Florida Senate - 2021                                    SB 1918
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00506-21                                           20211918__
    1                        A bill to be entitled                      
    2         An act relating to taxes and fees; creating s.
    3         566.801, F.S.; specifying fees under ch. 566, F.S.,
    4         for various applications, renewals, and other
    5         purposes; creating s. 566.802, F.S.; providing
    6         contributions for early approval adult use dispensing
    7         organization licenses; creating s. 566.803, F.S.;
    8         providing that the Department of Business and
    9         Professional Regulation may revise fees after a
   10         specified date; creating s. 566.804, F.S.; providing
   11         for certain mandatory contributions for obtaining
   12         early approval adult use dispensing organization
   13         licenses; creating s. 566.805, F.S.; levying a tax on
   14         the cultivation of cannabis; specifying the amount of
   15         the tax; providing for the collection, payment, and
   16         administration of the tax; providing for rulemaking;
   17         creating s. 566.806, F.S.; defining terms; levying a
   18         tax on cannabis purchases; providing exceptions;
   19         providing for the collection, payment, and
   20         administration of the tax; requiring recordkeeping;
   21         prohibiting specified offenses concerning the tax;
   22         providing criminal penalties; defining terms;
   23         providing the department with enforcement authority;
   24         authorizing the department to adopt rules; providing a
   25         contingent effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 566.801, Florida Statutes, is created to
   30  read:
   31         566.801Fees.—Licensing and registration fees under this
   32  chapter are as follows:
   33         (1)Early approval adult use dispensing organization
   34  license fees:
   35         (a)Application under s. 566.202(2)(a), $30,000.
   36         (b)Renewal under s. 566.202(11)(a), $30,000.
   37         (c)Secondary location application under s.
   38  566.202(15)(d)1., $30,000.
   39         (d)Secondary location renewal under s. 566.202(15)(p)1.,
   40  $30,000.
   41         (2)Conditional adult use dispensing organization licenses:
   42         (a)Under s. 566.203(4)(a), $5,000.
   43         (b)Under s. 566.203(7)(b), $60,000.
   44         (3)Adult use dispensing organization licenses:
   45         (a)Initial license under s. 566.2032(2)(b), $60,000.
   46         (b)Renewal under s. 566.20331(3), $60,000.
   47         (4)Adult use dispensing organization agent:
   48         (a)Identification card fees:
   49         1.Initial card under s. 566.2033(1)(e), $100.
   50         2.Renewal card under s. 566.20331(3), $100.
   51         (b)Applicants for training approval:
   52         1.Under s. 566.2033(1)(e), $2,000.
   53         2.Under s. 566.2033(16), $2,000.
   54         (5)Changes in ownership of a dispensing organization under
   55  s. 566.20334(10)(b), $5,000.
   56         (6)Early approval of adult use cultivation center
   57  licenses:
   58         (a)Application fee under s. 566.3011(2)(a), $100,000.
   59         (b)Cannabis business development fee under s.
   60  566.3011(2)(h), $250,000.
   61         (c)Required contribution under s. 566.3011(2)(i),
   62  $100,000.
   63         (d)Renewal fee under s. 566.3011(3)(a), $100,000.
   64         (7)Conditional adult use license under s. 566.3013(4),
   65  $100,000.
   66         (8)Conditional adult use cultivation center license
   67  registration fee under s. 566.3014(2)(b), $100,000.
   68         (9)Cultivation center license renewal under s.
   69  566.3019(1)(a), $100,000.
   70         (10)Craft grower:
   71         (a)Application fee under s. 566.401(2)(a)1., $5,000.
   72         (b)License fee under s. 566.401(3)(d), $40,000.
   73         (c)License renewal under s. 566.401(9)(a)1., $40,000.
   74         (11)Infuser organization:
   75         (a)Application fee under s. 566.405(2)(a)1., $5,000.
   76         (b)License fee under s. 566.401(3)(d), $5,000.
   77         (c)Renewal application fee under s. 566.405(9)(a)1.,
   78  $20,000.
   79         (12)Transporting organizations:
   80         (a)Application fee under s. 566.4501(2)(a)1., $5,000.
   81         (b)License fee under s. 566.4501(3)(e), $10,000.
   82         (c)Renewal fee under s. 566.4501(8)(a)1., $10,000.
   83         Section 2. Section 566.802, Florida Statutes, is created to
   84  read:
   85         566.802Contributions for early approval adult use
   86  dispensing organization licenses.—
   87         (1)As provided in s. 566.202(2)(g), $100,000.
   88         (2)As provided in s. 566.202(2)(h)1., 2., or 3., $100,000.
