HOUSE AMENDMENT
                                        Bill No. HB 1981, 2nd Eng.
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Wallace offered the following:
12  
13         Amendment to Senate Amendment (402018) (with title
14  amendment) 
15         On page 1, line 17, through
16         Page 97, line 7
17  remove from the amendment:  all of said lines
18  
19  and insert in lieu thereof:  
20         Section 1.  Subsection (6) of section 212.084, Florida
21  Statutes, is repealed.
22         Section 2.  Effective July 1, 2001, paragraph (a) of
23  subsection (4) and subsection and (7) of section 212.08,
24  Florida Statutes, are amended to read:
25         212.08  Sales, rental, use, consumption, distribution,
26  and storage tax; specified exemptions.--The sale at retail,
27  the rental, the use, the consumption, the distribution, and
28  the storage to be used or consumed in this state of the
29  following are hereby specifically exempt from the tax imposed
30  by this chapter.
31         (4)  EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES,
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    File original & 9 copies    05/04/01                          
    hft0006                     02:59 pm         01981-0047-392055

HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 ETC.-- 2 (a) Also exempt are: 3 1. Water delivered to the purchaser through pipes or 4 conduits or delivered for irrigation purposes. The sale of 5 drinking water in bottles, cans, or other containers, 6 including water that contains minerals or carbonation in its 7 natural state or water to which minerals have been added at a 8 water treatment facility regulated by the Department of 9 Environmental Protection or the Department of Health, is 10 exempt. This exemption does not apply to the sale of drinking 11 water in bottles, cans, or other containers if carbonation, 12 minerals, or flavorings, except those added at a water 13 treatment facility, have been added. Water that has been 14 enhanced by the addition of minerals and that does not contain 15 any added carbonation or flavorings is also exempt. 16 2. All fuels used by a public or private utility, 17 including any municipal corporation or rural electric 18 cooperative association, in the generation of electric power 19 or energy for sale. Fuel other than motor fuel and diesel 20 fuel is taxable as provided in this chapter with the exception 21 of fuel expressly exempt herein. Motor fuels and diesel fuels 22 are taxable as provided in chapter 206, with the exception of 23 those motor fuels and diesel fuels used by railroad 24 locomotives or vessels to transport persons or property in 25 interstate or foreign commerce, which are taxable under this 26 chapter only to the extent provided herein. The basis of the 27 tax shall be the ratio of intrastate mileage to interstate or 28 foreign mileage traveled by the carrier's railroad locomotives 29 or vessels that were used in interstate or foreign commerce 30 and that had at least some Florida mileage during the previous 31 fiscal year of the carrier, such ratio to be determined at the 2 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 close of the fiscal year of the carrier. This ratio shall be 2 applied each month to the total Florida purchases made in this 3 state of motor and diesel fuels to establish that portion of 4 the total used and consumed in intrastate movement and subject 5 to tax under this chapter. The basis for imposition of any 6 discretionary surtax shall be set forth in s. 212.054. Fuels 7 used exclusively in intrastate commerce do not qualify for the 8 proration of tax. 9 3. The transmission or wheeling of electricity. 10 (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to 11 any entity by this chapter do not inure to any transaction 12 that is otherwise taxable under this chapter when payment is 13 made by a representative or employee of the entity by any 14 means, including, but not limited to, cash, check, or credit 15 card, even when that representative or employee is 16 subsequently reimbursed by the entity. In addition, exemptions 17 provided to any entity by this subsection do not inure to any 18 transaction that is otherwise taxable under this chapter 19 unless the entity has obtained a sales tax exemption 20 certificate from the department or the entity obtains or 21 provides other documentation as required by the department. 22 Eligible purchases or leases made with such a certificate must 23 be in strict compliance with this subsection and departmental 24 rules, and any person who makes an exempt purchase with a 25 certificate that is not in strict compliance with this 26 subsection and the rules is liable for and must pay the tax. 27 The department may adopt rules to administer this subsection. 28 (a) Artificial commemorative flowers.--Exempt from the 29 tax imposed by this chapter is the sale of artificial 30 commemorative flowers by bona fide nationally chartered 31 veterans' organizations. 3 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 (b) Boiler fuels.--When purchased for use as a 2 combustible fuel, purchases of natural gas, residual oil, 3 recycled oil, waste oil, solid waste material, coal, sulfur, 4 wood, wood residues or wood bark used in an industrial 5 manufacturing, processing, compounding, or production process 6 at a fixed location in this state are exempt from the taxes 7 imposed by this chapter; however, such exemption shall not be 8 allowed unless the purchaser signs a certificate stating that 9 the fuel to be exempted is for the exclusive use designated 10 herein. This exemption does not apply to the use of boiler 11 fuels that are not used in manufacturing, processing, 12 compounding, or producing items of tangible personal property 13 for sale, or to the use of boiler fuels used by any firm 14 subject to regulation by the Division of Hotels and 15 Restaurants of the Department of Business and Professional 16 Regulation. 17 (c) Crustacea bait.--Also exempt from the tax imposed 18 by this chapter is the purchase by commercial fishers of bait 19 intended solely for use in the entrapment of Callinectes 20 sapidus and Menippe mercenaria. 21 (d) Feeds.--Feeds for poultry, ostriches, and 22 livestock, including racehorses and dairy cows, are exempt. 23 (e) Film rentals.--Film rentals are exempt when an 24 admission is charged for viewing such film, and license fees 25 and direct charges for films, videotapes, and transcriptions 26 used by television or radio stations or networks are exempt. 27 (f) Flags.--Also exempt are sales of the flag of the 28 United States and the official state flag of Florida. 29 (g) Florida Retired Educators Association and its 30 local chapters.--Also exempt from payment of the tax imposed 31 by this chapter are purchases of office supplies, equipment, 4 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 and publications made by the Florida Retired Educators 2 Association and its local chapters. 3 (h) Guide dogs for the blind.--Also exempt are the 4 sale or rental of guide dogs for the blind, commonly referred 5 to as "seeing-eye dogs," and the sale of food or other items 6 for such guide dogs. 7 1. The department shall issue a consumer's certificate 8 of exemption to any blind person who holds an identification 9 card as provided for in s. 413.091 and who either owns or 10 rents, or contemplates the ownership or rental of, a guide dog 11 for the blind. The consumer's certificate of exemption shall 12 be issued without charge and shall be of such size as to be 13 capable of being carried in a wallet or billfold. 14 2. The department shall make such rules concerning 15 items exempt from tax under the provisions of this paragraph 16 as may be necessary to provide that any person authorized to 17 have a consumer's certificate of exemption need only present 18 such a certificate at the time of paying for exempt goods and 19 shall not be required to pay any tax thereon. 20 (i) Hospital meals and rooms.--Also exempt from 21 payment of the tax imposed by this chapter on rentals and 22 meals are patients and inmates of any hospital or other 23 physical plant or facility designed and operated primarily for 24 the care of persons who are ill, aged, infirm, mentally or 25 physically incapacitated, or otherwise dependent on special 26 care or attention. Residents of a home for the aged are exempt 27 from payment of taxes on meals provided through the facility. 28 A home for the aged is defined as a facility that is licensed 29 or certified in part or in whole under chapter 400 or chapter 30 651, or that is financed by a mortgage loan made or insured by 31 the United States Department of Housing and Urban Development 5 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), 2 s. 232, or s. 236 of the National Housing Act, or other such 3 similar facility designed and operated primarily for the care 4 of the aged. 5 (j) Household fuels.--Also exempt from payment of the 6 tax imposed by this chapter are sales of utilities to 7 residential households or owners of residential models in this 8 state by utility companies who pay the gross receipts tax 9 imposed under s. 203.01, and sales of fuel to residential 10 households or owners of residential models, including oil, 11 kerosene, liquefied petroleum gas, coal, wood, and other fuel 12 products used in the household or residential model for the 13 purposes of heating, cooking, lighting, and refrigeration, 14 regardless of whether such sales of utilities and fuels are 15 separately metered and billed direct to the residents or are 16 metered and billed to the landlord. If any part of the utility 17 or fuel is used for a nonexempt purpose, the entire sale is 18 taxable. The landlord shall provide a separate meter for 19 nonexempt utility or fuel consumption. For the purposes of 20 this paragraph, licensed family day care homes shall also be 21 exempt. 22 (k) Meals provided by certain nonprofit 23 organizations.--There is exempt from the tax imposed by this 24 chapter the sale of prepared meals by a nonprofit volunteer 25 organization to handicapped, elderly, or indigent persons when 26 such meals are delivered as a charitable function by the 27 organization to such persons at their places of residence. 28 (l) Organizations providing special educational, 29 cultural, recreational, and social benefits to minors.--Also 30 exempt from the tax imposed by this chapter are sales or 31 leases to and sales of donated property by nonprofit 6 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 organizations which are incorporated pursuant to chapter 617 2 the primary purpose of which is providing activities that 3 contribute to the development of good character or good 4 sportsmanship, or to the educational or cultural development, 5 of minors. This exemption is extended only to that level of 6 the organization that has a salaried executive officer or an 7 elected nonsalaried executive officer. For the purpose of this 8 paragraph, the term "donated property" means any property 9 transferred to such nonprofit organization for less than 50 10 percent of its fair market value. 11 (m) Religious institutions.-- 12 1. There are exempt from the tax imposed by this 13 chapter transactions involving sales or leases directly to 14 religious institutions when used in carrying on their 15 customary nonprofit religious activities or sales or leases of 16 tangible personal property by religious institutions having an 17 established physical place for worship at which nonprofit 18 religious services and activities are regularly conducted and 19 carried on. 20 2. As used in this paragraph, the term "religious 21 institutions" means churches, synagogues, and established 22 physical places for worship at which nonprofit religious 23 services and activities are regularly conducted and carried 24 on. The term "religious institutions" includes nonprofit 25 corporations the sole purpose of which is to provide free 26 transportation services to church members, their families, and 27 other church attendees. The term "religious institutions" also 28 includes nonprofit state, nonprofit district, or other 29 nonprofit governing or administrative offices the function of 30 which is to assist or regulate the customary activities of 31 religious institutions. The term "religious institutions" also 7 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 includes any nonprofit corporation that is qualified as 2 nonprofit under s. 501(c)(3) of the Internal Revenue Code of 3 1986, as amended, and that owns and operates a Florida 4 television station, at least 90 percent of the programming of 5 which station consists of programs of a religious nature and 6 the financial support for which, exclusive of receipts for 7 broadcasting from other nonprofit organizations, is 8 predominantly from contributions from the general public. The 9 term "religious institutions" also includes any nonprofit 10 corporation that is qualified as nonprofit under s. 501(c)(3) 11 of the Internal Revenue Code of 1986, as amended, the primary 12 activity of which is making and distributing audio recordings 13 of religious scriptures and teachings to blind or visually 14 impaired persons at no charge. The term "religious 15 institutions" also includes any nonprofit corporation that is 16 qualified as nonprofit under s. 501(c)(3) of the Internal 17 Revenue Code of 1986, as amended, the sole or primary function 18 of which is to provide, upon invitation, nonprofit religious 19 services, evangelistic services, religious education, 20 administrative assistance, or missionary assistance for a 21 church, synagogue, or established physical place of worship at 22 which nonprofit religious services and activities are 23 regularly conducted. 24 (n) Veterans' organizations.-- 25 1. There are exempt from the tax imposed by this 26 chapter transactions involving sales or leases to qualified 27 veterans' organizations and their auxiliaries when used in 28 carrying on their customary veterans' organization activities. 29 2. As used in this paragraph, the term "veterans' 30 organizations" means nationally chartered or recognized 31 veterans' organizations, including, but not limited to, 8 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 Florida chapters of the Paralyzed Veterans of America, 2 Catholic War Veterans of the U.S.A., Jewish War Veterans of 3 the U.S.A., and the Disabled American Veterans, Department of 4 Florida, Inc., which hold current exemptions from federal 5 income tax under s. 501(c)(4) or (19) of the Internal Revenue 6 Code of 1986, as amended. 