Senate Bill 1458e2

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  1                      A bill to be entitled

  2         An act relating to taxation; providing

  3         legislative intent; amending s. 212.08, F.S.;

  4         revising the amount of the exemption for

  5         industrial machinery and equipment used in an

  6         expanding business; forgiving certain taxes;

  7         amending s. 196.012, F.S.; providing that, for

  8         purposes of determining eligibility for

  9         exemption, property which is leased to an

10         exempt entity under a capital lease shall be

11         deemed "owned" by the entity; defining "capital

12         lease"; amending s. 196.198, F.S.; providing

13         that property leased from a governmental agency

14         is eligible for the exemption for educational

15         property if the agency continues to use the

16         property exclusively for educational purposes;

17         amending s. 200.065, F.S.; expanding the list

18         of allowable variations in the format that a

19         taxing authority must use in the advertisement

20         stating its intent to finally adopt a millage

21         rate and budget; amending s. 193.155, F.S.,

22         relating to homestead assessments; revising

23         requirements for determining value of property;

24         amending s. 125.0104, F.S., relating to the

25         tourist development tax; authorizing certain

26         counties to use the proceeds of the tax for

27         additional purposes; amending s. 561.501, F.S.;

28         reducing the surcharges on liquor, wine, cider,

29         and beer sold for consumption on the premises;

30         providing an exemption from the surcharge to

31         certain nonprofit organizations; amending s.


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  1         561.121, F.S.; increasing the portion of the

  2         surcharge which is transferred to the Children

  3         and Adolescents Substance Abuse Trust Fund;

  4         amending s. 561.501, F.S.; providing an

  5         exemption from the alcoholic beverage surcharge

  6         to certain nonprofit and veterans'

  7         organizations; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Paragraph (b) of subsection (5) of section

12  212.08, Florida Statutes, is amended to read:

13         212.08  Sales, rental, use, consumption, distribution,

14  and storage tax; specified exemptions.--The sale at retail,

15  the rental, the use, the consumption, the distribution, and

16  the storage to be used or consumed in this state of the

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

19         (5)  EXEMPTIONS; ACCOUNT OF USE.--

20         (b)  Machinery and equipment used to increase

21  productive output.--

22         1.  Industrial machinery and equipment purchased for

23  exclusive use by a new business in spaceport activities as

24  defined by s. 212.02 or for use in new businesses which

25  manufacture, process, compound, or produce for sale items of

26  tangible personal property at fixed locations are exempt from

27  the tax imposed by this chapter upon an affirmative showing by

28  the taxpayer to the satisfaction of the department that such

29  items are used in a new business in this state. Such purchases

30  must be made prior to the date the business first begins its

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  1  productive operations, and delivery of the purchased item must

  2  be made within 12 months of that date.

  3         2.a.  Industrial machinery and equipment purchased for

  4  exclusive use by an expanding facility which is engaged in

  5  spaceport activities as defined by s. 212.02 or for use in

  6  expanding manufacturing facilities or plant units which

  7  manufacture, process, compound, or produce for sale items of

  8  tangible personal property at fixed locations in this state

  9  are exempt from any amount of tax imposed by this chapter in

10  excess of $15,000 $50,000 per calendar year upon an

11  affirmative showing by the taxpayer to the satisfaction of the

12  department that such items are used to increase the productive

13  output of such expanded facility or business by not less than

14  10 percent.

15         b.  Notwithstanding any other provision of this

16  section, industrial machinery and equipment purchased for use

17  in expanding printing manufacturing facilities or plant units

18  that manufacture, process, compound, or produce for sale items

19  of tangible personal property at fixed locations in this state

20  are exempt from any amount of tax imposed by this chapter upon

21  an affirmative showing by the taxpayer to the satisfaction of

22  the department that such items are used to increase the

23  productive output of such an expanded business by not less

24  than 10 percent.

25         3.a.  To receive an exemption provided by subparagraph

26  1. or subparagraph 2., a qualifying business entity shall

27  apply to the department for a temporary tax exemption permit.

28  The application shall state that a new business exemption or

29  expanded business exemption is being sought. Upon a tentative

30  affirmative determination by the department pursuant to

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  1  subparagraph 1. or subparagraph 2., the department shall issue

  2  such permit.

