Florida Senate - 2013                                     SB 656
       
       
       
       By Senator Hukill
       
       
       
       
       8-00562-13                                             2013656__
    1                        A bill to be entitled                      
    2         An act relating to the tax on sales, use, and other
    3         transactions; amending s. 212.031, F.S.; providing for
    4         the incremental reduction of the tax imposed on the
    5         rental or license fees charged for the use of
    6         commercial real property; providing for the future
    7         repeal of s. 212.031, F.S., relating to the imposition
    8         of a tax on the rental or license fees charged for the
    9         use of commercial real property; amending ss.
   10         212.0598, 212.0602, 288.1258, 338.234, and 341.840,
   11         F.S.; conforming provisions to changes made by the
   12         act; conforming cross-references; providing effective
   13         dates.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 212.031, Florida Statutes, is amended to
   18  read:
   19         212.031 Tax on rental or license fee for use of real
   20  property.—
   21         (1)(a) It is declared to be the legislative intent that
   22  every person is exercising a taxable privilege who engages in
   23  the business of renting, leasing, letting, or granting a license
   24  for the use of any real property unless such property is:
   25         1. Assessed as agricultural property under s. 193.461.
   26         2. Used exclusively as dwelling units.
   27         3. Property subject to tax on parking, docking, or storage
   28  spaces under s. 212.03(6).
   29         4. Recreational property or the common elements of a
   30  condominium when subject to a lease between the developer or
   31  owner thereof and the condominium association in its own right
   32  or as agent for the owners of individual condominium units or
   33  the owners of individual condominium units. However, only the
   34  lease payments on such property shall be exempt from the tax
   35  imposed by this chapter, and any other use made by the owner or
   36  the condominium association shall be fully taxable under this
   37  chapter.
   38         5. A public or private street or right-of-way and poles,
   39  conduits, fixtures, and similar improvements located on such
   40  streets or rights-of-way, occupied or used by a utility or
   41  provider of communications services, as defined by s. 202.11,
   42  for utility or communications or television purposes. For
   43  purposes of this subparagraph, the term “utility” means any
   44  person providing utility services as defined in s. 203.012. This
   45  exception also applies to property, wherever located, on which
   46  the following are placed: towers, antennas, cables, accessory
   47  structures, or equipment, not including switching equipment,
   48  used in the provision of mobile communications services as
   49  defined in s. 202.11. For purposes of this chapter, towers used
   50  in the provision of mobile communications services, as defined
   51  in s. 202.11, are considered to be fixtures.
   52         6. A public street or road which is used for transportation
   53  purposes.
   54         7. Property used at an airport exclusively for the purpose
   55  of aircraft landing or aircraft taxiing or property used by an
   56  airline for the purpose of loading or unloading passengers or
   57  property onto or from aircraft or for fueling aircraft.
   58         8.a. Property used at a port authority, as defined in s.
   59  315.02(2), exclusively for the purpose of oceangoing vessels or
   60  tugs docking, or such vessels mooring on property used by a port
   61  authority for the purpose of loading or unloading passengers or
   62  cargo onto or from such a vessel, or property used at a port
   63  authority for fueling such vessels, or to the extent that the
   64  amount paid for the use of any property at the port is based on
   65  the charge for the amount of tonnage actually imported or
   66  exported through the port by a tenant.
   67         b. The amount charged for the use of any property at the
   68  port in excess of the amount charged for tonnage actually
   69  imported or exported shall remain subject to tax except as
   70  provided in sub-subparagraph a.