7 (o) Schools, colleges, and universities.--Also exempt 8 from the tax imposed by this chapter are sales or leases to 9 state tax-supported schools, colleges, or universities. 10 (p) Section 501(c)(3) organizations.--Also exempt from 11 the tax imposed by this chapter are sales or leases to 12 organizations determined by the Internal Revenue Service to be 13 currently exempt from federal income tax pursuant to s. 14 501(c)(3) of the Internal Revenue Code of 1986, as amended, 15 when such leases or purchases are used in carrying on their 16 customary nonprofit activities. 17 (q) Resource recovery equipment.--Also exempt is 18 resource recovery equipment which is owned and operated by or 19 on behalf of any county or municipality, certified by the 20 Department of Environmental Protection under the provisions of 21 s. 403.715. 22 (r) School books and school lunches.--This exemption 23 applies to school books used in regularly prescribed courses 24 of study, and to school lunches served in public, parochial, 25 or nonprofit schools operated for and attended by pupils of 26 grades K through 12. Yearbooks, magazines, newspapers, 27 directories, bulletins, and similar publications distributed 28 by such educational institutions to their students are also 29 exempt. School books and food sold or served at community 30 colleges and other institutions of higher learning are 31 taxable. 9 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 (s) Tasting beverages.--Vinous and alcoholic beverages 2 provided by distributors or vendors for the purpose of "wine 3 tasting" and "spirituous beverage tasting" as contemplated 4 under the provisions of ss. 564.06 and 565.12, respectively, 5 are exempt from the tax imposed by this chapter. 6 (t) Boats temporarily docked in state.-- 7 1. Notwithstanding the provisions of chapter 328, 8 pertaining to the registration of vessels, a boat upon which 9 the state sales or use tax has not been paid is exempt from 10 the use tax under this chapter if it enters and remains in 11 this state for a period not to exceed a total of 20 days in 12 any calendar year calculated from the date of first dockage or 13 slippage at a facility, registered with the department, that 14 rents dockage or slippage space in this state. If a boat 15 brought into this state for use under this paragraph is placed 16 in a facility, registered with the department, for repairs, 17 alterations, refitting, or modifications and such repairs, 18 alterations, refitting, or modifications are supported by 19 written documentation, the 20-day period shall be tolled 20 during the time the boat is physically in the care, custody, 21 and control of the repair facility, including the time spent 22 on sea trials conducted by the facility. The 20-day time 23 period may be tolled only once within a calendar year when a 24 boat is placed for the first time that year in the physical 25 care, custody, and control of a registered repair facility; 26 however, the owner may request and the department may grant an 27 additional tolling of the 20-day period for purposes of 28 repairs that arise from a written guarantee given by the 29 registered repair facility, which guarantee covers only those 30 repairs or modifications made during the first tolled period. 31 Within 72 hours after the date upon which the registered 10 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 repair facility took possession of the boat, the facility must 2 have in its possession, on forms prescribed by the department, 3 an affidavit which states that the boat is under its care, 4 custody, and control and that the owner does not use the boat 5 while in the facility. Upon completion of the repairs, 6 alterations, refitting, or modifications, the registered 7 repair facility must, within 72 hours after the date of 8 release, have in its possession a copy of the release form 9 which shows the date of release and any other information the 10 department requires. The repair facility shall maintain a log 11 that documents all alterations, additions, repairs, and sea 12 trials during the time the boat is under the care, custody, 13 and control of the facility. The affidavit shall be 14 maintained by the registered repair facility as part of its 15 records for as long as required by s. 213.35. When, within 6 16 months after the date of its purchase, a boat is brought into 17 this state under this paragraph, the 6-month period provided 18 in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled. 19 2. During the period of repairs, alterations, 20 refitting, or modifications and during the 20-day period 21 referred to in subparagraph 1., the boat may be listed for 22 sale, contracted for sale, or sold exclusively by a broker or 23 dealer registered with the department without incurring a use 24 tax under this chapter; however, the sales tax levied under 25 this chapter applies to such sale. 26 3. The mere storage of a boat at a registered repair 27 facility does not qualify as a tax-exempt use in this state. 28 4. As used in this paragraph, "registered repair 29 facility" means: 30 a. A full-service facility that: 31 (I) Is located on a navigable body of water; 11 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 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 inconsequential elements for which no separate charges are 12 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 made. 2 2. The personal service transactions exempted pursuant 3 to subparagraph 1. do not exempt the sale of information 4 services involving the furnishing of printed, mimeographed, or 5 multigraphed matter, or matter duplicating written or printed 6 matter in any other manner, other than professional services 7 and services of employees, agents, or other persons acting in 8 a representative or fiduciary capacity or information services 9 furnished to newspapers and radio and television stations. As 10 used in this subparagraph, the term "information services" 11 includes the services of collecting, compiling, or analyzing 12 information of any kind or nature and furnishing reports 13 thereof to other persons. 14 3. This exemption does not apply to any service 15 warranty transaction taxable under s. 212.0506. 16 4. This exemption does not apply to any service 17 transaction taxable under s. 212.05(1)(j). 18 (w) Certain newspaper, magazine, and newsletter 19 subscriptions, shoppers, and community newspapers.--Likewise 20 exempt are newspaper, magazine, and newsletter subscriptions 21 in which the product is delivered to the customer by mail. 22 Also exempt are free, circulated publications that are 23 published on a regular basis, the content of which is 24 primarily advertising, and that are distributed through the 25 mail, home delivery, or newsstands. The exemption for 26 newspaper, magazine, and newsletter subscriptions which is 27 provided in this paragraph applies only to subscriptions 28 entered into after March 1, 1997. 29 (x) Sporting equipment brought into the 30 state.--Sporting equipment brought into Florida, for a period 31 of not more than 4 months in any calendar year, used by an 13 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 athletic team or an individual athlete in a sporting event is 2 exempt from the use tax if such equipment is removed from the 3 state within 7 days after the completion of the event. 4 (y) Charter fishing vessels.--The charge for 5 chartering any boat or vessel, with the crew furnished, solely 6 for the purpose of fishing is exempt from the tax imposed 7 under s. 212.04 or s. 212.05. This exemption does not apply 8 to any charge to enter or stay upon any "head-boat," party 9 boat, or other boat or vessel. Nothing in this paragraph 10 shall be construed to exempt any boat from sales or use tax 11 upon the purchase thereof except as provided in paragraph (t) 12 and s. 212.05. 13 (z) Vending machines sponsored by nonprofit or 14 charitable organizations.--Also exempt are food or drinks for 15 human consumption sold for 25 cents or less through a 16 coin-operated vending machine sponsored by a nonprofit 17 corporation qualified as nonprofit pursuant to s. 501(c)(3) or 18 (4) of the Internal Revenue Code of 1986, as amended. 19 (aa) Certain commercial vehicles.--Also exempt is the 20 sale, lease, or rental of a commercial motor vehicle as 21 defined in s. 207.002(2), when the following conditions are 22 met: 23 1. The sale, lease, or rental occurs between two 24 commonly owned and controlled corporations; 25 2. Such vehicle was titled and registered in this 26 state at the time of the sale, lease, or rental; and 27 3. Florida sales tax was paid on the acquisition of 28 such vehicle by the seller, lessor, or renter. 29 (bb) Community cemeteries.--Also exempt are purchases 30 by any nonprofit corporation that has qualified under s. 31 501(c)(13) of the Internal Revenue Code of 1986, as amended, 14 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 and is operated for the purpose of maintaining a cemetery that 2 was donated to the community by deed. 3 (cc) Works of art.-- 4 1. Also exempt are works of art sold to or used by an 5 educational institution. 6 2. This exemption also applies to the sale to or use 7 in this state of any work of art by any person if it was 8 purchased or imported exclusively for the purpose of being 9 donated to any educational institution, or loaned to and made 10 available for display by any educational institution, provided 11 that the term of the loan agreement is for at least 10 years. 12 3. The exemption provided by this paragraph for 13 donations is allowed only if the person who purchased the work 14 of art transfers title to the donated work of art to an 15 educational institution. Such transfer of title shall be 16 evidenced by an affidavit meeting requirements established by 17 rule to document entitlement to the exemption. Nothing in this 18 paragraph shall preclude a work of art donated to an 19 educational institution from remaining in the possession of 20 the donor or purchaser, as long as title to the work of art 21 lies with the educational institution. 22 4. A work of art is presumed to have been purchased in 23 or imported into this state exclusively for loan as provided 24 in subparagraph 2., if it is so loaned or placed in storage in 25 preparation for such a loan within 90 days after purchase or 26 importation, whichever is later; but a work of art is not 27 deemed to be placed in storage in preparation for loan for 28 purposes of this exemption if it is displayed at any place 29 other than an educational institution. 30 5. The exemptions provided by this paragraph are 31 allowed only if the person who purchased the work of art gives 15 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 to the vendor an affidavit meeting the requirements, 2 established by rule, to document entitlement to the exemption. 3 The person who purchased the work of art shall forward a copy 4 of such affidavit to the Department of Revenue at the time it 5 is issued to the vendor. 6 6. The exemption for loans provided by subparagraph 2. 7 applies only for the period during which a work of art is in 8 the possession of the educational institution or is in storage 9 before transfer of possession to that institution; and when it 10 ceases to be so possessed or held, tax based upon the sales 11 price paid by the owner is payable, and the statute of 12 limitations provided in s. 95.091 shall begin to run at that 13 time. However, tax shall not become due if the work of art is 14 donated to an educational institution after the loan ceases. 15 7. Any educational institution to which a work of art 16 has been donated pursuant to this paragraph shall make 17 available to the department the title to the work of art and 18 any other relevant information. Any educational institution 19 which has received a work of art on loan pursuant to this 20 paragraph shall make available to the department information 21 relating to the work of art. Any educational institution that 22 transfers from its possession a work of art as defined by this 23 paragraph which has been loaned to it must notify the 24 Department of Revenue within 60 days after the transfer. 25 8. For purposes of the exemptions provided by this 26 paragraph, the term: 27 a. "Educational institutions" includes state 28 tax-supported, parochial, church, and nonprofit private 29 schools, colleges, or universities that conduct regular 30 classes and courses of study required for accreditation by or 31 membership in the Southern Association of Colleges and 16 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 Schools, the Florida Council of Independent Schools, or the 2 Florida Association of Christian Colleges and Schools, Inc.; 3 nonprofit private schools that conduct regular classes and 4 courses of study accepted for continuing education credit by a 5 board of the Division of Medical Quality Assurance of the 6 Department of Health; or nonprofit libraries, art galleries, 7 performing arts centers that provide educational programs to 8 school children, which programs involve performances or other 9 educational activities at the performing arts center and serve 10 a minimum of 50,000 school children a year, and museums open 11 to the public. 12 b. "Work of art" includes pictorial representations, 13 sculpture, jewelry, antiques, stamp collections and coin 14 collections, and other tangible personal property, the value 15 of which is attributable predominantly to its artistic, 16 historical, political, cultural, or social importance. 17 (dd) Taxicab leases.--The lease of or license to use a 18 taxicab or taxicab-related equipment and services provided by 19 a taxicab company to an independent taxicab operator are 20 exempt, provided, however, the exemptions provided under this 21 paragraph only apply if sales or use tax has been paid on the 22 acquisition of the taxicab and its related equipment. 23 (ee) Aircraft repair and maintenance labor 24 charges.