Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1112 Ì840230cÎ840230 LEGISLATIVE ACTION Senate . House Comm: FAV . 01/21/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Taddeo) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 65 - 186 4 and insert: 5 business of extracting water from waters of the state and 6 bottling or packaging the water for sale. The term does not 7 include a person who extracts and bottles or packages water from 8 a public water system as defined in s. 403.852(2). 9 (2) “Department” means the Department of Revenue. 10 (3) “Waters of the state” has the same meaning as the term 11 “waters” as defined in s. 403.031(13). 12 Section 4. Section 211.41, Florida Statutes, is created to 13 read: 14 211.41 Bottled water excise tax; distribution and use of 15 tax proceeds.— 16 (1) An excise tax is levied upon every person who acts as a 17 bottled water operator at a rate of 12.5 cents per gallon of 18 water extracted from waters of the state. 19 (2) The proceeds of the tax imposed by this section must be 20 deposited in the Wastewater Treatment and Stormwater Management 21 Revolving Loan Trust Fund and must be accounted for separately 22 within the fund. The tax proceeds must be used to provide grants 23 and loans to local governmental agencies pursuant to s. 24 403.1835, with priority to projects to connect existing onsite 25 sewage treatment and disposal systems to central sewerage 26 systems. 27 Section 5. Section 211.42, Florida Statutes, is created to 28 read: 29 211.42 Returns; filing requirements.— 30 (1) Each bottled water operator shall remit tax due and 31 submit to the department a return on or before the 25th day of 32 each month showing the total amount of water extracted from 33 waters of the state during the previous month, the source and 34 county of extraction, the location of all facilities from which 35 taxable water was extracted, and other information required by 36 department rule. The department shall prescribe the form of the 37 return by rule. The return must be filed on or before the last 38 day prescribed for payment of the tax and must be signed and 39 verified under oath by the bottled water operator or the bottled 40 water operator’s authorized representative. 41 (a) The return must include a statement of the tax due 42 under this part and such other information as the department may 43 reasonably require. 44 (b) A return must be filed even though no tax is due. Any 45 tax, penalty, or interest due must be remitted with the return. 46 (2) If any due date prescribed by this section falls on a 47 Saturday, Sunday, or state or federal holiday, the last date 48 prescribed for filing or payment is the next day that is not a 49 Saturday, Sunday, or holiday. The date of receipt by the 50 department, or the postmark date if mailed, determines the 51 timeliness of payment or filing. 52 (3) The department may grant an extension of time for 53 payment or filing of a return upon written request submitted on 54 or before the due date. 55 Section 6. Section 211.43, Florida Statutes, is created to 56 read: 57 211.43 Interest and penalties; failure to pay tax or file 58 return.— 59 (1) If any part of the tax imposed by this part is not paid 60 on or before the due date, interest must be added to the amount 61 due at the rate of 12 percent per year from the due date until 62 the date of payment. 63 (2) A bottled water operator who fails to file the return 64 required under s. 211.42 by the due date shall pay a delinquency 65 penalty. If tax is due with the return, the delinquency penalty 66 is 10 percent for each month, or portion thereof, of the amount 67 of tax due with the return, not to exceed 50 percent. If no tax 68 is due with the return, the delinquency penalty is $50 for each 69 month, or portion thereof, during which the return was not 70 filed, not to exceed $300 in aggregate. The amount of tax due 71 with a return must be reduced by amounts properly creditable 72 against the tax liability shown on the return on the date the 73 return was due. 74 (3) A bottled water operator who makes a substantial 75 underpayment of the tax due under this part shall pay a penalty 76 of 30 percent of the underpayment in addition to the delinquency 77 penalty imposed under subsection (2). For purposes of this 78 subsection, a substantial underpayment of tax is a deficiency of 79 tax in an amount exceeding 35 percent of the total tax due for a 80 month. 81 (4) Any penalty or interest imposed under this section is 82 deemed assessed upon the assessment of the tax and must be 83 collected and paid in the same manner as the tax. 84 (5) Any penalty imposed by this section may be settled or 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete lines 13 - 26 89 and insert: 90 monthly returns with the Department of Revenue; 91 authorizing the department to grant extensions for 92 filing and payment under certain circumstances; 93 specifying the department’s rulemaking authority; 94 creating s. 211.43, F.S.; specifying interest payable 95 on unpaid taxes; specifying the delinquency penalty 96 for failure to timely file a return; specifying the 97 penalty for the substantial underpayment of taxes; 98 providing construction;