   71         9. Property used as an integral part of the performance of
   72  qualified production services. As used in this subparagraph, the
   73  term “qualified production services” means any activity or
   74  service performed directly in connection with the production of
   75  a qualified motion picture, as defined in s. 212.06(1)(b), and
   76  includes:
   77         a. Photography, sound and recording, casting, location
   78  managing and scouting, shooting, creation of special and optical
   79  effects, animation, adaptation (language, media, electronic, or
   80  otherwise), technological modifications, computer graphics, set
   81  and stage support (such as electricians, lighting designers and
   82  operators, greensmen, prop managers and assistants, and grips),
   83  wardrobe (design, preparation, and management), hair and makeup
   84  (design, production, and application), performing (such as
   85  acting, dancing, and playing), designing and executing stunts,
   86  coaching, consulting, writing, scoring, composing,
   87  choreographing, script supervising, directing, producing,
   88  transmitting dailies, dubbing, mixing, editing, cutting,
   89  looping, printing, processing, duplicating, storing, and
   90  distributing;
   91         b. The design, planning, engineering, construction,
   92  alteration, repair, and maintenance of real or personal property
   93  including stages, sets, props, models, paintings, and facilities
   94  principally required for the performance of those services
   95  listed in sub-subparagraph a.; and
   96         c. Property management services directly related to
   97  property used in connection with the services described in sub
   98  subparagraphs a. and b.
   99  
  100  This exemption will inure to the taxpayer upon presentation of
  101  the certificate of exemption issued to the taxpayer under the
  102  provisions of s. 288.1258.
  103         10. Leased, subleased, licensed, or rented to a person
  104  providing food and drink concessionaire services within the
  105  premises of a convention hall, exhibition hall, auditorium,
  106  stadium, theater, arena, civic center, performing arts center,
  107  publicly owned recreational facility, or any business operated
  108  under a permit issued pursuant to chapter 550. A person
  109  providing retail concessionaire services involving the sale of
  110  food and drink or other tangible personal property within the
  111  premises of an airport shall be subject to tax on the rental of
  112  real property used for that purpose, but shall not be subject to
  113  the tax on any license to use the property. For purposes of this
  114  subparagraph, the term “sale” shall not include the leasing of
  115  tangible personal property.
  116         11. Property occupied pursuant to an instrument calling for
  117  payments which the department has declared, in a Technical
  118  Assistance Advisement issued on or before March 15, 1993, to be
  119  nontaxable pursuant to rule 12A-1.070(19)(c), Florida
  120  Administrative Code; provided that this subparagraph shall only
  121  apply to property occupied by the same person before and after
  122  the execution of the subject instrument and only to those
  123  payments made pursuant to such instrument, exclusive of renewals
  124  and extensions thereof occurring after March 15, 1993.
  125         12. Property used or occupied predominantly for space
  126  flight business purposes. As used in this subparagraph, “space
  127  flight business” means the manufacturing, processing, or
  128  assembly of a space facility, space propulsion system, space
  129  vehicle, satellite, or station of any kind possessing the
  130  capacity for space flight, as defined by s. 212.02(23), or
  131  components thereof, and also means the following activities
  132  supporting space flight: vehicle launch activities, flight
  133  operations, ground control or ground support, and all
  134  administrative activities directly related thereto. Property
  135  shall be deemed to be used or occupied predominantly for space
  136  flight business purposes if more than 50 percent of the
  137  property, or improvements thereon, is used for one or more space
  138  flight business purposes. Possession by a landlord, lessor, or
  139  licensor of a signed written statement from the tenant, lessee,
  140  or licensee claiming the exemption shall relieve the landlord,
  141  lessor, or licensor from the responsibility of collecting the
  142  tax, and the department shall look solely to the tenant, lessee,
  143  or licensee for recovery of such tax if it determines that the
  144  exemption was not applicable.
  145         13. Rented, leased, subleased, or licensed to a person
  146  providing telecommunications, data systems management, or
  147  Internet services at a publicly or privately owned convention
  148  hall, civic center, or meeting space at a public lodging
  149  establishment as defined in s. 509.013. This subparagraph
  150  applies only to that portion of the rental, lease, or license
  151  payment that is based upon a percentage of sales, revenue
  152  sharing, or royalty payments and not based upon a fixed price.