--There shall be exempt from the tax imposed by this 25 chapter all labor charges for the repair and maintenance of 26 aircraft of more than 15,000 pounds maximum certified takeoff 27 weight and rotary wing aircraft of more than 10,000 pounds 28 maximum certified takeoff weight. Except as otherwise provided 29 in this chapter, charges for parts and equipment furnished in 30 connection with such labor charges are taxable. 31 (ff) Certain electricity or steam uses.-- 17 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 1. Subject to the provisions of subparagraph 4., 2 charges for electricity or steam used to operate machinery and 3 equipment at a fixed location in this state when such 4 machinery and equipment is used to manufacture, process, 5 compound, produce, or prepare for shipment items of tangible 6 personal property for sale, or to operate pollution control 7 equipment, recycling equipment, maintenance equipment, or 8 monitoring or control equipment used in such operations are 9 exempt to the extent provided in this paragraph. If 75 percent 10 or more of the electricity or steam used at the fixed location 11 is used to operate qualifying machinery or equipment, 100 12 percent of the charges for electricity or steam used at the 13 fixed location are exempt. If less than 75 percent but 50 14 percent or more of the electricity or steam used at the fixed 15 location is used to operate qualifying machinery or equipment, 16 50 percent of the charges for electricity or steam used at the 17 fixed location are exempt. If less than 50 percent of the 18 electricity or steam used at the fixed location is used to 19 operate qualifying machinery or equipment, none of the charges 20 for electricity or steam used at the fixed location are 21 exempt. 22 2. This exemption applies only to industries 23 classified under SIC Industry Major Group Numbers 10, 12, 13, 24 14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 25 35, 36, 37, 38, and 39 and Industry Group Number 212. As used 26 in this paragraph, "SIC" means those classifications contained 27 in the Standard Industrial Classification Manual, 1987, as 28 published by the Office of Management and Budget, Executive 29 Office of the President. 30 3. Possession by a seller of a written certification 31 by the purchaser, certifying the purchaser's entitlement to an 18 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 exemption permitted by this subsection, relieves the seller 2 from the responsibility of collecting the tax on the 3 nontaxable amounts, and the department shall look solely to 4 the purchaser for recovery of such tax if it determines that 5 the purchaser was not entitled to the exemption. 6 4. Such exemption shall be applied as follows: 7 a. Beginning July 1, 1996, 20 percent of the charges 8 for such electricity shall be exempt. 9 b. Beginning July 1, 1997, 40 percent of the charges 10 for such electricity shall be exempt. 11 c. Beginning July 1, 1998, 60 percent of the charges 12 for such electricity or steam shall be exempt. 13 d. Beginning July 1, 1999, 80 percent of the charges 14 for such electricity or steam shall be exempt. 15 e. Beginning July 1, 2000, 100 percent of the charges 16 for such electricity or steam shall be exempt. 17 5. Notwithstanding any other provision in this 18 paragraph to the contrary, in order to receive the exemption 19 provided in this paragraph a taxpayer must first register with 20 the WAGES Program Business Registry established by the local 21 WAGES coalition for the area in which the taxpayer is located. 22 Such registration establishes a commitment on the part of the 23 taxpayer to hire WAGES program participants to the maximum 24 extent possible consistent with the nature of their business. 25 5.6.a. In order to determine whether the exemption 26 provided in this paragraph from the tax on charges for 27 electricity or steam has an effect on retaining or attracting 28 companies to this state, the Office of Program Policy Analysis 29 and Government Accountability shall monitor and report on the 30 industries receiving the exemption. 31 b. The report shall be submitted no later than January 19 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 1, 2001, and must be comprehensive in scope, but, at a 2 minimum, must be conducted in such a manner as to specifically 3 determine the number of companies within each SIC Industry 4 Major Group receiving the exemption as of September 1, 2000, 5 the number of individuals employed by companies within each 6 SIC Industry Major Group receiving the exemption as of 7 September 1, 2000, whether the change, if any, in such number 8 of companies or employees is attributable to the exemption 9 provided in this paragraph, whether it would be sound public 10 policy to continue or discontinue the exemption, and the 11 consequences of doing so. 12 c. The report shall be submitted to the President of 13 the Senate, the Speaker of the House of Representatives, the 14 Senate Minority Leader, and the House Minority Leader. 15 (gg) Fair associations.--Also exempt from the tax 16 imposed by this chapter is the sale, use, lease, rental, or 17 grant of a license to use, made directly to or by a fair 18 association, of real or tangible personal property; any charge 19 made by a fair association, or its agents, for parking, 20 admissions, or for temporary parking of vehicles used for 21 sleeping quarters; rentals, subleases, and sublicenses of real 22 or tangible personal property between the owner of the central 23 amusement attraction and any owner of an amusement ride, as 24 those terms are used in ss. 616.15(1)(b) and 616.242(3)(a), 25 for the furnishing of amusement rides at a public fair or 26 exposition; and other transactions of a fair association which 27 are incurred directly by the fair association in the 28 financing, construction, and operation of a fair, exposition, 29 or other event or facility that is authorized by s. 616.08. As 30 used in this paragraph, the terms "fair association" and 31 "public fair or exposition" have the same meaning as those 20 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 terms are defined in s. 616.001. This exemption does not apply 2 to the sale of tangible personal property made by a fair 3 association through an agent or independent contractor; sales 4 of admissions and tangible personal property by a 5 concessionaire, vendor, exhibitor, or licensee; or rentals and 6 subleases of tangible personal property or real property 7 between the owner of the central amusement attraction and a 8 concessionaire, vendor, exhibitor, or licensee, except for the 9 furnishing of amusement rides, which transactions are exempt. 10 (hh) Citizen support organizations.--Also exempt from 11 the tax imposed by this chapter are sales or leases to 12 nonprofit organizations that are incorporated under chapter 13 617 and that have been designated citizen support 14 organizations in support of state-funded environmental 15 programs or the management of state-owned lands in accordance 16 with s. 20.2551, or to support one or more state parks in 17 accordance with s. 258.015. 18 (ii) Florida Folk Festival.--There shall be exempt 19 from the tax imposed by this chapter income of a revenue 20 nature received from admissions to the Florida Folk Festival 21 held pursuant to s. 267.16 at the Stephen Foster State Folk 22 Culture Center, a unit of the state park system. 23 (jj) Solar energy systems.--Also exempt are solar 24 energy systems or any component thereof. The Florida Solar 25 Energy Center shall from time to time certify to the 26 department a list of equipment and requisite hardware 27 considered to be a solar energy system or a component thereof. 28 This exemption is repealed July 1, 2005. 29 (kk) Nonprofit cooperative hospital laundries.--Also 30 exempt from the tax imposed by this chapter are sales or 31 leases to nonprofit organizations that are incorporated under 21 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 chapter 617 and which are treated, for federal income tax 2 purposes, as cooperatives under subchapter T of the Internal 3 Revenue Code, whose sole purpose is to offer laundry supplies 4 and services to their members, which members must all be 5 exempt from federal income tax pursuant to s. 501(c)(3) of the 6 Internal Revenue Code. 7 (ll) Complimentary meals.--Also exempt from the tax 8 imposed by this chapter are food or drinks that are furnished 9 as part of a packaged room rate by any person offering for 10 rent or lease any transient living accommodations as described 11 in s. 509.013(4)(a) which are licensed under part I of chapter 12 509 and which are subject to the tax under s. 212.03, if a 13 separate charge or specific amount for the food or drinks is 14 not shown. Such food or drinks are considered to be sold at 15 retail as part of the total charge for the transient living 16 accommodations. Moreover, the person offering the 17 accommodations is not considered to be the consumer of items 18 purchased in furnishing such food or drinks and may purchase 19 those items under conditions of a sale for resale. 20 (mm) Nonprofit corporation conducting the correctional 21 work programs.--Products sold pursuant to s. 946.515 by the 22 corporation organized pursuant to part II of chapter 946 are 23 exempt from the tax imposed by this chapter. This exemption 24 applies retroactively to July 1, 1983. 25 (nn) Parent-teacher organizations, parent-teacher 26 associations, and schools having grades K through 27 12.--Parent-teacher organizations and associations the purpose 28 of which is to raise funds for schools teaching grades K 29 through 12 and which are qualified as educational institutions 30 as defined by sub-subparagraph (cc)8.a. associated with 31 schools having grades K through 12, and schools having grades 22 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 K through 12, may pay tax to their suppliers on the cost price 2 of school materials and supplies purchased, rented, or leased 3 for resale or rental to students in grades K through 12, of 4 items sold for fundraising purposes, and of items sold through 5 vending machines located on the school premises, in lieu of 6 collecting the tax imposed by this chapter from the purchaser. 7 This paragraph also applies to food or beverages sold through 8 vending machines located in the student lunchroom or dining 9 room of a school having kindergarten through grade 12. 10 (oo) Mobile home lot improvements.--Items purchased by 11 developers for use in making improvements to a mobile home lot 12 owned by the developer may be purchased tax-exempt as a sale 13 for resale if made pursuant to a contract that requires the 14 developer to sell a mobile home to a purchaser, place the 15 mobile home on the lot, and make the improvements to the lot 16 for a single lump-sum price. The developer must collect and 17 remit sales tax on the entire lump-sum price. 18 (pp) Veterans Administration.--When a veteran of the 19 armed forces purchases an aircraft, boat, mobile home, motor 20 vehicle, or other vehicle from a dealer pursuant to the 21 provisions of 38 U.S.C. s. 3902(a), or any successor provision 22 of the United States Code, the amount that is paid directly to 23 the dealer by the Veterans Administration is not taxable. 24 However, any portion of the purchase price which is paid 25 directly to the dealer by the veteran is taxable. 26 (qq) Complimentary items.--There is exempt from the 27 tax imposed by this chapter: 28 1. Any food or drink, whether or not cooked or 29 prepared on the premises, provided without charge as a sample 30 or for the convenience of customers by a dealer that primarily 31 sells food product items at retail. 23 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 2. Any item given to a customer as part of a price 2 guarantee plan related to point-of-sale errors by a dealer 3 that primarily sells food products at retail. 4 5 The exemptions in this paragraph do not apply to businesses 6 with the primary activity of serving prepared meals or 7 alcoholic beverages for immediate consumption. 8 (rr) Donated foods or beverages.--Any food or beverage 9 donated by a dealer that sells food products at retail to a 10 food bank or an organization that holds a current exemption 11 from federal corporate income tax pursuant to s. 501(c) of the 12 Internal Revenue Code of 1986, as amended, is exempt from the 13 tax imposed by this chapter. 14 (ss) Racing dogs.--The sale of a racing dog by its 15 owner is exempt if the owner is also the breeder of the 16 animal. 17 (tt) Equipment used in aircraft repair and 18 maintenance.--There shall be exempt from the tax imposed by 19 this chapter replacement engines, parts, and equipment used in 20 the repair or maintenance of aircraft of more than 15,000 21 pounds maximum certified takeoff weight and rotary wing 22 aircraft of more than 10,300 pounds maximum certified takeoff 23 weight, when such parts or equipment are installed on such 24 aircraft that is being repaired or maintained in this state. 25 (uu) Aircraft sales or leases.--The sale or lease of 26 an aircraft of more than 15,000 pounds maximum certified 27 takeoff weight for use by a common carrier is exempt from the 28 tax imposed by this chapter. As used in this paragraph, 29 "common carrier" means an airline operating under Federal 30 Aviation Administration regulations contained in Title 14, 31 chapter I, part 121 or part 129 of the Code of Federal 24 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 Regulations. 2 (vv) Nonprofit water systems.--Sales or leases to a 3 not-for-profit corporation which holds a current exemption 4 from federal income tax under s. 501(c)(4) or (12) of the 5 Internal Revenue Code, as amended, are exempt from the tax 6 imposed by this chapter if the sole or primary function of the 7 corporation is to construct, maintain, or operate a water 8 system in this state. 9 (ww) Library cooperatives.--Sales or leases to library 10 cooperatives certified under s. 257.41(2) are exempt from the 11 tax imposed by this chapter. 12 (xx) Advertising agencies.-- 13 1. As used in this paragraph, the term "advertising 14 agency" means any firm that is primarily engaged in the 15 business of providing advertising materials and services to 16 its clients. 