The purpose of the proposed repeal of Rule 12B-7.0225, F.A.C. (Computation of Phosphate Rock Tax Rate), is to remove the unnecessary adoption of the phosphate rock producer price index to be used by the Department for purposes of calculating the ...

 

DEPARTMENT OF REVENUE
Miscellaneous Tax

RULE NO: RULE TITLE
12B-7.0225: Computation of Phosphate Rock Tax Rate
PURPOSE AND EFFECT: The purpose of the proposed repeal of Rule 12B-7.0225, F.A.C. (Computation of Phosphate Rock Tax Rate), is to remove the unnecessary adoption of the phosphate rock producer price index to be used by the Department for purposes of calculating the annual adjustment to the producer price index for phosphate rock.
The Department is required to calculate the annual base rate adjustment to the phosphate rock tax rate and provide notification to the affected producers each year. Prior to July 1, 2007, Section 211.3103, F.S., required an annual adjustment to the base price by the change in the producer price index for phosphate rock primary products. When that index was no longer available, the Department was required to select a comparable index and to adopt that index by rule. The Department adopted in this rule the U.S. Bureau of Labor Statistics Producer Price Index North American Industry Classification System National Code 212392, Phosphate Rock Mining, as the price index to be used in the calculation of the annual base rate adjustment beginning with the year 2007 and thereafter. The Department also adopted the change in methodology for calculating the annual base rate adjustment for the phosphate rock tax rate for the year 2006.
Effective July 1, 2007, Section 18, Chapter 2007-106, L.O.F., changed the producer price index to be used for this purpose to the producer price index for phosphate rock, the index currently used by the Department and adopted in this rule. The Department is only required to select a comparable index and adopt that index by rule in the event that the producer price index is discontinued. Because the Department is using the index required by the statute and that index remains available and the provisions regarding the methodology to compute the tax rate for the year 2006 are now obsolete, this rule is no longer necessary. The effect of this rule repeal will be to remove this rule from the administrative code.
SUMMARY: The proposed repeal of Rule 12B-7.0225, F.A.C., removes the adoption of the producer price index for phosphate rock used by the Department to calculate the annual base rate adjustment to the phosphate rock tax rate that is no longer necessary under the provisions of Section 211.3103(9), F.S., as amended by Section 18, Chapter 2007-106, L.O.F.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 211.3103(9)(e), 213.06(1) FS.
LAW IMPLEMENTED: 211.3103 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 15, 2007, 10:00 a.m.
PLACE: Room 118, Carlton Building, 501 South Calhoun Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Larry Green at [phone] If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Parramore, Revenue Program Administrator I, Technical Assistance and Dispute Resolution, P.O. Box 7443, Tallahassee, Florida 32314-7443, telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

12B-7.0225 Computation of Phosphate Rock Tax Rate.

 

Specific Authority 211.3103(9)(e), 213.06(1) FS. Law Implemented 211.3103 FS. History–New 6-28-00, Amended 10-30-06, Repealed ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Joe Parramore, Revenue Program Administrator I, Technical Assistance and Dispute Resolution, P.O. Box 7443, Tallahassee, Florida 32314-7443; telephone [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Buzz McKown, Revenue Program Administrator II, Technical Assistance and Dispute Resolution, P.O. Box 7443, Tallahassee, Florida 32314-7443; telephone number [phone]
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 10, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: Pursuant to Section 120.54(2)(a), F.S., a rule development notice was not published in the Florida Administrative Weekly to propose the repeal of Rule 12B-7.0225, F.A.C., Computation of Phosphate Rock Tax Rate