Senate Bill sb1978e1

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  1                      A bill to be entitled

  2         An act relating to tax administration;

  3         repealing s. 212.084(6), F.S.; eliminating

  4         provisions for temporary exemption

  5         certificates; repealing s. 212.08(7)(ccc),

  6         F.S.; eliminating the specific sales tax

  7         exemption for organizations providing crime

  8         prevention, drunk-driving prevention, and

  9         juvenile-delinquency-prevention services;

10         amending s. 212.08, F.S.; revising the

11         application of the sales tax exemption for the

12         sale of drinking water in bottles or other

13         containers; reinstating retroactively the sales

14         tax exemption for parent-teacher organizations

15         and parent-teacher associations; eliminating

16         obsolete provisions; requiring a purchaser to

17         file an affidavit stating the exempt nature of

18         a purchase with the selling vendor instead of

19         the Department of Revenue; providing for

20         retroactive application; replacing the

21         definition of the term "section 38 property"

22         with an express definition of the terms

23         "industrial machinery and equipment" and

24         "motion picture and video equipment"; providing

25         intent and purpose; imposing certain

26         requirements, for purposes of taxation, on the

27         removal of a motor vehicle from this state;

28         providing residency requirements of corporate

29         officers, corporate stockholders, and partners

30         in a partnership relating to the taxable status

31         of sales of motor vehicles; amending s. 212.06,


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  1         F.S.; clarifying the definition of the term

  2         "fixtures"; eliminating reference to the term

  3         "trade fixture"; amending s. 212.08, F.S.;

  4         replacing the Interstate Commerce Commission

  5         with the Surface Transportation Board as the

  6         entity that licenses certain railroads as

  7         common carriers; providing that, for a vessel,

  8         railroad, or motor carrier engaged in

  9         interstate or foreign commerce, sales tax

10         applies to taxable purchases in this state and

11         applies even if the vessel, railroad, or motor

12         carrier has operated for less than a fiscal

13         year; amending s. 212.11, F.S.; requiring a

14         dealer that claims certain tax credits by

15         reason of engaging in specified activities to

16         submit reports to the Department of Revenue;

17         providing requirements for such reports;

18         authorizing the department to adopt rules;

19         providing for the disallowance of any credit

20         not supported by a report; amending s. 212.20,

21         F.S.; providing that newly incorporated

22         municipalities meeting certain criteria are

23         eligible to receive revenue sharing pursuant to

24         s. 218.245, F.S.; amending s. 218.21, F.S.;

25         providing a formula for revenue sharing

26         distributions made for a specified fiscal year;

27         amending s. 220.22, F.S.; eliminating the

28         initial year's information return for certain

29         corporations; repealing s. 624.509(10), F.S.,

30         which provides for an exemption from the

31         insurance premium tax for insurers who write


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  1         monoline flood insurance policies; repealing s.

  2         213.27(9), F.S., which authorizes the

  3         Department of Revenue to contract with certain

  4         vendors to develop and implement a voluntary

  5         system for sales and use tax collection and

  6         administration; creating s. 213.256, F.S., the

  7         Simplified Sales and Use Tax Administration

  8         Act; defining terms; authorizing the

  9         department's participation in the Streamlined

10         Sales and Use Tax Agreement; providing that

11         each state that is a party to the agreement

12         must abide by certain requirements in order for

13         the department to enter into the agreement;

14         ensuring that when this state complies with the

15         agreement, the agreement cannot be used to

16         challenge existing state laws and statutes;

17         providing for the collection and remittance of

18         the sales and use tax under the agreement;

19         providing for maintenance of confidentiality of

20         certain information; providing a penalty;

21         requiring the department to make annual

22         recommendations to the Legislature concerning

23         provisions that need to be adopted in order to

24         bring this state's system into compliance with

25         the Streamlined Sales and Use Tax Agreement;

26         amending s. 213.285, F.S.; delaying the future

27         repeal of the certified audit project; amending

28         ss. 213.053, 213.21, F.S.; conforming repeal

29         dates; amending s. 213.30, F.S.; clarifying

30         that the rewards program is the only available

31         means of obtaining compensation for information


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  1         regarding another person's failure to comply

  2         with the state's tax laws; amending s. 11, ch.

  3         2000-165, Laws of Florida; clarifying which

  4         provisions of ch. 213, F.S., apply to the

  5         collection of unemployment contributions;

  6         amending s. 45.031, F.S.; requiring the clerk

  7         of court to give notice to the Department of

  8         Revenue if there is a surplus resulting from

  9         the foreclosure of an unemployment compensation

10         tax lien; amending s. 69.041, F.S.; permitting

11         the department to participate in the

12         disbursement of unemployment compensation tax

13         lien foreclosure funds; amending s. 213.053,

14         F.S.; providing for confidentiality and

15         information sharing; abrogating the expiration

16         of s. 215.20(3), F.S., relating to service

17         charges against certain trust funds,

18         notwithstanding s. 10, ch. 90-110, Laws of

19         Florida; repealing s. 4 of ch. 96-395, Laws of

20         Florida, which provides for the repeal of

21         exemptions provided for certain citizen support

22         organizations and the Florida Folk Festival;

23         providing for retroactive applicability;

24         amending s. 201.02, F.S., relating to the tax

25         on deeds and other instruments; exempting deeds

26         and other instruments from the tax if property

27         is conveyed from an electric utility to a

28         regional transmission organization; amending s.

29         212.02, F.S.; excluding from the definition of

30         "lease," "let," "rental," or "license" certain

31         payments made by a regional transmission


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  1         organization to an electric utility; amending

  2         s. 212.031, F.S.; exempting property occupied

  3         or used by certain regional transmission

  4         organizations from the tax on the lease or

  5         rental of or license in real property; amending

  6         s. 201.08, F.S.; providing a limit on the

  7         amount of the tax on promissory or

  8         nonnegotiable notes, written obligations to pay

  9         money, and assignments of wages or other

10         compensation and on certain promissory or

11         nonnegotiable notes, written obligations to pay

12         money, or other compensation made in connection

13         with sales made under retail charge account

14         services; creating s. 443.1315, F.S.; providing

15         definitions; providing for treatment of Indian

16         tribes under the Unemployment Compensation Law;

17         providing that Indian tribes or tribal units

18         may elect to make payments in lieu of

19         contributions and providing requirements with

20         respect thereto; providing that such Indian

21         tribe or tribal unit may be required to file a

22         bond or deposit security at the discretion of

23         the director of the Agency for Workforce

24         Innovation; providing effect of failure of such

25         tribe or unit to make required payments;

26         providing requirements for notices; providing

27         responsibility for certain extended benefits;

28         providing for rules; providing for retroactive

29         application; amending s. 443.131, F.S.;

30         reducing the Unemployment Compensation Trust

31         Fund balance thresholds used in computing


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  1         unemployment compensation contribution rate

  2         adjustment factors; amending s. 561.501, F.S.;

  3         providing an exemption from the surcharge on

  4         alcoholic beverages for specified nonprofit

  5         organizations; amending s. 236.25, F.S.;

  6         allowing certain school districts to levy, by

  7         referendum, additional district school taxes;

  8         providing limitations on the uses of the

  9         resulting revenues; amending s. 236.31, F.S.;

10         providing for millage elections pursuant to s.

11         236.25, F.S.; amending s. 236.32, F.S.;

12         revising the procedures for conducting school

13         district millage elections; providing effective

14         dates.

15

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

17

18         Section 1.  Subsection (6) of section 212.084, Florida

19  Statutes, is repealed.

20         Section 2.  Effective July 1, 2001, paragraph (a) of

21  subsection (4) and subsection (7) of section 212.08, Florida

22  Statutes, are amended to read:

23         212.08  Sales, rental, use, consumption, distribution,

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

25  the rental, the use, the consumption, the distribution, and

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

27  following are hereby specifically exempt from the tax imposed

28  by this chapter.

29         (4)  EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES,

30  ETC.--

31         (a)  Also exempt are:


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  1         1.  Water delivered to the purchaser through pipes or

  2  conduits or delivered for irrigation purposes. The sale of

  3  drinking water in bottles, cans, or other containers,

  4  including water that contains minerals or carbonation in its

  5  natural state or water to which minerals have been added at a

  6  water treatment facility regulated by the Department of

  7  Environmental Protection or the Department of Health, is

  8  exempt. This exemption does not apply to the sale of drinking

  9  water in bottles, cans, or other containers if carbonation,

10  minerals, or flavorings, except those added at a water

11  treatment facility, have been added. Water that has been

12  enhanced by the addition of minerals and that does not contain

13  any added carbonation or flavorings is also exempt.

14         2.  All fuels used by a public or private utility,

15  including any municipal corporation or rural electric

16  cooperative association, in the generation of electric power

17  or energy for sale.  Fuel other than motor fuel and diesel

18  fuel is taxable as provided in this chapter with the exception

19  of fuel expressly exempt herein.  Motor fuels and diesel fuels

20  are taxable as provided in chapter 206, with the exception of

21  those motor fuels and diesel fuels used by railroad

22  locomotives or vessels to transport persons or property in

23  interstate or foreign commerce, which are taxable under this

24  chapter only to the extent provided herein.  The basis of the

25  tax shall be the ratio of intrastate mileage to interstate or

26  foreign mileage traveled by the carrier's railroad locomotives

27  or vessels that were used in interstate or foreign commerce

28  and that had at least some Florida mileage during the previous

29  fiscal year of the carrier, such ratio to be determined at the

30  close of the fiscal year of the carrier.  This ratio shall be

31  applied each month to the total Florida purchases made in this


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  1  state of motor and diesel fuels to establish that portion of

  2  the total used and consumed in intrastate movement and subject

  3  to tax under this chapter. The basis for imposition of any

  4  discretionary surtax shall be set forth in s. 212.054. Fuels

  5  used exclusively in intrastate commerce do not qualify for the

  6  proration of tax.

  7         3.  The transmission or wheeling of electricity.

  8         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

  9  any entity by this chapter do not inure to any transaction

10  that is otherwise taxable under this chapter when payment is

11  made by a representative or employee of the entity by any

12  means, including, but not limited to, cash, check, or credit

13  card, even when that representative or employee is

14  subsequently reimbursed by the entity. In addition, exemptions

15  provided to any entity by this subsection do not inure to any

16  transaction that is otherwise taxable under this chapter

17  unless the entity has obtained a sales tax exemption

18  certificate from the department or the entity obtains or

19  provides other documentation as required by the department.

20  Eligible purchases or leases made with such a certificate must

21  be in strict compliance with this subsection and departmental

22  rules, and any person who makes an exempt purchase with a

23  certificate that is not in strict compliance with this

24  subsection and the rules is liable for and must pay the tax.

25  The department may adopt rules to administer this subsection.

26         (a)  Artificial commemorative flowers.--Exempt from the

27  tax imposed by this chapter is the sale of artificial

28  commemorative flowers by bona fide nationally chartered

29  veterans' organizations.

30         (b)  Boiler fuels.--When purchased for use as a

31  combustible fuel, purchases of natural gas, residual oil,


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  1  recycled oil, waste oil, solid waste material, coal, sulfur,

  2  wood, wood residues or wood bark used in an industrial

  3  manufacturing, processing, compounding, or production process

  4  at a fixed location in this state are exempt from the taxes

  5  imposed by this chapter; however, such exemption shall not be

  6  allowed unless the purchaser signs a certificate stating that

  7  the fuel to be exempted is for the exclusive use designated

  8  herein. This exemption does not apply to the use of boiler

  9  fuels that are not used in manufacturing, processing,

10  compounding, or producing items of tangible personal property

11  for sale, or to the use of boiler fuels used by any firm

12  subject to regulation by the Division of Hotels and

13  Restaurants of the Department of Business and Professional

14  Regulation.

15         (c)  Crustacea bait.--Also exempt from the tax imposed

16  by this chapter is the purchase by commercial fishers of bait

17  intended solely for use in the entrapment of Callinectes

18  sapidus and Menippe mercenaria.

19         (d)  Feeds.--Feeds for poultry, ostriches, and

20  livestock, including racehorses and dairy cows, are exempt.

21         (e)  Film rentals.--Film rentals are exempt when an

22  admission is charged for viewing such film, and license fees

23  and direct charges for films, videotapes, and transcriptions

24  used by television or radio stations or networks are exempt.

25         (f)  Flags.--Also exempt are sales of the flag of the

26  United States and the official state flag of Florida.

27         (g)  Florida Retired Educators Association and its

28  local chapters.--Also exempt from payment of the tax imposed

29  by this chapter are purchases of office supplies, equipment,

30  and publications made by the Florida Retired Educators

31  Association and its local chapters.


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  1         (h)  Guide dogs for the blind.--Also exempt are the

  2  sale or rental of guide dogs for the blind, commonly referred

  3  to as "seeing-eye dogs," and the sale of food or other items

  4  for such guide dogs.

  5         1.  The department shall issue a consumer's certificate

  6  of exemption to any blind person who holds an identification

  7  card as provided for in s. 413.091 and who either owns or

  8  rents, or contemplates the ownership or rental of, a guide dog

  9  for the blind. The consumer's certificate of exemption shall

10  be issued without charge and shall be of such size as to be

11  capable of being carried in a wallet or billfold.

12         2.  The department shall make such rules concerning

13  items exempt from tax under the provisions of this paragraph

14  as may be necessary to provide that any person authorized to

15  have a consumer's certificate of exemption need only present

16  such a certificate at the time of paying for exempt goods and

17  shall not be required to pay any tax thereon.

18         (i)  Hospital meals and rooms.--Also exempt from

19  payment of the tax imposed by this chapter on rentals and

20  meals are patients and inmates of any hospital or other

21  physical plant or facility designed and operated primarily for

22  the care of persons who are ill, aged, infirm, mentally or

23  physically incapacitated, or otherwise dependent on special

24  care or attention. Residents of a home for the aged are exempt

25  from payment of taxes on meals provided through the facility.

26  A home for the aged is defined as a facility that is licensed

27  or certified in part or in whole under chapter 400 or chapter

28  651, or that is financed by a mortgage loan made or insured by

29  the United States Department of Housing and Urban Development

30  under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4),

31  s. 232, or s. 236 of the National Housing Act, or other such


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  1  similar facility designed and operated primarily for the care

  2  of the aged.

  3         (j)  Household fuels.--Also exempt from payment of the

  4  tax imposed by this chapter are sales of utilities to

  5  residential households or owners of residential models in this

  6  state by utility companies who pay the gross receipts tax

  7  imposed under s. 203.01, and sales of fuel to residential

  8  households or owners of residential models, including oil,

  9  kerosene, liquefied petroleum gas, coal, wood, and other fuel

10  products used in the household or residential model for the

11  purposes of heating, cooking, lighting, and refrigeration,

12  regardless of whether such sales of utilities and fuels are

13  separately metered and billed direct to the residents or are

14  metered and billed to the landlord. If any part of the utility

15  or fuel is used for a nonexempt purpose, the entire sale is

16  taxable. The landlord shall provide a separate meter for

17  nonexempt utility or fuel consumption.  For the purposes of

18  this paragraph, licensed family day care homes shall also be

19  exempt.

20         (k)  Meals provided by certain nonprofit

21  organizations.--There is exempt from the tax imposed by this

22  chapter the sale of prepared meals by a nonprofit volunteer

23  organization to handicapped, elderly, or indigent persons when

24  such meals are delivered as a charitable function by the

25  organization to such persons at their places of residence.

26         (l)  Organizations providing special educational,

27  cultural, recreational, and social benefits to minors.--Also

28  exempt from the tax imposed by this chapter are sales or

29  leases to and sales of donated property by nonprofit

30  organizations which are incorporated pursuant to chapter 617

31  the primary purpose of which is providing activities that


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  1  contribute to the development of good character or good

  2  sportsmanship, or to the educational or cultural development,

  3  of minors.  This exemption is extended only to that level of

  4  the organization that has a salaried executive officer or an

  5  elected nonsalaried executive officer. For the purpose of this

  6  paragraph, the term "donated property" means any property

  7  transferred to such nonprofit organization for less than 50

  8  percent of its fair market value.

  9         (m)  Religious institutions.--

10         1.  There are exempt from the tax imposed by this

11  chapter transactions involving sales or leases directly to

12  religious institutions when used in carrying on their

13  customary nonprofit religious activities or sales or leases of

14  tangible personal property by religious institutions having an

15  established physical place for worship at which nonprofit

16  religious services and activities are regularly conducted and

17  carried on.

18         2.  As used in this paragraph, the term "religious

19  institutions" means churches, synagogues, and established

20  physical places for worship at which nonprofit religious

21  services and activities are regularly conducted and carried

22  on. The term "religious institutions" includes nonprofit

23  corporations the sole purpose of which is to provide free

24  transportation services to church members, their families, and

25  other church attendees. The term "religious institutions" also

26  includes nonprofit state, nonprofit district, or other

27  nonprofit governing or administrative offices the function of

28  which is to assist or regulate the customary activities of

29  religious institutions. The term "religious institutions" also

30  includes any nonprofit corporation that is qualified as

31  nonprofit under s. 501(c)(3) of the Internal Revenue Code of


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  1  1986, as amended, and that owns and operates a Florida

  2  television station, at least 90 percent of the programming of

  3  which station consists of programs of a religious nature and

  4  the financial support for which, exclusive of receipts for

  5  broadcasting from other nonprofit organizations, is

  6  predominantly from contributions from the general public. The

  7  term "religious institutions" also includes any nonprofit

  8  corporation that is qualified as nonprofit under s. 501(c)(3)

  9  of the Internal Revenue Code of 1986, as amended, the primary

10  activity of which is making and distributing audio recordings

11  of religious scriptures and teachings to blind or visually

12  impaired persons at no charge. The term "religious

13  institutions" also includes any nonprofit corporation that is

14  qualified as nonprofit under s. 501(c)(3) of the Internal

15  Revenue Code of 1986, as amended, the sole or primary function

16  of which is to provide, upon invitation, nonprofit religious

17  services, evangelistic services, religious education,

18  administrative assistance, or missionary assistance for a

19  church, synagogue, or established physical place of worship at

20  which nonprofit religious services and activities are

21  regularly conducted.

22         (n)  Veterans' organizations.--

23         1.  There are exempt from the tax imposed by this

24  chapter transactions involving sales or leases to qualified

25  veterans' organizations and their auxiliaries when used in

26  carrying on their customary veterans' organization activities.

27         2.  As used in this paragraph, the term "veterans'

28  organizations" means nationally chartered or recognized

29  veterans' organizations, including, but not limited to,

30  Florida chapters of the Paralyzed Veterans of America,

31  Catholic War Veterans of the U.S.A., Jewish War Veterans of


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  1  the U.S.A., and the Disabled American Veterans, Department of

  2  Florida, Inc., which hold current exemptions from federal

  3  income tax under s. 501(c)(4) or (19) of the Internal Revenue

  4  Code of 1986, as amended.

  5         (o)  Schools, colleges, and universities.--Also exempt

  6  from the tax imposed by this chapter are sales or leases to

  7  state tax-supported schools, colleges, or universities.

  8         (p)  Section 501(c)(3) organizations.--Also exempt from

  9  the tax imposed by this chapter are sales or leases to

10  organizations determined by the Internal Revenue Service to be

11  currently exempt from federal income tax pursuant to s.