   89         (3)As provided in s. 566.202(2)(h)5., $200,000.
   90         Section 3. Section 566.803, Florida Statutes, is created to
   91  read:
   92         566.803Department fee revisions.—After January 1, 2021,
   93  the department may by rule modify any fee established under this
   94  chapter.
   95         Section 4. Section 566.804, Florida Statutes, is created to
   96  read:
   97         566.804Mandatory contributions for early approval adult
   98  use dispensing organization licenses.—
   99         (1)As provided in s. 566.202(2)(g), $100,000.
  100         (2)As provided in s. 566.202(2)(h)1., 2., or 3., $100,000.
  101         (3)As provided in s. 566.202(2)(h)5., $200,000.
  102         (4)As provided in s. 566.202(15)(d)15., $200,000.
  103         Section 5. Present subsections (1) through (4) of section
  104  566.805, Florida Statutes, as created by SB ___, are
  105  redesignated as subsections (9) through (12), respectively, and
  106  new subsections (1) through (8) are added to that section, to
  107  read:
  108         566.805 Cannabis cultivation.—
  109         (1)CULTIVATING CANNABIS PRIVILEGE.—
  110         (a)Beginning January 1, 2022, a tax is imposed upon the
  111  privilege of cultivating cannabis at the rate of 7 percent of
  112  the gross receipts from the first sale of cannabis by a
  113  cultivator. The sale of any product that contains any amount of
  114  cannabis or any derivative thereof is subject to the tax under
  115  this section on the full selling price of the product. The
  116  department may determine the selling price of the cannabis when
  117  the seller and purchaser are affiliated persons, when the sale
  118  and purchase of cannabis is not an arm’s length transaction, or
  119  when cannabis is transferred by a craft grower to the craft
  120  grower’s dispensing organization or infuser or processing
  121  organization and a value is not established for the cannabis.
  122  The value determined by the department shall be commensurate
  123  with the actual price received for products of like quality,
  124  character, and use in the area. If there are no sales of
  125  cannabis of like quality, character, and use in the same area,
  126  the department shall establish a reasonable value based on sales
  127  of products of like quality, character, and use in other areas
  128  of this state, taking into consideration any other relevant
  129  factors.
  130         (b)The cannabis cultivation privilege tax imposed under
  131  this section is solely the responsibility of the cultivator who
  132  makes the first sale and is not the responsibility of a
  133  subsequent purchaser, a dispensing organization, or an infuser.
  134  Persons subject to the tax imposed under this section may
  135  reimburse themselves for their tax liability hereunder by
  136  separately stating reimbursement for their tax liability as an
  137  additional charge.
  138         (c)The tax imposed under this section shall be in addition
  139  to all other occupation, privilege, or excise taxes imposed by
  140  the state or by any unit of local government.
  141         (2)REGISTRATION OF CULTIVATORS.—Every cultivator and craft
  142  grower subject to the tax under this section shall apply to the
  143  Department of Revenue for a certificate of registration under
  144  this section. All applications for registration under this
  145  section shall be made by electronic means in the form and manner
  146  required by the department. For that purpose, the provisions of
  147  chapter 212 are incorporated into this section to the extent not
  148  inconsistent with this section. In addition, a certificate of
  149  registration may not be issued under this section unless the
  150  applicant is licensed under this chapter.
  151         (3)(a)RETURN AND PAYMENT.—Each person who is required to
  152  pay the tax imposed by this section shall make a return to the
  153  department on or before the 20th day of each month for the
  154  preceding calendar month stating the following:
  155         1.The taxpayer’s name.
  156         2.The address of the taxpayer’s principal place of
  157  business and the address of the principal place of business, if
  158  that address is different from where the taxpayer engaged in the
  159  business of cultivating cannabis subject to tax under this
  160  section.
  161         3.The total amount of receipts received by the taxpayer
  162  during the preceding calendar month from sales of cannabis
  163  subject to tax under this section by the taxpayer during the
  164  preceding calendar month.
  165         4.The total amount received by the taxpayer during the
  166  preceding calendar month on charge and time sales of cannabis
  167  subject to tax imposed under this section by the taxpayer before
  168  the month for which the return is filed.
  169         5.Deductions allowed by law.
  170         6.Gross receipts that were received by the taxpayer during
  171  the preceding calendar month and upon the basis of which the tax
  172  is imposed.
  173         7.The amount of tax due.
  174         8.The signature of the taxpayer.
  175         9.Any other information as the department may reasonably
  176  require.
  177         (b)All returns required to be filed and payments required
  178  to be made under this section shall be by electronic means.
