House Bill hb1961e1

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                                          HB 1961, First Engrossed



  1                      A bill to be entitled

  2         An act relating to tax on sales, use, and other

  3         transactions; creating s. 212.213, F.S.;

  4         providing that it is the policy of this state

  5         that only those items, services, and other

  6         transactions deemed to be subject to said tax

  7         on July 1, 2001, shall be taxed under ch. 212,

  8         F.S., unless made subject to said tax by act of

  9         the Legislature; amending s. 212.08, F.S.;

10         revising the exemption for industrial machinery

11         and equipment; broadening the application of

12         the exemption; reducing the maximum amount of

13         the tax which is imposed on such machinery and

14         equipment; providing an effective date.

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

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18         Section 1.  Section 212.213, Florida Statutes, is

19  created to read:

20         212.213  State tax policy.--It is the policy of this

21  state that only those items, services, and other transactions

22  that are deemed to be subject to the tax imposed by this

23  chapter on July 1, 2001, shall be taxed under this chapter.

24  All other items, services, and transactions are exempt unless

25  made subject to the tax imposed by this chapter by act of the

26  Legislature. This section does not prohibit the imposition of

27  tax on any item, service, or other transaction that did not

28  exist on July 1, 2001, if that item, service, or other

29  transaction, had it existed on that date, would have been

30  deemed subject to the tax imposed by this chapter.

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                                          HB 1961, First Engrossed



  1         Section 2.  Paragraph (b) of subsection (5) of section

  2  212.08, Florida Statutes, is amended to read:

  3         212.08  Sales, rental, use, consumption, distribution,

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

  5  the rental, the use, the consumption, the distribution, and

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

  7  following are hereby specifically exempt from the tax imposed

  8  by this chapter.

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

10         (b)  Machinery and equipment used to increase

11  productive output.--

12         1.  Industrial machinery and equipment purchased for

13  exclusive use by a new business in spaceport activities as

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

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

16  tangible personal property at fixed locations are exempt from

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

18  the taxpayer to the satisfaction of the department that such

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

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

21  productive operations, and delivery of the purchased item must

22  be made within 12 months of that date.

23         2.a.  Industrial machinery and equipment purchased for

24  exclusive use by a an expanding facility that which is engaged

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

26  expanding manufacturing facilities or plant units which

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

28  tangible personal property at fixed locations in this state

29  are exempt from the any amount of tax imposed by this chapter

30  in excess of $40,000 $50,000 per calendar year upon an

31  affirmative showing by the taxpayer to the satisfaction of the


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                                          HB 1961, First Engrossed



  1  department that such items are used to increase the productive

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

  3  10 percent.

  4         b.  Notwithstanding any other provision of this

  5  section, industrial machinery and equipment purchased for use

  6  in expanding printing manufacturing facilities or plant units

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

  8  of tangible personal property at fixed locations in this state

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

10  an affirmative showing by the taxpayer to the satisfaction of

11  the department that such items are used to increase the

12  productive output of such an expanded business by not less

13  than 10 percent.

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

15  1. or subparagraph 2.b. 2., a qualifying business entity shall

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

17  The application shall state that a new business exemption or

18  expanded business exemption is being sought. Upon a tentative

19  affirmative determination by the department pursuant to

20  subparagraph 1. or subparagraph 2.b. 2., the department shall

21  issue such permit.

22         b.  The applicant shall be required to maintain all

23  necessary books and records to support the exemption. Upon

24  completion of purchases of qualified machinery and equipment

25  pursuant to subparagraph 1. or subparagraph 2.b. 2., the

26  temporary tax permit shall be delivered to the department or

27  returned to the department by certified or registered mail.

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

29  department, it is determined that the machinery and equipment

30  purchased as exempt under subparagraph 1. or subparagraph 2.b.

31  2. did not meet the criteria mandated by this paragraph or if


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                                          HB 1961, First Engrossed



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

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

  3  payable to the department by the business entity, together

  4  with the appropriate interest and penalty, computed from the

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

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

  7  apply for a temporary exemption permit or if the tentative

  8  determination by the department required to obtain a temporary

  9  exemption permit is negative, a qualifying business entity

10  shall receive the exemption provided in subparagraph 1. or

11  subparagraph 2.b. 2. through a refund of previously paid

12  taxes. No refund may be made for such taxes unless the

13  criteria mandated by subparagraph 1. or subparagraph 2.b. 2.

14  have been met and commencement of production has occurred.

15         4.  The department shall promulgate rules governing

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

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

18  manner and form of refund applications and may establish

19  guidelines as to the requisites for an affirmative showing of

20  increased productive output, commencement of production, and

21  qualification for exemption.

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

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

24  electric utility companies, communications companies, oil or

25  gas exploration or production operations, publishing firms

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

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

28  the Division of Hotels and Restaurants of the Department of

29  Business and Professional Regulation, or any firm which does

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

31  of tangible personal property or which does not use such


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                                          HB 1961, First Engrossed



  1  machinery and equipment in spaceport activities as required by

  2  this paragraph. The exemptions provided in subparagraphs 1.

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

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

  5  processing operations only by way of a prospective credit

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

  7  chapter on such machinery and equipment.

  8         6.  For the purposes of the exemptions provided in

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

10  meanings:

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

12  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

13  Internal Revenue Code, provided "industrial machinery and

14  equipment" shall be construed by regulations adopted by the

15  Department of Revenue to mean tangible property used as an

16  integral part of spaceport activities or of the manufacturing,

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

18  tangible personal property. Such term includes parts and

19  accessories only to the extent that the exemption thereof is

20  consistent with the provisions of this paragraph.

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

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

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

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

25  continuous months immediately following the completion of

26  installation of such machinery or equipment over the output

27  for the 12 continuous months immediately preceding such

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

29  period of time would more accurately reflect the increase in

30  productive output of machinery and equipment purchased to

31  facilitate an expansion, the increase in productive output may


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                                          HB 1961, First Engrossed



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

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

  3  Revenue and the expanding business prior to the commencement

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

  5  period begin later than 2 years following the completion of

  6  installation of the new machinery and equipment. The units

  7  used to measure productive output shall be physically

  8  comparable between the two periods, irrespective of sales.

  9         Section 3.  This act shall take effect July 1, 2001.

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