon conviction, for fine and
  204  punishment as provided in s. 775.082, s. 775.083, or s. 775.084.
  205  Delivery of written notice may be made by certified mail, or by
  206  the use of such other method as is documented as being necessary
  207  and reasonable under the circumstances. The civil and criminal
  208  penalties imposed herein for failure to comply with a written
  209  notice alerting the person of the requirement to register the
  210  person’s business as a dealer or to collect tax on specific
  211  transactions shall not apply if the person timely files a
  212  written challenge to such notice in accordance with procedures
  213  established by the department by rule or the notice fails to
  214  clearly advise that failure to comply with or timely challenge
  215  the notice will result in the imposition of the civil and
  216  criminal penalties imposed herein.
  217         1.If the total amount of unreported or uncollected taxes
  218  or fees is less than $300, the first offense resulting in
  219  conviction is a misdemeanor of the second degree, the second
  220  offense resulting in conviction is a misdemeanor of the first
  221  degree, and the third and all subsequent offenses resulting in
  222  conviction is a misdemeanor of the first degree, and the third
  223  and all subsequent offenses resulting in conviction are felonies
  224  of the third degree.
  225         2.If the total amount of unreported or uncollected taxes
  226  or fees is $300 or more but less than $20,000, the offense is a
  227  felony of the third degree.
  228         3.If the total amount of unreported or uncollected taxes
  229  or fees is $20,000 or more but less than $100,000, the offense
  230  is a felony of the second degree.
  231         4.If the total amount of unreported or uncollected taxes
  232  or fees is $100,000 or more, the offense is a felony of the
  233  first degree.
  234         Section 4. Subsection (4) of section 212.14, Florida
  235  Statutes, is amended to read:
  236         212.14 Departmental powers; hearings; distress warrants;
  237  bonds; subpoenas and subpoenas duces tecum.—
  238         (4)(a)In all cases where it is necessary to ensure
  239  compliance with the provisions of this chapter, The department
  240  shall require a cash deposit, bond, or other security as a
  241  condition to a person obtaining or retaining a dealer’s
  242  certificate of registration under this chapter, if necessary, to
  243  ensure compliance with this chapter. The Such bond must shall be
  244  in the form and such amount as the department deems appropriate
  245  under the particular circumstances. A Every person who fails
  246  failing to produce such cash deposit, bond, or other security as
  247  required in this subsection may provided for herein shall not be
  248  entitled to obtain or retain a dealer’s certificate of
  249  registration under this chapter. If requested by the department,
  250  and the Department of Legal Affairs may is hereby authorized to
  251  proceed by injunction, when so requested by the Department of
  252  Revenue, to prevent the such person from doing business subject
  253  to the provisions of this chapter until the such cash deposit,
  254  bond, or other security is posted with the department. The, and
  255  any temporary injunction for this purpose may be granted by any
  256  judge or chancellor authorized by law to grant injunctions. The
  257  department may sell any security required to be deposited
  258  pursuant to this section may be sold by the department at public
  259  sale if it becomes necessary so to do in order to recover any
  260  tax, interest, or penalty due. Notice of the such sale may be
  261  served personally or by mail upon the person who deposited the
  262  such security. Notice If by mail is sufficient if the, notice is
  263  sent to the last known address of the person as shown the same
  264  appears on the records of the department shall be sufficient for
  265  the purpose of this requirement. Upon the such sale, the
  266  department shall return the surplus, if any, above the amount
  267  due under this chapter shall be returned to the person who
  268  deposited the security.
  269         (b) As used in this subsection, the term “person” has the
  270  same meaning as defined in s. 212.02(12) and also includes:
  271         1.An individual or entity owning a controlling interest in
  272  an entity;
  273         2.An individual or entity who has acquired an ownership
  274  interest or a controlling interest in a business that would be
  275  otherwise liable for posting a cash deposit, bond, or other
  276  security, unless the department has determined that the
  277  individual or entity is not liable for taxes, interest, or
  278  penalties under s. 213.758; or
  279         3.An individual or entity seeking to obtain a dealer’s
  280  certificate of registration for a business that will be operated
  281  at the same location as a previous business that otherwise would
  282  have been liable for posting a cash deposit, bond, or other
  283  security, and the individual or entity does not provide evidence
  284  that the business was acquired for consideration in an arms
  285  length transaction.
