Florida Senate - 2015                                     SB 316
       
       
        
       By Senator Hukill
       
       
       
       
       
       8-00066-15                                             2015316__
    1                        A bill to be entitled                      
    2         An act relating to economic business incentives;
    3         amending s. 212.08, F.S.; revising the sales tax
    4         exemption for certain business purchases of industrial
    5         machinery and equipment; deleting certain limitations
    6         on the exemption; revising procedural requirements for
    7         the exemption; deleting the sales tax exemption for
    8         machinery and equipment used for certain federal
    9         procurement contracts; conforming cross-references;
   10         amending ss. 212.0602, 220.183, 288.0001, 290.0056,
   11         290.007, 624.5105, and 1011.94, F.S.; conforming
   12         cross-references; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraphs (b), (d), and (h) of subsection (5)
   17  of section 212.08, Florida Statutes, are amended, present
   18  paragraphs (e) through (q) of that subsection are redesignated
   19  as paragraphs (d) through (p), respectively, and paragraph (f)
   20  of subsection (15) of that section is amended, to read:
   21         212.08 Sales, rental, use, consumption, distribution, and
   22  storage tax; specified exemptions.—The sale at retail, the
   23  rental, the use, the consumption, the distribution, and the
   24  storage to be used or consumed in this state of the following
   25  are hereby specifically exempt from the tax imposed by this
   26  chapter.
   27         (5) EXEMPTIONS; ACCOUNT OF USE.—
   28         (b) Machinery and equipment used by manufacturers to
   29  increase productive output.—
   30         1. Industrial machinery and equipment purchased for
   31  exclusive use in this state by a new business in spaceport
   32  activities as defined by s. 212.02 or for use in new businesses
   33  that manufactures, processes, compounds, or produces
   34  manufacture, process, compound, or produce for sale items of
   35  tangible personal property for sale at fixed locations is are
   36  exempt from the tax imposed by this chapter if, at the time of
   37  the purchase, the purchaser furnishes the seller with a signed
   38  certificate stating that the items to be exempted are for
   39  exclusive use as provided in this paragraph. The certificate
   40  relieves the seller of the responsibility of collecting the tax
   41  on the sale of such items, and the department shall look solely
   42  to the purchaser for recovery of the tax if it determines that
   43  the purchaser was not entitled to the exemption upon an
   44  affirmative showing by the taxpayer to the satisfaction of the
   45  department that such items are used in a new business in this
   46  state. Such purchases must be made before the date the business
   47  first begins its productive operations, and delivery of the
   48  purchased item must be made within 12 months after that date.
   49         2. Industrial machinery and equipment purchased for
   50  exclusive use by an expanding facility which is engaged in
   51  spaceport activities as defined by s. 212.02 or for use in
   52  expanding manufacturing facilities or plant units which
   53  manufacture, process, compound, or produce for sale items of
   54  tangible personal property at fixed locations in this state are
   55  exempt from any amount of tax imposed by this chapter upon an
   56  affirmative showing by the taxpayer to the satisfaction of the
   57  department that such items are used to increase the productive
   58  output of such expanded facility or business by not less than 5
   59  percent.
   60         3.a. To receive an exemption provided by subparagraph 1. or
   61  subparagraph 2., a qualifying business entity shall apply to the
   62  department for a temporary tax exemption permit. The application
   63  shall state that a new business exemption or expanded business
   64  exemption is being sought. Upon a tentative affirmative
   65  determination by the department pursuant to subparagraph 1. or
   66  subparagraph 2., the department shall issue such permit.
   67         b. The applicant shall maintain all necessary books and
   68  records to support the exemption. Upon completion of purchases
   69  of qualified machinery and equipment pursuant to subparagraph 1.
   70  or subparagraph 2., the temporary tax permit shall be delivered
   71  to the department or returned to the department by certified or
   72  registered mail.