  153  This subparagraph is intended to be clarifying and remedial in
  154  nature and shall apply retroactively. This subparagraph does not
  155  provide a basis for an assessment of any tax not paid, or create
  156  a right to a refund of any tax paid, pursuant to this section
  157  before July 1, 2010.
  158         (b) When a lease involves multiple use of real property
  159  wherein a part of the real property is subject to the tax
  160  herein, and a part of the property would be excluded from the
  161  tax under subparagraph (a)1., subparagraph (a)2., subparagraph
  162  (a)3., or subparagraph (a)5., the department shall determine,
  163  from the lease or license and such other information as may be
  164  available, that portion of the total rental charge which is
  165  exempt from the tax imposed by this section. The portion of the
  166  premises leased or rented by a for-profit entity providing a
  167  residential facility for the aged will be exempt on the basis of
  168  a pro rata portion calculated by combining the square footage of
  169  the areas used for residential units by the aged and for the
  170  care of such residents and dividing the resultant sum by the
  171  total square footage of the rented premises. For purposes of
  172  this section, the term “residential facility for the aged” means
  173  a facility that is licensed or certified in whole or in part
  174  under chapter 400, chapter 429, or chapter 651; or that provides
  175  residences to the elderly and is financed by a mortgage or loan
  176  made or insured by the United States Department of Housing and
  177  Urban Development under s. 202, s. 202 with a s. 8 subsidy, s.
  178  221(d)(3) or (4), s. 232, or s. 236 of the National Housing Act;
  179  or other such similar facility that provides residences
  180  primarily for the elderly.
  181         (c) For the exercise of such privilege, a tax is levied in
  182  an amount equal to 6 percent of and on the total rent or license
  183  fee charged for such real property by the person charging or
  184  collecting the rental or license fee. The total rent or license
  185  fee charged for such real property shall include payments for
  186  the granting of a privilege to use or occupy real property for
  187  any purpose and shall include base rent, percentage rents, or
  188  similar charges. Such charges shall be included in the total
  189  rent or license fee subject to tax under this section whether or
  190  not they can be attributed to the ability of the lessor’s or
  191  licensor’s property as used or operated to attract customers.
  192  Payments for intrinsically valuable personal property such as
  193  franchises, trademarks, service marks, logos, or patents are not
  194  subject to tax under this section. In the case of a contractual
  195  arrangement that provides for both payments taxable as total
  196  rent or license fee and payments not subject to tax, the tax
  197  shall be based on a reasonable allocation of such payments and
  198  shall not apply to that portion which is for the nontaxable
  199  payments.
  200         1. Effective January 1, 2014, the tax imposed under this
  201  paragraph is levied in an amount equal to 5 percent.
  202         2. Effective January 1, 2015, the tax imposed under this
  203  paragraph is levied in an amount equal to 4 percent.
  204         3. Effective January 1, 2016, the tax imposed under this
  205  paragraph is levied in an amount equal to 3 percent.
  206         4. Effective January 1, 2017, the tax imposed under this
  207  paragraph is levied in an amount equal to 2 percent.
  208         5. Effective January 1, 2018, the tax imposed under this
  209  paragraph is levied in an amount equal to 1 percent.
  210         (d) When the rental or license fee of any such real
  211  property is paid by way of property, goods, wares, merchandise,
  212  services, or other thing of value, the tax shall be at the rate
  213  of 6 percent of the value of the property, goods, wares,
  214  merchandise, services, or other thing of value.
  215         1. Effective January 1, 2014, the tax imposed under this
  216  paragraph shall be at the rate of 5 percent.
  217         2. Effective January 1, 2015, the tax imposed under this
  218  paragraph shall be at the rate of 4 percent.
  219         3. Effective January 1, 2016, the tax imposed under this
  220  paragraph shall be at the rate of 3 percent.
  221         4. Effective January 1, 2017, the tax imposed under this
  222  paragraph shall be at the rate of 2 percent.
  223         5. Effective January 1, 2018, the tax imposed under this
  224  paragraph shall be at the rate of 1 percent.