  179  Taxpayers who demonstrate hardship in paying electronically may
  180  petition the department to waive the electronic payment
  181  requirement.
  182         (c)The taxpayer making the return provided for in this
  183  section shall also pay to the department, in accordance with
  184  this section, the amount of tax imposed by this section, less a
  185  discount of 1.75 percent, but not to exceed $1,000 per return
  186  period, which is allowed to reimburse the taxpayer for the
  187  expenses incurred in keeping records, collecting tax, preparing
  188  and filing returns, remitting the tax, and supplying data to the
  189  department upon request. A discount may not be claimed by a
  190  taxpayer on returns not timely filed and for taxes not timely
  191  remitted. A discount may not be claimed by a taxpayer for any
  192  return that is not filed electronically. A discount may not be
  193  claimed by a taxpayer for any payment that is not made
  194  electronically, unless a waiver has been granted under this
  195  section. Any amount that is required to be shown or reported on
  196  any return or other document under this section shall, if the
  197  amount is not a whole-dollar amount, be increased to the nearest
  198  whole-dollar amount if the fractional part of a dollar is $0.50
  199  or more and decreased to the nearest whole-dollar amount if the
  200  fractional part of a dollar is less than $0.50. If a total
  201  amount of less than $1 is payable, refundable, or creditable,
  202  the amount shall be disregarded if it is less than $0.50 and
  203  shall be increased to $1 if it is $0.50 or more. Notwithstanding
  204  any other provision of this section concerning the time within
  205  which a taxpayer may file a return, any such taxpayer who ceases
  206  to engage in the kind of business that makes the person
  207  responsible for filing returns under this section shall file a
  208  final return under this section with the department within 1
  209  month after discontinuing such business. Each taxpayer under
  210  this section shall make estimated payments to the department on
  211  or before the 7th, 15th, 22nd, and last day of the month during
  212  which tax liability to the department is incurred. The payments
  213  shall be in an amount not less than the lower of either 22.5
  214  percent of the taxpayer’s actual tax liability for the month or
  215  25 percent of the taxpayer’s actual tax liability for the same
  216  calendar month of the preceding year. The amount of the quarter
  217  monthly payments shall be credited against the final tax
  218  liability of the taxpayer’s return for that month. If any
  219  quarter-monthly payment is not paid at the time or in the amount
  220  required by this section, the taxpayer shall be liable for
  221  penalties and interest on the difference between the minimum
  222  amount due as a payment and the amount of the quarter-monthly
  223  payment actually and timely paid, except insofar as the taxpayer
  224  has previously made payments for that month to the department in
  225  excess of the minimum payments previously due as provided in
  226  this section. If any payment provided for in this section
  227  exceeds the taxpayer’s liabilities under this section, as shown
  228  on an original monthly return, the department shall, if
  229  requested by the taxpayer, issue to the taxpayer a credit
  230  memorandum no later than 30 days after the date of payment. The
  231  credit evidenced by the credit memorandum may be assigned by the
  232  taxpayer to a similar taxpayer under this chapter, in accordance
  233  with reasonable rules to be prescribed by the department. If no
  234  such request is made, the taxpayer may credit the excess payment
  235  against tax liability subsequently to be remitted to the
  236  department under this chapter, in accordance with reasonable
  237  rules prescribed by the department. If the department
  238  subsequently determines that all or any part of the credit taken
  239  was not actually due to the taxpayer, the taxpayer’s discount
  240  shall be reduced, if necessary, to reflect the difference
  241  between the credit taken and that actually due, and the taxpayer
  242  shall be liable for penalties and interest on the difference.
  243         (d)If a taxpayer fails to sign a return within 30 days
  244  after the proper notice and demand for signature by the
  245  department is received by the taxpayer, the return shall be
  246  considered valid and any amount shown to be due on the return
  247  shall be deemed assessed.
  248         (4)INFUSER INFORMATION RETURNS.—If it is deemed necessary
  249  for the administration of this section, the department may adopt
  250  rules that require infusers to file information returns
  251  regarding the sale of cannabis by infusers to dispensaries. The
  252  department may require infusers to file all information returns
  253  by electronic means.
