CODING: Words stricken are deletions; words underlined are additions.

Senate Bill 0638

Florida Senate - 1998 SB 638 By Senators Ostalkiewicz, Williams, Harris and Clary 12-679-98 See HB 3305 1 A bill to be entitled 2 An act relating to tax on sales, use, and other 3 transactions; amending s. 212.08, F.S.; 4 revising the activities and industries to which 5 the exemption for electricity used in certain 6 manufacturing and related operations applies; 7 specifying a threshold for use of electricity 8 to qualify for exemption; deleting a 9 requirement relating to separate metering of 10 such electricity; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (ii) of subsection (7) of section 15 212.08, Florida Statutes, is amended to read: 16 212.08 Sales, rental, use, consumption, distribution, 17 and storage tax; specified exemptions.--The sale at retail, 18 the rental, the use, the consumption, the distribution, and 19 the storage to be used or consumed in this state of the 20 following are hereby specifically exempt from the tax imposed 21 by this chapter. 22 (7) MISCELLANEOUS EXEMPTIONS.-- 23 (ii) Certain electricity uses.-- 24 1. Charges for electricity used to operate machinery 25 and equipment directly and exclusively at a fixed location in 26 this state when such to operate machinery and equipment that 27 is used to manufacture, process, compound, or produce, or 28 prepare for shipment items of tangible personal property for 29 sale, or to operate pollution control equipment, recycling 30 equipment, maintenance equipment, or monitoring or control 31 equipment used in such operations are exempt to the extent 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 638 12-679-98 See HB 3305 1 provided in this paragraph from the tax imposed by this 2 chapter as provided in subparagraph 2. In order to qualify for 3 this exemption, 75 percent or more of the electricity used at 4 the fixed location must be used to operate qualifying 5 machinery or equipment. The exemption provided for herein is 6 applicable if the electricity that is used for the exempt 7 purposes is separately metered, or if it is not separately 8 metered, it is irrevocably presumed that 50 percent of the 9 charge for electricity is for nonexempt purposes. 10 2. This exemption only applies only to industries 11 classified under SIC Industry Major Group Numbers 10, 12, 13, 12 14, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 13 34, 35, 36, 37, 38, and 39 and Industry No. 2121. As used in 14 this paragraph, "SIC" means those classifications contained in 15 the Standard Industrial Classification Manual, 1987, as 16 published by the Office of Management and Budget, Executive 17 Office of the President. 18 3. Possession by a seller of a written certification 19 by the purchaser, certifying the purchaser's entitlement to an 20 exemption permitted by this subsection, relieves the seller 21 from the responsibility of collecting the tax on the 22 nontaxable amounts, and the department shall look solely to 23 the purchaser for recovery of such tax if it determines that 24 the purchaser was not entitled to the exemption. 25 4. Such exemption shall be applied as follows: 26 a.1. Beginning July 1, 1996, 20 percent of the charges 27 for such electricity shall be exempt. 28 b.2. Beginning July 1, 1997, 40 percent of the charges 29 for such electricity shall be exempt. 30 c.3. Beginning July 1, 1998, 60 percent of the charges 31 for such electricity shall be exempt. 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 638 12-679-98 See HB 3305 1 d.4. Beginning July 1, 1999, 80 percent of the charges 2 for such electricity shall be exempt. 3 e.5. Beginning July 1, 2000, 100 percent of the 4 charges for such electricity shall be exempt. 5 5. Notwithstanding any other provision in this 6 paragraph to the contrary, in order to receive the exemption 7 provided in this paragraph a taxpayer must first register with 8 the WAGES Program Business Registry established by the local 9 WAGES coalition for the area in which the taxpayer is located. 10 Such registration establishes a commitment on the part of the 11 taxpayer to hire WAGES program participants to the maximum 12 extent possible consistent with the nature of their business. 13 6.a. In order to determine whether the exemption 14 provided in this paragraph from the tax on charges for 15 electricity has an effect on retaining or attracting companies 16 to this state, the Office of Program Policy Analysis and 17 Governmental Accountability shall periodically monitor and 18 report on the industries receiving the exemption. 19 b. The first report shall be submitted no later than 20 January 1, 1997, and must be conducted in such a manner as to 21 specifically determine the number of companies within each SIC 22 Industry Major Group receiving the exemption as of September 23 1, 1996, and the number of individuals employed by companies 24 within each SIC Industry Major Group receiving the exemption 25 as of September 1, 1996. 26 c. The second report shall be submitted no later than 27 January 1, 2001, and must be comprehensive in scope, but, at a 28 minimum, must be conducted in such a manner as to specifically 29 determine the number of companies within each SIC Industry 30 Major Group receiving the exemption as of September 1, 2000, 31 the number of individuals employed by companies within each 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 638 12-679-98 See HB 3305 1 SIC Industry Major Group receiving the exemption as of 2 September 1, 2000, whether the change, if any, in such number 3 of companies or employees is attributable to the exemption 4 provided in this paragraph, whether it would be sound public 5 policy to continue or discontinue the exemption, and the 6 consequences of doing so. 7 d. Both reports shall be submitted to the President of 8 the Senate, the Speaker of the House of Representatives, the 9 Senate Minority Leader, and the House Minority Leader. 10 Section 2. This act shall take effect July 1 of the 11 year in which enacted. 12 13 ***************************************** 14 HOUSE SUMMARY 15 Revises the activities and industries to which the sales 16 tax exemption for electricity used in certain manufacturing and related operations applies. Specifies 17 a threshold for use of electricity to qualify for exemption, and deletes a requirement relating to separate 18 metering of such electricity. 19 20 21 22 23 24 25 26 27 28 29 30 31 4