  225         (2)(a) The tenant or person actually occupying, using, or
  226  entitled to the use of any property from which the rental or
  227  license fee is subject to taxation under this section shall pay
  228  the tax to his or her immediate landlord or other person
  229  granting the right to such tenant or person to occupy or use
  230  such real property.
  231         (b) It is the further intent of this Legislature that only
  232  one tax be collected on the rental or license fee payable for
  233  the occupancy or use of any such property, that the tax so
  234  collected shall not be pyramided by a progression of
  235  transactions, and that the amount of the tax due the state shall
  236  not be decreased by any such progression of transactions.
  237         (3) The tax imposed by this section shall be in addition to
  238  the total amount of the rental or license fee, shall be charged
  239  by the lessor or person receiving the rent or payment in and by
  240  a rental or license fee arrangement with the lessee or person
  241  paying the rental or license fee, and shall be due and payable
  242  at the time of the receipt of such rental or license fee payment
  243  by the lessor or other person who receives the rental or
  244  payment. Notwithstanding any other provision of this chapter,
  245  the tax imposed by this section on the rental, lease, or license
  246  for the use of a convention hall, exhibition hall, auditorium,
  247  stadium, theater, arena, civic center, performing arts center,
  248  or publicly owned recreational facility to hold an event of not
  249  more than 7 consecutive days’ duration shall be collected at the
  250  time of the payment for that rental, lease, or license but is
  251  not due and payable to the department until the first day of the
  252  month following the last day that the event for which the
  253  payment is made is actually held, and becomes delinquent on the
  254  21st day of that month. The owner, lessor, or person receiving
  255  the rent or license fee shall remit the tax to the department at
  256  the times and in the manner hereinafter provided for dealers to
  257  remit taxes under this chapter. The same duties imposed by this
  258  chapter upon dealers in tangible personal property respecting
  259  the collection and remission of the tax; the making of returns;
  260  the keeping of books, records, and accounts; and the compliance
  261  with the rules and regulations of the department in the
  262  administration of this chapter shall apply to and be binding
  263  upon all persons who manage any leases or operate real property,
  264  hotels, apartment houses, roominghouses, or tourist and trailer
  265  camps and all persons who collect or receive rents or license
  266  fees taxable under this chapter on behalf of owners or lessors.
  267         (4) The tax imposed by this section shall constitute a lien
  268  on the property of the lessee or licensee of any real estate in
  269  the same manner as, and shall be collectible as are, liens
  270  authorized and imposed by ss. 713.68 and 713.69.
  271         (5) When space is subleased to a convention or industry
  272  trade show in a convention hall, exhibition hall, or auditorium,
  273  whether publicly or privately owned, the sponsor who holds the
  274  prime lease is subject to tax on the prime lease and the
  275  sublease is exempt.
  276         (6) The lease or rental of land or a hall or other
  277  facilities by a fair association subject to the provisions of
  278  chapter 616 to a show promoter or prime operator of a carnival
  279  or midway attraction is exempt from the tax imposed by this
  280  section; however, the sublease of land or a hall or other
  281  facilities by the show promoter or prime operator is not exempt
  282  from the provisions of this section.
  283         (7) Utility charges subject to sales tax which are paid by
  284  a tenant to the lessor and which are part of a payment for the
  285  privilege or right to use or occupy real property are exempt
  286  from tax if the lessor has paid sales tax on the purchase of
  287  such utilities and the charges billed by the lessor to the
  288  tenant are separately stated and at the same or a lower price
  289  than those paid by the lessor.
  290         (8) Charges by lessors to a lessee to cancel or terminate a
  291  lease agreement are presumed taxable if the lessor records such
  292  charges as rental income in its books and records. This
  293  presumption can be overcome by the provision of sufficient
  294  documentation by either the lessor or the lessee that such
  295  charges were other than for the rental of real property.
