(1) The Department of Revenue shall have the authority to audit and examine the accounts, books, or records of all persons who are subject to a revenue law made applicable to this chapter, or otherwise placed under the control and administration of the department, for the purpose of ascertaining the correctness of any return which has been filed or payment which has been made, or for the purpose of making a return where none has been made.
(2) The department, or its duly authorized agents, may inspect such books and records necessary to ascertain a taxpayer’s compliance with the revenue laws of this state, provided that the department’s power to make an assessment or grant a refund has not terminated under s. 95.091(3).
(3) The department may correct by credit or refund any overpayment of tax, penalty, or interest revealed by an audit and shall make assessment of any deficiency in tax, penalty, or interest determined to be due.
(4) Notwithstanding the provisions of s. 215.26, the department shall offset the overpayment of any tax during an audit period against a deficiency of any tax, penalty, or interest determined to be due during the same audit period.
History.—s. 24, ch. 89-356; s. 39, ch. 91-112; s. 5, ch. 92-315.
Structure Florida Statutes
Title XIV - Taxation and Finance
Chapter 213 - State Revenue Laws: General Provisions
213.018 - Taxpayer Problem Resolution Program; Taxpayer Assistance Orders.
213.025 - Audits, Inspections, and Interviews.
213.05 - Department of Revenue; Control and Administration of Revenue Laws.
213.051 - Service of Subpoenas.
213.053 - Confidentiality and Information Sharing.
213.0532 - Information-Sharing Agreements With Financial Institutions.
213.0535 - Registration Information Sharing and Exchange Program.
213.0537 - Electronic Notification With Affirmative Consent.
213.055 - Declared Emergency; Waiver or Suspension of Specified Revenue Laws and Other Requirements.
213.06 - Rules of Department; Circumstances Requiring Emergency Rules.
213.071 - Certification Under Seal of Certain Records by Executive Director.
213.10 - Deposit of Tax Moneys Collected.
213.13 - Electronic Remittance and Distribution of Funds Collected by Clerks of the Court.
213.131 - Clerks of the Court Trust Fund Within the Department of Revenue.
213.21 - Informal Conferences; Compromises.
213.22 - Technical Assistance Advisements.
213.2201 - Publications by the Department.
213.23 - Consent Agreements Extending the Period Subject to Assessment or Available for Refund.
213.235 - Determination of Interest on Deficiencies.
213.24 - Accrual of Penalties and Interest on Deficiencies; Deficiency Billing Costs.
213.25 - Refunds; Credits; Right of Setoff.
213.256 - Simplified Sales and Use Tax Administration Act.
213.26 - Contracts With County Tax Collectors.
213.27 - Contracts With Debt Collection Agencies and Certain Vendors.
213.28 - Contracts With Private Auditors.
213.29 - Failure to Collect and Pay Over Tax or Attempt to Evade or Defeat Tax.
213.295 - Automated Sales Suppression Devices.
213.30 - Compensation for Information Relating to a Violation of the Tax Laws.
213.345 - Tolling of Periods During an Audit.
213.37 - Authority to Require Sworn Statements.
213.69 - Authority to Issue Warrants.
213.692 - Integrated Enforcement Authority.
213.70 - Taxpayers’ Escrow Requirement.
213.73 - Manner and Conditions of Sale of Property Subject of a Levy by the Department of Revenue.
213.731 - Collection Action; Notice; Taxpayer’s Protest and Review Rights.
213.732 - Jeopardy Findings and Assessments.
213.733 - Satisfaction of Warrant.
213.74 - Certificate of Sale; Deed of Real Property; Legal Effect.
213.75 - Application of Payments.
213.755 - Filing of Returns and Payment of Taxes by Electronic Means.
213.756 - Funds Collected Are State Tax Funds.
213.757 - Willful Failure to Pay Over Funds or Destruction of Records by Agent.