17 2. The sale of advertising services by an advertising 18 agency to a client is exempt from the tax imposed by this 19 chapter. Also exempt from the tax imposed by this chapter are 20 items of tangible personal property such as photographic 21 negatives and positives, videos, films, galleys, mechanicals, 22 veloxes, illustrations, digital audiotapes, analog tapes, 23 printed advertisement copies, compact discs for the purpose of 24 recording, digital equipment, and artwork and the services 25 used to produce those items if the items are: 26 a. Sold to an advertising agency that is acting as an 27 agent for its clients pursuant to contract, and are created 28 for the performance of advertising services for the clients; 29 b. Produced, fabricated, manufactured, or otherwise 30 created by an advertising agency for its clients, and are used 31 in the performance of advertising services for the clients; or 25 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 c. Sold by an advertising agency to its clients in the 2 performance of advertising services for the clients, whether 3 or not the charges for these items are marked up or separately 4 stated. 5 6 The exemption provided by this subparagraph does not apply 7 when tangible personal property such as film, paper, and 8 videotapes is purchased to create items such as photographic 9 negatives and positives, videos, films, galleys, mechanicals, 10 veloxes, illustrations, and artwork that are sold to an 11 advertising agency or produced in-house by an advertising 12 agency on behalf of its clients. 13 3. The items exempted from tax under subparagraph 2. 14 and the creative services used by an advertising agency to 15 design the advertising for promotional goods such as displays, 16 display containers, exhibits, newspaper inserts, brochures, 17 catalogues, direct mail letters or flats, shirts, hats, pens, 18 pencils, key chains, or other printed goods or materials are 19 not subject to tax. However, when such promotional goods are 20 produced or reproduced for distribution, tax applies to the 21 sales price charged to the client for such promotional goods. 22 4. For items purchased by an advertising agency and 23 exempt from tax under this paragraph, possession of an 24 exemption certificate from the advertising agency certifying 25 the agency's entitlement to exemption relieves the vendor of 26 the responsibility of collecting the tax on the sale of such 27 items to the advertising agency, and the department shall look 28 solely to the advertising agency for recovery of tax if it 29 determines that the advertising agency was not entitled to the 30 exemption. 31 5. The exemptions provided by this paragraph apply 26 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 retroactively, except that all taxes that have been collected 2 must be remitted, and taxes that have been remitted before 3 July 1, 1999, on transactions that are subject to exemption 4 under this paragraph are not subject to refund. 5 6. The department may adopt rules that interpret or 6 define the provisions of these exemptions and provide examples 7 regarding the application of these exemptions. 8 (yy) Bullion.--The sale of gold, silver, or platinum 9 bullion, or any combination thereof, in a single transaction 10 is exempt if the sales price exceeds $500. The dealer must 11 maintain proper documentation, as prescribed by rule of the 12 department, to identify that portion of a transaction which 13 involves the sale of gold, silver, or platinum bullion and is 14 exempt under this paragraph. 15 (zz) Certain repair and labor charges.-- 16 1. Subject to the provisions of subparagraphs 2. and 17 3., there is exempt from the tax imposed by this chapter all 18 labor charges for the repair of, and parts and materials used 19 in the repair of and incorporated into, industrial machinery 20 and equipment which is used for the manufacture, processing, 21 compounding, production, or preparation for shipping of items 22 of tangible personal property at a fixed location within this 23 state. 24 2. This exemption applies only to industries 25 classified under SIC Industry Major Group Numbers 10, 12, 13, 26 14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 27 35, 36, 37, 38, and 39 and Industry Group Number 212. As used 28 in this subparagraph, "SIC" means those classifications 29 contained in the Standard Industrial Classification Manual, 30 1987, as published by the Office of Management and Budget, 31 Executive Office of the President. 27 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 3. This exemption shall be applied as follows: 2 a. Beginning July 1, 1999, 25 percent of such charges 3 for repair parts and labor shall be exempt. 4 b. Beginning July 1, 2000, 50 percent of such charges 5 for repair parts and labor shall be exempt. 6 c. Beginning July 1, 2001, 75 percent of such charges 7 for repair parts and labor shall be exempt. 8 d. Beginning July 1, 2002, 100 percent of such charges 9 for repair parts and labor shall be exempt. 10 (aaa) Film and other printing supplies.--Also exempt 11 are the following materials purchased, produced, or created by 12 businesses classified under SIC Industry Numbers 275, 276, 13 277, 278, or 279 for use in producing graphic matter for sale: 14 film, photographic paper, dyes used for embossing and 15 engraving, artwork, typography, lithographic plates, and 16 negatives. As used in this paragraph, "SIC" means those 17 classifications contained in the Standard Industrial 18 Classification Manual, 1987, as published by the Office of 19 Management and Budget, Executive Office of the President. 20 (bbb) People-mover systems.--People-mover systems, and 21 parts thereof, which are purchased or manufactured by 22 contractors employed either directly by or as agents for the 23 United States Government, the state, a county, a municipality, 24 a political subdivision of the state, or the public operator 25 of a public-use airport as defined by s. 332.004(14) are 26 exempt from the tax imposed by this chapter when the systems 27 or parts go into or become part of publicly owned facilities. 28 In the case of contractors who manufacture and install such 29 systems and parts, this exemption extends to the purchase of 30 component parts and all other manufacturing and fabrication 31 costs. The department may provide a form to be used by 28 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 contractors to provide to suppliers of people-mover systems or 2 parts to certify the contractors' eligibility for the 3 exemption provided under this paragraph. As used in this 4 paragraph, "people-mover systems" includes wheeled passenger 5 vehicles and related control and power distribution systems 6 that are part of a transportation system for use by the 7 general public, regardless of whether such vehicles are 8 operator-controlled or driverless, self-propelled or propelled 9 by external power and control systems, or conducted on roads, 10 rails, guidebeams, or other permanent structures that are an 11 integral part of such transportation system. "Related control 12 and power distribution systems" includes any electrical or 13 electronic control or signaling equipment, but does not 14 include the embedded wiring, conduits, or cabling used to 15 transmit electrical or electronic signals among such control 16 equipment, power distribution equipment, signaling equipment, 17 and wheeled vehicles. 18 (ccc) Organizations providing crime prevention, drunk 19 driving prevention, or juvenile delinquency prevention 20 services.--Sales or leases to any nonprofit organization that 21 provides crime prevention services, drunk driving prevention 22 services, or juvenile delinquency prevention services that 23 benefit society as a whole are exempt from the tax imposed by 24 this chapter, if the organization holds a current exemption 25 from federal income tax under s. 501(c)(3) of the Internal 26 Revenue Code and the organization has as its sole or primary 27 purpose the provision of services that contribute to the 28 prevention of hardships caused by crime, drunk driving, or 29 juvenile delinquency. 30 (ccc)(ddd) Florida Fire and Emergency Services 31 Foundation.--Sales or leases to the Florida Fire and Emergency 29 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 Services Foundation are exempt from the tax imposed by this 2 chapter. 3 (ddd)(eee) Railroad roadway materials.--Also exempt 4 from the tax imposed by this chapter are railroad roadway 5 materials used in the construction, repair, or maintenance of 6 railways. Railroad roadway materials shall include rails, 7 ties, ballasts, communication equipment, signal equipment, 8 power transmission equipment, and any other track materials. 9 10 Exemptions provided to any entity by this subsection shall not 11 inure to any transaction otherwise taxable under this chapter 12 when payment is made by a representative or employee of such 13 entity by any means, including, but not limited to, cash, 14 check, or credit card even when that representative or 15 employee is subsequently reimbursed by such entity. 16 Section 3. (1) The amendments to paragraphs (ff) and 17 (nn) of subsection (7) of section 212.08, Florida Statutes, 18 which are made by section 2 of this act apply retroactively to 19 July 1, 2000. 20 (2) The amendments to the introductory paragraph, to 21 paragraph (p), and to the final, flush-left passage of 22 subsection (7) of section 212.08, Florida Statutes, which are 23 made by section 2 of this act are made to clarify rather than 24 change existing law, and these amendments apply retroactively 25 to January 1, 2001. 26 Section 4. Effective upon this act becoming a law and 27 applying retroactively to July 1, 1996, paragraph (c) of 28 subsection (5) of section 212.08, Florida Statutes, is amended 29 to read: 30 212.08 Sales, rental, use, consumption, distribution, 31 and storage tax; specified exemptions.--The sale at retail, 30 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 the rental, the use, the consumption, the distribution, and 2 the storage to be used or consumed in this state of the 3 following are hereby specifically exempt from the tax imposed 4 by this chapter. 5 (5) EXEMPTIONS; ACCOUNT OF USE.-- 6 (c) Machinery and equipment used in production of 7 electrical or steam energy.-- 8 1. The purchase of machinery and equipment for use at 9 a fixed location which machinery and equipment are necessary 10 in the production of electrical or steam energy resulting from 11 the burning of boiler fuels other than residual oil is exempt 12 from the tax imposed by this chapter. Such electrical or 13 steam energy must be primarily for use in manufacturing, 14 processing, compounding, or producing for sale items of 15 tangible personal property in this state. Use of a de minimis 16 amount of residual fuel to facilitate the burning of 17 nonresidual fuel shall not reduce the exemption otherwise 18 available under this paragraph. 19 2. In facilities where machinery and equipment are 20 necessary to burn both residual and nonresidual fuels, the 21 exemption shall be prorated. Such proration shall be based 22 upon the production of electrical or steam energy from 23 nonresidual fuels as a percentage of electrical or steam 24 energy from all fuels. If it is determined that 15 percent or 25 less of all electrical or steam energy generated was produced 26 by burning residual fuel, the full exemption shall apply. 27 Purchasers claiming a partial exemption shall obtain such 28 exemption by refund of taxes paid, or as otherwise provided in 29 the department's rules. 30 3. The department may adopt rules that provide for 31 implementation of this exemption. Purchasers of machinery and 31 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 equipment qualifying for the exemption provided in this 2 paragraph shall furnish the vendor department with an 3 affidavit stating that the item or items to be exempted are 4 for the use designated herein. Any person furnishing a false 5 affidavit to the vendor for the purpose of evading payment of 6 any tax imposed under this chapter shall be subject to the 7 penalty set forth in s. 212.085 and as otherwise provided by 8 law. Purchasers with self-accrual authority shall maintain all 9 documentation necessary to prove the exempt status of 10 purchases. 11 Section 5. Effective July 1, 2001, paragraphs (b), 12 (d), and (f) of subsection (5) of section 212.08, Florida 13 Statutes, are amended to read: 14 212.08 Sales, rental, use, consumption, distribution, 15 and storage tax; specified exemptions.--The sale at retail, 16 the rental, the use, the consumption, the distribution, and 17 the storage to be used or consumed in this state of the 18 following are hereby specifically exempt from the tax imposed 19 by this chapter. 20 (5) EXEMPTIONS; ACCOUNT OF USE.-- 21 (b) Machinery and equipment used to increase 22 productive output.-- 23 1. Industrial machinery and equipment purchased for 24 exclusive use by a new business in spaceport activities as 25 defined by s. 212.02 or for use in new businesses which 26 manufacture, process, compound, or produce for sale items of 27 tangible personal property at fixed locations are exempt from 28 the tax imposed by this chapter upon an affirmative showing by 29 the taxpayer to the satisfaction of the department that such 30 items are used in a new business in this state. Such purchases 31 must be made prior to the date the business first begins its 32 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 productive operations, and delivery of the purchased item must 2 be made within 12 months of that date. 3 2.a. Industrial machinery and equipment purchased for 4 exclusive use by an expanding facility which is engaged in 5 spaceport activities as defined by s. 212.02 or for use in 6 expanding manufacturing facilities or plant units which 7 manufacture, process, compound, or produce for sale items of 8 tangible personal property at fixed locations in this state 9 are exempt from any amount of tax imposed by this chapter in 10 excess of $50,000 per calendar year upon an affirmative 11 showing by the taxpayer to the satisfaction of the department 12 that such items are used to increase the productive output of 13 such expanded facility or business by not less than 10 14 percent. 15 b. Notwithstanding any other provision of this 16 section, industrial machinery and equipment purchased for use 17 in expanding printing manufacturing facilities or plant units 18 that manufacture, process, compound, or produce for sale items 19 of tangible personal property at fixed locations in this state 20 are exempt from any amount of tax imposed by this chapter upon 21 an affirmative showing by the taxpayer to the satisfaction of 22 the department that such items are used to increase the 23 productive output of such an expanded business by not less 24 than 10 percent. 