  254         (5)DEPOSIT OF PROCEEDS.—All moneys received by the
  255  department under this section shall be deposited into the
  256  Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
  257         (6)ADMINISTRATION AND ENFORCEMENT.—The department shall
  258  have full power to administer and enforce this section; to
  259  collect all taxes, penalties, and interest due hereunder; to
  260  dispose of taxes, penalties and interest so collected in the
  261  manner hereinafter provided; and to determine all rights to
  262  credit memoranda arising on account of the erroneous payment of
  263  tax, penalty, or interest hereunder. In the administration of,
  264  and compliance with, this section, the department and persons
  265  who are subject to this section shall have the same rights,
  266  remedies, privileges, immunities, powers, and duties; be subject
  267  to the same conditions, restrictions, limitations, penalties,
  268  and definitions of terms; and employ the same procedures as are
  269  prescribed in chapter 212 which are not inconsistent with this
  270  section, as fully as if those provisions were set forth herein.
  271         (7)INVOICES.—Every sales invoice for cannabis issued by a
  272  cultivator to a cannabis business establishment must contain the
  273  cultivator’s certificate of registration number assigned under
  274  this section; the date; the invoice number; the purchaser’s name
  275  and address; the selling price; the amount of cannabis,
  276  concentrate, or cannabis-infused product; and any other
  277  reasonable information as the department may provide by rule is
  278  necessary for the administration of this section. Cultivators
  279  shall retain the invoices for inspection by the department.
  280         (8)RULES.—The department may adopt rules related to the
  281  enforcement of this section.
  282         Section 6. Section 566.806, Florida Statutes, is created to
  283  read:
  284         566.806Cannabis purchaser excise tax.—
  285         (1)DEFINITIONS.—As used in his section, the term:
  286         (a)“Adjusted delta-9-tetrahydrocannabinol level” means,
  287  for a delta-9-tetrahydrocannabinol-dominant product, the sum of
  288  the percentage of delta-9-tetrahydrocannabinol plus .877
  289  multiplied by the percentage of tetrahydrocannabinolic acid.
  290         (b)“Cannabis-infused product” means beverages, food, oils,
  291  ointments, tinctures, topical formulations, or other products
  292  containing cannabis that is not intended to be smoked.
  293         (c)“Cannabis retailer” means a dispensing organization
  294  that sells cannabis for use and not for resale.
  295         (d)“Department” means the Department of Revenue.
  296         (e)“Infuser organization” or “infuser” means a facility
  297  operated by an organization or a business that is licensed by
  298  the Department of Business and Professional Regulation to
  299  directly incorporate cannabis or cannabis concentrate into a
  300  product formulation to produce a cannabis-infused product.
  301         (f)“Purchase price” means the consideration paid for a
  302  purchase of cannabis, valued in money, whether received in money
  303  or otherwise, including cash, gift cards, credits, and property,
  304  and shall be determined without any deduction on account of the
  305  cost of materials used, labor or service costs, or any other
  306  expense whatsoever. However, the term does not include
  307  consideration paid for:
  308         1.Any charge for a payment that is not honored by a
  309  financial institution;
  310         2.Any finance or credit charge, penalty or charge for
  311  delayed payment, or discount for prompt payment; or
  312         3.Any amount added to a purchaser’s bill because of
  313  charges made under the tax imposed by this section or any other
  314  sales or use tax.
  315         (g)“Purchaser” means a person who acquires cannabis for a
  316  valuable consideration.
  317         (h)“Taxpayer” means a cannabis retailer who is required to
  318  collect the tax imposed under this section.
  319         (2)TAX IMPOSED.—
  320         (a)Beginning January 1, 2022, a tax is imposed upon
  321  purchasers for the privilege of using cannabis at the following
  322  rates:
  323         1.Any cannabis, other than a cannabis-infused product,
  324  with an adjusted delta-9-tetrahydrocannabinol level at or below
  325  35 percent shall be taxed at a rate of 10 percent of the
  326  purchase price.
  327         2.Any cannabis, other than a cannabis-infused product,
  328  with an adjusted delta-9-tetrahydrocannabinol level above 35
  329  percent shall be taxed at a rate of 25 percent of the purchase
  330  price.
  331         3.A cannabis-infused product shall be taxed at a rate of
  332  20 percent of the purchase price.
  333         (b)The purchase of any product that contains any amount of
  334  cannabis or any derivative thereof is subject to the tax under
  335  paragraph (a) on the full purchase price of the product.
  336         (c)The tax imposed under this section may not be imposed
  337  on cannabis that is sold for medical use as defined in s.
  338  381.986 and purchased by a person listed on the Medical
  339  Marijuana Use Registry. The tax imposed by this section may not
  340  be imposed with respect to any transaction in interstate
  341  commerce, to the extent the transaction may not, under the
  342  Constitution and statutes of the United States, be made the
  343  subject of taxation by the state.
  344         (d)The tax imposed under this section shall be in addition
  345  to all other occupation, privilege, or excise taxes imposed by
  346  the state or by any political subdivision.