  286         (c) The department may adopt rules to administer this
  287  subsection.
  288         Section 5. Effective upon this act becoming a law,
  289  subsection (3) of section 212.18, Florida Statutes, is amended
  290  to read:
  291         212.18 Administration of law; registration of dealers;
  292  rules.—
  293         (3)(a) Every person desiring to engage in or conduct
  294  business in this state as a dealer, as defined in this chapter,
  295  or to lease, rent, or let or grant licenses in living quarters
  296  or sleeping or housekeeping accommodations in hotels, apartment
  297  houses, roominghouses, or tourist or trailer camps that are
  298  subject to tax under s. 212.03, or to lease, rent, or let or
  299  grant licenses in real property, as defined in this chapter, and
  300  every person who sells or receives anything of value by way of
  301  admissions, must file with the department an application for a
  302  certificate of registration for each place of business. The
  303  application must include, showing the names of the persons who
  304  have interests in the such business and their residences, the
  305  address of the business, and such other data reasonably required
  306  by as the department may reasonably require. However, owners and
  307  operators of vending machines or newspaper rack machines are
  308  required to obtain only one certificate of registration for each
  309  county in which the such machines are located. The department,
  310  by rule, may authorize by rule a dealer that uses independent
  311  sellers to sell its merchandise to remit tax on the retail sales
  312  price charged to the ultimate consumer in lieu of having the
  313  independent seller register as a dealer and remit the tax. The
  314  department may appoint the county tax collector as the
  315  department’s agent to accept applications for registrations. The
  316  application must be made to the department before the person,
  317  firm, copartnership, or corporation engages may engage in such
  318  business, and it must be accompanied by a registration fee of
  319  $5. However, a registration fee is not required to accompany an
  320  application to engage in or conduct business to make mail order
  321  sales. The department may waive the registration fee for
  322  applications submitted through the department’s Internet
  323  registration process.
  324         (b) The department, upon receipt of the such application,
  325  shall will grant to the applicant a separate certificate of
  326  registration for each place of business, which certificate may
  327  be canceled by the department or its designated assistants for
  328  any failure by the certificateholder to comply with any of the
  329  provisions of this chapter. The certificate is not assignable
  330  and is valid only for the person, firm, copartnership, or
  331  corporation to which the certificate is issued. The certificate
  332  must be displayed at all times placed in a conspicuous place in
  333  the business or businesses for which it is issued and must be
  334  displayed at all times. Except as provided in this subsection, a
  335  no person may not shall engage in the business of selling or
  336  leasing tangible personal property or services or as a dealer or
  337  in leasing, renting, or letting of or granting licenses in
  338  living quarters or sleeping or housekeeping accommodations in
  339  hotels, apartment houses, roominghouses, tourist or trailer
  340  camps, or real property, or in selling as hereinbefore defined,
  341  nor shall any person sell or receiving receive anything of value
  342  by way of admissions, without a valid first having obtained such
  343  a certificate. A or after such certificate has been canceled; no
  344  person may not shall receive a any license from any authority
  345  within the state to engage in any such business without a valid
  346  certificate first having obtained such a certificate or after
  347  such certificate has been canceled. The engaging in the business
  348  of selling or leasing tangible personal property or services or
  349  as a dealer, as defined in this chapter, or the engaging in
  350  leasing, renting, or letting of or granting licenses in living
  351  quarters or sleeping or housekeeping accommodations in hotels,
  352  apartment houses, roominghouses, or tourist or trailer camps
  353  that are taxable under this chapter, or real property, or the
  354  engaging in the business of selling or receiving anything of
  355  value by way of admissions, without such certificate first being
  356  obtained or after such certificate has been canceled by the
  357  department, is prohibited.