25 3.a. To receive an exemption provided by subparagraph 26 1. or subparagraph 2., a qualifying business entity shall 27 apply to the department for a temporary tax exemption permit. 28 The application shall state that a new business exemption or 29 expanded business exemption is being sought. Upon a tentative 30 affirmative determination by the department pursuant to 31 subparagraph 1. or subparagraph 2., the department shall issue 33 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 such permit. 2 b. The applicant shall be required to maintain all 3 necessary books and records to support the exemption. Upon 4 completion of purchases of qualified machinery and equipment 5 pursuant to subparagraph 1. or subparagraph 2., the temporary 6 tax permit shall be delivered to the department or returned to 7 the department by certified or registered mail. 8 c. If, in a subsequent audit conducted by the 9 department, it is determined that the machinery and equipment 10 purchased as exempt under subparagraph 1. or subparagraph 2. 11 did not meet the criteria mandated by this paragraph or if 12 commencement of production did not occur, the amount of taxes 13 exempted at the time of purchase shall immediately be due and 14 payable to the department by the business entity, together 15 with the appropriate interest and penalty, computed from the 16 date of purchase, in the manner prescribed by this chapter. 17 d. In the event a qualifying business entity fails to 18 apply for a temporary exemption permit or if the tentative 19 determination by the department required to obtain a temporary 20 exemption permit is negative, a qualifying business entity 21 shall receive the exemption provided in subparagraph 1. or 22 subparagraph 2. through a refund of previously paid taxes. No 23 refund may be made for such taxes unless the criteria mandated 24 by subparagraph 1. or subparagraph 2. have been met and 25 commencement of production has occurred. 26 4. The department shall promulgate rules governing 27 applications for, issuance of, and the form of temporary tax 28 exemption permits; provisions for recapture of taxes; and the 29 manner and form of refund applications and may establish 30 guidelines as to the requisites for an affirmative showing of 31 increased productive output, commencement of production, and 34 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 qualification for exemption. 2 5. The exemptions provided in subparagraphs 1. and 2. 3 do not apply to machinery or equipment purchased or used by 4 electric utility companies, communications companies, oil or 5 gas exploration or production operations, publishing firms 6 that do not export at least 50 percent of their finished 7 product out of the state, any firm subject to regulation by 8 the Division of Hotels and Restaurants of the Department of 9 Business and Professional Regulation, or any firm which does 10 not manufacture, process, compound, or produce for sale items 11 of tangible personal property or which does not use such 12 machinery and equipment in spaceport activities as required by 13 this paragraph. The exemptions provided in subparagraphs 1. 14 and 2. shall apply to machinery and equipment purchased for 15 use in phosphate or other solid minerals severance, mining, or 16 processing operations only by way of a prospective credit 17 against taxes due under chapter 211 for taxes paid under this 18 chapter on such machinery and equipment. 19 6. For the purposes of the exemptions provided in 20 subparagraphs 1. and 2., these terms have the following 21 meanings: 22 a. "Industrial machinery and equipment" means tangible 23 personal property or other property that has a depreciable 24 life of 3 years or more and that is used as an integral part 25 in the manufacturing, processing, compounding, or production 26 of tangible personal property for sale or is exclusively used 27 in spaceport activities. A building and its structural 28 components are not industrial machinery and equipment unless 29 the building or structural component is so closely related to 30 the industrial machinery and equipment that it houses or 31 supports that the building or structural component can be 35 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 expected to be replaced when the machinery and equipment 2 itself is replaced. Heating and air conditioning systems are 3 not industrial machinery and equipment, unless the sole 4 justification for their installation is to meet the 5 requirements of the production process, even though the system 6 may provide incidental comfort to employees or serves, to an 7 insubstantial degree, nonproduction activities. "section 38 8 property" as defined in s. 48(a)(1)(A) and (B)(i) of the 9 Internal Revenue Code, provided "industrial machinery and 10 equipment" shall be construed by regulations adopted by the 11 Department of Revenue to mean tangible property used as an 12 integral part of spaceport activities or of the manufacturing, 13 processing, compounding, or producing for sale of items of 14 tangible personal property. Such term includes parts and 15 accessories only to the extent that the exemption thereof is 16 consistent with the provisions of this paragraph. 17 b. "Productive output" means the number of units 18 actually produced by a single plant or operation in a single 19 continuous 12-month period, irrespective of sales. Increases 20 in productive output shall be measured by the output for 12 21 continuous months immediately following the completion of 22 installation of such machinery or equipment over the output 23 for the 12 continuous months immediately preceding such 24 installation. However, if a different 12-month continuous 25 period of time would more accurately reflect the increase in 26 productive output of machinery and equipment purchased to 27 facilitate an expansion, the increase in productive output may 28 be measured during that 12-month continuous period of time if 29 such time period is mutually agreed upon by the Department of 30 Revenue and the expanding business prior to the commencement 31 of production; provided, however, in no case may such time 36 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 period begin later than 2 years following the completion of 2 installation of the new machinery and equipment. The units 3 used to measure productive output shall be physically 4 comparable between the two periods, irrespective of sales. 5 (d) Machinery and equipment used under federal 6 procurement contract.-- 7 1. Industrial machinery and equipment purchased by an 8 expanding business which manufactures tangible personal 9 property pursuant to federal procurement regulations at fixed 10 locations in this state are partially exempt from the tax 11 imposed in this chapter on that portion of the tax which is in 12 excess of $100,000 per calendar year upon an affirmative 13 showing by the taxpayer to the satisfaction of the department 14 that such items are used to increase the implicit productive 15 output of the expanded business by not less than 10 percent. 16 The percentage of increase is measured as deflated implicit 17 productive output for the calendar year during which the 18 installation of the machinery or equipment is completed or 19 during which commencement of production utilizing such items 20 is begun divided by the implicit productive output for the 21 preceding calendar year. In no case may the commencement of 22 production begin later than 2 years following completion of 23 installation of the machinery or equipment. 24 2. The amount of the exemption allowed shall equal the 25 taxes otherwise imposed by this chapter in excess of $100,000 26 per calendar year on qualifying industrial machinery or 27 equipment reduced by the percentage of gross receipts from 28 cost-reimbursement type contracts attributable to the plant or 29 operation to total gross receipts so attributable, accrued for 30 the year of completion or commencement. 31 3. The exemption provided by this paragraph shall 37 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 inure to the taxpayer only through refund of previously paid 2 taxes. Such refund shall be made within 30 days of formal 3 approval by the department of the taxpayer's application, 4 which application may be made on an annual basis following 5 installation of the machinery or equipment. 6 4. For the purposes of this paragraph, the term: 7 a. "Cost-reimbursement type contracts" has the same 8 meaning as in 32 C.F.R. s. 3-405. 9 b. "Deflated implicit productive output" means the 10 product of implicit productive output times the quotient of 11 the national defense implicit price deflator for the preceding 12 calendar year divided by the deflator for the year of 13 completion or commencement. 14 c. "Eligible costs" means the total direct and 15 indirect costs, as defined in 32 C.F.R. ss. 15-202 and 15-203, 16 excluding general and administrative costs, selling expenses, 17 and profit, defined by the uniform cost-accounting standards 18 adopted by the Cost-Accounting Standards Board created 19 pursuant to 50 U.S.C. s. 2168. 20 d. "Implicit productive output" means the annual 21 eligible costs attributable to all contracts or subcontracts 22 subject to federal procurement regulations of the single plant 23 or operation at which the machinery or equipment is used. 24 e. "Industrial machinery and equipment" means tangible 25 personal property, or other property, that has a depreciable 26 life of 3 years or more, that qualifies as an eligible cost 27 under federal procurement regulations, and that is used as an 28 integral part of the process of production of tangible 29 personal property. A building and its structural components 30 are not industrial machinery and equipment unless the building 31 or structural component is so closely related to the 38 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 industrial machinery and equipment that it houses or supports 2 that the building or structural component can be expected to 3 be replaced when the machinery and equipment itself is 4 replaced. Heating and air conditioning systems are not 5 industrial machinery and equipment, unless the sole 6 justification for their installation is to meet the 7 requirements of the production process, even though the system 8 may provide incidental comfort to employees or serves, to an 9 insubstantial degree, nonproduction activities. "section 38 10 property" as defined in s. 48(a)(1)(A) and (B)(i) of the 11 Internal Revenue Code, provided such industrial machinery and 12 equipment qualified as an eligible cost under federal 13 procurement regulations and are used as an integral part of 14 the tangible personal property production process. Such term 15 includes parts and accessories only to the extent that the 16 exemption of such parts and accessories is consistent with the 17 provisions of this paragraph. 18 f. "National defense implicit price deflator" means 19 the national defense implicit price deflator for the gross 20 national product as determined by the Bureau of Economic 21 Analysis of the United States Department of Commerce. 22 5. The exclusions provided in subparagraph (b)5. apply 23 to this exemption. This exemption applies only to machinery 24 or equipment purchased pursuant to production contracts with 25 the United States Department of Defense and Armed Forces, the 26 National Aeronautics and Space Administration, and other 27 federal agencies for which the contracts are classified for 28 national security reasons. In no event shall the provisions 29 of this paragraph apply to any expanding business the increase 30 in productive output of which could be measured under the 31 provisions of sub-subparagraph (b)6.b. as physically 39 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 comparable between the two periods. 2 (f) Motion picture or video equipment used in motion 3 picture or television production activities and sound 4 recording equipment used in the production of master tapes and 5 master records.-- 6 1. Motion picture or video equipment and sound 7 recording equipment purchased or leased for use in this state 8 in production activities is exempt from the tax imposed by 9 this chapter. The exemption provided by this paragraph shall 10 inure to the taxpayer upon presentation of the certificate of 11 exemption issued to the taxpayer under the provisions of s. 12 288.1258. 13 2. For the purpose of the exemption provided in 14 subparagraph 1.: 15 a. "Motion picture or video equipment" and "sound 16 recording equipment" includes only tangible personal property, 17 or other property, that has a depreciable life of 3 years or 18 more and equipment meeting the definition of "section 38 19 property" as defined in s. 48(a)(1)(A) and (B)(i) of the 20 Internal Revenue Code that is used by the lessee or purchaser 21 exclusively as an integral part of production activities; 22 however, motion picture or video equipment and sound recording 23 equipment does not include supplies, tape, records, film, or 24 video tape used in productions or other similar items; 25 vehicles or vessels; or general office equipment not 26 specifically suited to production activities. In addition, 27 the term does not include equipment purchased or leased by 28 television or radio broadcasting or cable companies licensed 29 by the Federal Communications Commission. Furthermore, a 30 building and its structural components are not motion picture 31 or video equipment and sound recording equipment unless the 40 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 building or structural component is so closely related to the 2 motion picture or video equipment and sound recording 3 equipment that it houses or supports that the building or 4 structural component can be expected to be replaced when the 5 motion picture or video equipment and sound recording 6 equipment itself is replaced. Heating and air conditioning 7 systems are not motion picture or video equipment and sound 8 recording equipment, unless the sole justification for their 9 installation is to meet the requirements of the production 10 activities, even though the system may provide incidental 11 comfort to employees or serves, to an insubstantial degree, 12 nonproduction activities. 