12  501(c)(3) of the Internal Revenue Code of 1986, as amended,

13  when such leases or purchases are used in carrying on their

14  customary nonprofit activities.

15         (q)  Resource recovery equipment.--Also exempt is

16  resource recovery equipment which is owned and operated by or

17  on behalf of any county or municipality, certified by the

18  Department of Environmental Protection under the provisions of

19  s. 403.715.

20         (r)  School books and school lunches.--This exemption

21  applies to school books used in regularly prescribed courses

22  of study, and to school lunches served in public, parochial,

23  or nonprofit schools operated for and attended by pupils of

24  grades K through 12.  Yearbooks, magazines, newspapers,

25  directories, bulletins, and similar publications distributed

26  by such educational institutions to their students are also

27  exempt. School books and food sold or served at community

28  colleges and other institutions of higher learning are

29  taxable.

30         (s)  Tasting beverages.--Vinous and alcoholic beverages

31  provided by distributors or vendors for the purpose of "wine


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  1  tasting" and "spirituous beverage tasting" as contemplated

  2  under the provisions of ss. 564.06 and 565.12, respectively,

  3  are exempt from the tax imposed by this chapter.

  4         (t)  Boats temporarily docked in state.--

  5         1.  Notwithstanding the provisions of chapter 328,

  6  pertaining to the registration of vessels, a boat upon which

  7  the state sales or use tax has not been paid is exempt from

  8  the use tax under this chapter if it enters and remains in

  9  this state for a period not to exceed a total of 20 days in

10  any calendar year calculated from the date of first dockage or

11  slippage at a facility, registered with the department, that

12  rents dockage or slippage space in this state.  If a boat

13  brought into this state for use under this paragraph is placed

14  in a facility, registered with the department, for repairs,

15  alterations, refitting, or modifications and such repairs,

16  alterations, refitting, or modifications are supported by

17  written documentation, the 20-day period shall be tolled

18  during the time the boat is physically in the care, custody,

19  and control of the repair facility, including the time spent

20  on sea trials conducted by the facility.  The 20-day time

21  period may be tolled only once within a calendar year when a

22  boat is placed for the first time that year in the physical

23  care, custody, and control of a registered repair facility;

24  however, the owner may request and the department may grant an

25  additional tolling of the 20-day period for purposes of

26  repairs that arise from a written guarantee given by the

27  registered repair facility, which guarantee covers only those

28  repairs or modifications made during the first tolled period.

29  Within 72 hours after the date upon which the registered

30  repair facility took possession of the boat, the facility must

31  have in its possession, on forms prescribed by the department,


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  1  an affidavit which states that the boat is under its care,

  2  custody, and control and that the owner does not use the boat

  3  while in the facility.  Upon completion of the repairs,

  4  alterations, refitting, or modifications, the registered

  5  repair facility must, within 72 hours after the date of

  6  release, have in its possession a copy of the release form

  7  which shows the date of release and any other information the

  8  department requires. The repair facility shall maintain a log

  9  that documents all alterations, additions, repairs, and sea

10  trials during the time the boat is under the care, custody,

11  and control of the facility.  The affidavit shall be

12  maintained by the registered repair facility as part of its

13  records for as long as required by s. 213.35.  When, within 6

14  months after the date of its purchase, a boat is brought into

15  this state under this paragraph, the 6-month period provided

16  in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled.

17         2.  During the period of repairs, alterations,

18  refitting, or modifications and during the 20-day period

19  referred to in subparagraph 1., the boat may be listed for

20  sale, contracted for sale, or sold exclusively by a broker or

21  dealer registered with the department without incurring a use

22  tax under this chapter; however, the sales tax levied under

23  this chapter applies to such sale.

24         3.  The mere storage of a boat at a registered repair

25  facility does not qualify as a tax-exempt use in this state.

26         4.  As used in this paragraph, "registered repair

27  facility" means:

28         a.  A full-service facility that:

29         (I)  Is located on a navigable body of water;

30

31


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  1         (II)  Has haulout capability such as a dry dock, travel

  2  lift, railway, or similar equipment to service craft under the

  3  care, custody, and control of the facility;

  4         (III)  Has adequate piers and storage facilities to

  5  provide safe berthing of vessels in its care, custody, and

  6  control; and

  7         (IV)  Has necessary shops and equipment to provide

  8  repair or warranty work on vessels under the care, custody,

  9  and control of the facility;

10         b.  A marina that:

11         (I)  Is located on a navigable body of water;

12         (II)  Has adequate piers and storage facilities to

13  provide safe berthing of vessels in its care, custody, and

14  control; and

15         (III)  Has necessary shops and equipment to provide

16  repairs or warranty work on vessels; or

17         c.  A shoreside facility that:

18         (I)  Is located on a navigable body of water;

19         (II)  Has adequate piers and storage facilities to

20  provide safe berthing of vessels in its care, custody, and

21  control; and

22         (III)  Has necessary shops and equipment to provide

23  repairs or warranty work.

24         (u)  Volunteer fire departments.--Also exempt are

25  firefighting and rescue service equipment and supplies

26  purchased by volunteer fire departments, duly chartered under

27  the Florida Statutes as corporations not for profit.

28         (v)  Professional services.--

29         1.  Also exempted are professional, insurance, or

30  personal service transactions that involve sales as

31


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    CS for SB 1978                                 First Engrossed



  1  inconsequential elements for which no separate charges are

  2  made.

  3         2.  The personal service transactions exempted pursuant

  4  to subparagraph 1. do not exempt the sale of information

  5  services involving the furnishing of printed, mimeographed, or

  6  multigraphed matter, or matter duplicating written or printed

  7  matter in any other manner, other than professional services

  8  and services of employees, agents, or other persons acting in

  9  a representative or fiduciary capacity or information services

10  furnished to newspapers and radio and television stations.  As

11  used in this subparagraph, the term "information services"

12  includes the services of collecting, compiling, or analyzing

13  information of any kind or nature and furnishing reports

14  thereof to other persons.

15         3.  This exemption does not apply to any service

16  warranty transaction taxable under s. 212.0506.

17         4.  This exemption does not apply to any service

18  transaction taxable under s. 212.05(1)(j).

19         (w)  Certain newspaper, magazine, and newsletter

20  subscriptions, shoppers, and community newspapers.--Likewise

21  exempt are newspaper, magazine, and newsletter subscriptions

22  in which the product is delivered to the customer by mail.

23  Also exempt are free, circulated publications that are

24  published on a regular basis, the content of which is

25  primarily advertising, and that are distributed through the

26  mail, home delivery, or newsstands. The exemption for

27  newspaper, magazine, and newsletter subscriptions which is

28  provided in this paragraph applies only to subscriptions

29  entered into after March 1, 1997.

30         (x)  Sporting equipment brought into the

31  state.--Sporting equipment brought into Florida, for a period


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    CS for SB 1978                                 First Engrossed



  1  of not more than 4 months in any calendar year, used by an

  2  athletic team or an individual athlete in a sporting event is

  3  exempt from the use tax if such equipment is removed from the

  4  state within 7 days after the completion of the event.

  5         (y)  Charter fishing vessels.--The charge for

  6  chartering any boat or vessel, with the crew furnished, solely

  7  for the purpose of fishing is exempt from the tax imposed

  8  under s. 212.04 or s. 212.05.  This exemption does not apply

  9  to any charge to enter or stay upon any "head-boat," party

10  boat, or other boat or vessel.  Nothing in this paragraph

11  shall be construed to exempt any boat from sales or use tax

12  upon the purchase thereof except as provided in paragraph (t)

13  and s. 212.05.

14         (z)  Vending machines sponsored by nonprofit or

15  charitable organizations.--Also exempt are food or drinks for

16  human consumption sold for 25 cents or less through a

17  coin-operated vending machine sponsored by a nonprofit

18  corporation qualified as nonprofit pursuant to s. 501(c)(3) or

19  (4) of the Internal Revenue Code of 1986, as amended.

20         (aa)  Certain commercial vehicles.--Also exempt is the

21  sale, lease, or rental of a commercial motor vehicle as

22  defined in s. 207.002(2), when the following conditions are

23  met:

24         1.  The sale, lease, or rental occurs between two

25  commonly owned and controlled corporations;

26         2.  Such vehicle was titled and registered in this

27  state at the time of the sale, lease, or rental; and

28         3.  Florida sales tax was paid on the acquisition of

29  such vehicle by the seller, lessor, or renter.

30         (bb)  Community cemeteries.--Also exempt are purchases

31  by any nonprofit corporation that has qualified under s.


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    CS for SB 1978                                 First Engrossed



  1  501(c)(13) of the Internal Revenue Code of 1986, as amended,

  2  and is operated for the purpose of maintaining a cemetery that

  3  was donated to the community by deed.

  4         (cc)  Works of art.--

  5         1.  Also exempt are works of art sold to or used by an

  6  educational institution.

  7         2.  This exemption also applies to the sale to or use

  8  in this state of any work of art by any person if it was

  9  purchased or imported exclusively for the purpose of being

10  donated to any educational institution, or loaned to and made

11  available for display by any educational institution, provided

12  that the term of the loan agreement is for at least 10 years.

13         3.  The exemption provided by this paragraph for

14  donations is allowed only if the person who purchased the work

15  of art transfers title to the donated work of art to an

16  educational institution. Such transfer of title shall be

17  evidenced by an affidavit meeting requirements established by

18  rule to document entitlement to the exemption. Nothing in this

19  paragraph shall preclude a work of art donated to an

20  educational institution from remaining in the possession of

21  the donor or purchaser, as long as title to the work of art

22  lies with the educational institution.

23         4.  A work of art is presumed to have been purchased in

24  or imported into this state exclusively for loan as provided

25  in subparagraph 2., if it is so loaned or placed in storage in

26  preparation for such a loan within 90 days after purchase or

27  importation, whichever is later; but a work of art is not

28  deemed to be placed in storage in preparation for loan for

29  purposes of this exemption if it is displayed at any place

30  other than an educational institution.

31


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    CS for SB 1978                                 First Engrossed



  1         5.  The exemptions provided by this paragraph are

  2  allowed only if the person who purchased the work of art gives

  3  to the vendor an affidavit meeting the requirements,

  4  established by rule, to document entitlement to the exemption.

  5  The person who purchased the work of art shall forward a copy

  6  of such affidavit to the Department of Revenue at the time it

  7  is issued to the vendor.

  8         6.  The exemption for loans provided by subparagraph 2.

  9  applies only for the period during which a work of art is in

10  the possession of the educational institution or is in storage

11  before transfer of possession to that institution; and when it

12  ceases to be so possessed or held, tax based upon the sales

13  price paid by the owner is payable, and the statute of

14  limitations provided in s. 95.091 shall begin to run at that

15  time. However, tax shall not become due if the work of art is

16  donated to an educational institution after the loan ceases.

17         7.  Any educational institution to which a work of art

18  has been donated pursuant to this paragraph shall make

19  available to the department the title to the work of art and

20  any other relevant information. Any educational institution

21  which has received a work of art on loan pursuant to this

22  paragraph shall make available to the department information

23  relating to the work of art. Any educational institution that

24  transfers from its possession a work of art as defined by this

25  paragraph which has been loaned to it must notify the

26  Department of Revenue within 60 days after the transfer.

27         8.  For purposes of the exemptions provided by this

28  paragraph, the term:

29         a.  "Educational institutions" includes state

30  tax-supported, parochial, church, and nonprofit private

31  schools, colleges, or universities that conduct regular


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    CS for SB 1978                                 First Engrossed



  1  classes and courses of study required for accreditation by or

  2  membership in the Southern Association of Colleges and

  3  Schools, the Florida Council of Independent Schools, or the

  4  Florida Association of Christian Colleges and Schools, Inc.;

  5  nonprofit private schools that conduct regular classes and

  6  courses of study accepted for continuing education credit by a

  7  board of the Division of Medical Quality Assurance of the

  8  Department of Health; or nonprofit libraries, art galleries,

  9  performing arts centers that provide educational programs to

10  school children, which programs involve performances or other

11  educational activities at the performing arts center and serve

12  a minimum of 50,000 school children a year, and museums open

13  to the public.

14         b.  "Work of art" includes pictorial representations,

15  sculpture, jewelry, antiques, stamp collections and coin

16  collections, and other tangible personal property, the value

17  of which is attributable predominantly to its artistic,

18  historical, political, cultural, or social importance.

19         (dd)  Taxicab leases.--The lease of or license to use a

20  taxicab or taxicab-related equipment and services provided by

21  a taxicab company to an independent taxicab operator are

22  exempt, provided, however, the exemptions provided under this

23  paragraph only apply if sales or use tax has been paid on the

24  acquisition of the taxicab and its related equipment.

25         (ee)  Aircraft repair and maintenance labor

26  charges.--There shall be exempt from the tax imposed by this

27  chapter all labor charges for the repair and maintenance of

28  aircraft of more than 15,000 pounds maximum certified takeoff

29  weight and rotary wing aircraft of more than 10,000 pounds

30  maximum certified takeoff weight. Except as otherwise provided

31


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    CS for SB 1978                                 First Engrossed



  1  in this chapter, charges for parts and equipment furnished in

  2  connection with such labor charges are taxable.

  3         (ff)  Certain electricity or steam uses.--

  4         1.  Subject to the provisions of subparagraph 4.,

  5  charges for electricity or steam used to operate machinery and

  6  equipment at a fixed location in this state when such

  7  machinery and equipment is used to manufacture, process,

  8  compound, produce, or prepare for shipment items of tangible

  9  personal property for sale, or to operate pollution control

10  equipment, recycling equipment, maintenance equipment, or

11  monitoring or control equipment used in such operations are

12  exempt to the extent provided in this paragraph. If 75 percent

13  or more of the electricity or steam used at the fixed location

14  is used to operate qualifying machinery or equipment, 100

15  percent of the charges for electricity or steam used at the

16  fixed location are exempt. If less than 75 percent but 50

17  percent or more of the electricity or steam used at the fixed

18  location is used to operate qualifying machinery or equipment,

19  50 percent of the charges for electricity or steam used at the

20  fixed location are exempt. If less than 50 percent of the

21  electricity or steam used at the fixed location is used to

22  operate qualifying machinery or equipment, none of the charges

23  for electricity or steam used at the fixed location are

24  exempt.

25         2.  This exemption applies only to industries

26  classified under SIC Industry Major Group Numbers 10, 12, 13,

27  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

28  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

29  in this paragraph, "SIC" means those classifications contained

30  in the Standard Industrial Classification Manual, 1987, as

31


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    CS for SB 1978                                 First Engrossed



  1  published by the Office of Management and Budget, Executive

  2  Office of the President.

  3         3.  Possession by a seller of a written certification

  4  by the purchaser, certifying the purchaser's entitlement to an

  5  exemption permitted by this subsection, relieves the seller

  6  from the responsibility of collecting the tax on the

  7  nontaxable amounts, and the department shall look solely to

  8  the purchaser for recovery of such tax if it determines that

  9  the purchaser was not entitled to the exemption.

10         4.  Such exemption shall be applied as follows:

11         a.  Beginning July 1, 1996, 20 percent of the charges

12  for such electricity shall be exempt.

13         b.  Beginning July 1, 1997, 40 percent of the charges

14  for such electricity shall be exempt.

15         c.  Beginning July 1, 1998, 60 percent of the charges

16  for such electricity or steam shall be exempt.

17         d.  Beginning July 1, 1999, 80 percent of the charges

18  for such electricity or steam shall be exempt.

19         e.  Beginning July 1, 2000, 100 percent of the charges

20  for such electricity or steam shall be exempt.

21         5.  Notwithstanding any other provision in this

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

23  provided in this paragraph a taxpayer must first register with

24  the WAGES Program Business Registry established by the local

25  WAGES coalition for the area in which the taxpayer is located.

26  Such registration establishes a commitment on the part of the

27  taxpayer to hire WAGES program participants to the maximum

28  extent possible consistent with the nature of their business.

29         5.6.a.  In order to determine whether the exemption

30  provided in this paragraph from the tax on charges for

31  electricity or steam has an effect on retaining or attracting


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    CS for SB 1978                                 First Engrossed



  1  companies to this state, the Office of Program Policy Analysis

  2  and Government Accountability shall monitor and report on the

  3  industries receiving the exemption.

  4         b.  The report shall be submitted no later than January

  5  1, 2001, and must be comprehensive in scope, but, at a

  6  minimum, must be conducted in such a manner as to specifically

  7  determine the number of companies within each SIC Industry

  8  Major Group receiving the exemption as of September 1, 2000,

  9  the number of individuals employed by companies within each

10  SIC Industry Major Group receiving the exemption as of

11  September 1, 2000, whether the change, if any, in such number

12  of companies or employees is attributable to the exemption

13  provided in this paragraph, whether it would be sound public

14  policy to continue or discontinue the exemption, and the

15  consequences of doing so.

16         c.  The report shall be submitted to the President of

17  the Senate, the Speaker of the House of Representatives, the

18  Senate Minority Leader, and the House Minority Leader.

19         (gg)  Fair associations.--Also exempt from the tax

20  imposed by this chapter is the sale, use, lease, rental, or

21  grant of a license to use, made directly to or by a fair

22  association, of real or tangible personal property; any charge

23  made by a fair association, or its agents, for parking,

24  admissions, or for temporary parking of vehicles used for

25  sleeping quarters; rentals, subleases, and sublicenses of real

26  or tangible personal property between the owner of the central

27  amusement attraction and any owner of an amusement ride, as

28  those terms are used in ss. 616.15(1)(b) and 616.242(3)(a),

29  for the furnishing of amusement rides at a public fair or

30  exposition; and other transactions of a fair association which

31  are incurred directly by the fair association in the


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    CS for SB 1978                                 First Engrossed



  1  financing, construction, and operation of a fair, exposition,

  2  or other event or facility that is authorized by s. 616.08. As

  3  used in this paragraph, the terms "fair association" and

  4  "public fair or exposition" have the same meaning as those

  5  terms are defined in s. 616.001. This exemption does not apply

  6  to the sale of tangible personal property made by a fair

  7  association through an agent or independent contractor; sales

  8  of admissions and tangible personal property by a

  9  concessionaire, vendor, exhibitor, or licensee; or rentals and

10  subleases of tangible personal property or real property

11  between the owner of the central amusement attraction and a

12  concessionaire, vendor, exhibitor, or licensee, except for the

13  furnishing of amusement rides, which transactions are exempt.

14         (hh)  Citizen support organizations.--Also exempt from

15  the tax imposed by this chapter are sales or leases to

16  nonprofit organizations that are incorporated under chapter

17  617 and that have been designated citizen support

18  organizations in support of state-funded environmental

19  programs or the management of state-owned lands in accordance

20  with s. 20.2551, or to support one or more state parks in

21  accordance with s. 258.015.

22         (ii)  Florida Folk Festival.--There shall be exempt

23  from the tax imposed by this chapter income of a revenue

24  nature received from admissions to the Florida Folk Festival

25  held pursuant to s. 267.16 at the Stephen Foster State Folk

26  Culture Center, a unit of the state park system.

27         (jj)  Solar energy systems.--Also exempt are solar

28  energy systems or any component thereof.  The Florida Solar

29  Energy Center shall from time to time certify to the

30  department a list of equipment and requisite hardware

31


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    CS for SB 1978                                 First Engrossed



  1  considered to be a solar energy system or a component thereof.