  358         (c)1. A The failure or refusal of any person who engages in
  359  acts requiring a certificate of registration under this
  360  subsection who fails or refuses to register, commits, firm,
  361  copartnership, or corporation to so qualify when required
  362  hereunder is a misdemeanor of the first degree, punishable as
  363  provided in s. 775.082 or s. 775.083. Such acts are, or subject
  364  to injunctive proceedings as provided by law. A person who
  365  engages in acts requiring a certificate of registration and who
  366  fails or refuses to register is also subject Such failure or
  367  refusal also subjects the offender to a $100 initial
  368  registration fee in lieu of the $5 registration fee required by
  369  authorized in paragraph (a). However, the department may waive
  370  the increase in the registration fee if it finds is determined
  371  by the department that the failure to register was due to
  372  reasonable cause and not to willful negligence, willful neglect,
  373  or fraud.
  374         2. A person who willfully fails to register as a dealer
  375  after the department provides notice of the duty to register
  376  commits a felony of the third degree, punishable as provided in
  377  s. 775.082, s. 775.083, or s. 775.084. The department shall give
  378  written notice of the duty to register to the person by personal
  379  service, by sending notice by registered mail to the person’s
  380  last known address, or by both personal service and mail.
  381         (d)(c) In addition to the certificate of registration, the
  382  department shall provide to each newly registered dealer an
  383  initial resale certificate that is will be valid for the
  384  remainder of the period of issuance. The department shall
  385  provide each active dealer with an annual resale certificate. As
  386  used in For purposes of this section, the term “active dealer”
  387  means a person who is currently registered with the department
  388  and who is required to file at least once during each applicable
  389  reporting period.
  390         (e)(d) The department may revoke a any dealer’s certificate
  391  of registration if when the dealer fails to comply with this
  392  chapter. Before the Prior to revocation of a dealer’s
  393  certificate of registration, the department must schedule an
  394  informal conference at which the dealer may present evidence
  395  regarding the department’s intended revocation or enter into a
  396  compliance agreement with the department. The department must
  397  notify the dealer of its intended action and the time, place,
  398  and date of the scheduled informal conference by written notice
  399  notification sent by United States mail to the dealer’s last
  400  known address of record furnished by the dealer on a form
  401  prescribed by the department. The dealer is required to attend
  402  the informal conference and present evidence refuting the
  403  department’s intended revocation or enter into a compliance
  404  agreement with the department which resolves the dealer’s
  405  failure to comply with this chapter. The department shall issue
  406  an administrative complaint under s. 120.60 if the dealer fails
  407  to attend the department’s informal conference, fails to enter
  408  into a compliance agreement with the department resolving the
  409  dealer’s noncompliance with this chapter, or fails to comply
  410  with the executed compliance agreement.
  411         (f)(e) As used in this paragraph, the term “exhibitor”
  412  means a person who enters into an agreement authorizing the
  413  display of tangible personal property or services at a
  414  convention or a trade show. The following provisions apply to
  415  the registration of exhibitors as dealers under this chapter:
  416         1. An exhibitor whose agreement prohibits the sale of
  417  tangible personal property or services subject to the tax
  418  imposed in this chapter is not required to register as a dealer.
  419         2. An exhibitor whose agreement provides for the sale at
  420  wholesale only of tangible personal property or services subject
  421  to the tax imposed in this chapter must obtain a resale
  422  certificate from the purchasing dealer but is not required to
  423  register as a dealer.
  424         3. An exhibitor whose agreement authorizes the retail sale
  425  of tangible personal property or services subject to the tax
  426  imposed in this chapter must register as a dealer and collect
  427  the tax imposed under this chapter on such sales.
  428         4. Any exhibitor who makes a mail order sale pursuant to s.
  429  212.0596 must register as a dealer.
  430  
  431  Any person who conducts a convention or a trade show must make
  432  his or her their exhibitor’s agreements available to the
  433  department for inspection and copying.
  434         Section 6. Effective upon this act becoming a law,
  435  subsection (5) of section 213.13, Florida Statutes, is amended
  436  to read:
  437         213.13 Electronic remittance and distribution of funds
  438  collected by clerks of the court.—
  439         (5) All court-related collections, including fees, fines,
  440  reimbursements, court costs, and other court-related funds that
  441  the clerks must remit to the state pursuant to law, must be
  442  transmitted electronically by the 10th 20th day of the month
  443  immediately following the month in which the funds are
  444  collected.