  3         b.  The applicant shall be required to maintain all

  4  necessary books and records to support the exemption. Upon

  5  completion of purchases of qualified machinery and equipment

  6  pursuant to subparagraph 1. or subparagraph 2., the temporary

  7  tax permit shall be delivered to the department or returned to

  8  the department by certified or registered mail.

  9         c.  If, in a subsequent audit conducted by the

10  department, it is determined that the machinery and equipment

11  purchased as exempt under subparagraph 1. or subparagraph 2.

12  did not meet the criteria mandated by this paragraph or if

13  commencement of production did not occur, the amount of taxes

14  exempted at the time of purchase shall immediately be due and

15  payable to the department by the business entity, together

16  with the appropriate interest and penalty, computed from the

17  date of purchase, in the manner prescribed by this chapter.

18         d.  In the event a qualifying business entity fails to

19  apply for a temporary exemption permit or if the tentative

20  determination by the department required to obtain a temporary

21  exemption permit is negative, a qualifying business entity

22  shall receive the exemption provided in subparagraph 1. or

23  subparagraph 2. through a refund of previously paid taxes. No

24  refund may be made for such taxes unless the criteria mandated

25  by subparagraph 1. or subparagraph 2. have been met and

26  commencement of production has occurred.

27         4.  The department shall promulgate rules governing

28  applications for, issuance of, and the form of temporary tax

29  exemption permits; provisions for recapture of taxes; and the

30  manner and form of refund applications and may establish

31  guidelines as to the requisites for an affirmative showing of


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  1  increased productive output, commencement of production, and

  2  qualification for exemption.

  3         5.  The exemptions provided in subparagraphs 1. and 2.

  4  do not apply to machinery or equipment purchased or used by

  5  electric utility companies, communications companies, oil or

  6  gas exploration or production operations, publishing firms

  7  that do not export at least 50 percent of their finished

  8  product out of the state, any firm subject to regulation by

  9  the Division of Hotels and Restaurants of the Department of

10  Business and Professional Regulation, or any firm which does

11  not manufacture, process, compound, or produce for sale items

12  of tangible personal property or which does not use such

13  machinery and equipment in spaceport activities as required by

14  this paragraph. The exemptions provided in subparagraphs 1.

15  and 2. shall apply to machinery and equipment purchased for

16  use in phosphate or other solid minerals severance, mining, or

17  processing operations only by way of a prospective credit

18  against taxes due under chapter 211 for taxes paid under this

19  chapter on such machinery and equipment.

20         6.  For the purposes of the exemptions provided in

21  subparagraphs 1. and 2., these terms have the following

22  meanings:

23         a.  "Industrial machinery and equipment" means "section

24  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

25  Internal Revenue Code, provided "industrial machinery and

26  equipment" shall be construed by regulations adopted by the

27  Department of Revenue to mean tangible property used as an

28  integral part of spaceport activities or of the manufacturing,

29  processing, compounding, or producing for sale of items of

30  tangible personal property. Such term includes parts and

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  1  accessories only to the extent that the exemption thereof is

  2  consistent with the provisions of this paragraph.

  3         b.  "Productive output" means the number of units

  4  actually produced by a single plant or operation in a single

  5  continuous 12-month period, irrespective of sales. Increases

  6  in productive output shall be measured by the output for 12

  7  continuous months immediately following the completion of

  8  installation of such machinery or equipment over the output

  9  for the 12 continuous months immediately preceding such

10  installation. However, if a different 12-month continuous

11  period of time would more accurately reflect the increase in

12  productive output of machinery and equipment purchased to

13  facilitate an expansion, the increase in productive output may

14  be measured during that 12-month continuous period of time if

15  such time period is mutually agreed upon by the Department of

16  Revenue and the expanding business prior to the commencement

17  of production; provided, however, in no case may such time

18  period begin later than 2 years following the completion of

19  installation of the new machinery and equipment. The units

20  used to measure productive output shall be physically

21  comparable between the two periods, irrespective of sales.

22         7.  Notwithstanding any other provision in this

23  paragraph to the contrary, in order to receive the exemption

24  provided in this paragraph a taxpayer must register with the

25  WAGES Program Business Registry established by the local WAGES

26  coalition for the area in which the taxpayer is located.  Such

27  registration establishes a commitment on the part of the

28  taxpayer to hire WAGES program participants to the maximum

29  extent possible consistent with the nature of their business.