  347         (e)The tax imposed under this section may not be imposed
  348  on any purchase by a purchaser if the cannabis retailer is
  349  prohibited by federal or State Constitution, treaty, convention,
  350  statute, or court decision from collecting the tax from the
  351  purchaser.
  352         (3)BUNDLING OF TAXABLE AND NONTAXABLE ITEMS; PROHIBITION;
  353  TAXATION.—If a cannabis retailer sells cannabis, concentrate, or
  354  cannabis-infused products in combination or bundled with items
  355  that are not subject to tax under this section for one price,
  356  the tax under this section is imposed on the purchase price of
  357  the entire bundled product.
  358         (4)COLLECTION OF TAX.—
  359         (a)The tax imposed by this section shall be collected from
  360  the purchaser by the cannabis retailer at the rate stated in
  361  subsection (2) with respect to cannabis sold by the cannabis
  362  retailer to the purchaser and shall be remitted to the
  363  department as provided in this section. All sales to a purchaser
  364  who is not a cardholder under s. 381.986 are presumed subject to
  365  tax collection. Cannabis retailers shall collect the tax from
  366  purchasers by adding the tax to the amount of the purchase price
  367  received from the purchaser for selling cannabis to the
  368  purchaser. The tax imposed by this section shall, when
  369  collected, be stated as a distinct item separate and apart from
  370  the purchase price of the cannabis.
  371         (b)If a cannabis retailer collects cannabis purchaser
  372  excise tax measured by a purchase price that is not subject to
  373  cannabis purchaser excise tax, or if a cannabis retailer, in
  374  collecting cannabis purchaser excise tax measured by a purchase
  375  price that is subject to tax under this section, collects more
  376  from the purchaser than the required amount of the cannabis
  377  purchaser excise tax on the transaction, the purchaser shall
  378  have a legal right to claim a refund of that amount from the
  379  cannabis retailer. If that amount is not refunded to the
  380  purchaser for any reason, the cannabis retailer is liable to pay
  381  that amount to the department.
  382         (c)Any person purchasing cannabis subject to tax under
  383  this section who has not been charged the tax imposed by
  384  subsection (2) shall make payment of the tax imposed by
  385  subsection (2) in the form and manner provided by the department
  386  not later than the 20th day of the month following the month of
  387  purchase of the cannabis.
  388         (5)REGISTRATION OF RETAILERS.—Every cannabis retailer
  389  required to collect the tax under this section shall apply to
  390  the department for a certificate of registration under this
  391  section. All applications for registration under this section
  392  shall be made by electronic means in the form and manner
  393  required by the department. For that purpose, the provisions of
  394  chapter 212 are incorporated into this section to the extent not
  395  inconsistent with this section. In addition, no certificate of
  396  registration shall be issued under this section unless the
  397  applicant is licensed under this chapter.
  398         (6)TAX COLLECTED AS DEBT OWED TO STATE.—Any cannabis
  399  retailer required to collect the tax imposed by this section
  400  shall be liable to the department for the tax, whether or not
  401  the tax has been collected by the cannabis retailer, and any
  402  such tax shall constitute a debt owed by the cannabis retailer
  403  to the state. To the extent that a cannabis retailer required to
  404  collect the tax imposed by this section has actually collected
  405  that tax, the tax is held in trust for the benefit of the
  406  department.
  407         (7)RETURN AND PAYMENT.—
  408         (a)Each cannabis retailer that is required or authorized
  409  to collect the tax imposed by this section shall make a return
  410  to the department, by electronic means, on or before the 20th
  411  day of each month for the preceding calendar month stating the
  412  following:
  413         1.The cannabis retailer’s name.
  414         2.The address of the cannabis retailer’s principal place
  415  of business and the address of the principal place of business,
  416  if that address is different from where the cannabis retailer
  417  engaged in the business of selling cannabis subject to tax under
  418  this section.
  419         3.The total purchase price received by the cannabis
  420  retailer for cannabis subject to tax under this section.
  421         4.The amount of tax due at each rate.
  422         5. The signature of the cannabis retailer.
  423         6. Any other information as the department may reasonably
  424  require.
  425         (b) All returns required to be filed and payments required
  426  to be made under this section shall be by electronic means.
  427  Cannabis retailers who demonstrate hardship in paying
  428  electronically may petition the department to waive the
  429  electronic payment requirement.