  2  This exemption is repealed July 1, 2005.

  3         (kk)  Nonprofit cooperative hospital laundries.--Also

  4  exempt from the tax imposed by this chapter are sales or

  5  leases to nonprofit organizations that are incorporated under

  6  chapter 617 and which are treated, for federal income tax

  7  purposes, as cooperatives under subchapter T of the Internal

  8  Revenue Code, whose sole purpose is to offer laundry supplies

  9  and services to their members, which members must all be

10  exempt from federal income tax pursuant to s. 501(c)(3) of the

11  Internal Revenue Code.

12         (ll)  Complimentary meals.--Also exempt from the tax

13  imposed by this chapter are food or drinks that are furnished

14  as part of a packaged room rate by any person offering for

15  rent or lease any transient living accommodations as described

16  in s. 509.013(4)(a) which are licensed under part I of chapter

17  509 and which are subject to the tax under s. 212.03, if a

18  separate charge or specific amount for the food or drinks is

19  not shown. Such food or drinks are considered to be sold at

20  retail as part of the total charge for the transient living

21  accommodations. Moreover, the person offering the

22  accommodations is not considered to be the consumer of items

23  purchased in furnishing such food or drinks and may purchase

24  those items under conditions of a sale for resale.

25         (mm)  Nonprofit corporation conducting the correctional

26  work programs.--Products sold pursuant to s. 946.515 by the

27  corporation organized pursuant to part II of chapter 946 are

28  exempt from the tax imposed by this chapter. This exemption

29  applies retroactively to July 1, 1983.

30         (nn)  Parent-teacher organizations, parent-teacher

31  associations, and schools having grades K through


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    CS for SB 1978                                 First Engrossed



  1  12.--Parent-teacher organizations and associations the purpose

  2  of which is to raise funds for schools teaching grades K

  3  through 12 and which are qualified as educational institutions

  4  as defined by sub-subparagraph (cc)8.a. associated with

  5  schools having grades K through 12, and schools having grades

  6  K through 12, may pay tax to their suppliers on the cost price

  7  of school materials and supplies purchased, rented, or leased

  8  for resale or rental to students in grades K through 12, of

  9  items sold for fundraising purposes, and of items sold through

10  vending machines located on the school premises, in lieu of

11  collecting the tax imposed by this chapter from the purchaser.

12  This paragraph also applies to food or beverages sold through

13  vending machines located in the student lunchroom or dining

14  room of a school having kindergarten through grade 12.

15         (oo)  Mobile home lot improvements.--Items purchased by

16  developers for use in making improvements to a mobile home lot

17  owned by the developer may be purchased tax-exempt as a sale

18  for resale if made pursuant to a contract that requires the

19  developer to sell a mobile home to a purchaser, place the

20  mobile home on the lot, and make the improvements to the lot

21  for a single lump-sum price. The developer must collect and

22  remit sales tax on the entire lump-sum price.

23         (pp)  Veterans Administration.--When a veteran of the

24  armed forces purchases an aircraft, boat, mobile home, motor

25  vehicle, or other vehicle from a dealer pursuant to the

26  provisions of 38 U.S.C. s. 3902(a), or any successor provision

27  of the United States Code, the amount that is paid directly to

28  the dealer by the Veterans Administration is not taxable.

29  However, any portion of the purchase price which is paid

30  directly to the dealer by the veteran is taxable.

31


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    CS for SB 1978                                 First Engrossed



  1         (qq)  Complimentary items.--There is exempt from the

  2  tax imposed by this chapter:

  3         1.  Any food or drink, whether or not cooked or

  4  prepared on the premises, provided without charge as a sample

  5  or for the convenience of customers by a dealer that primarily

  6  sells food product items at retail.

  7         2.  Any item given to a customer as part of a price

  8  guarantee plan related to point-of-sale errors by a dealer

  9  that primarily sells food products at retail.

10

11  The exemptions in this paragraph do not apply to businesses

12  with the primary activity of serving prepared meals or

13  alcoholic beverages for immediate consumption.

14         (rr)  Donated foods or beverages.--Any food or beverage

15  donated by a dealer that sells food products at retail to a

16  food bank or an organization that holds a current exemption

17  from federal corporate income tax pursuant to s. 501(c) of the

18  Internal Revenue Code of 1986, as amended, is exempt from the

19  tax imposed by this chapter.

20         (ss)  Racing dogs.--The sale of a racing dog by its

21  owner is exempt if the owner is also the breeder of the

22  animal.

23         (tt)  Equipment used in aircraft repair and

24  maintenance.--There shall be exempt from the tax imposed by

25  this chapter replacement engines, parts, and equipment used in

26  the repair or maintenance of aircraft of more than 15,000

27  pounds maximum certified takeoff weight and rotary wing

28  aircraft of more than 10,300 pounds maximum certified takeoff

29  weight, when such parts or equipment are installed on such

30  aircraft that is being repaired or maintained in this state.

31


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    CS for SB 1978                                 First Engrossed



  1         (uu)  Aircraft sales or leases.--The sale or lease of

  2  an aircraft of more than 15,000 pounds maximum certified

  3  takeoff weight for use by a common carrier is exempt from the

  4  tax imposed by this chapter. As used in this paragraph,

  5  "common carrier" means an airline operating under Federal

  6  Aviation Administration regulations contained in Title 14,

  7  chapter I, part 121 or part 129 of the Code of Federal

  8  Regulations.

  9         (vv)  Nonprofit water systems.--Sales or leases to a

10  not-for-profit corporation which holds a current exemption

11  from federal income tax under s. 501(c)(4) or (12) of the

12  Internal Revenue Code, as amended, are exempt from the tax

13  imposed by this chapter if the sole or primary function of the

14  corporation is to construct, maintain, or operate a water

15  system in this state.

16         (ww)  Library cooperatives.--Sales or leases to library

17  cooperatives certified under s. 257.41(2) are exempt from the

18  tax imposed by this chapter.

19         (xx)  Advertising agencies.--

20         1.  As used in this paragraph, the term "advertising

21  agency" means any firm that is primarily engaged in the

22  business of providing advertising materials and services to

23  its clients.

24         2.  The sale of advertising services by an advertising

25  agency to a client is exempt from the tax imposed by this

26  chapter. Also exempt from the tax imposed by this chapter are

27  items of tangible personal property such as photographic

28  negatives and positives, videos, films, galleys, mechanicals,

29  veloxes, illustrations, digital audiotapes, analog tapes,

30  printed advertisement copies, compact discs for the purpose of

31


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    CS for SB 1978                                 First Engrossed



  1  recording, digital equipment, and artwork and the services

  2  used to produce those items if the items are:

  3         a.  Sold to an advertising agency that is acting as an

  4  agent for its clients pursuant to contract, and are created

  5  for the performance of advertising services for the clients;

  6         b.  Produced, fabricated, manufactured, or otherwise

  7  created by an advertising agency for its clients, and are used

  8  in the performance of advertising services for the clients; or

  9         c.  Sold by an advertising agency to its clients in the

10  performance of advertising services for the clients, whether

11  or not the charges for these items are marked up or separately

12  stated.

13

14  The exemption provided by this subparagraph does not apply

15  when tangible personal property such as film, paper, and

16  videotapes is purchased to create items such as photographic

17  negatives and positives, videos, films, galleys, mechanicals,

18  veloxes, illustrations, and artwork that are sold to an

19  advertising agency or produced in-house by an advertising

20  agency on behalf of its clients.

21         3.  The items exempted from tax under subparagraph 2.

22  and the creative services used by an advertising agency to

23  design the advertising for promotional goods such as displays,

24  display containers, exhibits, newspaper inserts, brochures,

25  catalogues, direct mail letters or flats, shirts, hats, pens,

26  pencils, key chains, or other printed goods or materials are

27  not subject to tax. However, when such promotional goods are

28  produced or reproduced for distribution, tax applies to the

29  sales price charged to the client for such promotional goods.

30         4.  For items purchased by an advertising agency and

31  exempt from tax under this paragraph, possession of an


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    CS for SB 1978                                 First Engrossed



  1  exemption certificate from the advertising agency certifying

  2  the agency's entitlement to exemption relieves the vendor of

  3  the responsibility of collecting the tax on the sale of such

  4  items to the advertising agency, and the department shall look

  5  solely to the advertising agency for recovery of tax if it

  6  determines that the advertising agency was not entitled to the

  7  exemption.

  8         5.  The exemptions provided by this paragraph apply

  9  retroactively, except that all taxes that have been collected

10  must be remitted, and taxes that have been remitted before

11  July 1, 1999, on transactions that are subject to exemption

12  under this paragraph are not subject to refund.

13         6.  The department may adopt rules that interpret or

14  define the provisions of these exemptions and provide examples

15  regarding the application of these exemptions.

16         (yy)  Bullion.--The sale of gold, silver, or platinum

17  bullion, or any combination thereof, in a single transaction

18  is exempt if the sales price exceeds $500. The dealer must

19  maintain proper documentation, as prescribed by rule of the

20  department, to identify that portion of a transaction which

21  involves the sale of gold, silver, or platinum bullion and is

22  exempt under this paragraph.

23         (zz)  Certain repair and labor charges.--

24         1.  Subject to the provisions of subparagraphs 2. and

25  3., there is exempt from the tax imposed by this chapter all

26  labor charges for the repair of, and parts and materials used

27  in the repair of and incorporated into, industrial machinery

28  and equipment which is used for the manufacture, processing,

29  compounding, production, or preparation for shipping of items

30  of tangible personal property at a fixed location within this

31  state.


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    CS for SB 1978                                 First Engrossed



  1         2.  This exemption applies only to industries

  2  classified under SIC Industry Major Group Numbers 10, 12, 13,

  3  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  4  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

  5  in this subparagraph, "SIC" means those classifications

  6  contained in the Standard Industrial Classification Manual,

  7  1987, as published by the Office of Management and Budget,

  8  Executive Office of the President.

  9         3.  This exemption shall be applied as follows:

10         a.  Beginning July 1, 1999, 25 percent of such charges

11  for repair parts and labor shall be exempt.

12         b.  Beginning July 1, 2000, 50 percent of such charges

13  for repair parts and labor shall be exempt.

14         c.  Beginning July 1, 2001, 75 percent of such charges

15  for repair parts and labor shall be exempt.

16         d.  Beginning July 1, 2002, 100 percent of such charges

17  for repair parts and labor shall be exempt.

18         (aaa)  Film and other printing supplies.--Also exempt

19  are the following materials purchased, produced, or created by

20  businesses classified under SIC Industry Numbers 275, 276,

21  277, 278, or 279 for use in producing graphic matter for sale:

22  film, photographic paper, dyes used for embossing and

23  engraving, artwork, typography, lithographic plates, and

24  negatives.  As used in this paragraph, "SIC" means those

25  classifications contained in the Standard Industrial

26  Classification Manual, 1987, as published by the Office of

27  Management and Budget, Executive Office of the President.

28         (bbb)  People-mover systems.--People-mover systems, and

29  parts thereof, which are purchased or manufactured by

30  contractors employed either directly by or as agents for the

31  United States Government, the state, a county, a municipality,


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    CS for SB 1978                                 First Engrossed



  1  a political subdivision of the state, or the public operator

  2  of a public-use airport as defined by s. 332.004(14) are

  3  exempt from the tax imposed by this chapter when the systems

  4  or parts go into or become part of publicly owned facilities.

  5  In the case of contractors who manufacture and install such

  6  systems and parts, this exemption extends to the purchase of

  7  component parts and all other manufacturing and fabrication

  8  costs. The department may provide a form to be used by

  9  contractors to provide to suppliers of people-mover systems or

10  parts to certify the contractors' eligibility for the

11  exemption provided under this paragraph. As used in this

12  paragraph, "people-mover systems" includes wheeled passenger

13  vehicles and related control and power distribution systems

14  that are part of a transportation system for use by the

15  general public, regardless of whether such vehicles are

16  operator-controlled or driverless, self-propelled or propelled

17  by external power and control systems, or conducted on roads,

18  rails, guidebeams, or other permanent structures that are an

19  integral part of such transportation system. "Related control

20  and power distribution systems" includes any electrical or

21  electronic control or signaling equipment, but does not

22  include the embedded wiring, conduits, or cabling used to

23  transmit electrical or electronic signals among such control

24  equipment, power distribution equipment, signaling equipment,

25  and wheeled vehicles.

26         (ccc)  Organizations providing crime prevention, drunk

27  driving prevention, or juvenile delinquency prevention

28  services.--Sales or leases to any nonprofit organization that

29  provides crime prevention services, drunk driving prevention

30  services, or juvenile delinquency prevention services that

31  benefit society as a whole are exempt from the tax imposed by


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    CS for SB 1978                                 First Engrossed



  1  this chapter, if the organization holds a current exemption

  2  from federal income tax under s. 501(c)(3) of the Internal

  3  Revenue Code and the organization has as its sole or primary

  4  purpose the provision of services that contribute to the

  5  prevention of hardships caused by crime, drunk driving, or

  6  juvenile delinquency.

  7         (ccc)(ddd)  Florida Fire and Emergency Services

  8  Foundation.--Sales or leases to the Florida Fire and Emergency

  9  Services Foundation are exempt from the tax imposed by this

10  chapter.

11         (ddd)(eee)  Railroad roadway materials.--Also exempt

12  from the tax imposed by this chapter are railroad roadway

13  materials used in the construction, repair, or maintenance of

14  railways. Railroad roadway materials shall include rails,

15  ties, ballasts, communication equipment, signal equipment,

16  power transmission equipment, and any other track materials.

17

18  Exemptions provided to any entity by this subsection shall not

19  inure to any transaction otherwise taxable under this chapter

20  when payment is made by a representative or employee of such

21  entity by any means, including, but not limited to, cash,

22  check, or credit card even when that representative or

23  employee is subsequently reimbursed by such entity.

24         Section 3.  (1)  The amendments to paragraphs (ff) and

25  (nn) of subsection (7) of section 212.08, Florida Statutes,

26  which are made by section 2 of this act apply retroactively to

27  July 1, 2000.

28         (2)  The amendments to the introductory paragraph, to

29  paragraph (p), and to the final, flush-left passage of

30  subsection (7) of section 212.08, Florida Statutes, which are

31  made by section 2 of this act are made to clarify rather than


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    CS for SB 1978                                 First Engrossed



  1  change existing law, and these amendments apply retroactively

  2  to January 1, 2001.

  3         Section 4.  Effective upon this act becoming a law and

  4  applying retroactively to July 1, 1996, paragraph (c) of

  5  subsection (5) of section 212.08, Florida Statutes, is amended

  6  to read:

  7         212.08  Sales, rental, use, consumption, distribution,

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

  9  the rental, the use, the consumption, the distribution, and

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

11  following are hereby specifically exempt from the tax imposed

12  by this chapter.

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

14         (c)  Machinery and equipment used in production of

15  electrical or steam energy.--

16         1.  The purchase of machinery and equipment for use at

17  a fixed location which machinery and equipment are necessary

18  in the production of electrical or steam energy resulting from

19  the burning of boiler fuels other than residual oil is exempt

20  from the tax imposed by this chapter.  Such electrical or

21  steam energy must be primarily for use in manufacturing,

22  processing, compounding, or producing for sale items of

23  tangible personal property in this state. Use of a de minimis

24  amount of residual fuel to facilitate the burning of

25  nonresidual fuel shall not reduce the exemption otherwise

26  available under this paragraph.

27         2.  In facilities where machinery and equipment are

28  necessary to burn both residual and nonresidual fuels, the

29  exemption shall be prorated. Such proration shall be based

30  upon the production of electrical or steam energy from

31  nonresidual fuels as a percentage of electrical or steam


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    CS for SB 1978                                 First Engrossed



  1  energy from all fuels. If it is determined that 15 percent or

  2  less of all electrical or steam energy generated was produced

  3  by burning residual fuel, the full exemption shall apply.

  4  Purchasers claiming a partial exemption shall obtain such

  5  exemption by refund of taxes paid, or as otherwise provided in

  6  the department's rules.

  7         3.  The department may adopt rules that provide for

  8  implementation of this exemption. Purchasers of machinery and

  9  equipment qualifying for the exemption provided in this

10  paragraph shall furnish the vendor department with an

11  affidavit stating that the item or items to be exempted are

12  for the use designated herein. Any person furnishing a false

13  affidavit to the vendor for the purpose of evading payment of

14  any tax imposed under this chapter shall be subject to the

15  penalty set forth in s. 212.085 and as otherwise provided by

16  law. Purchasers with self-accrual authority shall maintain all

17  documentation necessary to prove the exempt status of

18  purchases.

19         Section 5.  Effective July 1, 2001, paragraphs (b),

20  (d), and (f) of subsection (5) of section 212.08, Florida

21  Statutes, are amended to read:

22         212.08  Sales, rental, use, consumption, distribution,

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

24  the rental, the use, the consumption, the distribution, and

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

26  following are hereby specifically exempt from the tax imposed

27  by this chapter.

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

29         (b)  Machinery and equipment used to increase

30  productive output.--

31


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    CS for SB 1978                                 First Engrossed



  1         1.  Industrial machinery and equipment purchased for

  2  exclusive use by a new business in spaceport activities as

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

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

  5  tangible personal property at fixed locations are exempt from

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

  7  the taxpayer to the satisfaction of the department that such

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

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

10  productive operations, and delivery of the purchased item must

11  be made within 12 months of that date.

12         2.a.  Industrial machinery and equipment purchased for

13  exclusive use by an expanding facility which is engaged in

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

15  expanding manufacturing facilities or plant units which

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

17  tangible personal property at fixed locations in this state

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

19  excess of $50,000 per calendar year upon an affirmative

20  showing by the taxpayer to the satisfaction of the department

21  that such items are used to increase the productive output of

22  such expanded facility or business by not less than 10

23  percent.

24         b.  Notwithstanding any other provision of this

25  section, industrial machinery and equipment purchased for use

26  in expanding printing manufacturing facilities or plant units

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

28  of tangible personal property at fixed locations in this state

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

30  an affirmative showing by the taxpayer to the satisfaction of

31  the department that such items are used to increase the


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    CS for SB 1978                                 First Engrossed



  1  productive output of such an expanded business by not less

  2  than 10 percent.

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

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

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

  6  The application shall state that a new business exemption or

  7  expanded business exemption is being sought. Upon a tentative

  8  affirmative determination by the department pursuant to

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

10  such permit.

11         b.  The applicant shall be required to maintain all

12  necessary books and records to support the exemption. Upon

13  completion of purchases of qualified machinery and equipment

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

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

16  the department by certified or registered mail.

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

18  department, it is determined that the machinery and equipment

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

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

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

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

23  payable to the department by the business entity, together

24  with the appropriate interest and penalty, computed from the

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

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

27  apply for a temporary exemption permit or if the tentative

28  determination by the department required to obtain a temporary

29  exemption permit is negative, a qualifying business entity

30  shall receive the exemption provided in subparagraph 1. or

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


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    CS for SB 1978                                 First Engrossed



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

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

  3  commencement of production has occurred.