   73         c. If, in a subsequent audit conducted by the department,
   74  it is determined that the machinery and equipment purchased as
   75  exempt under subparagraph 1. or subparagraph 2. did not meet the
   76  criteria mandated by this paragraph or if commencement of
   77  production did not occur, the amount of taxes exempted at the
   78  time of purchase shall immediately be due and payable to the
   79  department by the business entity, together with the appropriate
   80  interest and penalty, computed from the date of purchase, in the
   81  manner prescribed by this chapter.
   82         d. If a qualifying business entity fails to apply for a
   83  temporary exemption permit or if the tentative determination by
   84  the department required to obtain a temporary exemption permit
   85  is negative, a qualifying business entity shall receive the
   86  exemption provided in subparagraph 1. or subparagraph 2. through
   87  a refund of previously paid taxes. No refund may be made for
   88  such taxes unless the criteria mandated by subparagraph 1. or
   89  subparagraph 2. have been met and commencement of production has
   90  occurred.
   91         4. The department shall adopt rules governing applications
   92  for, issuance of, and the form of temporary tax exemption
   93  permits; provisions for recapture of taxes; and the manner and
   94  form of refund applications, and may establish guidelines as to
   95  the requisites for an affirmative showing of increased
   96  productive output, commencement of production, and qualification
   97  for exemption.
   98         2.5. The exemption does exemptions provided in
   99  subparagraphs 1. and 2. do not apply to industrial machinery or
  100  equipment purchased or used by an electric utility company
  101  companies, a communications company companies, an oil or gas
  102  exploration or production operation operations, a publishing
  103  firm firms that does do not export at least 50 percent of its
  104  their finished product out of the state, a any firm subject to
  105  regulation by the Division of Hotels and Restaurants of the
  106  Department of Business and Professional Regulation, or a any
  107  firm that does not manufacture, process, compound, or produce
  108  for sale items of tangible personal property or that does not
  109  use such machinery and equipment in spaceport activities as
  110  required by this paragraph. The exemption applies exemptions
  111  provided in subparagraphs 1. and 2. shall apply to industrial
  112  machinery and equipment purchased for use in phosphate or other
  113  solid minerals severance, mining, or processing operations.
  114         3.6. For the purposes of the exemption, the term exemptions
  115  provided in subparagraphs 1. and 2., these terms have the
  116  following meanings:
  117         a. “industrial machinery and equipment” means tangible
  118  personal property or other property that has a depreciable life
  119  of 3 years or more and that is used as an integral part in the
  120  manufacturing, processing, compounding, or production of
  121  tangible personal property for sale or is exclusively used in
  122  spaceport activities. A building and its structural components
  123  are not industrial machinery and equipment unless the building
  124  or structural component is so closely related to the industrial
  125  machinery and equipment which that it houses or supports that
  126  the building or structural component can be expected to be
  127  replaced when the machinery and equipment are replaced. Heating
  128  and air-conditioning systems are not industrial machinery and
  129  equipment unless the sole justification for their installation
  130  is to meet the requirements of the production process, even
  131  though the system may provide incidental comfort to employees or
  132  serve, to an insubstantial degree, nonproduction activities. The
  133  term includes parts and accessories for industrial machinery and
  134  equipment only to the extent that the exemption thereof is
  135  consistent with the provisions of this paragraph.
  136         b. “Productive output” means the number of units actually
  137  produced by a single plant, operation, or product line in a
  138  single continuous 12-month period, irrespective of sales.
  139  Increases in productive output shall be measured by the output
  140  for 12 continuous months selected by the expanding business
  141  after completion of the installation of such machinery or
  142  equipment over the output for the 12 continuous months
  143  immediately preceding such installation. However, in no case may
  144  such time period begin later than 2 years after completion of
  145  the installation of the new machinery and equipment. The units
  146  used to measure productive output shall be physically comparable
  147  between the two periods, irrespective of sales.
  148         (d) Machinery and equipment used under federal procurement
  149  contract.