30         Section 2.  Any double-sum tax liability that accrued

31  under section 550.09515(2)(a)2., Florida Statutes, between


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  1  January 1, 2000, and May 22, 2000, is forgiven, and the

  2  Department of Business and Professional Regulation may not

  3  maintain an action to collect such taxes.

  4         Section 3.  Subsection (20) is added to section

  5  196.012, Florida Statutes, to read:

  6         196.012  Definitions.--For the purpose of this chapter,

  7  the following terms are defined as follows, except where the

  8  context clearly indicates otherwise:

  9         (20)  For purposes of determining if property is

10  "owned" by an exempt entity, property leased to an exempt

11  entity under a capital lease shall be deemed to be owned by

12  that exempt entity. This subsection does not apply with

13  respect to determining ownership of property leased by an

14  exempt entity to another person.  For purposes of this

15  subsection, a "capital lease" is a lease to an exempt entity

16  which meets at least one of the following criteria:

17         (a)  Ownership of the property transfers to the lessee

18  at the end of the lease term.

19         (b)  The lease contains a bargain purchase option which

20  allows the lessee, at his or her option, to buy the leased

21  property for a price which is sufficiently lower than the

22  expected fair market value of the property on the date the

23  option becomes exercisable that exercise of the option

24  appears, at the inception of the lease, to be reasonably

25  assured.

26         (c)  The lease term is equal to 75 percent or more of

27  the estimated useful economic life of the property.

28         (d)  At the inception of the lease, the present value

29  of the minimum lease payments is at least 90 percent of the

30  fair market value of the leased property. As used in this

31  paragraph, "minimum lease payments" has the same meaning as is


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  1  contained in Statements and Interpretations of the Financial

  2  Accounting Standards Board in regard to capital-type leases.

  3  The interest rate used to calculate the present value shall be

  4  the Prime Rate published in the "Money Rates" section of the

  5  Wall Street Journal on the same date as the inception of the

  6  lease.

  7         Section 4.  Section 196.198, Florida Statutes, is

  8  amended to read:

  9         196.198  Educational property exemption.--Educational

10  institutions within this state and their property used by them

11  or by any other exempt entity or educational institution

12  exclusively for educational purposes shall be exempt from

13  taxation.  Sheltered workshops providing rehabilitation and

14  retraining of disabled individuals and exempted by a

15  certificate under s. (d) of the federal Fair Labor Standards

16  Act of 1938, as amended, are declared wholly educational in

17  purpose and shall be exempted from certification,

18  accreditation, and membership requirements set forth in s.

19  196.012.  Those portions of property of college fraternities

20  and sororities certified by the president of the college or

21  university to the appropriate property appraiser as being

22  essential to the educational process, shall be exempt from ad

23  valorem taxation. The use of property by public fairs and

24  expositions chartered by chapter 616 is presumed to be an

25  educational use of such property and shall be exempt from ad

26  valorem taxation to the extent of such use.  Property used

27  exclusively for educational purposes shall be deemed owned by

28  an educational institution if the entity owning 100 percent of

29  the educational institution is owned by the identical persons

30  who own the property. If legal title to property is held by a

31  governmental agency which leases such property to a lessee,


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  1  such property shall be deemed to be owned by the governmental

  2  agency and used exclusively for educational purposes if the

  3  governmental agency continues to use such property exclusively

  4  for educational purposes pursuant to a sublease or other

  5  contractual agreement with that lessee. If the title to land

  6  is held by the trustee of an irrevocable inter vivos trust and

  7  if the trust grantor owns 100 percent of the entity that owns

  8  an educational institution that is using the land exclusively

  9  for educational purposes, the land is deemed to be property

10  owned by the educational institution for purposes of this

11  exemption. Property owned by an educational institution shall

12  be deemed to be used for an educational purpose if the

13  institution has taken affirmative steps to prepare the

14  property for educational use.  Affirmative steps means

15  environmental or land use permitting activities, creation of

16  architectural plans or schematic drawings, land clearing or

17  site preparation, construction or renovation activities, or

18  other similar activities that demonstrate commitment of the

19  property to an educational use.