  4         4.  The department shall promulgate rules governing

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

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

  7  manner and form of refund applications and may establish

  8  guidelines as to the requisites for an affirmative showing of

  9  increased productive output, commencement of production, and

10  qualification for exemption.

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

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

13  electric utility companies, communications companies, oil or

14  gas exploration or production operations, publishing firms

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

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

17  the Division of Hotels and Restaurants of the Department of

18  Business and Professional Regulation, or any firm which does

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

20  of tangible personal property or which does not use such

21  machinery and equipment in spaceport activities as required by

22  this paragraph. The exemptions provided in subparagraphs 1.

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

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

25  processing operations only by way of a prospective credit

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

27  chapter on such machinery and equipment.

28         6.  For the purposes of the exemptions provided in

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

30  meanings:

31


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    CS for SB 1978                                 First Engrossed



  1         a.  "Industrial machinery and equipment" means tangible

  2  personal property or other property that has a depreciable

  3  life of 3 years or more and that is used as an integral part

  4  in the manufacturing, processing, compounding, or production

  5  of tangible personal property for sale or is exclusively used

  6  in spaceport activities. A building and its structural

  7  components are not industrial machinery and equipment unless

  8  the building or structural component is so closely related to

  9  the industrial machinery and equipment that it houses or

10  supports that the building or structural component can be

11  expected to be replaced when the machinery and equipment

12  itself is replaced. Heating and air conditioning systems are

13  not industrial machinery and equipment, unless the sole

14  justification for their installation is to meet the

15  requirements of the production process, even though the system

16  may provide incidental comfort to employees or serves, to an

17  insubstantial degree, nonproduction activities. "section 38

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

19  Internal Revenue Code, provided "industrial machinery and

20  equipment" shall be construed by regulations adopted by the

21  Department of Revenue to mean tangible property used as an

22  integral part of spaceport activities or of the manufacturing,

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

24  tangible personal property. Such term includes parts and

25  accessories only to the extent that the exemption thereof is

26  consistent with the provisions of this paragraph.

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

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

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

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

31  continuous months immediately following the completion of


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    CS for SB 1978                                 First Engrossed



  1  installation of such machinery or equipment over the output

  2  for the 12 continuous months immediately preceding such

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

  4  period of time would more accurately reflect the increase in

  5  productive output of machinery and equipment purchased to

  6  facilitate an expansion, the increase in productive output may

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

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

  9  Revenue and the expanding business prior to the commencement

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

11  period begin later than 2 years following the completion of

12  installation of the new machinery and equipment. The units

13  used to measure productive output shall be physically

14  comparable between the two periods, irrespective of sales.

15         (d)  Machinery and equipment used under federal

16  procurement contract.--

17         1.  Industrial machinery and equipment purchased by an

18  expanding business which manufactures tangible personal

19  property pursuant to federal procurement regulations at fixed

20  locations in this state are partially exempt from the tax

21  imposed in this chapter on that portion of the tax which is in

22  excess of $100,000 per calendar year upon an affirmative

23  showing by the taxpayer to the satisfaction of the department

24  that such items are used to increase the implicit productive

25  output of the expanded business by not less than 10 percent.

26  The percentage of increase is measured as deflated implicit

27  productive output for the calendar year during which the

28  installation of the machinery or equipment is completed or

29  during which commencement of production utilizing such items

30  is begun divided by the implicit productive output for the

31  preceding calendar year.  In no case may the commencement of


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    CS for SB 1978                                 First Engrossed



  1  production begin later than 2 years following completion of

  2  installation of the machinery or equipment.

  3         2.  The amount of the exemption allowed shall equal the

  4  taxes otherwise imposed by this chapter in excess of $100,000

  5  per calendar year on qualifying industrial machinery or

  6  equipment reduced by the percentage of gross receipts from

  7  cost-reimbursement type contracts attributable to the plant or

  8  operation to total gross receipts so attributable, accrued for

  9  the year of completion or commencement.

10         3.  The exemption provided by this paragraph shall

11  inure to the taxpayer only through refund of previously paid

12  taxes.  Such refund shall be made within 30 days of formal

13  approval by the department of the taxpayer's application,

14  which application may be made on an annual basis following

15  installation of the machinery or equipment.

16         4.  For the purposes of this paragraph, the term:

17         a.  "Cost-reimbursement type contracts" has the same

18  meaning as in 32 C.F.R. s. 3-405.

19         b.  "Deflated implicit productive output" means the

20  product of implicit productive output times the quotient of

21  the national defense implicit price deflator for the preceding

22  calendar year divided by the deflator for the year of

23  completion or commencement.

24         c.  "Eligible costs" means the total direct and

25  indirect costs, as defined in 32 C.F.R. ss. 15-202 and 15-203,

26  excluding general and administrative costs, selling expenses,

27  and profit, defined by the uniform cost-accounting standards

28  adopted by the Cost-Accounting Standards Board created

29  pursuant to 50 U.S.C. s. 2168.

30         d.  "Implicit productive output" means the annual

31  eligible costs attributable to all contracts or subcontracts


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    CS for SB 1978                                 First Engrossed



  1  subject to federal procurement regulations of the single plant

  2  or operation at which the machinery or equipment is used.

  3         e.  "Industrial machinery and equipment" means tangible

  4  personal property, or other property, that has a depreciable

  5  life of 3 years or more, that qualifies as an eligible cost

  6  under federal procurement regulations, and that is used as an

  7  integral part of the process of production of tangible

  8  personal property. A building and its structural components

  9  are not industrial machinery and equipment unless the building

10  or structural component is so closely related to the

11  industrial machinery and equipment that it houses or supports

12  that the building or structural component can be expected to

13  be replaced when the machinery and equipment itself is

14  replaced. Heating and air conditioning systems are not

15  industrial machinery and equipment, unless the sole

16  justification for their installation is to meet the

17  requirements of the production process, even though the system

18  may provide incidental comfort to employees or serves, to an

19  insubstantial degree, nonproduction activities. "section 38

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

21  Internal Revenue Code, provided such industrial machinery and

22  equipment qualified as an eligible cost under federal

23  procurement regulations and are used as an integral part of

24  the tangible personal property production process. Such term

25  includes parts and accessories only to the extent that the

26  exemption of such parts and accessories is consistent with the

27  provisions of this paragraph.

28         f.  "National defense implicit price deflator" means

29  the national defense implicit price deflator for the gross

30  national product as determined by the Bureau of Economic

31  Analysis of the United States Department of Commerce.


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    CS for SB 1978                                 First Engrossed



  1         5.  The exclusions provided in subparagraph (b)5. apply

  2  to this exemption.  This exemption applies only to machinery

  3  or equipment purchased pursuant to production contracts with

  4  the United States Department of Defense and Armed Forces, the

  5  National Aeronautics and Space Administration, and other

  6  federal agencies for which the contracts are classified for

  7  national security reasons.  In no event shall the provisions

  8  of this paragraph apply to any expanding business the increase

  9  in productive output of which could be measured under the

10  provisions of sub-subparagraph (b)6.b. as physically

11  comparable between the two periods.

12         (f)  Motion picture or video equipment used in motion

13  picture or television production activities and sound

14  recording equipment used in the production of master tapes and

15  master records.--

16         1.  Motion picture or video equipment and sound

17  recording equipment purchased or leased for use in this state

18  in production activities is exempt from the tax imposed by

19  this chapter. The exemption provided by this paragraph shall

20  inure to the taxpayer upon presentation of the certificate of

21  exemption issued to the taxpayer under the provisions of s.

22  288.1258.

23         2.  For the purpose of the exemption provided in

24  subparagraph 1.:

25         a.  "Motion picture or video equipment" and "sound

26  recording equipment" includes only tangible personal property,

27  or other property, that has a depreciable life of 3 years or

28  more and equipment meeting the definition of "section 38

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

30  Internal Revenue Code that is used by the lessee or purchaser

31  exclusively as an integral part of production activities;


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    CS for SB 1978                                 First Engrossed



  1  however, motion picture or video equipment and sound recording

  2  equipment does not include supplies, tape, records, film, or

  3  video tape used in productions or other similar items;

  4  vehicles or vessels; or general office equipment not

  5  specifically suited to production activities.  In addition,

  6  the term does not include equipment purchased or leased by

  7  television or radio broadcasting or cable companies licensed

  8  by the Federal Communications Commission. Furthermore, a

  9  building and its structural components are not motion picture

10  or video equipment and sound recording equipment unless the

11  building or structural component is so closely related to the

12  motion picture or video equipment and sound recording

13  equipment that it houses or supports that the building or

14  structural component can be expected to be replaced when the

15  motion picture or video equipment and sound recording

16  equipment itself is replaced. Heating and air conditioning

17  systems are not motion picture or video equipment and sound

18  recording equipment, unless the sole justification for their

19  installation is to meet the requirements of the production

20  activities, even though the system may provide incidental

21  comfort to employees or serves, to an insubstantial degree,

22  nonproduction activities.

23         b.  "Production activities" means activities directed

24  toward the preparation of a:

25         (I)  Master tape or master record embodying sound; or

26         (II)  Motion picture or television production which is

27  produced for theatrical, commercial, advertising, or

28  educational purposes and utilizes live or animated actions or

29  a combination of live and animated actions. The motion picture

30  or television production shall be commercially produced for

31


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    CS for SB 1978                                 First Engrossed



  1  sale or for showing on screens or broadcasting on television

  2  and may be on film or video tape.

  3         Section 6.  (1)  It is the intent of the Legislature to

  4  provide guidance in tax matters which is current and useful.

  5  Accordingly, the continued reference to a federal regulation

  6  that no longer exists causes confusion and an undue burden on

  7  persons affected by section 212.08, Florida Statutes.

  8         (2)  It is the purpose of the amendment to section

  9  212.08(5)(b), (d), and (f), Florida Statutes, by this act to

10  replace specific references therein to "section 38 property"

11  as defined in s. 48(a)(1)(A) and (B)(i) of the Internal

12  Revenue Code with a general description of such property, and

13  such new description shall have the same meaning as the former

14  federal Internal Revenue Code regulation without limitation.

15         Section 7.  Effective July 1, 2001, subsection (10) of

16  section 212.08, Florida Statutes, is amended to read:

17         212.08  Sales, rental, use, consumption, distribution,

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

19  the rental, the use, the consumption, the distribution, and

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

23         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT

24  OF ANOTHER STATE.--

25         (a)  The tax collected on the sale of a new or used

26  motor vehicle in this state to a resident of another state

27  shall be an amount equal to the sales tax which would be

28  imposed on such sale under the laws of the state of which the

29  purchaser is a resident, except that such tax shall not exceed

30  the tax that would otherwise be imposed under this chapter.

31  At the time of the sale, the purchaser shall execute a


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    CS for SB 1978                                 First Engrossed



  1  notarized statement of his or her intent to license the

  2  vehicle in the state of which the purchaser is a resident

  3  within 45 days of the sale and of the fact of the payment to

  4  the State of Florida of a sales tax in an amount equivalent to

  5  the sales tax of his or her state of residence and shall

  6  submit the statement to the appropriate sales tax collection

  7  agency in his or her state of residence. Nothing in this

  8  subsection shall be construed to require the removal of the

  9  vehicle from this state following the filing of an intent to

10  license the vehicle in the purchaser's home state if the

11  purchaser licenses the vehicle in his or her home state within

12  45 days after the date of sale.

13         (b)  Notwithstanding the partial exemption allowed in

14  paragraph (a), a vehicle is subject to this state's sales tax

15  at the applicable state sales tax rate plus authorized

16  surtaxes when the vehicle is purchased by a nonresident

17  corporation or partnership and:

18         1.  An officer of the corporation is a resident of this

19  state;

20         2.  A stockholder of the corporation who owns at least

21  10 percent of the corporation is a resident of this state; or

22         3.  A partner in the partnership who has at least 10

23  percent ownership is a resident of this state.

24

25  However, if the vehicle is removed from this state within 45

26  days after purchase and remains outside the state for a

27  minimum of 180 days, the vehicle may qualify for the partial

28  exemption allowed in paragraph (a) despite the residency of

29  owners or stockholders of the purchasing entity.

30

31


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    CS for SB 1978                                 First Engrossed



  1         Section 8.  Effective July 1, 2001, paragraph (b) of

  2  subsection (14) of section 212.06, Florida Statutes, is

  3  amended to read:

  4         212.06  Sales, storage, use tax; collectible from

  5  dealers; "dealer" defined; dealers to collect from purchasers;

  6  legislative intent as to scope of tax.--

  7         (14)  For the purpose of determining whether a person

  8  is improving real property, the term:

  9         (b)  "Fixtures" means items that are an accessory to a

10  building, other structure, or land and that do not lose their

11  identity as accessories when installed but that do become

12  permanently attached to realty. However, the term does not

13  include the following items, whether or not such items are

14  attached to real property in a permanent manner:  trade

15  fixtures; property of a type that is required to be

16  registered, licensed, titled, or documented by this state or

17  by the United States Government, including, but not limited

18  to, mobile homes, except mobile homes assessed as real

19  property; or industrial machinery or equipment. For purposes

20  of this paragraph, industrial machinery or equipment is not

21  limited to machinery and equipment used to manufacture,

22  process, compound, or produce tangible personal property. For

23  an item to be considered a fixture, it is not necessary that

24  the owner of the item also own the real property to which it

25  is attached.

26         Section 9.  It is the intent of the Legislature that

27  the amendment to section 212.06(14)(b), Florida Statutes,

28  relating to industrial machinery or equipment, which is made

29  by section 7 of this act is remedial in nature and merely

30  clarifies existing law.

31


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    CS for SB 1978                                 First Engrossed



  1         Section 10.  Paragraph (a) of subsection (8) and

  2  subsection (9) of section 212.08, Florida Statutes, are

  3  amended to read:

  4         212.08  Sales, rental, use, consumption, distribution,

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

  6  the rental, the use, the consumption, the distribution, and

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

  8  following are hereby specifically exempt from the tax imposed

  9  by this chapter.

10         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE

11  OR FOREIGN COMMERCE.--

12         (a)  The sale or use of vessels and parts thereof used

13  to transport persons or property in interstate or foreign

14  commerce, including commercial fishing vessels, is subject to

15  the taxes imposed in this chapter only to the extent provided

16  herein.  The basis of the tax shall be the ratio of intrastate

17  mileage to interstate or foreign mileage traveled by the

18  carrier's vessels which were used in interstate or foreign

19  commerce and which had at least some Florida mileage during

20  the previous fiscal year. The ratio would be determined at the

21  close of the carrier's fiscal year. However, during the fiscal

22  year in which the vessel begins its initial operations in this

23  state, the vessel's mileage apportionment factor may be

24  determined on the basis of an estimated ratio of anticipated

25  miles in this state to anticipated total miles for that year,

26  and, subsequently, additional tax must be paid on the vessel,

27  or a refund may be applied for, on the basis of the actual

28  ratio of the vessel's miles in this state to its total miles

29  for that year. This ratio shall be applied each month to the

30  total Florida purchases of such vessels and parts thereof

31  which are used in Florida to establish that portion of the


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    CS for SB 1978                                 First Engrossed



  1  total used and consumed in intrastate movement and subject to

  2  the tax at the applicable rate. The basis for imposition of

  3  any discretionary surtax shall be as set forth in s. 212.054.

  4  Items, appropriate to carry out the purposes for which a

  5  vessel is designed or equipped and used, purchased by the

  6  owner, operator, or agent of a vessel for use on board such

  7  vessel shall be deemed to be parts of the vessel upon which

  8  the same are used or consumed. Vessels and parts thereof used

  9  to transport persons or property in interstate and foreign

10  commerce are hereby determined to be susceptible to a distinct

11  and separate classification for taxation under the provisions

12  of this chapter. Vessels and parts thereof used exclusively in

13  intrastate commerce do not qualify for the proration of tax.

14         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES

15  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--

16         (a)  Railroads which are licensed as common carriers by

17  the Surface Transportation Board Interstate Commerce

18  Commission and parts thereof used to transport persons or

19  property in interstate or foreign commerce are subject to tax

20  imposed in this chapter only to the extent provided herein.

21  The basis of the tax shall be the ratio of intrastate mileage

22  to interstate or foreign mileage traveled by the carrier

23  during the previous fiscal year of the carrier. Such ratio is

24  to be determined at the close of the carrier's fiscal year.

25  However, during the fiscal year in which the railroad begins

26  its initial operations in this state, the railroad's mileage

27  apportionment factor may be determined on the basis of an

28  estimated ratio of anticipated miles in this state to

29  anticipated total miles for that year, and, subsequently,

30  additional tax must be paid on the railroad, or a refund may

31  be applied for, on the basis of the actual ratio of the


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    CS for SB 1978                                 First Engrossed



  1  railroad's miles in this state to its total miles for that

  2  year. This ratio shall be applied each month to the Florida

  3  total purchases of the railroad which are used in this state

  4  to establish that portion of the total used and consumed in

  5  intrastate movement and subject to tax under this chapter. The

  6  basis for imposition of any discretionary surtax is set forth

  7  in s. 212.054. Railroads which are licensed as common carriers

  8  by the Surface Transportation Board Interstate Commerce

  9  Commission and parts thereof used to transport persons or

10  property in interstate and foreign commerce are hereby

11  determined to be susceptible to a distinct and separate

12  classification for taxation under the provisions of this

13  chapter.

14         (b)  Motor vehicles which are engaged in interstate

15  commerce as common carriers, and parts thereof, used to

16  transport persons or property in interstate or foreign

17  commerce are subject to tax imposed in this chapter only to

18  the extent provided herein. The basis of the tax shall be the

19  ratio of intrastate mileage to interstate or foreign mileage

20  traveled by the carrier's motor vehicles which were used in

21  interstate or foreign commerce and which had at least some

22  Florida mileage during the previous fiscal year of the

23  carrier. Such ratio is to be determined at the close of the

24  carrier's fiscal year. However, during the fiscal year in

25  which the carrier begins its initial operations in this state,

26  the carrier's mileage apportionment factor may be determined

27  on the basis of an estimated ratio of anticipated miles in

28  this state to anticipated total miles for that year, and,

29  subsequently, additional tax must be paid on the carrier, or a

30  refund may be applied for, on the basis of the actual ratio of

31  the carrier's miles in this state to its total miles for that


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    CS for SB 1978                                 First Engrossed



  1  year. This ratio shall be applied each month to the Florida

  2  total purchases of such motor vehicles and parts thereof which

  3  are used in this state to establish that portion of the total

  4  used and consumed in intrastate movement and subject to tax

  5  under this chapter. The basis for imposition of any

  6  discretionary surtax is set forth in s. 212.054. Motor

  7  vehicles which are engaged in interstate commerce, and parts

  8  thereof, used to transport persons or property in interstate

  9  and foreign commerce are hereby determined to be susceptible

10  to a distinct and separate classification for taxation under

11  the provisions of this chapter. Motor vehicles and parts

12  thereof used exclusively in intrastate commerce do not qualify

13  for the proration of tax.  For purposes of this paragraph,

14  parts of a motor vehicle engaged in interstate commerce

15  include a separate tank not connected to the fuel supply

16  system of the motor vehicle into which diesel fuel is placed

17  to operate a refrigeration unit or other equipment.