  150         1. Industrial machinery and equipment purchased by an
  151  expanding business which manufactures tangible personal property
  152  pursuant to federal procurement regulations at fixed locations
  153  in this state are exempt from the tax imposed in this chapter
  154  upon an affirmative showing by the taxpayer to the satisfaction
  155  of the department that such items are used to increase the
  156  implicit productive output of the expanded business by not less
  157  than 10 percent. The percentage of increase is measured as
  158  deflated implicit productive output for the calendar year during
  159  which the installation of the machinery or equipment is
  160  completed or during which commencement of production utilizing
  161  such items is begun divided by the implicit productive output
  162  for the preceding calendar year. In no case may the commencement
  163  of production begin later than 2 years following completion of
  164  installation of the machinery or equipment.
  165         2. The amount of the exemption allowed shall equal the
  166  taxes otherwise imposed by this chapter on qualifying industrial
  167  machinery or equipment reduced by the percentage of gross
  168  receipts from cost-reimbursement type contracts attributable to
  169  the plant or operation to total gross receipts so attributable,
  170  accrued for the year of completion or commencement.
  171         3. The exemption provided by this paragraph shall inure to
  172  the taxpayer only through refund of previously paid taxes. Such
  173  refund shall be made within 30 days of formal approval by the
  174  department of the taxpayer’s application, which application may
  175  be made on an annual basis following installation of the
  176  machinery or equipment.
  177         4. For the purposes of this paragraph, the term:
  178         a. “Cost-reimbursement type contracts” has the same meaning
  179  as in 32 C.F.R. s. 3-405.
  180         b. “Deflated implicit productive output” means the product
  181  of implicit productive output times the quotient of the national
  182  defense implicit price deflator for the preceding calendar year
  183  divided by the deflator for the year of completion or
  184  commencement.
  185         c. “Eligible costs” means the total direct and indirect
  186  costs, as defined in 32 C.F.R. ss. 15-202 and 15-203, excluding
  187  general and administrative costs, selling expenses, and profit,
  188  defined by the uniform cost-accounting standards adopted by the
  189  Cost-Accounting Standards Board created pursuant to 50 U.S.C. s.
  190  2168.
  191         d. “Implicit productive output” means the annual eligible
  192  costs attributable to all contracts or subcontracts subject to
  193  federal procurement regulations of the single plant or operation
  194  at which the machinery or equipment is used.
  195         e. “Industrial machinery and equipment” means tangible
  196  personal property or other property that has a depreciable life
  197  of 3 years or more, that qualifies as an eligible cost under
  198  federal procurement regulations, and that is used as an integral
  199  part of the process of production of tangible personal property.
  200  A building and its structural components are not industrial
  201  machinery and equipment unless the building or structural
  202  component is so closely related to the industrial machinery and
  203  equipment that it houses or supports that the building or
  204  structural component can be expected to be replaced when the
  205  machinery and equipment are replaced. Heating and air
  206  conditioning systems are not industrial machinery and equipment
  207  unless the sole justification for their installation is to meet
  208  the requirements of the production process, even though the
  209  system may provide incidental comfort to employees or serve, to
  210  an insubstantial degree, nonproduction activities. The term
  211  includes parts and accessories only to the extent that the
  212  exemption of such parts and accessories is consistent with the
  213  provisions of this paragraph.
  214         f. “National defense implicit price deflator” means the
  215  national defense implicit price deflator for the gross national
  216  product as determined by the Bureau of Economic Analysis of the
  217  United States Department of Commerce.
  218         5. The exclusions provided in subparagraph (b)5. apply to
  219  this exemption. This exemption applies only to machinery or
  220  equipment purchased pursuant to production contracts with the
  221  United States Department of Defense and Armed Forces, the
  222  National Aeronautics and Space Administration, and other federal
  223  agencies for which the contracts are classified for national
  224  security reasons. In no event shall the provisions of this
  225  paragraph apply to any expanding business the increase in
  226  productive output of which could be measured under the
  227  provisions of sub-subparagraph (b)6.b. as physically comparable
  228  between the two periods.
