Fla. Admin. Code R. 12-21.0015

Current through Reg. 50, No. 217; November 5, 2024

Section 12-21.0015 - Definitions

For the purposes of this chapter, the following terms and phrases are defined as:

(1) "Assets" means any personal property, credits, or debts, owned by or owed to a delinquent taxpayer, excluding wages. For the purposes of Part I of this Chapter, "assets" also includes real property.

(2) "Custodian" means any person, as defined in Section 212.02(12), F.S., the Federal Government, or any agency or instrumentality of the Federal Government, having control or possession of any assets owned by, or owed to, any delinquent taxpayer.

(3) "Delinquent taxpayer" means any taxpayer that has been notified of any tax, fee, surcharge, penalty, interest, administrative fees, or costs of collection owed to the Department, and the time period for disputing the debt has expired.

(4) "Department" means the Florida Department of Revenue.

(5) "Final resolution" means that all review rights have been exhausted or expired.

(6) "Intangible personal property" means all personal property which is not in itself intrinsically valuable, but which derives its chief value from that which it represents, such as:

(a) All stocks or shares of incorporated or unincorporated companies, business trusts, and mutual funds;

(b) All notes, bonds, and other obligations for the payment of money; or,

(c) Money, including United States legal tender, certificates of deposit, cashier's and certified checks, bills of exchange, drafts, the cash equivalent of annuities and life insurance policies, and similar instruments.

(7) "Personal property" means intangible personal property or tangible personal property.

(8) "Tangible personal property" means tangible personal property as defined in Section 212.02(19), F.S.

(9) "Wages" means all remuneration for employment paid or owed to a taxpayer (and the cash value of all remuneration paid in any medium other than cash), including salaries, hourly wages, commissions, bonuses, back pay awards, and tips or gratuities received while performing services which constitute employment.

(10) "Warrant" includes any tax warrant, notice of lien, or other warrant issued to secure payment of delinquent taxes, fees, or surcharges, together with the interest, penalties, administrative fees, and costs of collection.

Fla. Admin. Code Ann. R. 12-21.0015

Rulemaking Authority 198.08, 199.202, 202.26(3), 212.18(2), 213.06(1) FS. Law Implemented 198.01(1), (3), (10), (11), 201.16, 202.11(3), (8), 202.33, 206.01(1), (10), 206.18, 206.97, 206.9835, 206.9915, 211.01(6), (15), (25), 212.02(5), (12), (19), 213.67, 213.69, 213.73, 213.731, 213.758, 220.03(1)(f), (g), (z), 443.1316 FS.

New 3-12-14.