  445         Section 7. Effective upon this act becoming a law, section
  446  213.295, Florida Statutes, is created to read:
  447         213.295Automated sales suppression devices.—
  448         (1) As used in this section, the term:
  449         (a)“Automated sales suppression device” or “zapper” means
  450  a software program that falsifies the electronic records of
  451  electronic cash registers or other point-of-sale systems,
  452  including, but not limited to, transaction data and transaction
  453  reports. The term includes the software program, any device that
  454  carries the software program, or an Internet link to the
  455  software program.
  456         (b)“Electronic cash register” means a device that keeps a
  457  register or supporting documents through the use of an
  458  electronic device or computer system designed to record
  459  transaction data for the purpose of computing, compiling, or
  460  processing retail sales transaction data.
  461         (c)“Phantom-ware” means a hidden programming option
  462  embedded in the operating system of an electronic cash register
  463  or hardwired into the electronic cash register which can be used
  464  to create a second set of records or to eliminate or manipulate
  465  transaction records, which records may or may not be preserved
  466  in a digital format, in order to represent the true or
  467  manipulated record of a transaction in the electronic cash
  468  register.
  469         (d)“Transaction data” includes data identifying an item
  470  purchased by a customer; the price for an item; a taxability
  471  determination for an item; a segregated tax amount for each
  472  taxed item; the amount of cash or credit tendered; the net
  473  amount returned to the customer in change; the date and time of
  474  the purchase; the name, address, and identification number of
  475  the vendor; and the receipt or invoice number of the
  476  transaction.
  477         (e)“Transaction report” means:
  478         1. A report that contains, but is not limited to,
  479  documentation of the sales, taxes, or fees collected; media
  480  totals; and discount voids at an electronic cash register, and
  481  that is printed on a cash register tape at the end of a day or a
  482  shift; or
  483         2. A report that documents every action at an electronic
  484  cash register and that is stored electronically.
  485         (2)A person may not knowingly sell, purchase, install,
  486  transfer, possess, utilize, or access any automated sales
  487  suppression device, zapper, or phantom-ware.
  488         (3)(a)A person who violates this section commits a felony
  489  of the third degree, punishable as provided in s. 775.082, s.
  490  775.083, or s. 775.084.
  491         (b)A person who violates this section is liable for all
  492  taxes, fees, penalties, and interest due the state as a result
  493  of the use of an automated sales suppression device, zapper, or
  494  phantom-ware and shall forfeit to the state as an additional
  495  penalty all profits associated with the sale or use of an
  496  automated sales suppression device, zapper, or phantom-ware.
  497         (4)An automated sales suppression device, zapper, phantom
  498  ware, or any device containing such device or software is a
  499  contraband article under ss. 932.701-932.706, the Florida
  500  Contraband Forfeiture Act.
  501         Section 8. Paragraph (b) of subsection (1) of section
  502  220.153, Florida Statutes, is amended to read:
  503         220.153 Apportionment by sales factor.—
  504         (1) DEFINITIONS.—As used in this section, the term:
  505         (b) “Qualified capital expenditures” means expenditures in
  506  this state for purposes substantially related to a business’s
  507  production or sale of goods or services. The expenditure must
  508  fund the acquisition of additional real property (land,
  509  buildings, including appurtenances, fixtures and fixed
  510  equipment, structures, etc.), including additions, replacements,
  511  major repairs, and renovations to real property which materially
  512  extend its useful life or materially improve or change its
  513  functional use and the furniture and equipment necessary to
  514  furnish and operate a new or improved facility. The term
  515  “qualified capital expenditures” does not include an expenditure
  516  for a passive investment or for an investment intended for the
  517  accumulation of reserves or the realization of profit for
  518  distribution to any person holding an ownership interest in the
  519  business. The term “qualified capital expenditures” does not
  520  include expenditures to acquire an existing business or
  521  expenditures in excess of $125 million to acquire land or
  522  buildings.
  523         Section 9. Subsection (4) of section 322.142, Florida
  524  Statutes, is amended to read:
  525         322.142 Color photographic or digital imaged licenses.—
  526         (4) The department may maintain a film negative or print
  527  file. The department shall maintain a record of the digital
  528  image and signature of the licensees, together with other data
  529  required by the department for identification and retrieval.