  430         (c) Any amount that is required to be shown or reported on
  431  any return or other document under this section shall, if the
  432  amount is not a whole-dollar amount, be increased to the nearest
  433  whole-dollar amount if the fractional part of a dollar is $0.50
  434  or more and decreased to the nearest whole-dollar amount if the
  435  fractional part of a dollar is less than $0.50. If a total
  436  amount of less than $1 is payable, refundable, or creditable,
  437  the amount shall be disregarded if it is less than $0.50 and
  438  shall be increased to $1 if it is $0.50 or more.
  439         (d) The cannabis retailer making the return provided for in
  440  this section shall also pay to the department, in accordance
  441  with this section, the amount of tax imposed by this section,
  442  less a discount of 1.75 percent, but not to exceed $1,000 per
  443  return period, which is allowed to reimburse the cannabis
  444  retailer for the expenses incurred in keeping records,
  445  collecting tax, preparing and filing returns, remitting the tax,
  446  and supplying data to the department upon request. A discount
  447  may not be claimed by a cannabis retailer on returns not timely
  448  filed and for taxes not timely remitted. A discount may not be
  449  claimed by a taxpayer for any return that is not filed
  450  electronically. A discount may not be claimed by a taxpayer for
  451  any payment that is not made electronically, unless a waiver has
  452  been granted under this section.
  453         (e) Notwithstanding any other provision of this section
  454  concerning the time within which a cannabis retailer may file a
  455  return, any such cannabis retailer who ceases to engage in the
  456  kind of business that makes the person responsible for filing
  457  returns under this section shall file a final return under this
  458  section with the department within 1 month after discontinuing
  459  the business.
  460         (f) Each cannabis retailer shall make estimated payments to
  461  the department on or before the 7th, 15th, 22nd, and last day of
  462  the month during which tax liability to the department is
  463  incurred. The payments shall be in an amount not less than the
  464  lower of either 22.5 percent of the cannabis retailer’s actual
  465  tax liability for the month or 25 percent of the cannabis
  466  retailer’s actual tax liability for the same calendar month of
  467  the preceding year. The amount of the quarter-monthly payments
  468  shall be credited against the final tax liability of the
  469  cannabis retailer’s return for that month. If any such quarter
  470  monthly payment is not paid at the time or in the amount
  471  required by this section, the cannabis retailer shall be liable
  472  for penalties and interest on the difference between the minimum
  473  amount due as a payment and the amount of the quarter-monthly
  474  payment actually and timely paid, except insofar as the cannabis
  475  retailer has previously made payments for that month to the
  476  department in excess of the minimum payments previously due as
  477  provided in this section. If any payment provided for in this
  478  section exceeds the taxpayer’s liabilities under this section,
  479  as shown on an original monthly return, the department shall, if
  480  requested by the taxpayer, issue to the taxpayer a credit
  481  memorandum no later than 30 days after the date of payment. The
  482  credit evidenced by the credit memorandum may be assigned by the
  483  taxpayer to a similar taxpayer under this section, in accordance
  484  with reasonable rules to be prescribed by the department. If no
  485  such request is made, the taxpayer may credit the excess payment
  486  against tax liability subsequently to be remitted to the
  487  department under this section, in accordance with reasonable
  488  rules prescribed by the department. If the department
  489  subsequently determines that all or any part of the credit taken
  490  was not actually due to the taxpayer, the taxpayer’s discount
  491  shall be reduced, if necessary, to reflect the difference
  492  between the credit taken and that actually due, and that
  493  taxpayer shall be liable for penalties and interest on the
  494  difference.
  495         (g) If a cannabis retailer fails to sign a return within 30
  496  days after the proper notice and demand for signature by the
  497  department is received by the cannabis retailer, the return
  498  shall be considered valid and any amount shown to be due on the
  499  return shall be deemed assessed.
  500         (8) DEPOSIT OF PROCEEDS.—All moneys received by the
  501  department under this section shall be paid into the Cannabis
  502  Regulation Fund.
  503         (9) RECORDKEEPING; BOOKS AND RECORDS.—
  504         (a) Every retailer of cannabis, whether or not the retailer
  505  has obtained a certificate of registration under subsection (5),
  506  shall keep complete and accurate records of cannabis held,
  507  purchased, sold, or otherwise disposed of and shall preserve and
  508  keep all invoices, bills of lading, sales records, and copies of
  509  bills of sale, returns, and other pertinent papers and documents
  510  relating to the purchase, sale, or disposition of cannabis. Such
  511  records need not be maintained on the licensed premises but must
  512  be maintained in this state. However, all original invoices or
  513  copies thereof covering purchases of cannabis must be retained
  514  on the licensed premises for a period of 90 days after such
  515  purchase, unless the department has granted a waiver in response
  516  to a written request in cases where records are kept at a
  517  central business location within this state. The department
  518  shall adopt rules regarding the eligibility for a waiver,
  519  revocation of a waiver, and requirements and standards for
  520  maintenance and accessibility of records located at a central
  521  location under a waiver provided under this section.
