CS for SB 1828                                   First Engrossed
       
       
       
       
       
       
       
       
       20131828e1
       
    1                        A bill to be entitled                      
    2         An act relating to tax administration; amending s.
    3         125.0104, F.S.; providing an additional use for
    4         tourist development tax revenues for certain coastal
    5         counties; authorizing counties to require certain
    6         information for tax returns filed with county
    7         governments; amending s. 198.13, F.S.; deleting a
    8         requirement for filing a tax return for a decedent who
    9         dies after a certain date; amending s. 211.3103, F.S.;
   10         expanding the definition of “phosphate-related
   11         expenses” for the purpose of distributing certain tax
   12         proceeds; amending s. 212.03, F.S.; providing that
   13         charges for the storage of towed vehicles that are
   14         impounded by a local, state, or federal law
   15         enforcement agency are not taxable; amending s.
   16         212.0305, F.S.; authorizing counties to require
   17         certain information for tax returns filed with county
   18         governments; amending s. 212.07, F.S.; conforming a
   19         cross-reference to changes made by the act; providing
   20         monetary and criminal penalties for a dealer’s willful
   21         failure to collect certain taxes or fees after
   22         receiving notice of such duty to collect from the
   23         Department of Revenue; amending s. 212.12, F.S.;
   24         deleting provisions relating to the imposition of
   25         criminal penalties after department notice of
   26         requirements to register as a dealer or to collect
   27         taxes; making technical and grammatical changes to
   28         provisions specifying penalties for making a false or
   29         fraudulent return with the intent to evade payment of
   30         a tax or fee; amending s. 212.14, F.S.; modifying the
   31         definition of the term “person”; authorizing the
   32         department to adopt rules relating to requirements for
   33         a person to deposit cash, a bond, or other security
   34         with the department in order to ensure compliance with
   35         sales tax laws; making technical and grammatical
   36         changes; amending s. 212.18, F.S.; providing criminal
   37         penalties for a person who willfully fails to register
   38         as a dealer after receiving notice of such duty by the
   39         department; making technical and grammatical changes;
   40         reenacting s. 212.20, F.S., relating to the
   41         disposition of funds collected; amending s. 213.13,
   42         F.S.; revising the due date for transmitting funds
   43         collected by the clerks of court to the department;
   44         amending s. 213.21, F.S.; increasing dollar threshold
   45         of compromise authority that can be delegated to the
   46         executive director; creating s. 213.295, F.S.,
   47         relating to automated sales suppression devices;
   48         providing definitions; subjecting a person to criminal
   49         penalties and monetary penalties for knowingly selling
   50         or engaging in certain other actions involving a
   51         zapper or phantom-ware; providing that sales
   52         suppression devices and phantom-ware are contraband
   53         articles under the Florida Contraband Forfeiture Act;
   54         amending s. 288.106, F.S.; revising the criteria
   55         applicable to the definition of the term “target
   56         industry business” to specifically reference sports
   57         training or competition for the amateur athlete;
   58         amending s. 443.131, F.S.; imposing a requirement on
   59         employers to produce records for the Department of
   60         Economic Opportunity or its tax collection service
   61         provider as a prerequisite for a reduction in the rate
   62         of reemployment tax; amending s. 443.141, F.S.;
   63         providing a method to calculate the interest rate for
   64         past due contributions and reimbursements, and
   65         delinquent, erroneous, incomplete, or insufficient
   66         reports; providing effective dates.
   67  
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Present paragraphs (c) and (d) of subsection (5)
   71  of section 125.0104, Florida Statutes, are redesignated as
   72  paragraphs (d) and (e), respectively, and amended and a new
   73  paragraph (c) is added to that subsection, and paragraph (a) of
   74  subsection (10) of that section is amended to read:
   75         125.0104 Tourist development tax; procedure for levying;
   76  authorized uses; referendum; enforcement.—
   77         (5) AUTHORIZED USES OF REVENUE.—
   78         (c) Tax revenues received pursuant to this section by a
   79  coastal county that has a population of less than 250,000,
   80  excluding the inmate population, may also be used by that county
   81  to fund beach safety personnel and lifeguard operational
   82  activities in areas where there is public access. All population
   83  figures relating to this paragraph must be based on the most
   84  recent population estimates prepared pursuant to s. 186.901.
   85  These population estimates must be those in effect on April 1 of
   86  each year.
   87         (d)(c) The revenues to be derived from the tourist
   88  development tax may be pledged to secure and liquidate revenue
   89  bonds issued by the county for the purposes set forth in
   90  subparagraphs (a)1. and 4. or for the purpose of refunding bonds
   91  previously issued for such purposes, or both; however, no more
   92  than 50 percent of the revenues from the tourist development tax
   93  may be pledged to secure and liquidate revenue bonds or revenue
   94  refunding bonds issued for the purposes set forth in
   95  subparagraph (a)4. Such revenue bonds and revenue refunding
   96  bonds may be authorized and issued in such principal amounts,
   97  with such interest rates and maturity dates, and subject to such
   98  other terms, conditions, and covenants as the governing board of
   99  the county shall provide. The Legislature intends that this
  100  paragraph shall be the full and complete authority for
  101  accomplishing such purposes, but such authority shall be
  102  supplemental and additional to, and not in derogation of, any
  103  powers now existing or later conferred under law.