18         Section 11.  Subsection (5) is added to section 212.11,

19  Florida Statutes, to read:

20         212.11  Tax returns and regulations.--

21         (5)(a)  Each dealer that claims any credits granted in

22  this chapter against that dealer's sales and use tax

23  liabilities, which credits are granted by reason of the

24  dealer's hiring employees, purchasing property, improving

25  property, paying increased ad valorem taxes, operating a

26  business, or otherwise engaging in activity in an urban

27  high-crime area, an enterprise zone, an empowerment zone, a

28  Front Porch Community, a designated brownfield area, or an

29  urban infill area, must submit to the department with the

30  return on which such credits are claimed a report in a format

31  prescribed by the department which provides the information


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    CS for SB 1978                                 First Engrossed



  1  and documentation required to verify the dealer's entitlement

  2  to the credits. All information must be broken down by the

  3  urban high-crime area, enterprise zone, empowerment zone,

  4  Front Porch Community, designated brownfield area, or urban

  5  infill area to which it relates. In the case of any credit

  6  that is granted in the form of a refund of previously paid

  7  taxes, supporting documentation must be provided with the

  8  application for refund.

  9         (b)  The department may adopt rules prescribing the

10  form in which the report required by this subsection is to be

11  submitted, which form may include magnetic tape or other means

12  of electronic transmission.

13         (c)  The department shall disallow any credit that is

14  not supported by the report required by this subsection.

15         Section 12.  If the amendment to subsection (6) of

16  section 212.20, Florida Statutes, by section 35 of chapter

17  2000-260, Laws of Florida, does not take effect, paragraph (e)

18  of subsection (6) of section 212.20, Florida Statutes, is

19  amended to read:

20         212.20  Funds collected, disposition; additional powers

21  of department; operational expense; refund of taxes

22  adjudicated unconstitutionally collected.--

23         (6)  Distribution of all proceeds under this chapter

24  shall be as follows:

25         (e)  The proceeds of all other taxes and fees imposed

26  pursuant to this chapter shall be distributed as follows:

27         1.  In any fiscal year, the greater of $500 million,

28  minus an amount equal to 4.6 percent of the proceeds of the

29  taxes collected pursuant to chapter 201, or 5 percent of all

30  other taxes and fees imposed pursuant to this chapter shall be

31


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    CS for SB 1978                                 First Engrossed



  1  deposited in monthly installments into the General Revenue

  2  Fund.

  3         2.  Two-tenths of one percent shall be transferred to

  4  the Solid Waste Management Trust Fund.

  5         3.  After the distribution under subparagraphs 1. and

  6  2., 9.653 percent of the amount remitted by a sales tax dealer

  7  located within a participating county pursuant to s. 218.61

  8  shall be transferred into the Local Government Half-cent Sales

  9  Tax Clearing Trust Fund.

10         4.  After the distribution under subparagraphs 1., 2.,

11  and 3., 0.065 percent shall be transferred to the Local

12  Government Half-cent Sales Tax Clearing Trust Fund and

13  distributed pursuant to s. 218.65.

14         5.  For proceeds received after July 1, 2000, and after

15  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

16  percent of the available proceeds pursuant to this paragraph

17  shall be transferred monthly to the Revenue Sharing Trust Fund

18  for Counties pursuant to s. 218.215.

19         6.a.  For proceeds received after July 1, 2000, and

20  after the distributions under subparagraphs 1., 2., 3., and

21  4., 1.0715 percent of the available proceeds pursuant to this

22  paragraph shall be transferred monthly to the Revenue Sharing

23  Trust Fund for Municipalities pursuant to s. 218.215.

24         b.  If the total revenue to be distributed pursuant to

25  this subparagraph is at least as great as the amount due from

26  the Revenue Sharing Trust Fund for Municipalities and the

27  Municipal Financial Assistance Trust Fund in state fiscal year

28  1999-2000, no municipality shall receive less than the amount

29  due from the Revenue Sharing Trust Fund for Municipalities and

30  the Municipal Financial Assistance Trust Fund in state fiscal

31  year 1999-2000.


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    CS for SB 1978                                 First Engrossed



  1         c.  If the total proceeds to be distributed are less

  2  than the amount received in combination from the Revenue

  3  Sharing Trust Fund for Municipalities and the Municipal

  4  Financial Assistance Trust Fund in state fiscal year

  5  1999-2000, each municipality shall receive an amount

  6  proportionate to the amount it was due in state fiscal year

  7  1999-2000.

  8         d.  Each newly incorporated municipality that meets the

  9  eligibility requirements established in s. 218.23 or in the

10  local act establishing the municipality is eligible to receive

11  a share of revenue sharing funds under s. 218.245. If the

12  total proceeds to be distributed are less than the amount

13  received in combination from the Revenue Sharing Trust Fund

14  for Municipalities and the Municipal Financial Assistance

15  Trust Fund in the 1999-2000 fiscal year, plus the share for

16  any new municipalities, each municipality shall receive a

17  proportionate amount.

18         7.  Of the remaining proceeds:

19         a.  Beginning July 1, 2000, and in each fiscal year

20  thereafter, the sum of $29,915,500 shall be divided into as

21  many equal parts as there are counties in the state, and one

22  part shall be distributed to each county.  The distribution

23  among the several counties shall begin each fiscal year on or

24  before January 5th and shall continue monthly for a total of 4

25  months.  If a local or special law required that any moneys

26  accruing to a county in fiscal year 1999-2000 under the

27  then-existing provisions of s. 550.135 be paid directly to the

28  district school board, special district, or a municipal

29  government, such payment shall continue until such time that

30  the local or special law is amended or repealed.  The state

31  covenants with holders of bonds or other instruments of


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    CS for SB 1978                                 First Engrossed



  1  indebtedness issued by local governments, special districts,

  2  or district school boards prior to July 1, 2000, that it is

  3  not the intent of this subparagraph to adversely affect the

  4  rights of those holders or relieve local governments, special

  5  districts, or district school boards of the duty to meet their

  6  obligations as a result of previous pledges or assignments or

  7  trusts entered into which obligated funds received from the

  8  distribution to county governments under then-existing s.

  9  550.135.  This distribution specifically is in lieu of funds

10  distributed under s. 550.135 prior to July 1, 2000.

11         b.  The department shall distribute $166,667 monthly

12  pursuant to s. 288.1162 to each applicant that has been

13  certified as a "facility for a new professional sports

14  franchise" or a "facility for a retained professional sports

15  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

16  distributed monthly by the department to each applicant that

17  has been certified as a "facility for a retained spring

18  training franchise" pursuant to s. 288.1162; however, not more

19  than $208,335 may be distributed monthly in the aggregate to

20  all certified facilities for a retained spring training

21  franchise. Distributions shall begin 60 days following such

22  certification and shall continue for not more than 30 years.

23  Nothing contained in this paragraph shall be construed to

24  allow an applicant certified pursuant to s. 288.1162 to

25  receive more in distributions than actually expended by the

26  applicant for the public purposes provided for in s.

27  288.1162(6). However, a certified applicant is entitled to

28  receive distributions up to the maximum amount allowable and

29  undistributed under this section for additional renovations

30  and improvements to the facility for the franchise without

31  additional certification.


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    CS for SB 1978                                 First Engrossed



  1         c.  Beginning 30 days after notice by the Office of

  2  Tourism, Trade, and Economic Development to the Department of

  3  Revenue that an applicant has been certified as the

  4  professional golf hall of fame pursuant to s. 288.1168 and is

  5  open to the public, $166,667 shall be distributed monthly, for

  6  up to 300 months, to the applicant.

  7         d.  Beginning 30 days after notice by the Office of

  8  Tourism, Trade, and Economic Development to the Department of

  9  Revenue that the applicant has been certified as the

10  International Game Fish Association World Center facility

11  pursuant to s. 288.1169, and the facility is open to the

12  public, $83,333 shall be distributed monthly, for up to 168

13  months, to the applicant. This distribution is subject to

14  reduction pursuant to s. 288.1169.  A lump sum payment of

15  $999,996 shall be made, after certification and before July 1,

16  2000.

17         8.  All other proceeds shall remain with the General

18  Revenue Fund.

19         Section 13.  If the amendment to subsection (6) of

20  section 212.20, Florida Statutes, by section 35 of chapter

21  2000-260, Laws of Florida, does take effect, paragraph (e) of

22  subsection (6) of section 212.20, Florida Statutes, is amended

23  to read:

24         212.20  Funds collected, disposition; additional powers

25  of department; operational expense; refund of taxes

26  adjudicated unconstitutionally collected.--

27         (6)  Distribution of all proceeds under this chapter

28  and s. 202.18(1)(b) and (2)(b) shall be as follows:

29         (e)  The proceeds of all other taxes and fees imposed

30  pursuant to this chapter or remitted pursuant to s.

31  202.18(1)(b) and (2)(b) shall be distributed as follows:


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    CS for SB 1978                                 First Engrossed



  1         1.  In any fiscal year, the greater of $500 million,

  2  minus an amount equal to 4.6 percent of the proceeds of the

  3  taxes collected pursuant to chapter 201, or 5 percent of all

  4  other taxes and fees imposed pursuant to this chapter or

  5  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

  6  deposited in monthly installments into the General Revenue

  7  Fund.

  8         2.  Two-tenths of one percent shall be transferred to

  9  the Solid Waste Management Trust Fund.

10         3.  After the distribution under subparagraphs 1. and

11  2., 9.653 percent of the amount remitted by a sales tax dealer

12  located within a participating county pursuant to s. 218.61

13  shall be transferred into the Local Government Half-cent Sales

14  Tax Clearing Trust Fund.

15         4.  After the distribution under subparagraphs 1., 2.,

16  and 3., 0.065 percent shall be transferred to the Local

17  Government Half-cent Sales Tax Clearing Trust Fund and

18  distributed pursuant to s. 218.65.

19         5.  For proceeds received after July 1, 2000, and after

20  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

21  percent of the available proceeds pursuant to this paragraph

22  shall be transferred monthly to the Revenue Sharing Trust Fund

23  for Counties pursuant to s. 218.215.

24         6.a.  For proceeds received after July 1, 2000, and

25  after the distributions under subparagraphs 1., 2., 3., and

26  4., 1.0715 percent of the available proceeds pursuant to this

27  paragraph shall be transferred monthly to the Revenue Sharing

28  Trust Fund for Municipalities pursuant to s. 218.215.

29         b.  If the total revenue to be distributed pursuant to

30  this subparagraph is at least as great as the amount due from

31  the Revenue Sharing Trust Fund for Municipalities and the


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    CS for SB 1978                                 First Engrossed



  1  Municipal Financial Assistance Trust Fund in state fiscal year

  2  1999-2000, no municipality shall receive less than the amount

  3  due from the Revenue Sharing Trust Fund for Municipalities and

  4  the Municipal Financial Assistance Trust Fund in state fiscal

  5  year 1999-2000.

  6         c.  If the total proceeds to be distributed are less

  7  than the amount received in combination from the Revenue

  8  Sharing Trust Fund for Municipalities and the Municipal

  9  Financial Assistance Trust Fund in state fiscal year

10  1999-2000, each municipality shall receive an amount

11  proportionate to the amount it was due in state fiscal year

12  1999-2000.

13         d.  Each newly incorporated municipality that meets the

14  eligibility requirements established in s. 218.23 or in the

15  local act establishing the municipality is eligible to receive

16  a share of revenue sharing funds under s. 218.245. If the

17  total proceeds to be distributed are less than the amount

18  received in combination from the Revenue Sharing Trust Fund

19  for Municipalities and the Municipal Financial Assistance

20  Trust Fund in the 1999-2000 fiscal year, plus the share for

21  any new municipalities, each municipality shall receive a

22  proportionate amount.

23         7.  Of the remaining proceeds:

24         a.  Beginning July 1, 2000, and in each fiscal year

25  thereafter, the sum of $29,915,500 shall be divided into as

26  many equal parts as there are counties in the state, and one

27  part shall be distributed to each county.  The distribution

28  among the several counties shall begin each fiscal year on or

29  before January 5th and shall continue monthly for a total of 4

30  months.  If a local or special law required that any moneys

31  accruing to a county in fiscal year 1999-2000 under the


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    CS for SB 1978                                 First Engrossed



  1  then-existing provisions of s. 550.135 be paid directly to the

  2  district school board, special district, or a municipal

  3  government, such payment shall continue until such time that

  4  the local or special law is amended or repealed.  The state

  5  covenants with holders of bonds or other instruments of

  6  indebtedness issued by local governments, special districts,

  7  or district school boards prior to July 1, 2000, that it is

  8  not the intent of this subparagraph to adversely affect the

  9  rights of those holders or relieve local governments, special

10  districts, or district school boards of the duty to meet their

11  obligations as a result of previous pledges or assignments or

12  trusts entered into which obligated funds received from the

13  distribution to county governments under then-existing s.

14  550.135.  This distribution specifically is in lieu of funds

15  distributed under s. 550.135 prior to July 1, 2000.

16         b.  The department shall distribute $166,667 monthly

17  pursuant to s. 288.1162 to each applicant that has been

18  certified as a "facility for a new professional sports

19  franchise" or a "facility for a retained professional sports

20  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

21  distributed monthly by the department to each applicant that

22  has been certified as a "facility for a retained spring

23  training franchise" pursuant to s. 288.1162; however, not more

24  than $208,335 may be distributed monthly in the aggregate to

25  all certified facilities for a retained spring training

26  franchise. Distributions shall begin 60 days following such

27  certification and shall continue for not more than 30 years.

28  Nothing contained in this paragraph shall be construed to

29  allow an applicant certified pursuant to s. 288.1162 to

30  receive more in distributions than actually expended by the

31  applicant for the public purposes provided for in s.


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    CS for SB 1978                                 First Engrossed



  1  288.1162(6). However, a certified applicant is entitled to

  2  receive distributions up to the maximum amount allowable and

  3  undistributed under this section for additional renovations

  4  and improvements to the facility for the franchise without

  5  additional certification.

  6         c.  Beginning 30 days after notice by the Office of

  7  Tourism, Trade, and Economic Development to the Department of

  8  Revenue that an applicant has been certified as the

  9  professional golf hall of fame pursuant to s. 288.1168 and is

10  open to the public, $166,667 shall be distributed monthly, for

11  up to 300 months, to the applicant.

12         d.  Beginning 30 days after notice by the Office of

13  Tourism, Trade, and Economic Development to the Department of

14  Revenue that the applicant has been certified as the

15  International Game Fish Association World Center facility

16  pursuant to s. 288.1169, and the facility is open to the

17  public, $83,333 shall be distributed monthly, for up to 168

18  months, to the applicant. This distribution is subject to

19  reduction pursuant to s. 288.1169.  A lump sum payment of

20  $999,996 shall be made, after certification and before July 1,

21  2000.

22         8.  All other proceeds shall remain with the General

23  Revenue Fund.

24         Section 14.  Paragraph (b) of subsection (6) of section

25  218.21, Florida Statutes, is amended to read:

26         218.21  Definitions.--As used in this part, the

27  following words and terms shall have the meanings ascribed

28  them in this section, except where the context clearly

29  indicates a different meaning:

30

31


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    CS for SB 1978                                 First Engrossed



  1         (6)  "Guaranteed entitlement" means the amount of

  2  revenue which must be shared with an eligible unit of local

  3  government so that:

  4         (b)1.  No eligible municipality shall receive less

  5  funds from the Revenue Sharing Trust Fund for Municipalities

  6  in any fiscal year than the aggregate amount it received from

  7  the state in fiscal year 1971-1972 under the provisions of the

  8  then-existing s. 210.20(2)(a), tax on cigarettes; s.

  9  323.16(3), road tax; and s. 206.605, tax on motor fuel.

10         2.  Any government exercising municipal powers under s.

11  6(f), Art. VIII of the State Constitution may not receive less

12  than the aggregate amount it received from the Revenue Sharing

13  Trust Fund for Municipalities in the preceding fiscal year,

14  plus a percentage increase in such amount equal to the

15  percentage increase of the Revenue Sharing Trust Fund for

16  Municipalities for the preceding fiscal year. However, for the

17  distributions made during the 2001-2002 fiscal year, the

18  percentage increase shall be calculated as the revenues from

19  the Revenue Sharing Trust Fund for Municipalities for the

20  2001-2002 fiscal year, divided by the sum of the revenues from

21  the Revenue Sharing Trust Fund for Municipalities for the

22  1999-2000 fiscal year and the revenues from the Municipal

23  Financial Assistance Trust Fund for the 1999-2000 fiscal year,

24  minus one.

25         Section 15.  Effective July 1, 2001, subsection (4) of

26  section 220.22, Florida Statutes, is amended to read:

27         220.22  Returns; filing requirement.--

28         (4)  The department shall designate by rule certain

29  not-for-profit entities and others that are not required to

30  file a return, including an initial information return, under

31  this code unless the entities have taxable income as defined


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    CS for SB 1978                                 First Engrossed



  1  in s. 220.13(2). These entities must include subchapter S

  2  corporations, tax-exempt entities, and others that do not

  3  usually owe federal income tax. For the year in which an

  4  election is made pursuant to s. 1361(b)(3) of the Internal

  5  Revenue Code, the qualified subchapter S subsidiary shall file

  6  an informational return with the department, which return

  7  shall be restricted to information identifying the subsidiary,

  8  the electing S corporation parent, and the effective date of

  9  the election.

10         Section 16.  Effective July 1, 2001, subsection (10) of

11  section 624.509, Florida Statutes, is repealed.

12         Section 17.  Subsection (9) of section 213.27, Florida

13  Statutes, is repealed.

14         Section 18.  Section 213.256, Florida Statutes, is

15  created to read:

16         213.256  Simplified Sales and Use Tax Administration

17  Act.--

18         (1)  As used in this section, the term:

19         (a)  "Department" means the Department of Revenue.

20         (b)  "Agreement" means the Streamlined Sales and Use

21  Tax Agreement as amended and adopted on January 27, 2001, by

22  the Executive Committee of the National Conference of State

23  Legislatures.

24         (c)  "Certified automated system" means software

25  certified jointly by the states that are signatories to the

26  agreement to calculate the tax imposed by each jurisdiction on

27  a transaction, determine the amount of tax to remit to the

28  appropriate state, and maintain a record of the transaction.

29         (d)  "Certified service provider" means an agent

30  certified jointly by the states that are signatories to the

31  agreement to perform all of the seller's sales tax functions.


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    CS for SB 1978                                 First Engrossed



  1         (e)  "Person" means an individual, trust, estate,

  2  fiduciary, partnership, limited liability company, limited

  3  liability partnership, corporation, or any other legal entity.

  4         (f)  "Sales tax" means the tax levied under chapter

  5  212.

  6         (g)  "Seller" means any person making sales, leases, or

  7  rentals of personal property or services.

  8         (h)  "State" means any state of the United States and

  9  the District of Columbia.

10         (i)  "Use tax" means the tax levied under chapter 212.