  530  Reproductions from the file or digital record are exempt from
  531  the provisions of s. 119.07(1) and shall be made and issued only
  532  for departmental administrative purposes; for the issuance of
  533  duplicate licenses; in response to law enforcement agency
  534  requests; to the Department of Business and Professional
  535  Regulation pursuant to an interagency agreement for the purpose
  536  of accessing digital images for reproduction of licenses issued
  537  by the Department of Business and Professional Regulation; to
  538  the Department of State pursuant to an interagency agreement to
  539  facilitate determinations of eligibility of voter registration
  540  applicants and registered voters in accordance with ss. 98.045
  541  and 98.075; to the Department of Revenue pursuant to an
  542  interagency agreement for use in establishing paternity and
  543  establishing, modifying, or enforcing support obligations in
  544  Title IV-D cases; to the Department of Revenue for use in
  545  establishing positive identification for tax administration
  546  purposes; to the Department of Children and Family Services
  547  pursuant to an interagency agreement to conduct protective
  548  investigations under part III of chapter 39 and chapter 415; to
  549  the Department of Children and Family Services pursuant to an
  550  interagency agreement specifying the number of employees in each
  551  of that department’s regions to be granted access to the records
  552  for use as verification of identity to expedite the
  553  determination of eligibility for public assistance and for use
  554  in public assistance fraud investigations; or to the Department
  555  of Financial Services pursuant to an interagency agreement to
  556  facilitate the location of owners of unclaimed property, the
  557  validation of unclaimed property claims, and the identification
  558  of fraudulent or false claims.
  559         Section 10. Effective upon this act becoming a law,
  560  paragraph (h) of subsection (3) of section 443.131, Florida
  561  Statutes, is amended to read:
  562         443.131 Contributions.—
  563         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  564  EXPERIENCE.—
  565         (h) Additional conditions for variation from the standard
  566  rate.—An employer’s contribution rate may not be reduced below
  567  the standard rate under this section unless:
  568         1. All contributions, reimbursements, interest, and
  569  penalties incurred by the employer for wages paid by him or her
  570  in all previous calendar quarters, except the 4 calendar
  571  quarters immediately preceding the calendar quarter or calendar
  572  year for which the benefit ratio is computed, are paid; and
  573         2.The employer has produced for inspection and copying all
  574  work records in his or her possession, custody, or control which
  575  were requested by the Department of Economic Opportunity or its
  576  tax collection service provider pursuant to s. 443.171(5); and
  577         3.2. The employer has entitled to a rate reduction must
  578  have at least one annual payroll as defined in subparagraph
  579  (b)1. unless the employer is eligible for additional credit
  580  under the Federal Unemployment Tax Act. If the Federal
  581  Unemployment Tax Act is amended or repealed in a manner
  582  affecting credit under the federal act, this section applies
  583  only to the extent that additional credit is allowed against the
  584  payment of the tax imposed by the Federal Unemployment Tax Act.
  585  
  586  The tax collection service provider shall assign an earned
  587  contribution rate to an employer under subparagraph 1. the
  588  quarter immediately after the quarter in which all
  589  contributions, reimbursements, interest, and penalties are paid
  590  in full and all work records requested pursuant to s. 443.171(5)
  591  have been produced for inspection and copying to the Department
  592  of Economic Opportunity or the tax collection service provider.
  593         Section 11. Effective January 1, 2013, and applicable to
  594  contributions or reimbursements made on or after that date,
  595  paragraph (a) of subsection (1) of section 443.141, Florida
  596  Statutes, is amended to read:
  597         443.141 Collection of contributions and reimbursements.—
  598         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  599  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  600         (a) Interest.—Contributions or reimbursements unpaid on the
  601  date due bear interest at the rate calculated pursuant to s.
  602  213.235. However, the rate may not exceed of 1 percent per
  603  month. Interest shall accrue from and after that date until
  604  payment plus accrued interest is received by the tax collection
  605  service provider, unless the service provider finds that the
  606  employing unit has good reason for failing to pay the
  607  contributions or reimbursements when due. Interest collected
  608  under this subsection must be paid into the Special Employment
  609  Security Administration Trust Fund.
  610         Section 12. Except as otherwise expressly provided in this
  611  act and except for this section, which shall take effect upon
  612  this act becoming a law, this act shall take effect July 1,
  613  2012.