  104         (e)(d) Any use of the local option tourist development tax
  105  revenues collected pursuant to this section for a purpose not
  106  expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
  107  paragraph (a), paragraph (b), or paragraph (c), or paragraph (d)
  108  of this subsection is expressly prohibited.
  109         (10) LOCAL ADMINISTRATION OF TAX.—
  110         (a) A county levying a tax under this section or s.
  111  125.0108 may be exempted from the requirements of the respective
  112  section that:
  113         1. The tax collected be remitted to the Department of
  114  Revenue before being returned to the county; and
  115         2. The tax be administered according to chapter 212,
  116  
  117  if the county adopts an ordinance providing for the local
  118  collection and administration of the tax. The county may require
  119  that a return required to be filed with the county include, for
  120  each rental property, the names of the owners; the address of
  121  the property, including the unit number; the number of days
  122  rented; the taxable rent; and the amount of tax payable.
  123         Section 2. Operating retroactively to January 1, 2013,
  124  subsection (4) of section 198.13, Florida Statutes, is amended
  125  to read:
  126         198.13 Tax return to be made in certain cases; certificate
  127  of nonliability.—
  128         (4) Notwithstanding any other provisions of this section
  129  and applicable to the estate of a decedent who dies after
  130  December 31, 2004, if, upon the death of the decedent, a state
  131  death tax credit or a generation-skipping transfer credit is not
  132  allowable pursuant to the Internal Revenue Code of 1986, as
  133  amended:
  134         (a) The personal representative of the estate is not
  135  required to file a return under subsection (1) in connection
  136  with the estate.
  137         (b) The person who would otherwise be required to file a
  138  return reporting a generation-skipping transfer under subsection
  139  (3) is not required to file such a return in connection with the
  140  estate.
  141  
  142  The provisions of this subsection do not apply to estates of
  143  decedents dying after December 31, 2012.
  144         Section 3. Paragraph (c) of subsection (6) of section
  145  211.3103, Florida Statutes, is amended to read:
  146         211.3103 Levy of tax on severance of phosphate rock; rate,
  147  basis, and distribution of tax.—
  148         (6)
  149         (c) As used in For purposes of this subsection section, the
  150  term “phosphate-related expenses” means those expenses that
  151  provide for infrastructure or services in support of the
  152  phosphate industry, including environmental education,
  153  reclamation or restoration of phosphate lands, maintenance and
  154  restoration of reclaimed lands and county-owned environmental
  155  lands that were formerly phosphate lands, and community
  156  infrastructure on such reclaimed lands and county-owned
  157  environmental lands that were formerly phosphate lands, and
  158  similar expenses directly related to support of the industry.
  159         Section 4. Subsection (6) of section 212.03, Florida
  160  Statutes, is amended to read:
  161         212.03 Transient rentals tax; rate, procedure, enforcement,
  162  exemptions.—
  163         (6) It is the legislative intent that every person is
  164  engaging in a taxable privilege who leases or rents parking or
  165  storage spaces for motor vehicles in parking lots or garages,
  166  including storage facilities for towed vehicles; who leases or
  167  rents docking or storage spaces for boats in boat docks or
  168  marinas;, or who leases or rents tie-down or storage space for
  169  aircraft at airports is engaging in a taxable privilege.
  170         (a) For the exercise of this privilege, a tax is hereby
  171  levied at the rate of 6 percent on the total rental charged.
  172         (b) Charges for parking, docking, tie-down, or storage
  173  arising from a lawful impoundment are not taxable. As used in
  174  this paragraph, the term “lawful impoundment” means the storing
  175  of or having custody over an aircraft, boat, or motor vehicle by
  176  or at the direction of a local, state, or federal law
  177  enforcement agency which the owner or the owner’s representative
  178  is not authorized to enter upon, have access to, or remove
  179  without the consent of the law enforcement agency.
  180         Section 5. Paragraph (a) of subsection (5) of section
  181  212.0305, Florida Statutes, is amended to read:
  182         212.0305 Convention development taxes; intent;
  183  administration; authorization; use of proceeds.—
  184         (5) LOCAL ADMINISTRATION OF TAX.—
  185         (a) A county levying a tax under the provisions of this
  186  section may be exempt from the requirements of this section that
  187  the tax collected be remitted to the Department of Revenue
  188  before being returned to the county and that such tax be
  189  administered according to the provisions of this chapter, if the
  190  county adopts an ordinance providing for the collection and
  191  administration of the tax on a local basis. The county may
  192  require that a return required to be filed with the county
  193  include, for each rental property, the names of the owners; the
  194  address of the property, including the unit number; the number
  195  of days rented; the taxable rent; and the amount of tax payable.