  522         (b) Books, records, papers, and documents that are required
  523  by this section to be kept shall, at all times during the usual
  524  business hours of the day, be subject to inspection by the
  525  department or its duly authorized agents and employees. The
  526  books, records, papers, and documents for any period with
  527  respect to which the department is authorized to issue a notice
  528  of tax liability shall be preserved until the expiration of that
  529  period.
  530         (10) VIOLATIONS AND PENALTIES.—
  531         (a) When the amount due is under $300, any retailer of
  532  cannabis who fails to file a return, willfully fails or refuses
  533  to make any payment to the department of the tax imposed by this
  534  section, or files a fraudulent return; any officer or agent of a
  535  corporation engaged in the business of selling cannabis to
  536  purchasers located in this state who signs a fraudulent return
  537  filed on behalf of the corporation; or any accountant or other
  538  agent who knowingly enters false information on the return of
  539  any taxpayer under this section commits a felony of the third
  540  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  541  775.084.
  542         (b) When the amount due is $300 or more, any retailer of
  543  cannabis who files or causes to be filed a fraudulent return;
  544  any officer or agent of a corporation engaged in the business of
  545  selling cannabis to purchasers located in this state who files
  546  or causes to be filed or signs or causes to be signed a
  547  fraudulent return filed on behalf of the corporation; or any
  548  accountant or other agent who knowingly enters false information
  549  on the return of any taxpayer under this section commits a
  550  felony of the second degree, punishable as provided in s.
  551  775.082, s. 775.083, or s. 775.084.
  552         (c) Any person who violates any provision of subsection
  553  (5), fails to keep books and records as required under this
  554  section, or willfully violates a rule of the department for the
  555  administration and enforcement of this section commits a felony
  556  of the third degree, punishable as provided in s. 775.082, s.
  557  775.083, or s. 775.084. A person commits a separate offense on
  558  each day that he or she engages in business in violation of
  559  subsection (5) or a rule of the department for the
  560  administration and enforcement of this section. If a person
  561  fails to produce the books and records for inspection by the
  562  department upon request, a prima facie presumption shall arise
  563  that the person has failed to keep books and records as required
  564  under this section. A person who is unable to rebut this
  565  presumption is in violation of this section and is subject to
  566  the penalties provided in this section.
  567         (d) Any person who violates any provision of subsection
  568  (5), fails to keep books and records as required under this
  569  section, or willfully violates a rule of the department for the
  570  administration and enforcement of this section commits a civil
  571  violation and may be fined up to $5,000. If a person fails to
  572  produce books and records for inspection by the department upon
  573  request, a prima facie presumption shall arise that the person
  574  has failed to keep books and records as required under this
  575  section. A person who is unable to rebut this presumption is in
  576  violation of this section and is subject to the penalties
  577  provided in this section. A person commits a separate offense on
  578  each day that he or she engages in business in violation of
  579  subsection (5).
  580         (e) Any person who fails to keep books and records or fails
  581  to produce books and records for inspection, as required by
  582  subsection (9), is liable to pay to the department a penalty of
  583  $1,000 for the first failure to keep books and records or
  584  failure to produce books and records for inspection, as required
  585  by subsection (9), and $3,000 for each subsequent failure to
  586  keep books and records or failure to produce books and records
  587  for inspection, as required by subsection (9).
  588         (f) A person who knowingly acts as a retailer of cannabis
  589  in this state without first having obtained a certificate of
  590  registration to do so in compliance with subsection (5) commits
  591  a felony of the third degree, punishable as provided in s.
  592  775.082, s. 775.083, or s. 775.084.
  593         (g)1. A person commits the offense of tax evasion under
  594  this section when he or she knowingly attempts in any manner to
  595  evade or defeat the tax imposed on him or her or on any other
  596  person, or the payment thereof, and he or she commits an
  597  affirmative act in furtherance of the evasion. As used in this
  598  paragraph, “affirmative act in furtherance of the evasion” means
  599  an act designed in whole or in part to conceal, misrepresent,
  600  falsify, or manipulate any material fact or tamper with or
  601  destroy documents or materials related to a person’s tax
  602  liability under this section. Two or more acts of sales tax
  603  evasion may be charged as a single count in any indictment,
  604  information, or complaint. The amount of tax deficiency may be
  605  aggregated for purposes of determining the amount of tax that is
  606  attempted to be or is evaded, and the period between the first
  607  and last acts may be alleged as the date of the offense.