11         (2)(a)  The executive director of the department shall

12  enter into the Streamlined Sales and Use Tax Agreement with

13  one or more states to simplify and modernize sales and use tax

14  administration in order to substantially reduce the burden of

15  tax compliance for all sellers and for all types of commerce.

16  In furtherance of the agreement, the executive director of the

17  department or his or her designee shall act jointly with other

18  states that are members of the agreement to establish

19  standards for certification of a certified service provider

20  and certified automated system and establish performance

21  standards for multistate sellers.

22         (b)  The executive director of the department or his or

23  her designee shall take other actions reasonably required to

24  administer this section. Other actions authorized by this

25  section include, but are not limited to, the adoption of rules

26  and the joint procurement, with other member states, of goods

27  and services in furtherance of the cooperative agreement.

28         (c)  The executive director of the department or his or

29  her designee may represent this state before the other states

30  that are signatories to the agreement.

31


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    CS for SB 1978                                 First Engrossed



  1         (3)  The executive director of the department may not

  2  enter into the Streamlined Sales and Use Tax Agreement unless

  3  the agreement requires each state to abide by the following

  4  requirements:

  5         (a)  The agreement must set restrictions to limit, over

  6  time, the number of state tax rates.

  7         (b)  The agreement must establish uniform standards

  8  for:

  9         1.  The sourcing of transactions to taxing

10  jurisdictions.

11         2.  The administration of exempt sales.

12         3.  Sales and use tax returns and remittances.

13         (c)  The agreement must provide a central electronic

14  registration system that allows a seller to register to

15  collect and remit sales and use taxes for all signatory

16  states.

17         (d)  The agreement must provide that registration with

18  the central registration system and the collection of sales

19  and use taxes in the signatory state will not be used as a

20  factor in determining whether the seller has nexus with a

21  state for any tax.

22         (e)  The agreement must provide for reduction of the

23  burdens of complying with local sales and use taxes through:

24         1.  Restricting variances between the state and local

25  tax bases.

26         2.  Requiring states to administer any sales and use

27  taxes levied by local jurisdictions within the state so that

28  sellers who collect and remit these taxes will not have to

29  register or file returns with, remit funds to, or be subject

30  to independent audits from local taxing jurisdictions.

31


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    CS for SB 1978                                 First Engrossed



  1         3.  Restricting the frequency of changes in the local

  2  sales and use tax rates and setting effective dates for the

  3  application of local jurisdictional boundary changes to local

  4  sales and use taxes.

  5         4.  Providing notice of changes in local sales and use

  6  tax rates and of local changes in the boundaries of local

  7  taxing jurisdictions.

  8         (f)  The agreement must outline any monetary allowances

  9  that are to be provided by the states to sellers or certified

10  service providers. The agreement must allow for a joint study

11  by the public and private sectors, which must be completed by

12  July 1, 2002, of the compliance cost to sellers and certified

13  service providers of collecting sales and use taxes for state

14  and local governments under various levels of complexity.

15         (g)  The agreement must require each state to certify

16  compliance with the terms of the agreement before joining and

17  to maintain compliance, under the laws of the member state,

18  with all provisions of the agreement while a member.

19         (h)  The agreement must require each state to adopt a

20  uniform policy for certified service providers which protects

21  the privacy of consumers and maintains the confidentiality of

22  tax information.

23         (i)  The agreement must provide for the appointment of

24  an advisory council of private-sector representatives and an

25  advisory council of nonmember state representatives to consult

26  within the administration of the agreement.

27         (4)  For the purposes of reviewing or amending the

28  agreement to embody the simplification requirements as set

29  forth in subsection (3), this state shall enter into

30  multistate discussions. For purposes of such discussions, this

31  state shall be represented by three delegates, one appointed


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    CS for SB 1978                                 First Engrossed



  1  by the President of the Senate, one appointed by the Speaker

  2  of the House of Representatives, and the executive director of

  3  the department or his or her designee.

  4         (5)  No provision of the agreement authorized by this

  5  section in whole or in part invalidates or amends any

  6  provision of the laws of this state. Adoption of the agreement

  7  by this state does not amend or modify any law of the state.

  8  Implementation of any condition of the agreement in this

  9  state, whether adopted before, at, or after membership of this

10  state in the agreement, must be by the action of the state.

11         (6)  The agreement authorized by this section is an

12  accord among individual cooperating sovereigns in furtherance

13  of their governmental functions. The agreement provides a

14  mechanism among the member states to establish and maintain a

15  cooperative, simplified system for the application and

16  administration of sales and use taxes under the duly adopted

17  law of each member state.

18         (7)(a)  The agreement authorized by this act binds and

19  inures only to the benefit of this state and the other member

20  states. No person, other than a member state, is an intended

21  beneficiary of the agreement. Any benefit to a person other

22  than a state is established by the laws of this state and of

23  other member states and not by the terms of the agreement.

24         (b)  Consistent with paragraph (a), no person has any

25  cause of action or defense under the agreement or by virtue of

26  this state's approval of the agreement. No person may

27  challenge, in any action brought under any provision of law,

28  any action or inaction by any department, agency, or other

29  instrumentality of this state, or of any political subdivision

30  of this state, on the ground that the action or inaction is

31  inconsistent with the agreement.


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    CS for SB 1978                                 First Engrossed



  1         (c)  No law of this state, or the application thereof,

  2  may be declared invalid as to any person or circumstance on

  3  the ground that the provision or application is inconsistent

  4  with the agreement.

  5         (8)(a)  A certified service provider is the agent of a

  6  seller with whom the certified service provider has contracted

  7  for the collection and remittance of sales and use taxes. As

  8  the seller's agent, the certified service provider is liable

  9  for sales and use tax due each member state on all sales

10  transactions it processes for the seller except as set out in

11  this subsection.

12         (b)  A seller that contracts with a certified service

13  provider is not liable to the state for sales or use tax due

14  on transactions processed by the certified service provider

15  unless the seller has misrepresented the type of items it

16  sells or has committed fraud. In the absence of probable cause

17  to believe that the seller has committed fraud or made a

18  material misrepresentation, the seller is not subject to audit

19  on the transactions processed by the certified service

20  provider. A seller is subject to audit for transactions that

21  have not been processed by the certified service provider. The

22  member states acting jointly may perform a system check of the

23  seller and review the seller's procedures to determine if the

24  certified service provider's system is functioning properly

25  and to determine the extent to which the seller's transactions

26  are being processed by the certified service provider.

27         (c)  A person that provides a certified automated

28  system is responsible for the proper functioning of that

29  system and is liable to the state for underpayments of tax

30  attributable to errors in the functioning of the certified

31  automated system. A seller that uses a certified automated


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    CS for SB 1978                                 First Engrossed



  1  system remains responsible and is liable to the state for

  2  reporting and remitting tax.

  3         (d)  A seller that has a proprietary system for

  4  determining the amount of tax due on transactions and has

  5  signed an agreement establishing a performance standards for

  6  that system is liable for the failure of the system to meet

  7  the performance standard.

  8         (9)  Disclosure of information necessary under this

  9  section must be pursuant to a written agreement between the

10  executive director of the department or his or her designee

11  and the certified service provider. The certified service

12  provider is bound by the same requirements of confidentiality

13  as the department. Breach of confidentiality is a misdemeanor

14  of the first degree, punishable as provided in s. 775.082 or

15  s. 775.083.

16         (10)  On or before January 1 annually, the department

17  shall provide recommendations to the President of the Senate,

18  the Senate Minority Leader, the Speaker of the House of

19  Representatives, and the Minority Leader of the House of

20  Representatives for provisions to be adopted for inclusion

21  within the system which are necessary to bring it into

22  compliance with the Streamlined Sales and Use Tax Agreement.

23         Section 19.  Subsection (2) of section 213.285, Florida

24  Statutes, is amended to read:

25         213.285  Certified audits.--

26         (2)(a)  The department is authorized to initiate a

27  certified audits project to further enhance tax compliance

28  reviews performed by qualified practitioners and to encourage

29  taxpayers to hire qualified practitioners at their own expense

30  to review and report on their tax compliance.  The nature of

31  certified audit work performed by qualified practitioners


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    CS for SB 1978                                 First Engrossed



  1  shall be agreed-upon procedures in which the department is the

  2  specified user of the resulting report.

  3         (b)  As an incentive for taxpayers to incur the costs

  4  of a certified audit, the department shall compromise

  5  penalties and abate interest due on any tax liabilities

  6  revealed by a certified audit as provided in s. 213.21.  This

  7  authority to compromise penalties or abate interest shall not

  8  apply to any liability for taxes that were collected by the

  9  participating taxpayer but that were not remitted to the

10  department.

11         (c)  The certified audits project is repealed on July

12  1, 2006 2002, or upon completion of the project as determined

13  by the department, whichever occurs first.

14         Section 20.  Paragraph (n) of subsection (7) of section

15  213.053, Florida Statutes, is amended to read:

16         213.053  Confidentiality and information sharing.--

17         (7)  Notwithstanding any other provision of this

18  section, the department may provide:

19         (n)  Information contained in returns, reports,

20  accounts, or declarations to the Board of Accountancy in

21  connection with a disciplinary proceeding conducted pursuant

22  to chapter 473 when related to a certified public accountant

23  participating in the certified audits project, or to the court

24  in connection with a civil proceeding brought by the

25  department relating to a claim for recovery of taxes due to

26  negligence on the part of a certified public accountant

27  participating in the certified audits project.  In any

28  judicial proceeding brought by the department, upon motion for

29  protective order, the court shall limit disclosure of tax

30  information when necessary to effectuate the purposes of this

31  section.  This paragraph is repealed on July 1, 2006 2002.


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    CS for SB 1978                                 First Engrossed



  1

  2  Disclosure of information under this subsection shall be

  3  pursuant to a written agreement between the executive director

  4  and the agency.  Such agencies, governmental or

  5  nongovernmental, shall be bound by the same requirements of

  6  confidentiality as the Department of Revenue.  Breach of

  7  confidentiality is a misdemeanor of the first degree,

  8  punishable as provided by s. 775.082 or s. 775.083.

  9         Section 21.  Subsection (8) of section 213.21, Florida

10  Statutes, is amended to read:

11         213.21  Informal conferences; compromises.--

12         (8)  In order to determine whether certified audits are

13  an effective tool in the overall state tax collection effort,

14  the executive director of the department or the executive

15  director's designee shall settle or compromise penalty

16  liabilities of taxpayers who participate in the certified

17  audits project.  As further incentive for participating in the

18  program, the department shall abate the first $25,000 of any

19  interest liability and 25 percent of any interest due in

20  excess of the first $25,000. A settlement or compromise of

21  penalties or interest pursuant to this subsection shall not be

22  subject to the provisions of paragraph (3)(a), except for the

23  requirement relating to confidentiality of records.  The

24  department may consider an additional compromise of tax or

25  interest pursuant to the provisions of paragraph (3)(a).  This

26  subsection does not apply to any liability related to taxes

27  collected but not remitted to the department.  This subsection

28  is repealed on July 1, 2006 2002.

29         Section 22.  Section 213.30, Florida Statutes, is

30  amended to read:

31


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    CS for SB 1978                                 First Engrossed



  1         213.30  Compensation for information relating to a

  2  violation of the tax laws.--

  3         (1)  The executive director of the department, pursuant

  4  to rules adopted by the department, is authorized to

  5  compensate persons providing information to the department

  6  leading to:

  7         (a)  The punishment of, or collection of taxes,

  8  penalties, or interest from, any person with respect to the

  9  taxes enumerated in s. 213.05.  The amount of any payment made

10  under this paragraph may not exceed 10 percent of any tax,

11  penalties, or interest collected as a result of such

12  information.

13         (b)  The identification and registration of a taxpayer

14  who is not in compliance with the registration requirements of

15  any tax statute that is listed in s. 213.05.  The amount of

16  the payment made to any person who provides information to the

17  department which results in the registration of a noncompliant

18  taxpayer shall be $100.  The reward authorized in this

19  paragraph shall be paid only if the noncompliant taxpayer:

20         1.  Conducts business from a permanent, fixed location;

21         2.  Is engaged in a bona fide taxable activity; and

22         3.  Is found by the department to have an unpaid tax

23  liability.

24         (2)  Any employee of the department or of any other

25  state or federal agency who comes into possession of

26  information relating to a violation of a revenue law while an

27  employee of such agency may provide information to the

28  department of the type described in subsection (1), but the

29  employee may not be compensated under this section.  Any

30  former employee of the department or any other state or

31  federal agency who came into possession of information


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    CS for SB 1978                                 First Engrossed



  1  relating to a violation of a revenue law while an employee of

  2  such agency may provide information to the department of the

  3  type described in subsection (1), but the former employee may

  4  not receive compensation under this section.

  5         (3)  Notwithstanding the provisions of any other law,

  6  this section is the sole means by which any person may obtain

  7  any moneys as the result of or in relation to the failure by

  8  another person to comply with the tax laws of this state. The

  9  use of any other law to obtain moneys for such failure is in

10  derogation of this statute and conflicts with the state's duty

11  to administer the tax laws.

12         Section 23.  The amendment to section 213.30, Florida

13  Statutes, made by this act does not apply to any case in

14  litigation or under seal on the effective date of this act.

15         Section 24.  Paragraph (f) of subsection (4) of section

16  11 of chapter 2000-165, Laws of Florida, is amended to read:

17         (4)  Effective October 1, 2000, the following programs

18  and functions are transferred to the Agency for Workforce

19  Innovation:

20         (f)  The Division of Unemployment Compensation is

21  transferred by a type two transfer, as defined in section

22  20.06(2), Florida Statutes, from the Department of Labor and

23  Employment Security to the Agency for Workforce Innovation.

24  The resources, data, records, property, and unexpended

25  balances of appropriations, allocations, and other funds

26  within the Office of the Secretary or any other division,

27  office, bureau, or unit within the Department of Labor and

28  Employment Security that support the Division of Unemployment

29  Compensation are transferred by a type two transfer, as

30  defined in section 20.06(2), Florida Statutes, from the

31  Department of Labor and Employment Security.  By January 1,


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    CS for SB 1978                                 First Engrossed



  1  2001, the Agency for Workforce Innovation shall enter into a

  2  contract with the Department of Revenue which shall provide

  3  for the Department of Revenue to provide unemployment tax

  4  collection services.  The Department of Revenue, in

  5  consultation with the Department of Labor and Employment

  6  Security, shall determine the number of positions needed to

  7  provide unemployment tax collection services within the

  8  Department of Revenue.  The number of unemployment tax

  9  collection service positions the Department of Revenue

10  determines are needed shall not exceed the number of positions

11  that, prior to the contract, were authorized to the Department

12  of Labor and Employment Security for this purpose.  Upon

13  entering into the contract with the Agency for Workforce

14  Innovation to provide unemployment tax collection services,

15  the number of required positions, as determined by the

16  Department of Revenue, shall be authorized within the

17  Department of Revenue.  Beginning January 1, 2002, the Office

18  of Program Policy Analysis and Government Accountability shall

19  conduct a feasibility study regarding privatization of

20  unemployment tax collection services.  A report on the

21  conclusions of this study shall be submitted to the Governor,

22  the President of the Senate, and the Speaker of the House of

23  Representatives. The Department of Revenue is considered to be

24  administering a revenue law of this state when it provides

25  unemployment compensation tax collection services pursuant to

26  its contract with the Agency for Workforce Innovation. The

27  following provisions of chapter 213, Florida Statutes, apply

28  to the collection of unemployment contributions by the

29  Department of Revenue unless prohibited by federal law: ss.

30  213.018, 213.025, 213.051, 213.053, 213.055, 213.071, 213.10,

31  213.21(2), (3), (4), (5), (6), (7), and (8), 213.2201, 213.23,


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    CS for SB 1978                                 First Engrossed



  1  213.24, 213.25, 213.26, 213.27, 213.28, 213.285, 213.30,

  2  213.34, 213.37, 213.50, 213.67, 213.69, 213.73, 213.731,

  3  213.732, 213.733, 213.74, 213.755, and 213.757.

  4         Section 25.  Subsection (7) of section 45.031, Florida

  5  Statutes, is amended to read:

  6         45.031  Judicial sales procedure.--In any sale of real

  7  or personal property under an order or judgment, the following

  8  procedure may be followed as an alternative to any other sale

  9  procedure if so ordered by the court:

10         (7)  DISBURSEMENTS OF PROCEEDS.--On filing a

11  certificate of title the clerk shall disburse the proceeds of

12  the sale in accordance with the order or final judgment, and

13  shall file a report of such disbursements and serve a copy of

14  it on each party not in default, and on the Department of

15  Revenue, if it was named as a defendant in the action or if

16  the Agency for Workforce Innovation or the Florida Department

17  of Labor and Employment Security was named as a defendant

18  while the Department of Revenue was performing unemployment

19  compensation tax collection services pursuant to a contract

20  with the Agency for Workforce Innovation, in substantially the

21  following form:

22

23  (Caption of Action)

24

25                   CERTIFICATE OF DISBURSEMENTS

26

27         The undersigned clerk of the court certifies that he or

28  she disbursed the proceeds received from the sale of the

29  property as provided in the order or final judgment to the

30  persons and in the amounts as follows:

31  Name                                                    Amount


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    CS for SB 1978                                 First Engrossed



  1

  2                              Total

  3

  4  WITNESS my hand and the seal of the court on ....,

  5  ...(year)....

  6                                                   ...(Clerk)...

  7                                         By ...(Deputy Clerk)...

  8

  9  If no objections to the report are served within 10 days after

10  it is filed, the disbursements by the clerk shall stand

11  approved as reported. If timely objections to the report are

12  served, they shall be heard by the court. Service of

13  objections to the report does not affect or cloud the title of

14  the purchaser of the property in any manner.

15         Section 26.  Paragraph (a) of subsection (4) of section

16  69.041, Florida Statutes, is amended to read:

17         69.041  State named party; lien foreclosure, suit to

18  quiet title.--

19         (4)(a)  The Department of Revenue has the right to

20  participate in the disbursement of funds remaining in the

21  registry of the court after distribution pursuant to s.

22  45.031(7). The department shall participate in accordance with

23  applicable procedures in any mortgage foreclosure action in

24  which the department has a duly filed tax warrant, or

25  interests under a lien arising from a judgment, order, or

26  decree for child support, or interest in an unemployment

27  compensation tax lien pursuant to a contract with the Agency

28  for Workforce Innovation, against the subject property and

29  with the same priority, regardless of whether a default

30  against the department, the Agency for Workforce Innovation,

31  or the Department of Labor and Employment Security has been


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    CS for SB 1978                                 First Engrossed



  1  entered for failure to file an answer or other responsive

  2  pleading.

  3         Section 27.  Subsection (1) of section 213.053, Florida

  4  Statutes, is amended to read:

  5         213.053  Confidentiality and information sharing.--

  6         (1)  The provisions of this section apply to s.

  7  125.0104, county government; s. 125.0108, tourist impact tax;

  8  chapter 175, municipal firefighters' pension trust funds;

  9  chapter 185, municipal police officers' retirement trust

10  funds; chapter 198, estate taxes; chapter 199, intangible

11  personal property taxes; chapter 201, excise tax on documents;

12  chapter 203, gross receipts taxes; chapter 211, tax on

13  severance and production of minerals; chapter 212, tax on

14  sales, use, and other transactions; chapter 220, income tax

15  code; chapter 221, emergency excise tax; s. 252.372, emergency

16  management, preparedness, and assistance surcharge; s.