  196         Section 6. Paragraph (b) of subsection (1) and subsection
  197  (3) of section 212.07, Florida Statutes, are amended to read:
  198         212.07 Sales, storage, use tax; tax added to purchase
  199  price; dealer not to absorb; liability of purchasers who cannot
  200  prove payment of the tax; penalties; general exemptions.—
  201         (1)
  202         (b) A resale must be in strict compliance with s. 212.18
  203  and the rules and regulations, and any dealer who makes a sale
  204  for resale which is not in strict compliance with s. 212.18 and
  205  the rules and regulations shall himself or herself be liable for
  206  and pay the tax. Any dealer who makes a sale for resale shall
  207  document the exempt nature of the transaction, as established by
  208  rules adopted promulgated by the department, by retaining a copy
  209  of the purchaser’s resale certificate. In lieu of maintaining a
  210  copy of the certificate, a dealer may document, before prior to
  211  the time of sale, an authorization number provided
  212  telephonically or electronically by the department, or by such
  213  other means established by rule of the department. The dealer
  214  may rely on a resale certificate issued pursuant to s.
  215  212.18(3)(d) 212.18(3)(c), valid at the time of receipt from the
  216  purchaser, without seeking annual verification of the resale
  217  certificate if the dealer makes recurring sales to a purchaser
  218  in the normal course of business on a continual basis. For
  219  purposes of this paragraph, “recurring sales to a purchaser in
  220  the normal course of business” refers to a sale in which the
  221  dealer extends credit to the purchaser and records the debt as
  222  an account receivable, or in which the dealer sells to a
  223  purchaser who has an established cash or C.O.D. account, similar
  224  to an open credit account. For purposes of this paragraph,
  225  purchases are made from a selling dealer on a continual basis if
  226  the selling dealer makes, in the normal course of business,
  227  sales to the purchaser no less frequently than once in every 12
  228  month period. A dealer may, through the informal protest
  229  provided for in s. 213.21 and the rules of the department of
  230  Revenue, provide the department with evidence of the exempt
  231  status of a sale. Consumer certificates of exemption executed by
  232  those exempt entities that were registered with the department
  233  at the time of sale, resale certificates provided by purchasers
  234  who were active dealers at the time of sale, and verification by
  235  the department of a purchaser’s active dealer status at the time
  236  of sale in lieu of a resale certificate shall be accepted by the
  237  department when submitted during the protest period, but may not
  238  be accepted in any proceeding under chapter 120 or any circuit
  239  court action instituted under chapter 72.
  240         (3)(a)A Any dealer who fails, neglects, or refuses to
  241  collect the tax or fees imposed under this chapter herein
  242  provided, either by himself or herself or through the dealer’s
  243  agents or employees, is, in addition to the penalty of being
  244  liable for and paying the tax himself or herself, commits guilty
  245  of a misdemeanor of the first degree, punishable as provided in
  246  s. 775.082 or s. 775.083.
  247         (b)A dealer who willfully fails to collect a tax or fee
  248  after the department provides notice of the duty to collect the
  249  tax or fee is liable for a specific penalty of 100 percent of
  250  the uncollected tax or fee. This penalty is in addition to any
  251  other penalty that may be imposed by law. A dealer who willfully
  252  fails to collect taxes or fees totaling:
  253         1.Less than $300:
  254         a.For a first offense, commits a misdemeanor of the second
  255  degree, punishable as provided in s. 775.082 or s. 775.083.
  256         b.For a second offense, commits a misdemeanor of the first
  257  degree, punishable as provided in s. 775.082 or s. 775.083.
  258         c.For a third or subsequent offense, commits a felony of
  259  the third degree, punishable as provided in s. 775.082, s.
  260  775.083, or s. 775.084.
  261         2.An amount equal to $300 or more, but less than $20,000,
  262  commits a felony of the third degree, punishable as provided in
  263  s. 775.082, s. 775.083, or s. 775.084.
  264         3.An amount equal to $20,000 or more, but less than
  265  $100,000, commits a felony of the second degree, punishable as
  266  provided in s. 775.082, s. 775.083, or s. 775.084.
  267         4.An amount equal to $100,000 or more, commits a felony of
  268  the first degree, punishable as provided in s. 775.082, s.
  269  775.083, or s. 775.084.
  270         (c)The department shall give written notice of the duty to
  271  collect taxes or fees to the dealer by personal service, by
  272  sending notice to the dealer’s last known address by registered
  273  mail, or by both personal service and registered mail.