  296         (9) The rental, lease, sublease, or license for the use of
  297  a skybox, luxury box, or other box seats for use during a high
  298  school or college football game is exempt from the tax imposed
  299  by this section when the charge for such rental, lease,
  300  sublease, or license is imposed by a nonprofit sponsoring
  301  organization which is qualified as nonprofit pursuant to s.
  302  501(c)(3) of the Internal Revenue Code.
  303         Section 2. Effective January 1, 2019, section 212.031,
  304  Florida Statutes, is repealed.
  305         Section 3. Effective January 1, 2019, subsection (2) of
  306  section 212.0598, Florida Statutes, is amended to read:
  307         212.0598 Special provisions; air carriers.—
  308         (2) The basis of the tax shall be the ratio of Florida
  309  mileage to total mileage as determined pursuant to chapter 220
  310  and this section. The ratio shall be determined at the close of
  311  the carrier’s preceding fiscal year. However, during the fiscal
  312  year in which the air carrier begins initial operations in this
  313  state, the carrier may determine its mileage apportionment
  314  factor based on an estimated ratio of anticipated revenue miles
  315  in this state to anticipated total revenue miles. In such cases,
  316  the air carrier shall pay additional tax or apply for a refund
  317  based on the actual ratio for that year. The applicable ratio
  318  shall be applied each month to the carrier’s total systemwide
  319  gross purchases of tangible personal property and services
  320  otherwise taxable in Florida. Additionally, the ratio shall be
  321  applied each month to the carrier’s total systemwide payments
  322  for the lease or rental of, or license in, real property used by
  323  the carrier substantially for aircraft maintenance if that
  324  carrier employed, on average, during the previous calendar
  325  quarter in excess of 3,000 full-time equivalent maintenance or
  326  repair employees at one maintenance base that it leases, rents,
  327  or has a license in, in this state. In all other instances, the
  328  tax on real property leased, rented, or licensed by the carrier
  329  shall be as provided in s. 212.031.
  330         Section 4. Effective January 1, 2019, section 212.0602,
  331  Florida Statutes, is amended to read:
  332         212.0602 Education; limited exemption.—To facilitate
  333  investment in education and job training, there is also exempt
  334  from the taxes levied under this chapter, subject to the
  335  provisions of this section, the purchase or lease of materials,
  336  equipment, and other items or the license in or lease of real
  337  property by any entity, institution, or organization that is
  338  primarily engaged in teaching students to perform any of the
  339  activities or services described in former s. 212.031(1)(a)9.,
  340  that conducts classes at a fixed location located in this state,
  341  that is licensed under chapter 1005, and that has at least 500
  342  enrolled students. Any entity, institution, or organization
  343  meeting the requirements of this section shall be deemed to
  344  qualify for the exemptions in former s. ss. 212.031(1)(a)9. and
  345  s. 212.08(5)(f) and (12), and to qualify for an exemption for
  346  its purchase or lease of materials, equipment, and other items
  347  used for education or demonstration of the school’s curriculum,
  348  including supporting operations. Nothing in this section shall
  349  preclude an entity described in this section from qualifying for
  350  any other exemption provided for in this chapter.
  351         Section 5. Effective January 1, 2019, subsections (2) and
  352  (3) of section 288.1258, Florida Statutes, are amended to read:
  353         288.1258 Entertainment industry qualified production
  354  companies; application procedure; categories; duties of the
  355  Department of Revenue; records and reports.—
  356         (2) APPLICATION PROCEDURE.—
  357         (a) The Department of Revenue will review all submitted
  358  applications for the required information. Within 10 working
  359  days after the receipt of a properly completed application, the
  360  Department of Revenue will forward the completed application to
  361  the Office of Film and Entertainment for approval.
  362         (b)1. The Office of Film and Entertainment shall establish
  363  a process by which an entertainment industry production company
  364  may be approved by the office as a qualified production company
  365  and may receive a certificate of exemption from the Department
  366  of Revenue for the sales and use tax exemptions under ss.
  367  212.031, 212.06, and 212.08.