20         Section 5.  Paragraph (h) of subsection (3) of section

21  200.065, Florida Statutes, is amended to read:

22         200.065  Method of fixing millage.--

23         (3)  The advertisement shall be no less than

24  one-quarter page in size of a standard size or a tabloid size

25  newspaper, and the headline in the advertisement shall be in a

26  type no smaller than 18 point.  The advertisement shall not be

27  placed in that portion of the newspaper where legal notices

28  and classified advertisements appear.  The advertisement shall

29  be published in a newspaper of general paid circulation in the

30  county or in a geographically limited insert of such

31  newspaper.  The geographic boundaries in which such insert is


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  1  circulated shall include the geographic boundaries of the

  2  taxing authority.  It is the legislative intent that, whenever

  3  possible, the advertisement appear in a newspaper that is

  4  published at least 5 days a week unless the only newspaper in

  5  the county is published less than 5 days a week, or that the

  6  advertisement appear in a geographically limited insert of

  7  such newspaper which insert is published throughout the taxing

  8  authority's jurisdiction at least twice each week.  It is

  9  further the legislative intent that the newspaper selected be

10  one of general interest and readership in the community and

11  not one of limited subject matter, pursuant to chapter 50.

12         (h)  In no event shall any taxing authority add to or

13  delete from the language of the advertisements as specified in

14  this subsection herein unless expressly authorized by law,

15  except that:,

16         1.  If an increase in ad valorem tax rates will affect

17  only a portion of the jurisdiction of a taxing authority,

18  advertisements may include a map or geographical description

19  of the area to be affected and the proposed use of the tax

20  revenues under consideration.

21         2.  If an increase in ad valorem tax rates is the

22  result of a referendum or other requirement of law, the

23  advertisements may include a brief description of the

24  requirement and the proposed use of the resulting tax

25  revenues.

26         3.  A taxing authority making use of the provisions of

27  this paragraph may also state the increase, if any, over the

28  rolled-back rate in the nonvoted countywide millage rate set

29  by the governing body of the taxing authority.

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  1  The advertisements required herein must shall not be

  2  accompanied, preceded, or followed by other advertising or

  3  notices that which conflict with or modify the substantive

  4  content prescribed herein.

  5         Section 6.  Section 193.155, Florida Statutes, is

  6  amended to read:

  7         193.155  Homestead assessments.--Homestead property

  8  shall be assessed at just value as of January 1, 1994.

  9  Property receiving the homestead exemption after January 1,

10  1994, shall be assessed at just value as of January 1 of the

11  year in which the property receives the exemption. Thereafter,

12  determination of the assessed value of the property is subject

13  to the following provisions:

14         (1)  Beginning in 1995, or the year following the year

15  the property receives homestead exemption, whichever is later,

16  the property shall be reassessed annually on January 1. Any

17  change resulting from such reassessment shall not exceed the

18  lower of the following:

19         (a)  Three percent of the assessed value of the

20  property for the prior year; or

21         (b)  The percentage change in the Consumer Price Index

22  for All Urban Consumers, U.S. City Average, all items

23  1967=100, or successor reports for the preceding calendar year

24  as initially reported by the United States Department of

25  Labor, Bureau of Labor Statistics.

26         (2)  If the assessed value of the property as

27  calculated under subsection (1) exceeds the just value, the

28  assessed value of the property shall be lowered to the just

29  value of the property.

30         (3)  Except as provided in this subsection, property

31  assessed under this section shall be assessed at just value as


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  1  of January 1 of the year following a change of ownership.

  2  Thereafter, the annual changes in the assessed value of the

  3  property are subject to the limitations in subsections (1) and

  4  (2). For the purpose of this section, a change in ownership

  5  means any sale, foreclosure, or transfer of legal title or

  6  beneficial title in equity to any person, except as provided

  7  in this subsection. There is no change of ownership if:

  8         (a)  Subsequent to the change or transfer, the same

  9  person is entitled to the homestead exemption as was

10  previously entitled and:

11         1.  The transfer of title is to correct an error; or

12         2.  The transfer is between legal and equitable title;

13         (b)  The transfer is between husband and wife,

14  including a transfer to a surviving spouse or a transfer due

15  to a dissolution of marriage;

16         (c)  The transfer occurs by operation of law under s.

17  732.4015; or

18         (d)  Upon the death of the owner, the transfer is

19  between the owner and another who is a permanent resident and

20  is legally or naturally dependent upon the owner.

21         (4)(a)  Changes, additions, or improvements to

22  homestead property shall be assessed at just value as of the

23  first January 1 after the changes, additions, or improvements

24  are substantially completed.