  274         Section 7. Paragraph (d) of subsection (2) of section
  275  212.12, Florida Statutes, is amended to read:
  276         212.12 Dealer’s credit for collecting tax; penalties for
  277  noncompliance; powers of Department of Revenue in dealing with
  278  delinquents; brackets applicable to taxable transactions;
  279  records required.—
  280         (2)
  281         (d) A Any person who makes a false or fraudulent return and
  282  who has with a willful intent to evade payment of any tax or fee
  283  imposed under this chapter is; any person who, after the
  284  department’s delivery of a written notice to the person’s last
  285  known address specifically alerting the person of the
  286  requirement to register the person’s business as a dealer,
  287  intentionally fails to register the business; and any person
  288  who, after the department’s delivery of a written notice to the
  289  person’s last known address specifically alerting the person of
  290  the requirement to collect tax on specific transactions,
  291  intentionally fails to collect such tax, shall, in addition to
  292  the other penalties provided by law, be liable for a specific
  293  penalty of 100 percent of any unreported or any uncollected tax
  294  or fee. This penalty is in addition to any other penalty
  295  provided by law. A person who makes a false or fraudulent return
  296  with a willful intent to evade payment of taxes or fees
  297  totaling:
  298         1. Less than $300:
  299         a. For a first offense, commits a misdemeanor of the second
  300  degree, punishable as provided in s. 775.082 or s. 775.083.
  301         b. For a second offense, commits a misdemeanor of the first
  302  degree, punishable as provided in s. 775.082 or s. 775.083.
  303         c. For a third or subsequent offense, commits a felony of
  304  the third degree, punishable as provided in s. 775.082, s.
  305  775.083, or s. 775.084.
  306         2. An amount equal to $300 or more, but less than $20,000,
  307  commits a felony of the third degree, punishable as provided in
  308  s. 775.082, s. 775.083, or s. 775.084.
  309         3. An amount equal to $20,000 or more, but less than
  310  $100,000, commits a felony of the second degree, punishable as
  311  provided in s. 775.082, s. 775.083, or s. 775.084.
  312         4. An amount equal to $100,000 or more, commits a felony of
  313  the first degree, punishable and, upon conviction, for fine and
  314  punishment as provided in s. 775.082, s. 775.083, or s. 775.084.
  315  Delivery of written notice may be made by certified mail, or by
  316  the use of such other method as is documented as being necessary
  317  and reasonable under the circumstances. The civil and criminal
  318  penalties imposed herein for failure to comply with a written
  319  notice alerting the person of the requirement to register the
  320  person’s business as a dealer or to collect tax on specific
  321  transactions shall not apply if the person timely files a
  322  written challenge to such notice in accordance with procedures
  323  established by the department by rule or the notice fails to
  324  clearly advise that failure to comply with or timely challenge
  325  the notice will result in the imposition of the civil and
  326  criminal penalties imposed herein.
  327         1. If the total amount of unreported or uncollected taxes
  328  or fees is less than $300, the first offense resulting in
  329  conviction is a misdemeanor of the second degree, the second
  330  offense resulting in conviction is a misdemeanor of the first
  331  degree, and the third and all subsequent offenses resulting in
  332  conviction is a misdemeanor of the first degree, and the third
  333  and all subsequent offenses resulting in conviction are felonies
  334  of the third degree.
  335         2. If the total amount of unreported or uncollected taxes
  336  or fees is $300 or more but less than $20,000, the offense is a
  337  felony of the third degree.
  338         3. If the total amount of unreported or uncollected taxes
  339  or fees is $20,000 or more but less than $100,000, the offense
  340  is a felony of the second degree.
  341         4. If the total amount of unreported or uncollected taxes
  342  or fees is $100,000 or more, the offense is a felony of the
  343  first degree.
  344         Section 8. Effective July 1, 2013, subsection (4) of
  345  section 212.14, Florida Statutes, is amended to read:
  346         212.14 Departmental powers; hearings; distress warrants;
  347  bonds; subpoenas and subpoenas duces tecum.—
  348         (4)  In all cases where it is necessary to ensure
  349  compliance with the provisions of this chapter, the department
  350  shall require a cash deposit, bond, or other security as a
  351  condition to a person obtaining or retaining a dealer’s
  352  certificate of registration under this chapter. Such bond must
  353  shall be in the form and such amount as the department deems
  354  appropriate under the particular circumstances. A Every person
  355  failing to produce such cash deposit, bond, or other security is
  356  as provided for herein shall not be entitled to obtain or retain
  357  a dealer’s certificate of registration under this chapter, and
  358  the Department of Legal Affairs is hereby authorized to proceed
  359  by injunction, if when so requested by the Department of
  360  Revenue, to prevent such person from doing business subject to
  361  the provisions of this chapter until such cash deposit, bond, or
  362  other security is posted with the department, and any temporary
  363  injunction for this purpose may be granted by any judge or
  364  chancellor authorized by law to grant injunctions. Any security
  365  required to be deposited may be sold by the department at public
  366  sale if it becomes necessary so to do in order to recover any
  367  tax, interest, or penalty due. Notice of such sale may be served
  368  personally or by mail upon the person who deposited the such
  369  security. If by mail, notice sent to the last known address as
  370  it the same appears on the records of the department is shall be
  371  sufficient for the purpose of this requirement. Upon such sale,
  372  the surplus, if any, above the amount due under this chapter
  373  shall be returned to the person who deposited the security. The
  374  department may adopt rules necessary to administer this
  375  subsection. For the purpose of the cash deposit, bond, or other
  376  security required by this subsection, the term “person” includes
  377  those entities defined in s. 212.02(12), as well as:
  378         (a)An individual or entity owning a controlling interest
  379  in an entity;
  380         (b)An individual or entity that has acquired an ownership
  381  interest or a controlling interest in a business that would
  382  otherwise be liable for posting a cash deposit, bond, or other
  383  security, unless the department has determined that the
  384  individual or entity is not liable for taxes, interest, or
  385  penalties as set forth in s. 213.758; or
  386         (c)An individual or entity seeking to obtain a dealer’s
  387  certificate of registration for a business that will be operated
  388  at the same location as a previous business that would otherwise
  389  have been liable for posting a cash deposit, bond, or other
  390  security, if the individual or entity fails to provide evidence
  391  that the business was acquired for consideration in an arms
  392  length transaction.