  229         (g)(h)Business property used in an enterprise zone.—
  230         1. Business property purchased for use by a business
  231  businesses located in an enterprise zone which is subsequently
  232  used in an enterprise zone is shall be exempt from the tax
  233  imposed by this chapter. This exemption inures to the business
  234  only through a refund of previously paid taxes. A refund shall
  235  be authorized upon an affirmative showing by the taxpayer, to
  236  the satisfaction of the department, that the requirements of
  237  this paragraph have been met.
  238         2. To receive a refund, the business must file under oath
  239  with the governing body or enterprise zone development agency
  240  that has having jurisdiction over the enterprise zone where the
  241  business is located, as applicable, an application, under oath,
  242  which includes:
  243         a. The name and address of the business claiming the
  244  refund.
  245         b. The identifying number assigned pursuant to s. 290.0065
  246  to the enterprise zone in which the business is located.
  247         c. A specific description of the property for which a
  248  refund is sought, including its serial number or other permanent
  249  identification number.
  250         d. The location of the property.
  251         e. The sales invoice or other proof of purchase of the
  252  property, showing the amount of sales tax paid, the date of
  253  purchase, and the name and address of the sales tax dealer from
  254  whom the property was purchased.
  255         f. Whether the business is a small business as defined by
  256  s. 288.703.
  257         g. If applicable, the name and address of each permanent
  258  employee of the business, including, for each employee who is a
  259  resident of an enterprise zone, the identifying number assigned
  260  pursuant to s. 290.0065 to the enterprise zone in which the
  261  employee resides.
  262         3. Within 10 working days after receipt of an application,
  263  the governing body or enterprise zone development agency shall
  264  review the application to determine if it contains all the
  265  information required under pursuant to subparagraph 2. and meets
  266  the criteria specified set out in this paragraph. The governing
  267  body or agency shall certify all applications that contain the
  268  information required under pursuant to subparagraph 2. and meet
  269  the criteria specified set out in this paragraph as eligible to
  270  receive a refund. If applicable, the governing body or agency
  271  shall also certify if 20 percent of the employees of the
  272  business are residents of an enterprise zone, excluding
  273  temporary and part-time employees. The certification must shall
  274  be in writing, and a copy of the certification must shall be
  275  transmitted to the executive director of the department of
  276  Revenue. The business is shall be responsible for forwarding a
  277  certified application to the department within the time
  278  specified in subparagraph 4.
  279         4. An application for a refund pursuant to this paragraph
  280  must be submitted to the department within 6 months after the
  281  tax is due on the business property that is purchased.
  282         5. The amount refunded on purchases of business property
  283  under this paragraph must shall be the lesser of 97 percent of
  284  the sales tax paid on such business property or $5,000, or, if
  285  no less than 20 percent or more of the employees of the business
  286  are residents of an enterprise zone, excluding temporary and
  287  part-time employees, the amount must refunded on purchases of
  288  business property under this paragraph shall be the lesser of 97
  289  percent of the sales tax paid on such business property or
  290  $10,000. A refund must approved pursuant to this paragraph shall
  291  be made within 30 days after formal approval by the department
  292  of the application for the refund. A refund may not be granted
  293  under this paragraph unless the amount to be refunded exceeds
  294  $100 in sales tax paid on purchases made within a 60-day time
  295  period.
  296         6. The department shall adopt rules governing the manner
  297  and form of refund applications and may establish guidelines as
  298  to the requisites for an affirmative showing of qualification
  299  for exemption under this paragraph.
  300         7. If the department determines that the business property
  301  is used outside an enterprise zone within 3 years after from the
  302  date of purchase, the amount of taxes refunded to the business
  303  purchasing such business property is shall immediately be due
  304  and payable to the department by the business, together with the
  305  appropriate interest and penalty, computed from the date of
  306  purchase, in the manner provided by this chapter.
  307  Notwithstanding this subparagraph, business property used
  308  exclusively in:
  309         a. Licensed commercial fishing vessels,
  310         b. Fishing guide boats, or
  311         c. Ecotourism guide boats
  312  
  313  that leave and return to a fixed location within an area
  314  designated under s. 379.2353, Florida Statutes 2010, are
  315  eligible for the exemption provided under this paragraph if the
  316  all requirements of this paragraph are met. The Such vessels and
  317  boats must be owned by a business that is eligible to receive
  318  the exemption provided under this paragraph. This exemption does
  319  not apply to the purchase of a vessel or boat.