17  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

18  pollutant spill prevention and control; s. 403.718, waste tire

19  fees; s. 403.7185, lead-acid battery fees; s. 538.09,

20  registration of secondhand dealers; s. 538.25, registration of

21  secondary metals recyclers; ss. 624.501 and 624.509-624.515,

22  insurance code; s. 681.117, motor vehicle warranty

23  enforcement; and s. 896.102, reports of financial transactions

24  in trade or business. The provisions of this section, except

25  paragraph (7)(f), also apply to chapter 443 while the

26  department is performing tax collection services for the

27  Agency for Workforce Innovation pursuant to chapter 2000-165,

28  Laws of Florida; however, the exceptions to confidentiality

29  contained in ss. 443.171(7) and 443.1715 remain in full force

30  and effect.

31


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    CS for SB 1978                                 First Engrossed



  1         Section 28.  Effective July 1, 2001, notwithstanding

  2  section 10 of chapter 90-110, Laws of Florida, subsection (3)

  3  of section 215.20, Florida Statutes, shall not expire on

  4  October 1, 2001, as scheduled by that law, but subsection (3)

  5  of section 215.20, Florida Statutes, is revived and readopted.

  6         Section 29.  Effective upon becoming a law, and

  7  applying retroactively to June 1, 2001, if this act does not

  8  become a law by that date, section 4 of chapter 96-395, Laws

  9  of Florida, is repealed.

10         Section 30.  Subsection (8) is added to section 201.02,

11  Florida Statutes, to read:

12         201.02  Tax on deeds and other instruments relating to

13  real property or interests in real property.--

14         (8)  The taxes imposed by this section do not apply to

15  deeds, instruments, or writings whereby any lands, tenements,

16  or other real property, or any interest therein, is granted,

17  assigned, transferred, or otherwise conveyed from an electric

18  utility to a regional transmission organization under the

19  jurisdiction of the Federal Energy Regulatory Commission.

20         Section 31.  Paragraph (g) of subsection (10) of

21  section 212.02, Florida Statutes, is amended to read:

22         212.02  Definitions.--The following terms and phrases

23  when used in this chapter have the meanings ascribed to them

24  in this section, except where the context clearly indicates a

25  different meaning:

26         (10)  "Lease," "let," or "rental" means leasing or

27  renting of living quarters or sleeping or housekeeping

28  accommodations in hotels, apartment houses, roominghouses,

29  tourist or trailer camps and real property, the same being

30  defined as follows:

31


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    CS for SB 1978                                 First Engrossed



  1         (g)  "Lease," "let," or "rental" also means the leasing

  2  or rental of tangible personal property and the possession or

  3  use thereof by the lessee or rentee for a consideration,

  4  without transfer of the title of such property, except as

  5  expressly provided to the contrary herein.  The term "lease,"

  6  "let," or "rental" does not mean hourly, daily, or mileage

  7  charges, to the extent that such charges are subject to the

  8  jurisdiction of the Surface Transportation Board United States

  9  Interstate Commerce Commission, when such charges are paid by

10  reason of the presence of railroad cars owned by another on

11  the tracks of the taxpayer, or charges made pursuant to car

12  service agreements. The terms "lease," "let," "rental," or

13  "license" do not include payments by a regional transmission

14  organization operating under the jurisdiction of the Federal

15  Energy Regulatory Commission which are made to an electric

16  utility in connection with the regional transmission

17  organization's use or control of the utility's high-voltage

18  bulk transmission facilities. However, where two taxpayers, in

19  connection with the interchange of facilities, rent or lease

20  property, each to the other, for use in providing or

21  furnishing any of the services mentioned in s. 166.231, the

22  term "lease or rental" means only the net amount of rental

23  involved.

24         Section 32.  Paragraph (a) of subsection (1) of section

25  212.031, Florida Statutes, is amended to read:

26         212.031  Lease or rental of or license in real

27  property.--

28         (1)

29         (a)  It is declared to be the legislative intent that

30  every person is exercising a taxable privilege who engages in

31  the business of renting, leasing, letting, or granting a


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    CS for SB 1978                                 First Engrossed



  1  license for the use of any real property unless such property

  2  is:

  3         1.  Assessed as agricultural property under s. 193.461.

  4         2.  Used exclusively as dwelling units.

  5         3.  Property subject to tax on parking, docking, or

  6  storage spaces under s. 212.03(6).

  7         4.  Recreational property or the common elements of a

  8  condominium when subject to a lease between the developer or

  9  owner thereof and the condominium association in its own right

10  or as agent for the owners of individual condominium units or

11  the owners of individual condominium units. However, only the

12  lease payments on such property shall be exempt from the tax

13  imposed by this chapter, and any other use made by the owner

14  or the condominium association shall be fully taxable under

15  this chapter.

16         5.  A public or private street or right-of-way and

17  poles, conduits, fixtures, and similar improvements located on

18  such streets or rights-of-way, occupied or used by a utility

19  or franchised cable television company for utility or

20  communications or television purposes. For purposes of this

21  subparagraph, the term "utility" means any person providing

22  utility services as defined in s. 203.012 and includes a

23  regional transmission organization operating under the

24  jurisdiction of the Federal Energy Regulatory Commission. This

25  exception also applies to property, wherever located, on which

26  the following are placed: towers, antennas, cables, accessory

27  structures, or equipment, not including switching equipment,

28  used in the provision of mobile communications services as

29  defined in s. 202.11. For purposes of this chapter, towers

30  used in the provision of mobile communications services, as

31  defined in s. 202.11, are considered to be fixtures.


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    CS for SB 1978                                 First Engrossed



  1         6.  A public street or road which is used for

  2  transportation purposes.

  3         7.  Property used at an airport exclusively for the

  4  purpose of aircraft landing or aircraft taxiing or property

  5  used by an airline for the purpose of loading or unloading

  6  passengers or property onto or from aircraft or for fueling

  7  aircraft.

  8         8.a.  Property used at a port authority, as defined in

  9  s. 315.02(2), exclusively for the purpose of oceangoing

10  vessels or tugs docking, or such vessels mooring on property

11  used by a port authority for the purpose of loading or

12  unloading passengers or cargo onto or from such a vessel, or

13  property used at a port authority for fueling such vessels, or

14  to the extent that the amount paid for the use of any property

15  at the port is based on the charge for the amount of tonnage

16  actually imported or exported through the port by a tenant.

17         b.  The amount charged for the use of any property at

18  the port in excess of the amount charged for tonnage actually

19  imported or exported shall remain subject to tax except as

20  provided in sub-subparagraph a.

21         9.  Property used as an integral part of the

22  performance of qualified production services.  As used in this

23  subparagraph, the term "qualified production services" means

24  any activity or service performed directly in connection with

25  the production of a qualified motion picture, as defined in s.

26  212.06(1)(b), and includes:

27         a.  Photography, sound and recording, casting, location

28  managing and scouting, shooting, creation of special and

29  optical effects, animation, adaptation (language, media,

30  electronic, or otherwise), technological modifications,

31  computer graphics, set and stage support (such as


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    CS for SB 1978                                 First Engrossed



  1  electricians, lighting designers and operators, greensmen,

  2  prop managers and assistants, and grips), wardrobe (design,

  3  preparation, and management), hair and makeup (design,

  4  production, and application), performing (such as acting,

  5  dancing, and playing), designing and executing stunts,

  6  coaching, consulting, writing, scoring, composing,

  7  choreographing, script supervising, directing, producing,

  8  transmitting dailies, dubbing, mixing, editing, cutting,

  9  looping, printing, processing, duplicating, storing, and

10  distributing;

11         b.  The design, planning, engineering, construction,

12  alteration, repair, and maintenance of real or personal

13  property including stages, sets, props, models, paintings, and

14  facilities principally required for the performance of those

15  services listed in sub-subparagraph a.; and

16         c.  Property management services directly related to

17  property used in connection with the services described in

18  sub-subparagraphs a. and b.

19

20  This exemption will inure to the taxpayer upon presentation of

21  the certificate of exemption issued to the taxpayer under the

22  provisions of s. 288.1258.

23         10.  Leased, subleased, licensed, or rented to a person

24  providing food and drink concessionaire services within the

25  premises of a convention hall, exhibition hall, auditorium,

26  stadium, theater, arena, civic center, performing arts center,

27  publicly owned recreational facility, or any business operated

28  under a permit issued pursuant to chapter 550.  A person

29  providing retail concessionaire services involving the sale of

30  food and drink or other tangible personal property within the

31  premises of an airport shall be subject to tax on the rental


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    CS for SB 1978                                 First Engrossed



  1  of real property used for that purpose, but shall not be

  2  subject to the tax on any license to use the property.  For

  3  purposes of this subparagraph, the term "sale" shall not

  4  include the leasing of tangible personal property.

  5         11.  Property occupied pursuant to an instrument

  6  calling for payments which the department has declared, in a

  7  Technical Assistance Advisement issued on or before March 15,

  8  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  9  Florida Administrative Code; provided that this subparagraph

10  shall only apply to property occupied by the same person

11  before and after the execution of the subject instrument and

12  only to those payments made pursuant to such instrument,

13  exclusive of renewals and extensions thereof occurring after

14  March 15, 1993.

15         12.  Rented, leased, subleased, or licensed to a

16  concessionaire by a convention hall, exhibition hall,

17  auditorium, stadium, theater, arena, civic center, performing

18  arts center, or publicly owned recreational facility, during

19  an event at the facility, to be used by the concessionaire to

20  sell souvenirs, novelties, or other event-related products.

21  This subparagraph applies only to that portion of the rental,

22  lease, or license payment which is based on a percentage of

23  sales and not based on a fixed price.

24         13.  Property used or occupied predominantly for space

25  flight business purposes. As used in this subparagraph, "space

26  flight business" means the manufacturing, processing, or

27  assembly of a space facility, space propulsion system, space

28  vehicle, satellite, or station of any kind possessing the

29  capacity for space flight, as defined by s. 212.02(23), or

30  components thereof, and also means the following activities

31  supporting space flight: vehicle launch activities, flight


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    CS for SB 1978                                 First Engrossed



  1  operations, ground control or ground support, and all

  2  administrative activities directly related thereto. Property

  3  shall be deemed to be used or occupied predominantly for space

  4  flight business purposes if more than 50 percent of the

  5  property, or improvements thereon, is used for one or more

  6  space flight business purposes. Possession by a landlord,

  7  lessor, or licensor of a signed written statement from the

  8  tenant, lessee, or licensee claiming the exemption shall

  9  relieve the landlord, lessor, or licensor from the

10  responsibility of collecting the tax, and the department shall

11  look solely to the tenant, lessee, or licensee for recovery of

12  such tax if it determines that the exemption was not

13  applicable.

14         Section 33.  Effective July 1, 2003, paragraph (a) of

15  subsection (1) of section 212.031, Florida Statutes, as

16  amended by section 3 of chapter 2000-345, Laws of Florida, is

17  amended to read:

18         212.031  Lease or rental of or license in real

19  property.--

20         (1)(a)  It is declared to be the legislative intent

21  that every person is exercising a taxable privilege who

22  engages in the business of renting, leasing, letting, or

23  granting a license for the use of any real property unless

24  such property is:

25         1.  Assessed as agricultural property under s. 193.461.

26         2.  Used exclusively as dwelling units.

27         3.  Property subject to tax on parking, docking, or

28  storage spaces under s. 212.03(6).

29         4.  Recreational property or the common elements of a

30  condominium when subject to a lease between the developer or

31  owner thereof and the condominium association in its own right


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    CS for SB 1978                                 First Engrossed



  1  or as agent for the owners of individual condominium units or

  2  the owners of individual condominium units. However, only the

  3  lease payments on such property shall be exempt from the tax

  4  imposed by this chapter, and any other use made by the owner

  5  or the condominium association shall be fully taxable under

  6  this chapter.

  7         5.  A public or private street or right-of-way and

  8  poles, conduits, fixtures, and similar improvements located on

  9  such streets or rights-of-way, occupied or used by a utility

10  or franchised cable television company for utility or

11  communications or television purposes. For purposes of this

12  subparagraph, the term "utility" means any person providing

13  utility services as defined in s. 203.012 and includes a

14  regional transmission organization operating under the

15  jurisdiction of the Federal Energy Regulatory Commission. This

16  exception also applies to property, wherever located, on which

17  the following are placed: towers, antennas, cables, accessory

18  structures, or equipment, not including switching equipment,

19  used in the provision of mobile communications services as

20  defined in s. 202.11. For purposes of this chapter, towers

21  used in the provision of mobile communications services, as

22  defined in s. 202.11, are considered to be fixtures.

23         6.  A public street or road which is used for

24  transportation purposes.

25         7.  Property used at an airport exclusively for the

26  purpose of aircraft landing or aircraft taxiing or property

27  used by an airline for the purpose of loading or unloading

28  passengers or property onto or from aircraft or for fueling

29  aircraft.

30         8.a.  Property used at a port authority, as defined in

31  s. 315.02(2), exclusively for the purpose of oceangoing


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    CS for SB 1978                                 First Engrossed



  1  vessels or tugs docking, or such vessels mooring on property

  2  used by a port authority for the purpose of loading or

  3  unloading passengers or cargo onto or from such a vessel, or

  4  property used at a port authority for fueling such vessels, or

  5  to the extent that the amount paid for the use of any property

  6  at the port is based on the charge for the amount of tonnage

  7  actually imported or exported through the port by a tenant.

  8         b.  The amount charged for the use of any property at

  9  the port in excess of the amount charged for tonnage actually

10  imported or exported shall remain subject to tax except as

11  provided in sub-subparagraph a.

12         9.  Property used as an integral part of the

13  performance of qualified production services.  As used in this

14  subparagraph, the term "qualified production services" means

15  any activity or service performed directly in connection with

16  the production of a qualified motion picture, as defined in s.

17  212.06(1)(b), and includes:

18         a.  Photography, sound and recording, casting, location

19  managing and scouting, shooting, creation of special and

20  optical effects, animation, adaptation (language, media,

21  electronic, or otherwise), technological modifications,

22  computer graphics, set and stage support (such as

23  electricians, lighting designers and operators, greensmen,

24  prop managers and assistants, and grips), wardrobe (design,

25  preparation, and management), hair and makeup (design,

26  production, and application), performing (such as acting,

27  dancing, and playing), designing and executing stunts,

28  coaching, consulting, writing, scoring, composing,

29  choreographing, script supervising, directing, producing,

30  transmitting dailies, dubbing, mixing, editing, cutting,

31


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    CS for SB 1978                                 First Engrossed



  1  looping, printing, processing, duplicating, storing, and

  2  distributing;

  3         b.  The design, planning, engineering, construction,

  4  alteration, repair, and maintenance of real or personal

  5  property including stages, sets, props, models, paintings, and

  6  facilities principally required for the performance of those

  7  services listed in sub-subparagraph a.; and

  8         c.  Property management services directly related to

  9  property used in connection with the services described in

10  sub-subparagraphs a. and b.

11

12  This exemption will inure to the taxpayer upon presentation of

13  the certificate of exemption issued to the taxpayer under the

14  provisions of s. 288.1258.

15

16         10.  Leased, subleased, licensed, or rented to a person

17  providing food and drink concessionaire services within the

18  premises of a convention hall, exhibition hall, auditorium,

19  stadium, theater, arena, civic center, performing arts center,

20  publicly owned recreational facility, or any business operated

21  under a permit issued pursuant to chapter 550.  A person

22  providing retail concessionaire services involving the sale of

23  food and drink or other tangible personal property within the

24  premises of an airport shall be subject to tax on the rental

25  of real property used for that purpose, but shall not be

26  subject to the tax on any license to use the property.  For

27  purposes of this subparagraph, the term "sale" shall not

28  include the leasing of tangible personal property.

29         11.  Property occupied pursuant to an instrument

30  calling for payments which the department has declared, in a

31  Technical Assistance Advisement issued on or before March 15,


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    CS for SB 1978                                 First Engrossed



  1  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  2  Florida Administrative Code; provided that this subparagraph

  3  shall only apply to property occupied by the same person

  4  before and after the execution of the subject instrument and

  5  only to those payments made pursuant to such instrument,

  6  exclusive of renewals and extensions thereof occurring after

  7  March 15, 1993.

  8         12.  Property used or occupied predominantly for space

  9  flight business purposes. As used in this subparagraph, "space

10  flight business" means the manufacturing, processing, or

11  assembly of a space facility, space propulsion system, space

12  vehicle, satellite, or station of any kind possessing the

13  capacity for space flight, as defined by s. 212.02(23), or

14  components thereof, and also means the following activities

15  supporting space flight: vehicle launch activities, flight

16  operations, ground control or ground support, and all

17  administrative activities directly related thereto. Property

18  shall be deemed to be used or occupied predominantly for space

19  flight business purposes if more than 50 percent of the

20  property, or improvements thereon, is used for one or more

21  space flight business purposes. Possession by a landlord,

22  lessor, or licensor of a signed written statement from the

23  tenant, lessee, or licensee claiming the exemption shall

24  relieve the landlord, lessor, or licensor from the

25  responsibility of collecting the tax, and the department shall

26  look solely to the tenant, lessee, or licensee for recovery of

27  such tax if it determines that the exemption was not

28  applicable.

29         Section 34.  Subsection (1) and paragraph (a) of

30  subsection (2) of section 201.08, Florida Statutes, are

31  amended to read:


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    CS for SB 1978                                 First Engrossed



  1         201.08  Tax on promissory or nonnegotiable notes,

  2  written obligations to pay money, or assignments of wages or

  3  other compensation; exception.--

  4         (1)(a)  On promissory notes, nonnegotiable notes,

  5  written obligations to pay money, or assignments of salaries,

  6  wages, or other compensation made, executed, delivered, sold,

  7  transferred, or assigned in the state, and for each renewal of

  8  the same, the tax shall be 35 cents on each $100 or fraction

  9  thereof of the indebtedness or obligation evidenced thereby.

10  The tax on any document described in this paragraph shall not

11  exceed $2,450.

12         (b)  On mortgages, trust deeds, security agreements, or

13  other evidences of indebtedness filed or recorded in this

14  state, and for each renewal of the same, the tax shall be 35

15  cents on each $100 or fraction thereof of the indebtedness or

16  obligation evidenced thereby.  Mortgages, including, but not

17  limited to, mortgages executed without the state and recorded

18  in the state, which incorporate the certificate of

19  indebtedness, not otherwise shown in separate instruments, are

20  subject to the same tax at the same rate.  When there is both

21  a mortgage, trust deed, or security agreement and a note,

22  certificate of indebtedness, or obligation, the tax shall be

23  paid on the mortgage, trust deed, or security agreement at the

24  time of recordation.  A notation shall be made on the note,

25  certificate of indebtedness, or obligation that the tax has

26  been paid on the mortgage, trust deed, or security agreement.