25         (b)  Changes, additions, or improvements do not include

26  replacement of a portion of real property damaged or destroyed

27  by misfortune or calamity when the just value of the damaged

28  or destroyed portion as replaced is not more than 125 percent

29  of the just value of the damaged or destroyed portion. The

30  value of any replaced real property, or portion thereof, which

31  is in excess of 125 percent of the just value of the damaged


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  1  or destroyed property shall be deemed to be a change,

  2  addition, or improvement. Replaced real property with a just

  3  value of less than 100 percent of the original property's just

  4  value shall be assessed pursuant to subsection (5).

  5         (c)  Changes, additions, or improvements include

  6  improvements made to common areas or other improvements made

  7  to property other than to the homestead property by the owner

  8  or by an owner association, which improvements directly

  9  benefit the homestead property. Such changes, additions, or

10  improvements shall be assessed at just value, and the just

11  value shall be apportioned among the parcels benefiting from

12  the improvement.

13         (5)  When property is destroyed or removed and not

14  replaced, the assessed value of the parcel shall be reduced by

15  the assessed value attributable to the destroyed or removed

16  property.

17         (6)  Only property that receives a homestead exemption

18  is subject to this section. No portion of property that is

19  assessed solely on the basis of character or use pursuant to

20  s. 193.461 or s. 193.501, or assessed pursuant to s. 193.505,

21  is subject to this section. When property is assessed under s.

22  193.461, s. 193.501, or s. 193.505 and contains a residence

23  under the same ownership, the portion of the property

24  consisting of the residence and curtilage must be assessed

25  separately, pursuant to s. 193.011, for the assessment to be

26  subject to the limitation in this section.

27         (7)  If a person received a homestead exemption limited

28  to that person's proportionate interest in real property, the

29  provisions of this section apply only to that interest.

30

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  1         (8)  Erroneous assessments of homestead property

  2  assessed under this section may be corrected in the following

  3  manner:

  4         (a)  If errors are made in arriving at any annual

  5  assessment under this section due to a material mistake of

  6  fact concerning an essential characteristic of the property,

  7  the just value and assessed value assessment must be

  8  recalculated for every such year, including the year in which

  9  the mistake occurred.

10         (b)  If changes, additions, or improvements are not

11  assessed at just value as of the first January 1 after they

12  were substantially completed, the property appraiser shall

13  determine the just value for such changes, additions, or

14  improvements for the year they were substantially completed.

15  Assessments for subsequent years shall be corrected, applying

16  this section if applicable.

17

18  If back taxes are due pursuant to s. 193.092, the corrections

19  made pursuant to this subsection shall be used to calculate

20  such back taxes.

21         (9)  If the property appraiser determines that for any

22  year or years within the prior 10 years a person who was not

23  entitled to the homestead property assessment limitation

24  granted under this section was granted the homestead property

25  assessment limitation, the property appraiser making such

26  determination shall record in the public records of the county

27  a notice of tax lien against any property owned by that person

28  in the county, and such property must be identified in the

29  notice of tax lien. Such property that is situated in this

30  state is subject to the unpaid taxes, plus a penalty of 50

31  percent of the unpaid taxes for each year and 15 percent


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  1  interest per annum. However, when a person entitled to

  2  exemption pursuant to s. 196.031 inadvertently receives the

  3  limitation pursuant to this section following a change of

  4  ownership, the assessment of such property must be corrected

  5  as provided in paragraph (8)(a), and the person need not pay

  6  the unpaid taxes, penalties, or interest.

  7         Section 7.  Paragraph (l) of subsection (3) of section

  8  125.0104, Florida Statutes, is amended to read:

  9         125.0104  Tourist development tax; procedure for

10  levying; authorized uses; referendum; enforcement.--

11         (3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--

12         (l)  In addition to any other tax which is imposed

13  pursuant to this section, a county may impose up to an

14  additional 1-percent tax on the exercise of the privilege

15  described in paragraph (a) by majority vote of the governing

16  board of the county in order to:

17         1.  Pay the debt service on bonds issued to finance the

18  construction, reconstruction, or renovation of a professional

19  sports franchise facility, or the acquisition, construction,

20  reconstruction, or renovation of a retained spring training

21  franchise facility, either publicly owned and operated, or

22  publicly owned and operated by the owner of a professional

23  sports franchise or other lessee with sufficient expertise or

24  financial capability to operate such facility, and to pay the

25  planning and design costs incurred prior to the issuance of

26  such bonds.