  320         8. The department shall deduct an amount equal to 10
  321  percent of each refund granted under this paragraph from the
  322  amount transferred into the Local Government Half-cent Sales Tax
  323  Clearing Trust Fund pursuant to s. 212.20 for the county area in
  324  which the business property is located and shall transfer that
  325  amount to the General Revenue Fund.
  326         9. For the purposes of this exemption, the term “business
  327  property” means new or used property defined as “recovery
  328  property” in s. 168(c) of the Internal Revenue Code of 1954, as
  329  amended, except:
  330         a. Property classified as 3-year property under s.
  331  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
  332         b. Industrial machinery and equipment as defined in
  333  subparagraph (b)3. sub-subparagraph (b)6.a. and eligible for
  334  exemption under paragraph (b);
  335         c. Building materials as defined in sub-subparagraph
  336  (f)8.a.(g)8.a.; and
  337         d. Business property having a sales price of under $5,000
  338  per unit.
  339         10. This paragraph expires on the date specified in s.
  340  290.016 for the expiration of the Florida Enterprise Zone Act.
  341         (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.—
  342         (f) For the purpose of the exemption provided in this
  343  subsection, the term “qualified business” means a business that
  344  which is:
  345         1. First occupying a new structure to which electrical
  346  service, other than that used for construction purposes, has not
  347  been previously provided or furnished;
  348         2. Newly occupying an existing, remodeled, renovated, or
  349  rehabilitated structure to which electrical service, other than
  350  that used for remodeling, renovation, or rehabilitation of the
  351  structure, has not been provided or furnished in the three
  352  preceding billing periods; or
  353         3. Occupying a new, remodeled, rebuilt, renovated, or
  354  rehabilitated structure for which a refund has been granted
  355  pursuant to paragraph (5)(f) (5)(g).
  356         Section 2. Section 212.0602, Florida Statutes, is amended
  357  to read:
  358         212.0602 Education; limited exemption.—To facilitate
  359  investment in education and job training, there is also exempt
  360  from the taxes levied under this chapter, subject to the
  361  provisions of this section, the purchase or lease of materials,
  362  equipment, and other items or the license in or lease of real
  363  property by an any entity, institution, or organization that is
  364  primarily engaged in teaching students to perform any of the
  365  activities or services described in s. 212.031(1)(a)9., that
  366  conducts classes at a fixed location located in this state, that
  367  is licensed under chapter 1005, and that has at least 500
  368  enrolled students is exempt from the taxes levied under this
  369  chapter. An Any entity, institution, or organization meeting the
  370  requirements of this section shall be deemed to qualify for the
  371  exemptions under in ss. 212.031(1)(a)9. and 212.08(5)(e)
  372  212.08(5)(f) and (12), and to qualify for an exemption for its
  373  purchase or lease of materials, equipment, and other items used
  374  for education or demonstration of the school’s curriculum,
  375  including supporting operations. Nothing in This section does
  376  not shall preclude an entity described in this section from
  377  qualifying for any other exemption provided under for in this
  378  chapter.
  379         Section 3. Paragraph (c) of subsection (1) of section
  380  220.183, Florida Statutes, is amended to read:
  381         220.183 Community contribution tax credit.—
  382         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
  383  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
  384  SPENDING.—
  385         (c) The total amount of tax credit which may be granted for
  386  all programs approved under this section, s. 212.08(5)(o) s.
  387  212.08(5)(p), and s. 624.5105 is $18.4 million annually for
  388  projects that provide homeownership opportunities for low-income
  389  households or very-low-income households as those terms are
  390  defined in s. 420.9071 and $3.5 million annually for all other
  391  projects.