13 b. "Production activities" means activities directed 14 toward the preparation of a: 15 (I) Master tape or master record embodying sound; or 16 (II) Motion picture or television production which is 17 produced for theatrical, commercial, advertising, or 18 educational purposes and utilizes live or animated actions or 19 a combination of live and animated actions. The motion picture 20 or television production shall be commercially produced for 21 sale or for showing on screens or broadcasting on television 22 and may be on film or video tape. 23 Section 6. (1) It is the intent of the Legislature to 24 provide guidance in tax matters which is current and useful. 25 Accordingly, the continued reference to a federal regulation 26 that no longer exists causes confusion and an undue burden on 27 persons affected by section 212.08, Florida Statutes. 28 (2) It is the purpose of the amendment to section 29 212.08(5)(b), (d), and (f), Florida Statutes, by this act to 30 replace specific references therein to "section 38 property" 31 as defined in s. 48(a)(1)(A) and (B)(i) of the Internal 41 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 Revenue Code with a general description of such property, and 2 such new description shall have the same meaning as the former 3 federal Internal Revenue Code regulation without limitation. 4 Section 7. Effective July 1, 2001, subsection (10) of 5 section 212.08, Florida Statutes, is amended to read: 6 212.08 Sales, rental, use, consumption, distribution, 7 and storage tax; specified exemptions.--The sale at retail, 8 the rental, the use, the consumption, the distribution, and 9 the storage to be used or consumed in this state of the 10 following are hereby specifically exempt from the tax imposed 11 by this chapter. 12 (10) PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT 13 OF ANOTHER STATE.-- 14 (a) The tax collected on the sale of a new or used 15 motor vehicle in this state to a resident of another state 16 shall be an amount equal to the sales tax which would be 17 imposed on such sale under the laws of the state of which the 18 purchaser is a resident, except that such tax shall not exceed 19 the tax that would otherwise be imposed under this chapter. 20 At the time of the sale, the purchaser shall execute a 21 notarized statement of his or her intent to license the 22 vehicle in the state of which the purchaser is a resident 23 within 45 days of the sale and of the fact of the payment to 24 the State of Florida of a sales tax in an amount equivalent to 25 the sales tax of his or her state of residence and shall 26 submit the statement to the appropriate sales tax collection 27 agency in his or her state of residence. Nothing in this 28 subsection shall be construed to require the removal of the 29 vehicle from this state following the filing of an intent to 30 license the vehicle in the purchaser's home state if the 31 purchaser licenses the vehicle in his or her home state within 42 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 45 days after the date of sale. 2 (b) Notwithstanding the partial exemption allowed in 3 paragraph (a), a vehicle is subject to this state's sales tax 4 at the applicable state sales tax rate plus authorized 5 surtaxes when the vehicle is purchased by a nonresident 6 corporation or partnership and: 7 1. An officer of the corporation is a resident of this 8 state; 9 2. A stockholder of the corporation who owns at least 10 10 percent of the corporation is a resident of this state; or 11 3. A partner in the partnership who has at least 10 12 percent ownership is a resident of this state. 13 14 However, if the vehicle is removed from this state within 45 15 days after purchase and remains outside the state for a 16 minimum of 180 days, the vehicle may qualify for the partial 17 exemption allowed in paragraph (a) despite the residency of 18 owners or stockholders of the purchasing entity. 19 Section 8. Effective July 1, 2001, paragraph (b) of 20 subsection (14) of section 212.06, Florida Statutes, is 21 amended to read: 22 212.06 Sales, storage, use tax; collectible from 23 dealers; "dealer" defined; dealers to collect from purchasers; 24 legislative intent as to scope of tax.-- 25 (14) For the purpose of determining whether a person 26 is improving real property, the term: 27 (b) "Fixtures" means items that are an accessory to a 28 building, other structure, or land and that do not lose their 29 identity as accessories when installed but that do become 30 permanently attached to realty. However, the term does not 31 include the following items, whether or not such items are 43 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 attached to real property in a permanent manner: trade 2 fixtures; property of a type that is required to be 3 registered, licensed, titled, or documented by this state or 4 by the United States Government, including, but not limited 5 to, mobile homes, except mobile homes assessed as real 6 property; or industrial machinery or equipment. For purposes 7 of this paragraph, industrial machinery or equipment is not 8 limited to machinery and equipment used to manufacture, 9 process, compound, or produce tangible personal property. For 10 an item to be considered a fixture, it is not necessary that 11 the owner of the item also own the real property to which it 12 is attached. 13 Section 9. It is the intent of the Legislature that 14 the amendment to section 212.06(14)(b), Florida Statutes, 15 relating to industrial machinery or equipment, which is made 16 by section 7 of this act is remedial in nature and merely 17 clarifies existing law. 18 Section 10. Paragraph (a) of subsection (8) and 19 subsection (9) of section 212.08, Florida Statutes, are 20 amended to read: 21 212.08 Sales, rental, use, consumption, distribution, 22 and storage tax; specified exemptions.--The sale at retail, 23 the rental, the use, the consumption, the distribution, and 24 the storage to be used or consumed in this state of the 25 following are hereby specifically exempt from the tax imposed 26 by this chapter. 27 (8) PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE 28 OR FOREIGN COMMERCE.-- 29 (a) The sale or use of vessels and parts thereof used 30 to transport persons or property in interstate or foreign 31 commerce, including commercial fishing vessels, is subject to 44 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 the taxes imposed in this chapter only to the extent provided 2 herein. The basis of the tax shall be the ratio of intrastate 3 mileage to interstate or foreign mileage traveled by the 4 carrier's vessels which were used in interstate or foreign 5 commerce and which had at least some Florida mileage during 6 the previous fiscal year. The ratio would be determined at the 7 close of the carrier's fiscal year. However, during the fiscal 8 year in which the vessel begins its initial operations in this 9 state, the vessel's mileage apportionment factor may be 10 determined on the basis of an estimated ratio of anticipated 11 miles in this state to anticipated total miles for that year, 12 and, subsequently, additional tax must be paid on the vessel, 13 or a refund may be applied for, on the basis of the actual 14 ratio of the vessel's miles in this state to its total miles 15 for that year. This ratio shall be applied each month to the 16 total Florida purchases of such vessels and parts thereof 17 which are used in Florida to establish that portion of the 18 total used and consumed in intrastate movement and subject to 19 the tax at the applicable rate. The basis for imposition of 20 any discretionary surtax shall be as set forth in s. 212.054. 21 Items, appropriate to carry out the purposes for which a 22 vessel is designed or equipped and used, purchased by the 23 owner, operator, or agent of a vessel for use on board such 24 vessel shall be deemed to be parts of the vessel upon which 25 the same are used or consumed. Vessels and parts thereof used 26 to transport persons or property in interstate and foreign 27 commerce are hereby determined to be susceptible to a distinct 28 and separate classification for taxation under the provisions 29 of this chapter. Vessels and parts thereof used exclusively in 30 intrastate commerce do not qualify for the proration of tax. 31 (9) PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES 45 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.-- 2 (a) Railroads which are licensed as common carriers by 3 the Surface Transportation Board Interstate Commerce 4 Commission and parts thereof used to transport persons or 5 property in interstate or foreign commerce are subject to tax 6 imposed in this chapter only to the extent provided herein. 7 The basis of the tax shall be the ratio of intrastate mileage 8 to interstate or foreign mileage traveled by the carrier 9 during the previous fiscal year of the carrier. Such ratio is 10 to be determined at the close of the carrier's fiscal year. 11 However, during the fiscal year in which the railroad begins 12 its initial operations in this state, the railroad's mileage 13 apportionment factor may be determined on the basis of an 14 estimated ratio of anticipated miles in this state to 15 anticipated total miles for that year, and, subsequently, 16 additional tax must be paid on the railroad, or a refund may 17 be applied for, on the basis of the actual ratio of the 18 railroad's miles in this state to its total miles for that 19 year. This ratio shall be applied each month to the Florida 20 total purchases of the railroad which are used in this state 21 to establish that portion of the total used and consumed in 22 intrastate movement and subject to tax under this chapter. The 23 basis for imposition of any discretionary surtax is set forth 24 in s. 212.054. Railroads which are licensed as common carriers 25 by the Surface Transportation Board Interstate Commerce 26 Commission and parts thereof used to transport persons or 27 property in interstate and foreign commerce are hereby 28 determined to be susceptible to a distinct and separate 29 classification for taxation under the provisions of this 30 chapter. 31 (b) Motor vehicles which are engaged in interstate 46 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 commerce as common carriers, and parts thereof, used to 2 transport persons or property in interstate or foreign 3 commerce are subject to tax imposed in this chapter only to 4 the extent provided herein. The basis of the tax shall be the 5 ratio of intrastate mileage to interstate or foreign mileage 6 traveled by the carrier's motor vehicles which were used in 7 interstate or foreign commerce and which had at least some 8 Florida mileage during the previous fiscal year of the 9 carrier. Such ratio is to be determined at the close of the 10 carrier's fiscal year. However, during the fiscal year in 11 which the carrier begins its initial operations in this state, 12 the carrier's mileage apportionment factor may be determined 13 on the basis of an estimated ratio of anticipated miles in 14 this state to anticipated total miles for that year, and, 15 subsequently, additional tax must be paid on the carrier, or a 16 refund may be applied for, on the basis of the actual ratio of 17 the carrier's miles in this state to its total miles for that 18 year. This ratio shall be applied each month to the Florida 19 total purchases of such motor vehicles and parts thereof which 20 are used in this state to establish that portion of the total 21 used and consumed in intrastate movement and subject to tax 22 under this chapter. The basis for imposition of any 23 discretionary surtax is set forth in s. 212.054. Motor 24 vehicles which are engaged in interstate commerce, and parts 25 thereof, used to transport persons or property in interstate 26 and foreign commerce are hereby determined to be susceptible 27 to a distinct and separate classification for taxation under 28 the provisions of this chapter. Motor vehicles and parts 29 thereof used exclusively in intrastate commerce do not qualify 30 for the proration of tax. For purposes of this paragraph, 31 parts of a motor vehicle engaged in interstate commerce 47 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 include a separate tank not connected to the fuel supply 2 system of the motor vehicle into which diesel fuel is placed 3 to operate a refrigeration unit or other equipment. 4 Section 11. Subsection (5) is added to section 212.11, 5 Florida Statutes, to read: 6 212.11 Tax returns and regulations.-- 7 (5)(a) Each dealer that claims any credits granted in 8 this chapter against that dealer's sales and use tax 9 liabilities, which credits are granted by reason of the 10 dealer's hiring employees, purchasing property, improving 11 property, paying increased ad valorem taxes, operating a 12 business, or otherwise engaging in activity in an urban 13 high-crime area, an enterprise zone, an empowerment zone, a 14 Front Porch Community, a designated brownfield area, or an 15 urban infill area, must submit to the department with the 16 return on which such credits are claimed a report in a format 17 prescribed by the department which provides the information 18 and documentation required to verify the dealer's entitlement 19 to the credits. All information must be broken down by the 20 urban high-crime area, enterprise zone, empowerment zone, 21 Front Porch Community, designated brownfield area, or urban 22 infill area to which it relates. In the case of any credit 23 that is granted in the form of a refund of previously paid 24 taxes, supporting documentation must be provided with the 25 application for refund. 26 (b) The department may adopt rules prescribing the 27 form in which the report required by this subsection is to be 28 submitted, which form may include magnetic tape or other means 29 of electronic transmission. 30 (c) The department shall disallow any credit that is 31 not supported by the report required by this subsection. 48 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 Section 12. If the amendment to subsection (6) of 2 section 212.20, Florida Statutes, by section 35 of chapter 3 2000-260, Laws of Florida, does not take effect, paragraph (e) 4 of subsection (6) of section 212.20, Florida Statutes, is 5 amended to read: 6 212.20 Funds collected, disposition; additional powers 7 of department; operational expense; refund of taxes 8 adjudicated unconstitutionally collected.