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Bill > H7105


FL H7105

FL H7105
Tax Administration


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2013 Regular Session

Bill Summary

Eliminates requirement for personal representative to file Florida estate tax return for decedents who die after December 31, 2012; provides for retroactive application; revises definition of term "phosphate-related expenses" to include additional uses for which county may expend phosphate tax proceeds; subjects dealer to monetary & criminal penalties for willful failure to collect certain taxes or fees after notice of duty to collect taxes or fees by DOR; deletes provisions relating to imposition of criminal penalties after notice by DOR of requirements to register as dealer or to collect taxes; makes technical & grammatical changes to provisions specifying penalties for making false or fraudulent return with intent to evade payment of tax or fee; defines term "person"; authorizes DOR to adopt rules relating to requirements for person to deposit cash, bond, or other security with department in order to ensure compliance with sales tax laws; subjects person to criminal penalties for willfully failing to register as dealer after notice by DOR; revises due date for funds collected by clerks of court to be transmitted to DOR; provides for retroactive application; revises maximum dollar amount of compromise authority that DOR may delegate to executive director.

AI Summary

This bill makes several changes to Florida tax laws, including eliminating the requirement for personal representatives to file Florida estate tax returns for decedents who died after December 31, 2012, and retroactively applying this change. It also revises the definition of "phosphate-related expenses" to include additional uses for county expenditures of phosphate tax proceeds, such as environmental education and maintenance of county-owned environmental lands that were formerly phosphate lands. The bill strengthens penalties for dealers who willfully fail to collect certain taxes or fees after being notified by the Department of Revenue (DOR), introducing monetary and criminal penalties that escalate with the amount of uncollected taxes and fees, and clarifies that these penalties apply after notice of the duty to collect. It also defines "person" more broadly for the purpose of sales tax compliance and authorizes the DOR to adopt rules requiring persons to deposit cash, bonds, or other security to ensure compliance with sales tax laws, with criminal penalties for willfully failing to register as a dealer after notice. Additionally, the bill revises the due date for funds collected by clerks of court to be transmitted to the DOR, making it the 10th of the month instead of the 20th, and retroactively applies this change. Finally, it increases the maximum dollar amount of compromise authority that the DOR may delegate to its executive director from $250,000 to $500,000.

Committee Categories

Budget and Finance

Sponsors (1)

Other Sponsors (2)

Appropriations Committee (House), Finance and Tax Subcommittee (House)

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 999 (Ch. 2013-92), CS/CS/SB 492 (Ch. 2013-172) (on 04/30/2013)

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