  392         Section 4. Paragraph (c) of subsection (2) of section
  393  288.0001, Florida Statutes, is amended to read:
  394         288.0001 Economic Development Programs Evaluation.—The
  395  Office of Economic and Demographic Research and the Office of
  396  Program Policy Analysis and Government Accountability (OPPAGA)
  397  shall develop and present to the Governor, the President of the
  398  Senate, the Speaker of the House of Representatives, and the
  399  chairs of the legislative appropriations committees the Economic
  400  Development Programs Evaluation.
  401         (2) The Office of Economic and Demographic Research and
  402  OPPAGA shall provide a detailed analysis of economic development
  403  programs as provided in the following schedule:
  404         (c) By January 1, 2016, and every 3 years thereafter, an
  405  analysis of the following:
  406         1. The qualified defense contractor and space flight
  407  business tax refund program established under s. 288.1045.
  408         2. The tax exemption for semiconductor, defense, or space
  409  technology sales established under s. 212.08(5)(i) s.
  410  212.08(5)(j).
  411         3. The Military Base Protection Program established under
  412  s. 288.980.
  413         4. The Manufacturing and Spaceport Investment Incentive
  414  Program formerly established under s. 288.1083.
  415         5. The Quick Response Training Program established under s.
  416  288.047.
  417         6. The Incumbent Worker Training Program established under
  418  s. 445.003.
  419         7. International trade and business development programs
  420  established or funded under s. 288.826.
  421         Section 5. Paragraph (a) of subsection (9) of section
  422  290.0056, Florida Statutes, is amended to read:
  423         290.0056 Enterprise zone development agency.—
  424         (9) The following powers and responsibilities shall be
  425  performed by the governing body creating the enterprise zone
  426  development agency acting as the managing agent of the
  427  enterprise zone development agency, or, contingent upon approval
  428  by such governing body, such powers and responsibilities shall
  429  be performed by the enterprise zone development agency:
  430         (a) To review, process, and certify applications for state
  431  enterprise zone tax incentives pursuant to ss. 212.08(5)(f) and
  432  (g) ss. 212.08(5)(g), (h), and (15); 212.096; 220.181; and
  433  220.182.
  434         Section 6. Subsections (4) and (5) of section 290.007,
  435  Florida Statutes, are amended to read:
  436         290.007 State incentives available in enterprise zones.—The
  437  following incentives are provided by the state to encourage the
  438  revitalization of enterprise zones:
  439         (4) The sales tax exemption for building materials used in
  440  the rehabilitation of real property in enterprise zones provided
  441  in s. 212.08(5)(f) s. 212.08(5)(g).
  442         (5) The sales tax exemption for business equipment used in
  443  an enterprise zone provided in s. 212.08(5)(g) s. 212.08(5)(h).
  444         Section 7. Paragraph (c) of subsection (1) of section
  445  624.5105, Florida Statutes, is amended to read:
  446         624.5105 Community contribution tax credit; authorization;
  447  limitations; eligibility and application requirements;
  448  administration; definitions; expiration.—
  449         (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
  450         (c) The total amount of tax credit which may be granted for
  451  all programs approved under this section and ss. 212.08(5)(o)
  452  ss. 212.08(5)(p) and 220.183 is $18.4 million annually for
  453  projects that provide homeownership opportunities for low-income
  454  households or very-low-income households as those terms are
  455  defined in s. 420.9071 and $3.5 million annually for all other
  456  projects.
  457         Section 8. Subsection (1) of section 1011.94, Florida
  458  Statutes, is amended to read:
  459         1011.94 University Major Gifts Program.—
  460         (1) The There is established a University Major Gifts
  461  Program is established. The purpose of the program is to enable
  462  each university to provide donors with an incentive in the form
  463  of matching grants for donations for the establishment of
  464  permanent endowments and sales tax exemption matching funds
  465  received pursuant to s. 212.08(5)(i) s. 212.08(5)(j), which must
  466  be invested, with the proceeds of the investment used to support
  467  libraries and instruction and research programs, as defined by
  468  the Board of Governors.
  469         Section 9. This act shall take effect January 1, 2016.