  368         2. Upon determination by the Office of Film and
  369  Entertainment that a production company meets the established
  370  approval criteria and qualifies for exemption, the Office of
  371  Film and Entertainment shall return the approved application or
  372  application renewal or extension to the Department of Revenue,
  373  which shall issue a certificate of exemption.
  374         3. The Office of Film and Entertainment shall deny an
  375  application or application for renewal or extension from a
  376  production company if it determines that the production company
  377  does not meet the established approval criteria.
  378         (c) The Office of Film and Entertainment shall develop,
  379  with the cooperation of the Department of Revenue and local
  380  government entertainment industry promotion agencies, a
  381  standardized application form for use in approving qualified
  382  production companies.
  383         1. The application form shall include, but not be limited
  384  to, production-related information on employment, proposed
  385  budgets, planned purchases of items exempted from sales and use
  386  taxes under ss. 212.031, 212.06, and 212.08, a signed
  387  affirmation from the applicant that any items purchased for
  388  which the applicant is seeking a tax exemption are intended for
  389  use exclusively as an integral part of entertainment industry
  390  preproduction, production, or postproduction activities engaged
  391  in primarily in this state, and a signed affirmation from the
  392  Office of Film and Entertainment that the information on the
  393  application form has been verified and is correct. In lieu of
  394  information on projected employment, proposed budgets, or
  395  planned purchases of exempted items, a production company
  396  seeking a 1-year certificate of exemption may submit summary
  397  historical data on employment, production budgets, and purchases
  398  of exempted items related to production activities in this
  399  state. Any information gathered from production companies for
  400  the purposes of this section shall be considered confidential
  401  taxpayer information and shall be disclosed only as provided in
  402  s. 213.053.
  403         2. The application form may be distributed to applicants by
  404  the Office of Film and Entertainment or local film commissions.
  405         (d) All applications, renewals, and extensions for
  406  designation as a qualified production company shall be processed
  407  by the Office of Film and Entertainment.
  408         (e) In the event that the Department of Revenue determines
  409  that a production company no longer qualifies for a certificate
  410  of exemption, or has used a certificate of exemption for
  411  purposes other than those authorized by this section and chapter
  412  212, the Department of Revenue shall revoke the certificate of
  413  exemption of that production company, and any sales or use taxes
  414  exempted on items purchased or leased by the production company
  415  during the time such company did not qualify for a certificate
  416  of exemption or improperly used a certificate of exemption shall
  417  become immediately due to the Department of Revenue, along with
  418  interest and penalty as provided by s. 212.12. In addition to
  419  the other penalties imposed by law, any person who knowingly and
  420  willfully falsifies an application, or uses a certificate of
  421  exemption for purposes other than those authorized by this
  422  section and chapter 212, commits a felony of the third degree,
  423  punishable as provided in ss. 775.082, 775.083, and 775.084.
  424         (3) CATEGORIES.—
  425         (a)1. A production company may be qualified for designation
  426  as a qualified production company for a period of 1 year if the
  427  company has operated a business in Florida at a permanent
  428  address for a period of 12 consecutive months. Such a qualified
  429  production company shall receive a single 1-year certificate of
  430  exemption from the Department of Revenue for the sales and use
  431  tax exemptions under ss. 212.031, 212.06, and 212.08, which
  432  certificate shall expire 1 year after issuance or upon the
  433  cessation of business operations in the state, at which time the
  434  certificate shall be surrendered to the Department of Revenue.
  435         2. The Office of Film and Entertainment shall develop a
  436  method by which a qualified production company may annually
  437  renew a 1-year certificate of exemption for a period of up to 5
  438  years without requiring the production company to resubmit a new
  439  application during that 5-year period.
  440         3. Any qualified production company may submit a new
  441  application for a 1-year certificate of exemption upon the
  442  expiration of that company’s certificate of exemption.