27         2.  Pay the debt service on bonds issued to finance the

28  construction, reconstruction, or renovation of a convention

29  center, and to pay the planning and design costs incurred

30  prior to the issuance of such bonds.

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  1         3.  Pay the operation and maintenance costs of a

  2  convention center for a period of up to 10 years. Only

  3  counties that have elected to levy the tax for the purposes

  4  authorized in subparagraph 2. may use the tax for the purposes

  5  enumerated in this subparagraph.

  6         4.  A county in which a museum described in s. 265.26

  7  or s. 272.129 is located may use the tax for the purposes set

  8  forth in paragraph (5)(a)1.

  9

10  The provision of paragraph (b) which prohibits any county

11  authorized to levy a convention development tax pursuant to s.

12  212.0305 from levying more than the 2-percent tax authorized

13  by this section, and the provisions of paragraphs (4)(a)

14  through (d), shall not apply to the additional tax authorized

15  in this paragraph. The effective date of the levy and

16  imposition of the tax authorized under this paragraph shall be

17  the first day of the second month following approval of the

18  ordinance by the governing board or the first day of any

19  subsequent month as may be specified in the ordinance.  A

20  certified copy of such ordinance shall be furnished by the

21  county to the Department of Revenue within 10 days after

22  approval of such ordinance.

23         Section 8.  Effective September 1, 2000, subsection (1)

24  of section 561.501, Florida Statutes, is amended to read:

25         561.501  Surcharge on sale of alcoholic beverages for

26  consumption on the premises; penalty.--

27         (1)  Notwithstanding s. 561.50 or any other provision

28  of the Beverage Law, a surcharge of 3.34 6.67 cents is imposed

29  upon each ounce of liquor and each 4 ounces of wine, a

30  surcharge of 2 4 cents is imposed on each 12 ounces of cider,

31  and a surcharge of 1.34 2.67 cents is imposed on each 12


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  1  ounces of beer sold at retail for consumption on premises

  2  licensed by the division as an alcoholic beverage vendor.

  3  However, the surcharges imposed under this subsection need not

  4  be paid upon such beverages when they are sold by an

  5  organization that is licensed by the division under s.

  6  565.02(4) or s. 561.422 as an alcoholic beverage vendor and

  7  that is determined by the Internal Revenue Service to be

  8  currently exempt from federal income tax under s. 501(c)(3),

  9  (4), (5), (6), (7), (8), or (19) of the Internal Revenue Code

10  of 1986, as amended.

11         Section 9.  Effective September 1, 2000, subsection (4)

12  of section 561.121, Florida Statutes, is amended to read:

13         561.121  Deposit of revenue.--

14         (4)  State funds collected pursuant to s. 561.501 shall

15  be paid into the State Treasury and credited to the following

16  accounts:

17         (a)  Twenty-seven and two-tenths Thirteen and

18  six-tenths percent of the surcharge on the sale of alcoholic

19  beverages for consumption on premises shall be transferred to

20  the Children and Adolescents Substance Abuse Trust Fund, which

21  shall remain with the Department of Children and Family

22  Services for the purpose of funding programs directed at

23  reducing and eliminating substance abuse problems among

24  children and adolescents.

25         (b)  The remainder of collections shall be credited to

26  the General Revenue Fund.

27         Section 10.  Subsection (1) of section 561.501, Florida

28  Statutes, is amended to read:

29         561.501  Surcharge on sale of alcoholic beverages for

30  consumption on the premises; penalty.--

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






    CS for SB 1458                                Second Engrossed



  1         (1)  Notwithstanding s. 561.50 or any other provision

  2  of the Beverage Law, a surcharge of 6.67 cents is imposed upon

  3  each ounce of liquor and each 4 ounces of wine, a surcharge of

  4  4 cents is imposed on each 12 ounces of cider, and a surcharge

  5  of 2.67 cents is imposed on each 12 ounces of beer sold at

  6  retail for consumption on premises licensed by the division as

  7  an alcoholic beverage vendor. However, the surcharges imposed

  8  under this subsection need not be paid upon such beverages

  9  when they are sold by an organization that is licensed by the

10  division under s. 565.02(4) or s. 561.422 as an alcoholic

11  beverage vendor and that is determined by the Internal Revenue

12  Service to be currently exempt from federal income tax under

13  s. 501(c)(3) or (19) of the Internal Revenue Code of 1986, as

14  amended.

15         Section 11.  This act shall take effect July 1, 2000.

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