  393         Section 9. Subsection (3) of section 212.18, Florida
  394  Statutes, is amended to read:
  395         212.18 Administration of law; registration of dealers;
  396  rules.—
  397         (3)(a) A Every person desiring to engage in or conduct
  398  business in this state as a dealer, as defined in this chapter,
  399  or to lease, rent, or let or grant licenses in living quarters
  400  or sleeping or housekeeping accommodations in hotels, apartment
  401  houses, roominghouses, or tourist or trailer camps that are
  402  subject to tax under s. 212.03, or to lease, rent, or let or
  403  grant licenses in real property, as defined in this chapter, and
  404  every person who sells or receives anything of value by way of
  405  admissions, must file with the department an application for a
  406  certificate of registration for each place of business. The
  407  application must include, showing the names of the persons who
  408  have interests in such business and their residences, the
  409  address of the business, and such other data reasonably required
  410  by as the department may reasonably require. However, owners and
  411  operators of vending machines or newspaper rack machines are
  412  required to obtain only one certificate of registration for each
  413  county in which such machines are located. The department, by
  414  rule, may authorize a dealer that uses independent sellers to
  415  sell its merchandise to remit tax on the retail sales price
  416  charged to the ultimate consumer in lieu of having the
  417  independent seller register as a dealer and remit the tax. The
  418  department may appoint the county tax collector as the
  419  department’s agent to accept applications for registrations. The
  420  application must be submitted made to the department before the
  421  person, firm, copartnership, or corporation may engage in such
  422  business, and it must be accompanied by a registration fee of
  423  $5. However, a registration fee is not required to accompany an
  424  application to engage in or conduct business to make mail order
  425  sales. The department may waive the registration fee for
  426  applications submitted through the department’s Internet
  427  registration process.
  428         (b) The department, upon receipt of such application, shall
  429  will grant to the applicant a separate certificate of
  430  registration for each place of business, which certificate may
  431  be canceled by the department or its designated assistants for
  432  any failure by the certificateholder to comply with any of the
  433  provisions of this chapter. The certificate is not assignable
  434  and is valid only for the person, firm, copartnership, or
  435  corporation to which issued. The certificate must be placed in a
  436  conspicuous place in the business or businesses for which it is
  437  issued and must be displayed at all times. Except as provided in
  438  this subsection, a no person may not shall engage in business as
  439  a dealer or in leasing, renting, or letting of or granting
  440  licenses in living quarters or sleeping or housekeeping
  441  accommodations in hotels, apartment houses, roominghouses,
  442  tourist or trailer camps, or real property, or as hereinbefore
  443  defined, nor shall any person sell or receive anything of value
  444  by way of admissions, without a valid first having obtained such
  445  a certificate. A or after such certificate has been canceled; no
  446  person may not shall receive a any license from any authority
  447  within the state to engage in any such business without a valid
  448  certificate first having obtained such a certificate or after
  449  such certificate has been canceled. A person may not engage The
  450  engaging in the business of selling or leasing tangible personal
  451  property or services or as a dealer; engage, as defined in this
  452  chapter, or the engaging in leasing, renting, or letting of or
  453  granting licenses in living quarters or sleeping or housekeeping
  454  accommodations in hotels, apartment houses, roominghouses, or
  455  tourist or trailer camps that are taxable under this chapter, or
  456  real property;, or engage the engaging in the business of
  457  selling or receiving anything of value by way of admissions,
  458  without a valid such certificate first being obtained or after
  459  such certificate has been canceled by the department, is
  460  prohibited.
  461         (c)1.A The failure or refusal of any person who engages in
  462  acts requiring a certificate of registration under this
  463  subsection who fails or refuses to register commits, firm,
  464  copartnership, or corporation to so qualify when required
  465  hereunder is a misdemeanor of the first degree, punishable as
  466  provided in s. 775.082 or s. 775.083. Such acts are, or subject
  467  to injunctive proceedings as provided by law. A person who
  468  engages in acts requiring a certificate of registration and who
  469  fails or refuses to register is also subject Such failure or
  470  refusal also subjects the offender to a $100 initial
  471  registration fee in lieu of the $5 registration fee required by
  472  authorized in paragraph (a). However, the department may waive
  473  the increase in the registration fee if it finds is determined
  474  by the department that the failure to register was due to
  475  reasonable cause and not to willful negligence, willful neglect,
  476  or fraud.