  443         (b)1. A production company may be qualified for designation
  444  as a qualified production company for a period of 90 days. Such
  445  production company shall receive a single 90-day certificate of
  446  exemption from the Department of Revenue for the sales and use
  447  tax exemptions under ss. 212.031, 212.06, and 212.08, which
  448  certificate shall expire 90 days after issuance, with extensions
  449  contingent upon approval of the Office of Film and
  450  Entertainment. The certificate shall be surrendered to the
  451  Department of Revenue upon its expiration.
  452         2. Any production company may submit a new application for
  453  a 90-day certificate of exemption upon the expiration of that
  454  company’s certificate of exemption.
  455         Section 6. Effective January 1, 2019, section 338.234,
  456  Florida Statutes, is amended to read:
  457         338.234 Granting concessions or selling along the turnpike
  458  system; immunity from taxation.—
  459         (1) The department may enter into contracts or licenses
  460  with any person for the sale of services or products or business
  461  opportunities on the turnpike system, or the turnpike enterprise
  462  may sell services, products, or business opportunities on the
  463  turnpike system, which benefit the traveling public or provide
  464  additional revenue to the turnpike system. Services, business
  465  opportunities, and products authorized to be sold include, but
  466  are not limited to, motor fuel, vehicle towing, and vehicle
  467  maintenance services; food with attendant nonalcoholic
  468  beverages; lodging, meeting rooms, and other business services
  469  opportunities; advertising and other promotional opportunities,
  470  which advertising and promotions must be consistent with the
  471  dignity and integrity of the state; state lottery tickets sold
  472  by authorized retailers; games and amusements that operate by
  473  the application of skill, not including games of chance as
  474  defined in s. 849.16 or other illegal gambling games; Florida
  475  citrus, goods promoting the state, or handmade goods produced
  476  within the state; and travel information, tickets, reservations,
  477  or other related services. However, the department, pursuant to
  478  the grants of authority to the turnpike enterprise under this
  479  section, shall not exercise the power of eminent domain solely
  480  for the purpose of acquiring real property in order to provide
  481  business services or opportunities, such as lodging and meeting
  482  room space on the turnpike system.
  483         (2) The effectuation of the authorized purposes of the
  484  Strategic Intermodal System, created under ss. 339.61-339.65,
  485  and Florida Turnpike Enterprise, created under this chapter, is
  486  for the benefit of the people of the state, for the increase of
  487  their commerce and prosperity, and for the improvement of their
  488  health and living conditions; and, because the system and
  489  enterprise perform essential government functions in
  490  effectuating such purposes, neither the turnpike enterprise nor
  491  any nongovernment lessee or licensee renting, leasing, or
  492  licensing real property from the turnpike enterprise, pursuant
  493  to an agreement authorized by this section, are required to pay
  494  any commercial rental tax imposed under s. 212.031 on any
  495  capital improvements constructed, improved, acquired, installed,
  496  or used for such purposes.
  497         Section 7. Effective January 1, 2019, paragraph (a) of
  498  subsection (3) of section 341.840, Florida Statutes, is amended
  499  to read:
  500         341.840 Tax exemption.—
  501         (3)(a) Purchases or leases of tangible personal property or
  502  real property by the enterprise, excluding agents of the
  503  enterprise, are exempt from taxes imposed by chapter 212 as
  504  provided in s. 212.08(6). Purchases or leases of tangible
  505  personal property that is incorporated into the high-speed rail
  506  system as a component part thereof, as determined by the
  507  enterprise, by agents of the enterprise or the owner of the
  508  high-speed rail system are exempt from sales or use taxes
  509  imposed by chapter 212. Leases, rentals, or licenses to use real
  510  property granted to agents of the enterprise or the owner of the
  511  high-speed rail system are exempt from taxes imposed by s.
  512  212.031 if the real property becomes part of such system. The
  513  exemptions granted in this subsection do not apply to sales,
  514  leases, or licenses by the enterprise, agents of the authority,
  515  or the owner of the high-speed rail system.
  516         Section 8. This act shall take effect July 1, 2013.