Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. PCS (932242) for CS for SB 638
       
       
       
       
       
       
                                Ì804678TÎ804678                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/24/2014           .                                
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       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1465 - 1560
    4  and insert:
    5         (1) In addition to the penalties provided for in s.
    6  496.419(5), the department may issue an order to disqualify a
    7  charitable organization or sponsor from receiving any sales tax
    8  exemption certificate issued by the Department of Revenue if the
    9  department finds a violation of s. 496.419(4).
   10         (2) A charitable organization or sponsor may appeal a
   11  disqualification order by requesting a hearing within 21 days
   12  after notification from the department that it has issued a
   13  disqualification order under this section. The hearing must be
   14  conducted in accordance with chapter 120.
   15         (3) A disqualification order issued by the department
   16  pursuant to this section is effective for 1 year after such
   17  order becomes final.
   18         (4) The department shall provide a disqualification order
   19  to the Department of Revenue within 30 days after such order
   20  becomes final. A final disqualification order is conclusive as
   21  to the charitable organization’s or sponsor’s entitlement to any
   22  sales tax exemption. The Department of Revenue shall revoke or
   23  refuse to grant a sales tax exemption certificate to a
   24  charitable organization or sponsor subject to a final
   25  disqualification order within 30 days after receiving such
   26  disqualification order. A charitable organization or sponsor may
   27  not appeal or challenge the revocation or denial of a sales tax
   28  exemption certificate by the Department of Revenue if such
   29  revocation or denial is based upon a final disqualification
   30  order issued pursuant to this section.
   31         Section 20. Section 496.431, Florida Statutes, is created
   32  to read:
   33         496.431 Severability.—If any provision of this chapter or
   34  its application to any person or circumstance is held invalid,
   35  the invalidity does not affect other provisions or applications
   36  of this chapter which can be given effect without the invalid
   37  provision or application, and to this end the provisions of this
   38  chapter are severable.
   39         Section 21. Paragraph (a) of subsection (3) of section
   40  741.0305, Florida Statutes, is amended to read:
   41         741.0305 Marriage fee reduction for completion of
   42  premarital preparation course.—
   43         (3)(a) All individuals electing to participate in a
   44  premarital preparation course shall choose from the following
   45  list of qualified instructors:
   46         1. A psychologist licensed under chapter 490.
   47         2. A clinical social worker licensed under chapter 491.
   48         3. A marriage and family therapist licensed under chapter
   49  491.
   50         4. A mental health counselor licensed under chapter 491.
   51         5. An official representative of a religious institution
   52  which is recognized under s. 496.404(23) s. 496.404(19), if the
   53  representative has relevant training.
   54         6. Any other provider designated by a judicial circuit,
   55  including, but not limited to, school counselors who are
   56  certified to offer such courses. Each judicial circuit may
   57  establish a roster of area course providers, including those who
   58  offer the course on a sliding fee scale or for free.
   59         Section 22. For the 2014-2015 fiscal year, there is
   60  appropriated to the Department of Agriculture and Consumer
   61  Services, the sums of $179,944 in recurring and $235,584 in
   62  nonrecurring funds from the General Inspection Trust Fund, and 3
   63  full-time equivalent positions with associated salary rate of
   64  110,441 are authorized for the purpose of implementing this act.
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Delete lines 190 - 207
   69  and insert:
   70         procedure; providing that a disqualification order
   71         remains effective for a specified period; requiring
   72         the department to provide a final disqualification
   73         order to the Department of Revenue within a specified
   74         period; providing that a final disqualification order
   75         is conclusive as to a charitable organization or
   76         sponsor’s right to a sales tax exemption; requiring
   77         the Department of Revenue to revoke or deny a sales
   78         tax exemption to a charitable organization or sponsor
   79         subject to a final disqualification order within a
   80         specified period; prohibiting a charitable
   81         organization or sponsor from appealing or challenging
   82         the revocation or denial of a sales tax exemption
   83         certificate under certain circumstances; creating s.
   84         496.431, F.S.; providing for severability; amending s.
   85         741.0305, F.S.; conforming a cross-reference;
   86         providing an appropriation and authorizing positions;
   87         providing an effective date.