  477         2.a.A person who willfully fails to register after the
  478  department provides notice of the duty to register as a dealer
  479  commits a felony of the third degree, punishable as provided in
  480  s. 775.082, s. 775.083, or s. 775.084.
  481         b.The department shall provide written notice of the duty
  482  to register to the person by personal service, by sending notice
  483  by registered mail to the person’s last known address, or by
  484  both personal service and registered mail.
  485         (d)(c) In addition to the certificate of registration, the
  486  department shall provide to each newly registered dealer an
  487  initial resale certificate that will be valid for the remainder
  488  of the period of issuance. The department shall provide each
  489  active dealer with an annual resale certificate. For purposes of
  490  this section, the term “active dealer” means a person who is
  491  currently registered with the department and who is required to
  492  file at least once during each applicable reporting period.
  493         (e)(d) The department may revoke a any dealer’s certificate
  494  of registration if when the dealer fails to comply with this
  495  chapter. Before Prior to revocation of a dealer’s certificate of
  496  registration, the department must schedule an informal
  497  conference at which the dealer may present evidence regarding
  498  the department’s intended revocation or enter into a compliance
  499  agreement with the department. The department must notify the
  500  dealer of its intended action and the time, place, and date of
  501  the scheduled informal conference by written notification sent
  502  by United States mail to the dealer’s last known address of
  503  record furnished by the dealer on a form prescribed by the
  504  department. The dealer is required to attend the informal
  505  conference and present evidence refuting the department’s
  506  intended revocation or enter into a compliance agreement with
  507  the department which resolves the dealer’s failure to comply
  508  with this chapter. The department shall issue an administrative
  509  complaint under s. 120.60 if the dealer fails to attend the
  510  department’s informal conference, fails to enter into a
  511  compliance agreement with the department resolving the dealer’s
  512  noncompliance with this chapter, or fails to comply with the
  513  executed compliance agreement.
  514         (f)(e) As used in this paragraph, the term “exhibitor”
  515  means a person who enters into an agreement authorizing the
  516  display of tangible personal property or services at a
  517  convention or a trade show. The following provisions apply to
  518  the registration of exhibitors as dealers under this chapter:
  519         1. An exhibitor whose agreement prohibits the sale of
  520  tangible personal property or services subject to the tax
  521  imposed in this chapter is not required to register as a dealer.
  522         2. An exhibitor whose agreement provides for the sale at
  523  wholesale only of tangible personal property or services subject
  524  to the tax imposed under in this chapter must obtain a resale
  525  certificate from the purchasing dealer but is not required to
  526  register as a dealer.
  527         3. An exhibitor whose agreement authorizes the retail sale
  528  of tangible personal property or services subject to the tax
  529  imposed under in this chapter must register as a dealer and
  530  collect the tax imposed under this chapter on such sales.
  531         4. An Any exhibitor who makes a mail order sale pursuant to
  532  s. 212.0596 must register as a dealer.
  533  
  534  A Any person who conducts a convention or a trade show must make
  535  his or her their exhibitor’s agreements available to the
  536  department for inspection and copying.
  537         Section 10. For the purpose of incorporating the amendment
  538  made by this act to subsection (3) of section 212.18, Florida
  539  Statutes, in a reference thereto, paragraph (c) of subsection
  540  (6) of section 212.20, Florida Statutes, is reenacted to read:
  541         212.20 Funds collected, disposition; additional powers of
  542  department; operational expense; refund of taxes adjudicated
  543  unconstitutionally collected.—
  544         (6) Distribution of all proceeds under this chapter and s.
  545  202.18(1)(b) and (2)(b) shall be as follows:
  546         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
  547  and 212.18(3) shall remain with the General Revenue Fund.
  548         Section 11. Subsection (5) of section 213.13, Florida
  549  Statutes, is amended to read:
  550         213.13 Electronic remittance and distribution of funds
  551  collected by clerks of the court.—
  552         (5) All court-related collections, including fees, fines,
  553  reimbursements, court costs, and other court-related funds that
  554  the clerks must remit to the state pursuant to law, must be
  555  transmitted electronically by the 10th 20th day of the month
  556  immediately following the month in which the funds are
  557  collected.