  608         a. When the amount of tax, the assessment or payment of
  609  which is attempted to be or is evaded, is less than $500, a
  610  person commits a felony of the third degree, punishable as
  611  provided in s. 775.082, s. 775.083, or s. 775.084.
  612         b. When the amount of tax, the assessment or payment of
  613  which is attempted to be or is evaded, is $500 or more but less
  614  than $10,000, a person commits a felony of the second degree,
  615  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  616         c. When the amount of tax, the assessment or payment of
  617  which is attempted to be or is evaded, is $10,000 or more but
  618  less than $100,000, a person commits a felony of the second
  619  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  620  775.084.
  621         d. When the amount of tax, the assessment or payment of
  622  which is attempted to be or is evaded, is $100,000 or more, a
  623  person commits a felony of the first degree, punishable as
  624  provided in s. 775.082, s. 775.083, or s. 775.084.
  625         2.a. A person who knowingly sells, purchases, installs,
  626  transfers, possesses, uses, or accesses any automated sales
  627  suppression device, zapper, or phantom-ware in this state
  628  commits a felony of the second degree, punishable as provided in
  629  s. 775.082, s. 775.083, or s. 775.084.
  630         b. As used in this subparagraph, the term:
  631         (I) “Automated sales suppression device” or “zapper” means
  632  a software program that falsifies the electronic records of an
  633  electronic cash register or other point-of-sale system,
  634  including, but not limited to, transaction data and transaction
  635  reports. The term includes the software program, any device that
  636  carries the software program, or an Internet link to the
  637  software program.
  638         (II) “Electronic cash register” means a device that keeps a
  639  register or supporting documents through the use of an
  640  electronic device or computer system designed to record
  641  transaction data for the purpose of computing, compiling, or
  642  processing retail sales transaction data in any manner.
  643         (III) “Phantom-ware” means a hidden programming option
  644  embedded in the operating system of an electronic cash register
  645  or hardwired into an electronic cash register which can be used
  646  to create a second set of records or which can eliminate or
  647  manipulate transaction records in an electronic cash register.
  648         (IV) “Transaction data” includes items purchased by a
  649  purchaser; the price of each item; a taxability determination
  650  for each item; a segregated tax amount for each taxed item; the
  651  amount of cash or credit tendered; the net amount returned to
  652  the customer in change; the date and time of the purchase; the
  653  name, address, and identification number of the vendor; and the
  654  receipt or invoice number of the transaction.
  655         (V) “Transaction report” means a report that documents,
  656  without limitation, the sales, taxes, or fees collected and the
  657  media and discount voids at an electronic cash register and that
  658  is printed on a cash register tape at the end of a day or shift,
  659  or a report that documents every action at an electronic cash
  660  register and is stored electronically.
  661         c. A prosecution for any act in violation of this
  662  subparagraph may be commenced at any time within 5 years of the
  663  commission of that act.
  664         (h)The department may adopt rules to administer the
  665  penalties under this section.
  666         (i) A person whose principal place of business is in this
  667  state and who is charged with a violation under this section
  668  shall be tried in the county where his or her principal place of
  669  business is located unless he or she asserts a right to be tried
  670  in another venue.
  671         (j) Except as otherwise provided in paragraph (h), a
  672  prosecution for a violation described in this subsection may be
  673  commenced within 3 years after the commission of the act
  674  constituting the violation.
  675         (11) ADMINISTRATION AND ENFORCEMENT.—The department shall
  676  have full power to administer and enforce this section, to
  677  collect all taxes and penalties due hereunder, to dispose of
  678  taxes and penalties so collected in the manner hereinafter
  679  provided, and to determine all rights to credit memoranda
  680  arising on account of the erroneous payment of tax or penalty
  681  hereunder. In the administration of and compliance with this
  682  section, the department and persons who are subject to this
  683  section shall have the same rights, remedies, privileges,
  684  immunities, powers, and duties; be subject to the same
  685  conditions, restrictions, limitations, penalties, and
  686  definitions of terms; and employ the same modes of procedure as
  687  are prescribed in chapter 212 which are not inconsistent with
  688  this section, as fully as if those provisions were set forth
  689  herein.
  690         (12) RULEMAKING.—The department may adopt rules and
  691  prescribe forms relating to the administration and enforcement
  692  of this section.
  693         Section 7. Except as otherwise expressly provided in this
  694  act, this act shall take effect on the same date that SB ____ or
  695  similar legislation takes effect, if such legislation is adopted
  696  in the same legislative session or an extension thereof and
  697  becomes a law.