27  If the mortgage, trust deed, security agreement, or other

28  evidence of indebtedness subject to the tax levied by this

29  section secures future advances, as provided in s. 697.04, the

30  tax shall be paid at the time of recordation on the initial

31  debt or obligation secured, excluding future advances; at the


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    CS for SB 1978                                 First Engrossed



  1  time and so often as any future advance is made, the tax shall

  2  be paid on all sums then advanced regardless of where such

  3  advance is made. Notwithstanding the aforestated general rule,

  4  any increase in the amount of original indebtedness caused by

  5  interest accruing under an adjustable rate note or mortgage

  6  having an initial interest rate adjustment interval of not

  7  less than 6 months shall be taxable as a future advance only

  8  to the extent such increase is a computable sum certain when

  9  the document is executed.  Failure to pay the tax shall not

10  affect the lien for any such future advance given by s.

11  697.04, but any person who fails or refuses to pay such tax

12  due by him or her is guilty of a misdemeanor of the first

13  degree.  The mortgage, trust deed, or other instrument shall

14  not be enforceable in any court of this state as to any such

15  advance unless and until the tax due thereon upon each advance

16  that may have been made thereunder has been paid.

17         (2)(a)  On promissory notes, nonnegotiable notes,

18  written obligations to pay money, or other compensation, made,

19  executed, delivered, sold, transferred, or assigned in the

20  state, in connection with sales made under retail charge

21  account services, incident to sales which are not conditional

22  in character and which are not secured by mortgage or other

23  pledge of purchaser, the tax shall be 35 cents on each $100 or

24  fraction thereof of the gross amount of the indebtedness

25  evidenced by such instruments, payable quarterly on such forms

26  and under such rules and regulations as may be promulgated by

27  the Department of Revenue. The tax on any document described

28  in this paragraph shall not exceed $2,450.

29         Section 35.  Effective upon this act becoming a law and

30  applying retroactively to December 21, 2000, section 443.1315,

31  Florida Statutes, is created to read:


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    CS for SB 1978                                 First Engrossed



  1         443.1315  Treatment of Indian tribes.--

  2         (1)  As used in this section, the term:

  3         (a)  "Employer" includes any Indian tribe for which

  4  service in employment as defined by this chapter is performed.

  5         (b)  "Employment" includes service performed in the

  6  employ of an Indian tribe, as defined by s. 3306(u) of the

  7  Federal Unemployment Tax Act, provided such service is

  8  excluded from "employment," as defined by that act, solely by

  9  reason of s. 3306(c)(7) of said act and is not otherwise

10  excluded from "employment" under this chapter. For purposes of

11  this section, the exclusions from employment under s.

12  443.036(21)(d) shall be applicable to services performed in

13  the employ of an Indian tribe.

14         (2)  Benefits based on service in employment, as

15  defined by this section, shall be payable in the same amount,

16  on the same terms, and subject to the same conditions as

17  benefits payable on the basis of other service subject to this

18  chapter.

19         (3)(a)  Indian tribes or tribal units, including

20  subdivisions, subsidiaries, or business enterprises wholly

21  owned by such Indian tribes, subject to this chapter shall pay

22  contributions under the same terms and conditions as all other

23  subject employers, unless they elect to pay into the

24  Unemployment Compensation Trust Fund amounts equal to the

25  amount of benefits attributable to service in the employ of

26  the Indian tribe.

27         (b)  Indian tribes electing to make payments in lieu of

28  contributions must make such election in the same manner and

29  under the same conditions as provided by s. 443.131 for state

30  and local governments and nonprofit organizations subject to

31  this chapter. Indian tribes shall determine if reimbursement


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    CS for SB 1978                                 First Engrossed



  1  for benefits paid will be elected by the tribe as a whole, by

  2  individual tribal units, or by combinations of individual

  3  tribal units.

  4         (c)  Indian tribes or tribal units shall be billed for

  5  the full amount of benefits attributable to service in the

  6  employ of the Indian tribe or tribal unit on the same schedule

  7  as other employing units that have elected to make payments in

  8  lieu of contributions.

  9         (d)  At the discretion of the director of the Agency

10  for Workforce Innovation or his or her designee, any Indian

11  tribe or tribal unit that elects to become liable for payments

12  in lieu of contributions shall be required, within 90 days

13  after the effective date of its election, to:

14         1.  Execute and file with the director or his or her

15  designee a surety bond approved by the director or his or her

16  designee; or

17         2.  Deposit with the director or his or her designee

18  money or securities on the same basis as other employers with

19  the same election option.

20         (4)(a)1.  Failure of the Indian tribe or tribal unit to

21  make required payments, including assessments of interest and

22  penalty, within 90 days after receipt of the bill, will cause

23  the Indian tribe to lose the option to make payments in lieu

24  of contributions, as described in subsection (3), for the

25  following tax year, unless payment in full is received before

26  contribution rates for the next tax year are computed.

27         2.  Any Indian tribe that loses the option to make

28  payments in lieu of contributions due to late payment or

29  nonpayment, as described in subparagraph 1., shall have such

30  option reinstated if, after a period of 1 year, all

31  contributions have been made timely, provided no


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    CS for SB 1978                                 First Engrossed



  1  contributions, payments in lieu of contributions for benefits

  2  paid, penalties, or interest remain outstanding.

  3         (b)1.  Failure of the Indian tribe or any tribal unit

  4  thereof to make required payments, including assessments of

  5  interest and penalty, after all collection activities deemed

  6  necessary by the director of the Agency for Workforce

  7  Innovation or his or her designee have been exhausted, will

  8  cause services performed for such tribe to not be treated as

  9  "employment" for purposes of paragraph (1)(b).

10         2.  The director or his or her designee may determine

11  that any Indian tribe that loses coverage under subparagraph

12  1. may have services performed for such tribe again included

13  as "employment" for purposes of paragraph (1)(b) if all

14  contributions, payments in lieu of contributions, penalties,

15  and interest have been paid.

16         (c)  If an Indian tribe fails to make payments required

17  under this section, including assessments of interest and

18  penalty, within 90 days after a final notice of delinquency,

19  the director of the Agency for Workforce Innovation shall

20  immediately notify the United States Internal Revenue Service

21  and the United States Department of Labor.

22         (5)  Notices of payment and reporting delinquency to

23  Indian tribes or their tribal units shall include information

24  that failure to make full payment within the prescribed

25  timeframe:

26         (a)  Will cause the Indian tribe to be liable for taxes

27  under the Federal Unemployment Tax Act.

28         (b)  Will cause the Indian tribe to lose the option to

29  make payments in lieu of contributions.

30         (c)  Could cause the Indian tribe to be excepted from

31  the definition of "employer," as provided in paragraph (1)(a),


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    CS for SB 1978                                 First Engrossed



  1  and services in the employ of the Indian tribe, as provided in

  2  paragraph (1)(b), to be excepted from "employment."

  3         (6)  Extended benefits paid that are attributable to

  4  service in the employ of an Indian tribe and not reimbursed by

  5  the Federal Government shall be financed in their entirety by

  6  such Indian tribe.

  7         (7)  The Agency for Workforce Innovation is authorized

  8  to adopt any rules it deems necessary to implement this

  9  section.

10         Section 36.  Paragraph (e) of subsection (3) of section

11  443.131, Florida Statutes, is amended to read:

12         443.131  Contributions.--

13         (3)  CONTRIBUTION RATES BASED ON BENEFIT EXPERIENCE.--

14         (e)1.  Variations from the standard rate of

15  contributions shall be assigned with respect to each calendar

16  year to employers eligible therefor. In determining the

17  contribution rate, varying from the standard rate to be

18  assigned each employer, adjustment factors provided for in

19  sub-subparagraphs a.-c. will be added to the benefit ratio.

20  This addition will be accomplished in two steps by adding a

21  variable adjustment factor and a final adjustment factor as

22  defined below. The sum of these adjustment factors provided

23  for in sub-subparagraphs a.-c. will first be algebraically

24  summed. The sum of these adjustment factors will then be

25  divided by a gross benefit ratio to be determined as follows:

26  Total benefit payments for the previous 3 years, as defined in

27  subparagraph (b)1., charged to employers eligible to be

28  assigned a contribution rate different from the standard rate

29  minus excess payments for the same period divided by taxable

30  payroll entering into the computation of individual benefit

31  ratios for the calendar year for which the contribution rate


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    CS for SB 1978                                 First Engrossed



  1  is being computed. The ratio of the sum of the adjustment

  2  factors provided for in sub-subparagraphs a.-c. to the gross

  3  benefit ratio will be multiplied by each individual benefit

  4  ratio below the maximum tax rate to obtain variable adjustment

  5  factors; except that in any instance in which the sum of an

  6  employer's individual benefit ratio and variable adjustment

  7  factor exceeds the maximum tax rate, the variable adjustment

  8  factor will be reduced so that the sum equals the maximum tax

  9  rate. The variable adjustment factor of each such employer

10  will be multiplied by his or her taxable payroll entering into

11  the computation of his or her benefit ratio. The sum of these

12  products will be divided by the taxable payroll of such

13  employers that entered into the computation of their benefit

14  ratios. The resulting ratio will be subtracted from the sum of

15  the adjustment factors provided for in sub-subparagraphs a.-c.

16  to obtain the final adjustment factor. The variable adjustment

17  factors and the final adjustment factor will be computed to

18  five decimal places and rounded to the fourth decimal place.

19  This final adjustment factor will be added to the variable

20  adjustment factor and benefit ratio of each employer to obtain

21  each employer's contribution rate; however, at no time shall

22  an employer's contribution rate be rounded to less than 0.1

23  percent.

24         a.  An adjustment factor for noncharge benefits will be

25  computed to the fifth decimal place, and rounded to the fourth

26  decimal place, by dividing the amount of benefit payments

27  noncharged in the 3 preceding years as defined in subparagraph

28  (b)1. by the taxable payroll of employers eligible to be

29  considered for assignment of a contribution rate different

30  from the standard rate that have a benefit ratio for the

31  current year less than the maximum contribution rate. The


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  1  taxable payroll of such employers will be the taxable payrolls

  2  for the 3 years ending June 30 of the current calendar year

  3  that had been reported to the division by September 30 of the

  4  same calendar year. Noncharge benefits for the purpose of this

  5  section shall be defined as benefit payments to an individual

  6  which were paid from the Unemployment Compensation Trust Fund

  7  but which were not charged to the unemployment record of any

  8  employer.

  9         b.  An excess payments adjustment factor will be

10  computed to the fifth decimal place, and rounded to the fourth

11  decimal place, by dividing the total excess payments during

12  the 3 preceding years as defined in subparagraph (b)1. by the

13  taxable payroll of employers eligible to be considered for

14  assignment of a contribution rate different from the standard

15  rate that have a benefit ratio for the current year less than

16  the maximum contribution rate. The taxable payroll of such

17  employers will be the same as used in computing the noncharge

18  adjustment factor as described in sub-subparagraph a. The term

19  "excess payments" for the purpose of this section is defined

20  as the amount of benefit payments charged to the employment

21  record of an employer during the 3 preceding years, as defined

22  in subparagraph (b)1., less the product of the maximum

23  contribution rate and his or her taxable payroll for the 3

24  years ending June 30 of the current calendar year that had

25  been reported to the division by September 30 of the same

26  calendar year. The term "total excess payments" is defined as

27  the sum of the individual employer excess payments for those

28  employers that were eligible to be considered for assignment

29  of a contribution rate different from the standard rate.

30         c.  If the balance in the Unemployment Compensation

31  Trust Fund as of June 30 of the calendar year immediately


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  1  preceding the calendar year for which the contribution rate is

  2  being computed is less than 3.7 4 percent of the taxable

  3  payrolls for the year ending June 30 as reported to the

  4  division by September 30 of that calendar year, a positive

  5  adjustment factor will be computed. Such adjustment factor

  6  shall be computed annually to the fifth decimal place, and

  7  rounded to the fourth decimal place, by dividing the sum of

  8  the total taxable payrolls for the year ending June 30 of the

  9  current calendar year as reported to the division by September

10  30 of such calendar year into a sum equal to one-fourth of the

11  difference between the amount in the fund as of June 30 of

12  such calendar year and the sum of 4.7 5 percent of the total

13  taxable payrolls for that year. Such adjustment factor will

14  remain in effect in subsequent years until a balance in the

15  Unemployment Compensation Trust Fund as of June 30 of the year

16  immediately preceding the effective date of such contribution

17  rate equals or exceeds 3.7 4 percent of the taxable payrolls

18  for the year ending June 30 of the current calendar year as

19  reported to the division by September 30 of that calendar

20  year. If the balance in the Unemployment Compensation Trust

21  Fund as of June 30 of the year immediately preceding the

22  calendar year for which the contribution rate is being

23  computed exceeds 4.7 5 percent of the taxable payrolls for the

24  year ending June 30 of the current calendar year as reported

25  to the division by September 30 of that calendar year, a

26  negative adjustment factor will be computed. Such adjustment

27  factor shall be computed annually to the fifth decimal place,

28  and rounded to the fourth decimal place, by dividing the sum

29  of the total taxable payrolls for the year ending June 30 of

30  the current calendar year as reported to the division by

31  September 30 of such calendar year into a sum equal to


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  1  one-fourth of the difference between the amount in the fund as

  2  of June 30 of the current calendar year and 4.7 5 percent of

  3  the total taxable payrolls of such year. Such adjustment

  4  factor will remain in effect in subsequent years until the

  5  balance in the Unemployment Compensation Trust Fund as of June

  6  30 of the year immediately preceding the effective date of

  7  such contribution rate is less than 4.7 5 percent but more

  8  than 3.7 4 percent of the taxable payrolls for the year ending

  9  June 30 of the current calendar year as reported to the

10  division by September 30 of that calendar year.

11         d.  The maximum contribution rate that can be assigned

12  to any employer shall be 5.4 percent, except those employers

13  participating in an approved short-time compensation plan in

14  which case the maximum shall be 1 percent above the current

15  maximum contribution rate, with respect to any calendar year

16  in which short-time compensation benefits are in the

17  employer's employment record.

18         2.  In the event of the transfer of employment records

19  to an employing unit pursuant to paragraph (g) which, prior to

20  such transfer, was an employer, the division shall recompute a

21  benefit ratio for the successor employer on the basis of the

22  combined employment records and reassign an appropriate

23  contribution rate to such successor employer as of the

24  beginning of the calendar quarter immediately following the

25  effective date of such transfer of employment records.

26         Section 37.  Subsection (1) of section 561.501, Florida

27  Statutes, is amended to read:

28         561.501  Surcharge on sale of alcoholic beverages for

29  consumption on the premises; penalty.--

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

31  of the Beverage Law, a surcharge of 3.34 cents is imposed upon


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

  2  2 cents is imposed on each 12 ounces of cider, and a surcharge

  3  of 1.34 cents is imposed on each 12 ounces of beer sold at

  4  retail for consumption on premises licensed by the division as

  5  an alcoholic beverage vendor. However, the surcharges imposed

  6  under this subsection need not be paid upon such beverages

  7  when they are sold by a nonprofit an organization that is

  8  licensed by the division under s. 561.422 or s. 565.02(4) as

  9  an alcoholic beverage vendor and that is determined by the

10  Internal Revenue Service to be currently exempt from federal

11  income tax under s. 501(c)(2), (3), (4), (5), (6), (7), (8),

12  (10), or (19) of the Internal Revenue Code of 1986, as

13  amended.

14         Section 38.  Effective July 1, 2001, subsection (6) is

15  added to section 236.25, Florida Statutes, to read:

16         236.25  District school tax.--

17         (6)  In addition to the maximum millage levied under

18  this section and the General Appropriations Act, a school

19  district may levy, by local referendum or in a general

20  election, additional millage for school operational purposes

21  up to an amount that, when combined with nonvoted millage

22  levied under this section, does not exceed the 10-mill limit

23  established in s. 9(b), Art. VII of the State Constitution.

24  Any such levy shall be for a maximum of 4 years and shall be

25  counted as part of the 10-mill limit established in s. 9(b),

26  Art. VII of the State Constitution. Millage elections

27  conducted under the authority granted pursuant to this section

28  are subject to ss. 236.31 and 236.32. Funds generated by such

29  additional millage do not become a part of the calculation of

30  the Florida Education Finance Program total potential funds in

31  2001-2002 or any subsequent year and must not be incorporated


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  1  in the calculation of any hold-harmless or other component of

  2  the Florida Education Finance Program formula in any year.

  3         Section 39.  Effective July 1, 2001, section 236.31,

  4  Florida Statutes, is amended to read:

  5         236.31  District millage elections.--

  6         (1)  The school board, pursuant to resolution adopted

  7  at a regular meeting, shall direct the county commissioners to

  8  call an election at which the electors within the school

  9  districts may approve an ad valorem tax millage as authorized

10  in s. 9, Art. VII of the State Constitution. Such election may

11  be held at any time, except that not more than one such

12  election shall be held during any 12-month period.  Any

13  millage so authorized shall be levied for a period not in

14  excess of 2 years or until changed by another millage

15  election, whichever is the earlier.  In the event any such

16  election is invalidated by a court of competent jurisdiction,

17  such invalidated election shall be considered not to have been

18  held.

19         (2)  The school board, pursuant to resolution adopted

20  at a regular meeting, shall direct the county commissioners to

21  call an election at which the electors within the school

22  district may approve an ad valorem tax millage as authorized

23  under s. 236.25(6). Such election may be held at any time,

24  except that not more than one such election shall be held

25  during any 12-month period. Any millage so authorized shall be

26  levied for a period not in excess of 4 years or until changed

27  by another millage election, whichever is earlier. If any such

28  election is invalidated by a court of competent jurisdiction,

29  such invalidated election shall be considered not to have been

30  held.

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  1         Section 40.  Effective July 1, 2001, section 236.32,

  2  Florida Statutes, is amended to read:

  3         (Substantial rewording of section. See

  4         s. 236.32, F.S., for present text.)

  5         236.32  Procedures for holding and conducting school

  6  district millage elections.--

  7         (1)  HOLDING ELECTIONS.--All school district millage

  8  elections shall be held and conducted in the manner prescribed

  9  by law for holding general elections, except as provided in

10  this chapter.

11         (2)  FORM OF BALLOT.--

12         (a)  The school board may propose a single millage or

13  two millages, with one for operating expenses and another for

14  a local capital improvement reserve fund.  When two millage

15  figures are proposed, each millage must be voted on

16  separately.

17         (b)  The school board shall provide the wording of the

18  substance of the measure and the ballot title in the

19  resolution calling for the election.  The wording of the

20  ballot must conform to the provisions of s. 101.161.

21         (3)  QUALIFICATION OF ELECTORS.--All qualified electors

22  of the school district are entitled to vote in the election to

23  set the school tax district millage levy.

24         (4)  RESULTS OF ELECTION.--When the school board

25  proposes one tax levy for operating expenses and another for

26  the local capital improvement reserve fund, the results shall

27  be considered separately.  The tax levy shall be levied only

28  in case a majority of the electors participating in the

29  election vote in favor of the proposed special millage.

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  1         (5)  EXPENSES OF ELECTION.--The cost of the publication

  2  of the notice of the election and all expenses of the election

  3  in the school district shall be paid by the school board.

  4         Section 41.  Except as otherwise expressly provided in

  5  this act, this act shall take effect upon becoming a law.

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