Senate Bill 0724

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



    Florida Senate - 2000                                   SB 724

    By Senator Casas





    39-583-00                                               See HB

  1                      A bill to be entitled

  2         An act relating to corporate income tax;

  3         creating s. 220.193, F.S.; authorizing a credit

  4         against said tax for a portion of the expenses

  5         incurred by an eligible buyer in connection

  6         with the use of qualified pooled and reusable

  7         pallets and container systems; providing

  8         limitations; providing definitions and

  9         conditions; providing an effective date.

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

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13         Section 1.  Section 220.193, Florida Statutes, is

14  created to read:

15         220.193  Pooled and reusable pallet and container

16  system tax credits.--

17         (1)(a)  A credit of 10 percent of the expenses related

18  to the use of qualified pooled and reusable pallets and

19  container systems incurred by an eligible buyer in any taxable

20  year is allowed against the tax imposed by this chapter.

21         (b)  The maximum credit allowable under this section

22  for any taxpayer in any taxable year shall not exceed

23  $500,000.

24         (c)  The credit under this section for any taxable year

25  shall not exceed the tax otherwise payable by a taxpayer

26  pursuant to this chapter for such year.

27         (d)  For purposes of this section, all component

28  members of an affiliated group of corporations filing a

29  consolidated return shall be treated as a single taxpayer.

30         (2)  For the purposes of this section:

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






    Florida Senate - 2000                                   SB 724
    39-583-00                                               See HB




  1         (a)  "Qualified pooled and reusable pallets and

  2  container systems" means all wooden or plastic pallets and

  3  plastic containers that are leased or sold to an eligible

  4  buyer, which are reused, refurbished, and maintained for

  5  continuous use in a closed or open loop pool of like

  6  equipment, and which are placed in service before January 1,

  7  2008. Pallet exchange, pallet banks, single-use pallets, and

  8  other pallets and containers purchased for one-way trip usage

  9  are not qualified under this definition.

10         (b)  "Eligible buyer" means the following persons in

11  the human food or related businesses in Florida: growers, live

12  animal ranchers, agricultural products packers and shippers,

13  meat and produce products retailers, and third-party equipment

14  pooling companies.

15         (c)  "Equipment pooling company" means a company

16  located in Florida whose primary business is the daily rental

17  of qualified pooled and reusable pallets and container systems

18  to other eligible buyers, and who retains title to the

19  qualified pooled and reusable pallet and container system

20  assets throughout the life of these assets.

21         (d)  "Expenses" means the following costs incurred

22  after July 1, 2000, associated with implementation or

23  expansion of a qualified pooled and reusable pallet and

24  container system:

25         1.  Building, facility, or equipment conversion or

26  purchase costs if the building, facility, or equipment is at

27  least 75 percent dedicated to the use of a qualified pooled

28  and reusable pallet and container system, is located in

29  Florida, and is not retail equipment or motorized equipment.

30         2.  Costs incurred to purchase or convert retail

31  equipment at a qualified location if the retail equipment is

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






    Florida Senate - 2000                                   SB 724
    39-583-00                                               See HB




  1  at least 75 percent dedicated to the use of a qualified pooled

  2  and reusable pallet and container system and is located in

  3  Florida. A "qualified location" means premises where the

  4  taxpayer was engaged in retail sale activities on or before

  5  July 1, 2000.

  6         3.  Motorized equipment purchase costs if the motorized

  7  equipment is 75 percent dedicated to the qualified pooled and

  8  reusable pallet and container system and is located in

  9  Florida.

10         (3)  For purposes of paragraph (2)(d):

11         (a)  Equipment constituting a qualified pooled and

12  reusable pallet and container system shall be treated as at

13  least 75 percent dedicated to the use of a qualified pooled

14  and reusable pallet and container system.

15         (b)  Motorized equipment shall be treated as located in

16  Florida if the motorized equipment is physically located in

17  Florida at least 90 percent of the time, and other portable

18  equipment shall be treated as located in Florida if the

19  equipment is based in Florida.

20         (c)  Costs of acquiring or converting aircraft,

21  "over-the-road" transport vehicles, and waterborne vessels

22  shall not qualify as expenses eligible for the credit allowed

23  by this section.

24         (d)  "Retail equipment" means store racks, displays,

25  and other equipment primarily used to facilitate retail sales.

26         Section 2.  This act shall take effect July 1, 2000.

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






    Florida Senate - 2000                                   SB 724
    39-583-00                                               See HB




  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides a credit against the corporate income tax equal
  4    to 10 percent of the expenses related to the use of
      qualified pooled and reusable pallets and container
  5    systems incurred by eligible buyers. "Eligible buyers"
      include growers, ranchers, agricultural products packers
  6    and shippers, meat and produce retailers, and companies
      who rent such pallets and containers to such persons.
  7    Provides limitations and conditions.

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