  558         Section 12. Paragraph (a) of subsection (2) of section
  559  213.21, Florida Statutes, is amended to read:
  560         213.21 Informal conferences; compromises.—
  561         (2)(a) The executive director of the department or his or
  562  her designee is authorized to enter into closing agreements with
  563  any taxpayer settling or compromising the taxpayer’s liability
  564  for any tax, interest, or penalty assessed under any of the
  565  chapters specified in s. 72.011(1). Such agreements must shall
  566  be in writing if when the amount of tax, penalty, or interest
  567  compromised exceeds $30,000, or for lesser amounts, if when the
  568  department deems it appropriate or if when requested by the
  569  taxpayer. When a written closing agreement has been approved by
  570  the department and signed by the executive director or his or
  571  her designee and the taxpayer, it shall be final and conclusive;
  572  and, except upon a showing of fraud or misrepresentation of
  573  material fact or except as to adjustments pursuant to ss. 198.16
  574  and 220.23, no additional assessment may be made by the
  575  department against the taxpayer for the tax, interest, or
  576  penalty specified in the closing agreement for the time period
  577  specified in the closing agreement, and the taxpayer is shall
  578  not be entitled to institute any judicial or administrative
  579  proceeding to recover any tax, interest, or penalty paid
  580  pursuant to the closing agreement. The department is authorized
  581  to delegate to the executive director the authority to approve
  582  any such closing agreement resulting in a tax reduction of
  583  $500,000 $250,000 or less.
  584         Section 13. Section 213.295, Florida Statutes, is created
  585  to read:
  586         213.295Automated sales suppression devices.—
  587         (1) As used in this section, the term:
  588         (a) “Automated sales suppression device” or “zapper” means
  589  a software program that falsifies the electronic records of
  590  electronic cash registers or other point-of-sale systems,
  591  including, but not limited to, transaction data and transaction
  592  reports. The term includes the software program, any device that
  593  carries the software program, or an Internet link to the
  594  software program.
  595         (b) “Electronic cash register” means a device that keeps a
  596  register or supporting documents through the use of an
  597  electronic device or computer system designed to record
  598  transaction data for the purpose of computing, compiling, or
  599  processing retail sales transaction data in whatever manner.
  600         (c) “Phantom-ware” means a hidden programming option
  601  embedded in the operating system of an electronic cash register
  602  or hardwired into the electronic cash register which may be used
  603  to create a second set of records or eliminate or manipulate
  604  transaction records, which may or may not be preserved in
  605  digital formats, to represent the true or manipulated record of
  606  transactions in the electronic cash register.
  607         (d) “Transaction data” includes items purchased by a
  608  customer; the price for each item; a taxability determination
  609  for each item; a segregated tax amount for each of the taxed
  610  items; the amount of cash or credit tendered; the net amount
  611  returned to the customer in change; the date and time of the
  612  purchase; the name, address, and identification number of the
  613  vendor; and the receipt or invoice number of the transaction.
  614         (e) “Transaction report” means a report that documents, but
  615  is not limited to documenting, the sales, taxes, or fees
  616  collected, media totals, and discount voids at an electronic
  617  cash register which is printed on a cash register tape at the
  618  end of a day or a shift, or a report that documents every action
  619  at an electronic cash register and which is stored
  620  electronically.
  621         (2) A person may not knowingly sell, purchase, install,
  622  transfer, possess, use, or access any automated sales
  623  suppression device, zapper, or phantom-ware.
  624         (3) A person who violates this section:
  625         (a) Commits a felony of the third degree, punishable as
  626  provided in s. 775.082, s. 775.083, or s. 775.084.
  627         (b) Is liable for all taxes, fees, penalties, and interest
  628  due the state as a result of the use of an automated sales
  629  suppression device, zapper, or phantom-ware and shall forfeit to
  630  the state as an additional penalty all profits associated with
  631  the sale or use of an automated sales suppression device,
  632  zapper, or phantom-ware.
  633         (4) An automated sales suppression device, zapper, phantom
  634  ware, or any device containing such device or software is a
  635  contraband article under ss. 932.701-932.706, the Florida
  636  Contraband Forfeiture Act.
  637         Section 14. Paragraph (q) of subsection (2) of section
  638  288.106, Florida Statutes, is amended to read:
  639         288.106 Tax refund program for qualified target industry
  640  businesses.—
  641         (2) DEFINITIONS.—As used in this section:
  642         (q) “Target industry business” means a corporate
  643  headquarters business or a any business that is engaged in one
  644  of the target industries identified pursuant to the following
  645  criteria developed by the department in consultation with
  646  Enterprise Florida, Inc.:
  647         1. Future growth.—Industry forecasts should indicate strong
  648  expectation for future growth in both employment and output,
  649  according to the most recent available data. Special
  650  consideration should be given to businesses that export goods
  651  to, or provide services in, international markets and businesses
  652  that replace domestic and international imports of goods or
  653  services.
  654         2. Stability.—The industry should not be subject to
  655  periodic layoffs, whether due to seasonality or sensitivity to
  656  volatile economic variables such as weather. The industry should
  657  also be relatively resistant to recession, so that the demand
  658  for products of the this industry is not typically subject to
  659  decline during an economic downturn.
  660         3. High wage.—The industry should pay relatively high wages
  661  compared to statewide or area averages.
  662         4. Market and resource independent.—The location of
  663  industry businesses should not be dependent on Florida markets
  664  or resources as indicated by industry analysis, except for
  665  businesses in the renewable energy industry.