-- 9 (6) Distribution of all proceeds under this chapter 10 shall be as follows: 11 (e) The proceeds of all other taxes and fees imposed 12 pursuant to this chapter shall be distributed as follows: 13 1. In any fiscal year, the greater of $500 million, 14 minus an amount equal to 4.6 percent of the proceeds of the 15 taxes collected pursuant to chapter 201, or 5 percent of all 16 other taxes and fees imposed pursuant to this chapter shall be 17 deposited in monthly installments into the General Revenue 18 Fund. 19 2. Two-tenths of one percent shall be transferred to 20 the Solid Waste Management Trust Fund. 21 3. After the distribution under subparagraphs 1. and 22 2., 9.653 percent of the amount remitted by a sales tax dealer 23 located within a participating county pursuant to s. 218.61 24 shall be transferred into the Local Government Half-cent Sales 25 Tax Clearing Trust Fund. 26 4. After the distribution under subparagraphs 1., 2., 27 and 3., 0.065 percent shall be transferred to the Local 28 Government Half-cent Sales Tax Clearing Trust Fund and 29 distributed pursuant to s. 218.65. 30 5. For proceeds received after July 1, 2000, and after 31 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 49 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 percent of the available proceeds pursuant to this paragraph 2 shall be transferred monthly to the Revenue Sharing Trust Fund 3 for Counties pursuant to s. 218.215. 4 6.a. For proceeds received after July 1, 2000, and 5 after the distributions under subparagraphs 1., 2., 3., and 6 4., 1.0715 percent of the available proceeds pursuant to this 7 paragraph shall be transferred monthly to the Revenue Sharing 8 Trust Fund for Municipalities pursuant to s. 218.215. 9 b. If the total revenue to be distributed pursuant to 10 this subparagraph is at least as great as the amount due from 11 the Revenue Sharing Trust Fund for Municipalities and the 12 Municipal Financial Assistance Trust Fund in state fiscal year 13 1999-2000, no municipality shall receive less than the amount 14 due from the Revenue Sharing Trust Fund for Municipalities and 15 the Municipal Financial Assistance Trust Fund in state fiscal 16 year 1999-2000. 17 c. If the total proceeds to be distributed are less 18 than the amount received in combination from the Revenue 19 Sharing Trust Fund for Municipalities and the Municipal 20 Financial Assistance Trust Fund in state fiscal year 21 1999-2000, each municipality shall receive an amount 22 proportionate to the amount it was due in state fiscal year 23 1999-2000. 24 d. Each newly incorporated municipality that meets the 25 eligibility requirements established in s. 218.23 or in the 26 local act establishing the municipality is eligible to receive 27 a share of revenue sharing funds under s. 218.245. If the 28 total proceeds to be distributed are less than the amount 29 received in combination from the Revenue Sharing Trust Fund 30 for Municipalities and the Municipal Financial Assistance 31 Trust Fund in the 1999-2000 fiscal year, plus the share for 50 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 any new municipalities, each municipality shall receive a 2 proportionate amount. 3 7. Of the remaining proceeds: 4 a. Beginning July 1, 2000, and in each fiscal year 5 thereafter, the sum of $29,915,500 shall be divided into as 6 many equal parts as there are counties in the state, and one 7 part shall be distributed to each county. The distribution 8 among the several counties shall begin each fiscal year on or 9 before January 5th and shall continue monthly for a total of 4 10 months. If a local or special law required that any moneys 11 accruing to a county in fiscal year 1999-2000 under the 12 then-existing provisions of s. 550.135 be paid directly to the 13 district school board, special district, or a municipal 14 government, such payment shall continue until such time that 15 the local or special law is amended or repealed. The state 16 covenants with holders of bonds or other instruments of 17 indebtedness issued by local governments, special districts, 18 or district school boards prior to July 1, 2000, that it is 19 not the intent of this subparagraph to adversely affect the 20 rights of those holders or relieve local governments, special 21 districts, or district school boards of the duty to meet their 22 obligations as a result of previous pledges or assignments or 23 trusts entered into which obligated funds received from the 24 distribution to county governments under then-existing s. 25 550.135. This distribution specifically is in lieu of funds 26 distributed under s. 550.135 prior to July 1, 2000. 27 b. The department shall distribute $166,667 monthly 28 pursuant to s. 288.1162 to each applicant that has been 29 certified as a "facility for a new professional sports 30 franchise" or a "facility for a retained professional sports 31 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 51 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 distributed monthly by the department to each applicant that 2 has been certified as a "facility for a retained spring 3 training franchise" pursuant to s. 288.1162; however, not more 4 than $208,335 may be distributed monthly in the aggregate to 5 all certified facilities for a retained spring training 6 franchise. Distributions shall begin 60 days following such 7 certification and shall continue for not more than 30 years. 8 Nothing contained in this paragraph shall be construed to 9 allow an applicant certified pursuant to s. 288.1162 to 10 receive more in distributions than actually expended by the 11 applicant for the public purposes provided for in s. 12 288.1162(6). However, a certified applicant is entitled to 13 receive distributions up to the maximum amount allowable and 14 undistributed under this section for additional renovations 15 and improvements to the facility for the franchise without 16 additional certification. 17 c. Beginning 30 days after notice by the Office of 18 Tourism, Trade, and Economic Development to the Department of 19 Revenue that an applicant has been certified as the 20 professional golf hall of fame pursuant to s. 288.1168 and is 21 open to the public, $166,667 shall be distributed monthly, for 22 up to 300 months, to the applicant. 23 d. Beginning 30 days after notice by the Office of 24 Tourism, Trade, and Economic Development to the Department of 25 Revenue that the applicant has been certified as the 26 International Game Fish Association World Center facility 27 pursuant to s. 288.1169, and the facility is open to the 28 public, $83,333 shall be distributed monthly, for up to 168 29 months, to the applicant. This distribution is subject to 30 reduction pursuant to s. 288.1169. A lump sum payment of 31 $999,996 shall be made, after certification and before July 1, 52 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 2000. 2 8. All other proceeds shall remain with the General 3 Revenue Fund. 4 Section 13. If the amendment to subsection (6) of 5 section 212.20, Florida Statutes, by section 35 of chapter 6 2000-260, Laws of Florida, does take effect, paragraph (e) of 7 subsection (6) of section 212.20, Florida Statutes, is amended 8 to read: 9 212.20 Funds collected, disposition; additional powers 10 of department; operational expense; refund of taxes 11 adjudicated unconstitutionally collected.-- 12 (6) Distribution of all proceeds under this chapter 13 and s. 202.18(1)(b) and (2)(b) shall be as follows: 14 (e) The proceeds of all other taxes and fees imposed 15 pursuant to this chapter or remitted pursuant to s. 16 202.18(1)(b) and (2)(b) shall be distributed as follows: 17 1. In any fiscal year, the greater of $500 million, 18 minus an amount equal to 4.6 percent of the proceeds of the 19 taxes collected pursuant to chapter 201, or 5 percent of all 20 other taxes and fees imposed pursuant to this chapter or 21 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be 22 deposited in monthly installments into the General Revenue 23 Fund. 24 2. Two-tenths of one percent shall be transferred to 25 the Solid Waste Management Trust Fund. 26 3. After the distribution under subparagraphs 1. and 27 2., 9.653 percent of the amount remitted by a sales tax dealer 28 located within a participating county pursuant to s. 218.61 29 shall be transferred into the Local Government Half-cent Sales 30 Tax Clearing Trust Fund. 31 4. After the distribution under subparagraphs 1., 2., 53 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 and 3., 0.065 percent shall be transferred to the Local 2 Government Half-cent Sales Tax Clearing Trust Fund and 3 distributed pursuant to s. 218.65. 4 5. For proceeds received after July 1, 2000, and after 5 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 6 percent of the available proceeds pursuant to this paragraph 7 shall be transferred monthly to the Revenue Sharing Trust Fund 8 for Counties pursuant to s. 218.215. 9 6.a. For proceeds received after July 1, 2000, and 10 after the distributions under subparagraphs 1., 2., 3., and 11 4., 1.0715 percent of the available proceeds pursuant to this 12 paragraph shall be transferred monthly to the Revenue Sharing 13 Trust Fund for Municipalities pursuant to s. 218.215. 14 b. If the total revenue to be distributed pursuant to 15 this subparagraph is at least as great as the amount due from 16 the Revenue Sharing Trust Fund for Municipalities and the 17 Municipal Financial Assistance Trust Fund in state fiscal year 18 1999-2000, no municipality shall receive less than the amount 19 due from the Revenue Sharing Trust Fund for Municipalities and 20 the Municipal Financial Assistance Trust Fund in state fiscal 21 year 1999-2000. 22 c. If the total proceeds to be distributed are less 23 than the amount received in combination from the Revenue 24 Sharing Trust Fund for Municipalities and the Municipal 25 Financial Assistance Trust Fund in state fiscal year 26 1999-2000, each municipality shall receive an amount 27 proportionate to the amount it was due in state fiscal year 28 1999-2000. 29 d. Each newly incorporated municipality that meets the 30 eligibility requirements established in s. 218.23 or in the 31 local act establishing the municipality is eligible to receive 54 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 a share of revenue sharing funds under s. 218.245. If the 2 total proceeds to be distributed are less than the amount 3 received in combination from the Revenue Sharing Trust Fund 4 for Municipalities and the Municipal Financial Assistance 5 Trust Fund in the 1999-2000 fiscal year, plus the share for 6 any new municipalities, each municipality shall receive a 7 proportionate amount. 8 7. Of the remaining proceeds: 9 a. Beginning July 1, 2000, and in each fiscal year 10 thereafter, the sum of $29,915,500 shall be divided into as 11 many equal parts as there are counties in the state, and one 12 part shall be distributed to each county. The distribution 13 among the several counties shall begin each fiscal year on or 14 before January 5th and shall continue monthly for a total of 4 15 months. If a local or special law required that any moneys 16 accruing to a county in fiscal year 1999-2000 under the 17 then-existing provisions of s. 550.135 be paid directly to the 18 district school board, special district, or a municipal 19 government, such payment shall continue until such time that 20 the local or special law is amended or repealed. The state 21 covenants with holders of bonds or other instruments of 22 indebtedness issued by local governments, special districts, 23 or district school boards prior to July 1, 2000, that it is 24 not the intent of this subparagraph to adversely affect the 25 rights of those holders or relieve local governments, special 26 districts, or district school boards of the duty to meet their 27 obligations as a result of previous pledges or assignments or 28 trusts entered into which obligated funds received from the 29 distribution to county governments under then-existing s. 30 550.135. This distribution specifically is in lieu of funds 31 distributed under s. 550.135 prior to July 1, 2000. 55 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 b. The department shall distribute $166,667 monthly 2 pursuant to s. 288.1162 to each applicant that has been 3 certified as a "facility for a new professional sports 4 franchise" or a "facility for a retained professional sports 5 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 6 distributed monthly by the department to each applicant that 7 has been certified as a "facility for a retained spring 8 training franchise" pursuant to s. 288.1162; however, not more 9 than $208,335 may be distributed monthly in the aggregate to 10 all certified facilities for a retained spring training 11 franchise. Distributions shall begin 60 days following such 12 certification and shall continue for not more than 30 years. 13 Nothing contained in this paragraph shall be construed to 14 allow an applicant certified pursuant to s. 288.1162 to 15 receive more in distributions than actually expended by the 16 applicant for the public purposes provided for in s. 17 288.1162(6). However, a certified applicant is entitled to 18 receive distributions up to the maximum amount allowable and 19 undistributed under this section for additional renovations 20 and improvements to the facility for the franchise without 21 additional certification. 22 c. Beginning 30 days after notice by the Office of 23 Tourism, Trade, and Economic Development to the Department of 24 Revenue that an applicant has been certified as the 25 professional golf hall of fame pursuant to s. 288.1168 and is 26 open to the public, $166,667 shall be distributed monthly, for 27 up to 300 months, to the applicant. 28 d. Beginning 30 days after notice by the Office of 29 Tourism, Trade, and Economic Development to the Department of 30 Revenue that the applicant has been certified as the 31 International Game Fish Association World Center facility 56 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 pursuant to s. 288.1169, and the facility is open to the 2 public, $83,333 shall be distributed monthly, for up to 168 3 months, to the applicant. This distribution is subject to 4 reduction pursuant to s. 288.1169. A lump sum payment of 5 $999,996 shall be made, after certification and before July 1, 6 2000. 