  666         5. Industrial base diversification and strengthening.—The
  667  industry should contribute toward expanding or diversifying the
  668  state’s or area’s economic base, as indicated by analysis of
  669  employment and output shares compared to national and regional
  670  trends. Special consideration should be given to industries that
  671  strengthen regional economies by adding value to basic products
  672  or building regional industrial clusters as indicated by
  673  industry analysis, including, but not limited to, sports
  674  training or competition for the amateur athlete. Special
  675  consideration should also be given to the development of strong
  676  industrial clusters that include defense and homeland security
  677  businesses.
  678         6. Positive economic impact.—The industry is expected to
  679  have strong positive economic impacts on or benefits to the
  680  state or regional economies. Special consideration should be
  681  given to industries that facilitate the development of the state
  682  as a hub for domestic and global trade and logistics.
  683  
  684  The term does not include any business engaged in retail
  685  industry activities; any electrical utility company as defined
  686  in s. 366.02(2); any phosphate or other solid minerals
  687  severance, mining, or processing operation; any oil or gas
  688  exploration or production operation; or any business subject to
  689  regulation by the Division of Hotels and Restaurants of the
  690  Department of Business and Professional Regulation. Any business
  691  within NAICS code 5611 or 5614, office administrative services
  692  and business support services, respectively, may be considered a
  693  target industry business only after the local governing body and
  694  Enterprise Florida, Inc., make a determination that the
  695  community where the business may locate has conditions affecting
  696  the fiscal and economic viability of the local community or
  697  area, including but not limited to, factors such as low per
  698  capita income, high unemployment, high underemployment, and a
  699  lack of year-round stable employment opportunities, and such
  700  conditions may be improved by the location of such a business to
  701  the community. By January 1 of every 3rd year, beginning January
  702  1, 2011, the department, in consultation with Enterprise
  703  Florida, Inc., economic development organizations, the State
  704  University System, local governments, employee and employer
  705  organizations, market analysts, and economists, shall review
  706  and, as appropriate, revise the list of such target industries
  707  and submit the list to the Governor, the President of the
  708  Senate, and the Speaker of the House of Representatives.
  709         Section 15. Paragraph (h) of subsection (3) of section
  710  443.131, Florida Statutes, is amended to read:
  711         443.131 Contributions.—
  712         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  713  EXPERIENCE.—
  714         (h) Additional conditions for variation from the standard
  715  rate.—An employer’s contribution rate may not be reduced below
  716  the standard rate under this section unless:
  717         1. All contributions, reimbursements, interest, and
  718  penalties incurred by the employer for wages paid by him or her
  719  in all previous calendar quarters, except the 4 calendar
  720  quarters immediately preceding the calendar quarter or calendar
  721  year for which the benefit ratio is computed, are paid; and
  722         2. The employer has produced for inspection and copying all
  723  work records in his or her possession, custody, or control which
  724  were requested by the Department of Economic Opportunity or its
  725  tax collection service provider pursuant to s. 443.171(5). An
  726  employer shall have at least 60 days to provide the requested
  727  work records before the employer is assigned the standard rate;
  728  and
  729         3.2. The employer entitled to a rate reduction must have at
  730  least one annual payroll as defined in subparagraph (b)1. unless
  731  the employer is eligible for additional credit under the Federal
  732  Unemployment Tax Act. If the Federal Unemployment Tax Act is
  733  amended or repealed in a manner affecting credit under the
  734  federal act, this section applies only to the extent that
  735  additional credit is allowed against the payment of the tax
  736  imposed by the Federal Unemployment Tax act.
  737  
  738  The tax collection service provider shall assign an earned
  739  contribution rate to an employer for under subparagraph 1. the
  740  quarter immediately after the quarter in which all
  741  contributions, reimbursements, interest, and penalties are paid
  742  in full and all work records requested pursuant to s. 443.171(5)
  743  have been produced for inspection and copying to the Department
  744  of Economic Opportunity or the tax collection service provider.
  745         Section 16. Effective January 1, 2014, paragraph (a) of
  746  subsection (1) of section 443.141, Florida Statutes, is amended
  747  to read:
  748         443.141 Collection of contributions and reimbursements.—
  749         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  750  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  751         (a) Interest.—Contributions or reimbursements unpaid on the
  752  date due bear interest at the rate of 1 percent per month
  753  through December 31, 2013. Beginning January 1, 2014, the
  754  interest rate shall be calculated in accordance with s. 213.235,
  755  except that the rate of interest may not exceed 1 percent per
  756  month from and after the that date due until payment plus
  757  accrued interest is received by the tax collection service
  758  provider, unless the service provider finds that the employing
  759  unit has good reason for failing to pay the contributions or
  760  reimbursements when due. Interest collected under this
  761  subsection must be paid into the Special Employment Security
  762  Administration Trust Fund.
  763         Section 17. Except as otherwise expressly provided in this
  764  act, this act shall take effect upon becoming a law.