7 8. All other proceeds shall remain with the General 8 Revenue Fund. 9 Section 14. Paragraph (b) of subsection (6) of section 10 218.21, Florida Statutes, is amended to read: 11 218.21 Definitions.--As used in this part, the 12 following words and terms shall have the meanings ascribed 13 them in this section, except where the context clearly 14 indicates a different meaning: 15 (6) "Guaranteed entitlement" means the amount of 16 revenue which must be shared with an eligible unit of local 17 government so that: 18 (b)1. No eligible municipality shall receive less 19 funds from the Revenue Sharing Trust Fund for Municipalities 20 in any fiscal year than the aggregate amount it received from 21 the state in fiscal year 1971-1972 under the provisions of the 22 then-existing s. 210.20(2)(a), tax on cigarettes; s. 23 323.16(3), road tax; and s. 206.605, tax on motor fuel. 24 2. Any government exercising municipal powers under s. 25 6(f), Art. VIII of the State Constitution may not receive less 26 than the aggregate amount it received from the Revenue Sharing 27 Trust Fund for Municipalities in the preceding fiscal year, 28 plus a percentage increase in such amount equal to the 29 percentage increase of the Revenue Sharing Trust Fund for 30 Municipalities for the preceding fiscal year. However, for the 31 distributions made during the 2001-2002 fiscal year, the 57 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 percentage increase shall be calculated as the revenues from 2 the Revenue Sharing Trust Fund for Municipalities for the 3 2001-2002 fiscal year, divided by the sum of the revenues from 4 the Revenue Sharing Trust Fund for Municipalities for the 5 1999-2000 fiscal year and the revenues from the Municipal 6 Financial Assistance Trust Fund for the 1999-2000 fiscal year, 7 minus one. 8 Section 15. Effective July 1, 2001, subsection (4) of 9 section 220.22, Florida Statutes, is amended to read: 10 220.22 Returns; filing requirement.-- 11 (4) The department shall designate by rule certain 12 not-for-profit entities and others that are not required to 13 file a return, including an initial information return, under 14 this code unless the entities have taxable income as defined 15 in s. 220.13(2). These entities must include subchapter S 16 corporations, tax-exempt entities, and others that do not 17 usually owe federal income tax. For the year in which an 18 election is made pursuant to s. 1361(b)(3) of the Internal 19 Revenue Code, the qualified subchapter S subsidiary shall file 20 an informational return with the department, which return 21 shall be restricted to information identifying the subsidiary, 22 the electing S corporation parent, and the effective date of 23 the election. 24 Section 16. Effective July 1, 2001, subsection (10) of 25 section 624.509, Florida Statutes, is repealed. 26 Section 17. Subsection (9) of section 213.27, Florida 27 Statutes, is repealed. 28 Section 18. Section 213.256, Florida Statutes, is 29 created to read: 30 213.256 Simplified Sales and Use Tax Administration 31 Act.-- 58 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 (1) As used in this section, the term: 2 (a) "Department" means the Department of Revenue. 3 (b) "Agreement" means the Streamlined Sales and Use 4 Tax Agreement as amended and adopted on January 27, 2001, by 5 the Executive Committee of the National Conference of State 6 Legislatures. 7 (c) "Certified automated system" means software 8 certified jointly by the states that are signatories to the 9 agreement to calculate the tax imposed by each jurisdiction on 10 a transaction, determine the amount of tax to remit to the 11 appropriate state, and maintain a record of the transaction. 12 (d) "Certified service provider" means an agent 13 certified jointly by the states that are signatories to the 14 agreement to perform all of the seller's sales tax functions. 15 (e) "Person" means an individual, trust, estate, 16 fiduciary, partnership, limited liability company, limited 17 liability partnership, corporation, or any other legal entity. 18 (f) "Sales tax" means the tax levied under chapter 19 212. 20 (g) "Seller" means any person making sales, leases, or 21 rentals of personal property or services. 22 (h) "State" means any state of the United States and 23 the District of Columbia. 24 (i) "Use tax" means the tax levied under chapter 212. 25 (2)(a) The executive director of the department shall 26 enter into the Streamlined Sales and Use Tax Agreement with 27 one or more states to simplify and modernize sales and use tax 28 administration in order to substantially reduce the burden of 29 tax compliance for all sellers and for all types of commerce. 30 In furtherance of the agreement, the executive director of the 31 department or his or her designee shall act jointly with other 59 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 states that are members of the agreement to establish 2 standards for certification of a certified service provider 3 and certified automated system and establish performance 4 standards for multistate sellers. 5 (b) The executive director of the department or his or 6 her designee shall take other actions reasonably required to 7 administer this section. Other actions authorized by this 8 section include, but are not limited to, the adoption of rules 9 and the joint procurement, with other member states, of goods 10 and services in furtherance of the cooperative agreement. 11 (c) The executive director of the department or his or 12 her designee may represent this state before the other states 13 that are signatories to the agreement. 14 (3) The executive director of the department may not 15 enter into the Streamlined Sales and Use Tax Agreement unless 16 the agreement requires each state to abide by the following 17 requirements: 18 (a) The agreement must set restrictions to limit, over 19 time, the number of state tax rates. 20 (b) The agreement must establish uniform standards 21 for: 22 1. The sourcing of transactions to taxing 23 jurisdictions. 24 2. The administration of exempt sales. 25 3. Sales and use tax returns and remittances. 26 (c) The agreement must provide a central electronic 27 registration system that allows a seller to register to 28 collect and remit sales and use taxes for all signatory 29 states. 30 (d) The agreement must provide that registration with 31 the central registration system and the collection of sales 60 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 and use taxes in the signatory state will not be used as a 2 factor in determining whether the seller has nexus with a 3 state for any tax. 4 (e) The agreement must provide for reduction of the 5 burdens of complying with local sales and use taxes through: 6 1. Restricting variances between the state and local 7 tax bases. 8 2. Requiring states to administer any sales and use 9 taxes levied by local jurisdictions within the state so that 10 sellers who collect and remit these taxes will not have to 11 register or file returns with, remit funds to, or be subject 12 to independent audits from local taxing jurisdictions. 13 3. Restricting the frequency of changes in the local 14 sales and use tax rates and setting effective dates for the 15 application of local jurisdictional boundary changes to local 16 sales and use taxes. 17 4. Providing notice of changes in local sales and use 18 tax rates and of local changes in the boundaries of local 19 taxing jurisdictions. 20 (f) The agreement must outline any monetary allowances 21 that are to be provided by the states to sellers or certified 22 service providers. The agreement must allow for a joint study 23 by the public and private sectors, which must be completed by 24 July 1, 2002, of the compliance cost to sellers and certified 25 service providers of collecting sales and use taxes for state 26 and local governments under various levels of complexity. 27 (g) The agreement must require each state to certify 28 compliance with the terms of the agreement before joining and 29 to maintain compliance, under the laws of the member state, 30 with all provisions of the agreement while a member. 31 (h) The agreement must require each state to adopt a 61 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 uniform policy for certified service providers which protects 2 the privacy of consumers and maintains the confidentiality of 3 tax information. 4 (i) The agreement must provide for the appointment of 5 an advisory council of private-sector representatives and an 6 advisory council of nonmember state representatives to consult 7 within the administration of the agreement. 8 (4) For the purposes of reviewing or amending the 9 agreement to embody the simplification requirements as set 10 forth in subsection (3), this state shall enter into 11 multistate discussions. For purposes of such discussions, this 12 state shall be represented by three delegates, one appointed 13 by the President of the Senate, one appointed by the Speaker 14 of the House of Representatives, and the executive director of 15 the department or his or her designee. 16 (5) No provision of the agreement authorized by this 17 section in whole or in part invalidates or amends any 18 provision of the laws of this state. Adoption of the agreement 19 by this state does not amend or modify any law of the state. 20 Implementation of any condition of the agreement in this 21 state, whether adopted before, at, or after membership of this 22 state in the agreement, must be by the action of the state. 23 (6) The agreement authorized by this section is an 24 accord among individual cooperating sovereigns in furtherance 25 of their governmental functions. The agreement provides a 26 mechanism among the member states to establish and maintain a 27 cooperative, simplified system for the application and 28 administration of sales and use taxes under the duly adopted 29 law of each member state. 30 (7)(a) The agreement authorized by this act binds and 31 inures only to the benefit of this state and the other member 62 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 states. No person, other than a member state, is an intended 2 beneficiary of the agreement. Any benefit to a person other 3 than a state is established by the laws of this state and of 4 other member states and not by the terms of the agreement. 5 (b) Consistent with paragraph (a), no person has any 6 cause of action or defense under the agreement or by virtue of 7 this state's approval of the agreement. No person may 8 challenge, in any action brought under any provision of law, 9 any action or inaction by any department, agency, or other 10 instrumentality of this state, or of any political subdivision 11 of this state, on the ground that the action or inaction is 12 inconsistent with the agreement. 13 (c) No law of this state, or the application thereof, 14 may be declared invalid as to any person or circumstance on 15 the ground that the provision or application is inconsistent 16 with the agreement. 17 (8)(a) A certified service provider is the agent of a 18 seller with whom the certified service provider has contracted 19 for the collection and remittance of sales and use taxes. As 20 the seller's agent, the certified service provider is liable 21 for sales and use tax due each member state on all sales 22 transactions it processes for the seller except as set out in 23 this subsection. 24 (b) A seller that contracts with a certified service 25 provider is not liable to the state for sales or use tax due 26 on transactions processed by the certified service provider 27 unless the seller has misrepresented the type of items it 28 sells or has committed fraud. In the absence of probable cause 29 to believe that the seller has committed fraud or made a 30 material misrepresentation, the seller is not subject to audit 31 on the transactions processed by the certified service 63 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 provider. A seller is subject to audit for transactions that 2 have not been processed by the certified service provider. The 3 member states acting jointly may perform a system check of the 4 seller and review the seller's procedures to determine if the 5 certified service provider's system is functioning properly 6 and to determine the extent to which the seller's transactions 7 are being processed by the certified service provider. 8 (c) A person that provides a certified automated 9 system is responsible for the proper functioning of that 10 system and is liable to the state for underpayments of tax 11 attributable to errors in the functioning of the certified 12 automated system. A seller that uses a certified automated 13 system remains responsible and is liable to the state for 14 reporting and remitting tax. 15 (d) A seller that has a proprietary system for 16 determining the amount of tax due on transactions and has 17 signed an agreement establishing a performance standards for 18 that system is liable for the failure of the system to meet 19 the performance standard. 20 (9) Disclosure of information necessary under this 21 section must be pursuant to a written agreement between the 22 executive director of the department or his or her designee 23 and the certified service provider. The certified service 24 provider is bound by the same requirements of confidentiality 25 as the department. Breach of confidentiality is a misdemeanor 26 of the first degree, punishable as provided in s. 775.082 or 27 s. 775.083. 28 (10) On or before January 1 annually, the department 29 shall provide recommendations to the President of the Senate, 30 the Senate Minority Leader, the Speaker of the House of 31 Representatives, and the Minority Leader of the House of 64 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 Representatives for provisions to be adopted for inclusion 2 within the system which are necessary to bring it into 3 compliance with the Streamlined Sales and Use Tax Agreement. 4 Section 19. Subsection (2) of section 213.285, Florida 5 Statutes, is amended to read: 6 213.285 Certified audits.-- 7 (2)(a) The department is authorized to initiate a 8 certified audits project to further enhance tax compliance 9 reviews performed by qualified practitioners and to encourage 10 taxpayers to hire qualified practitioners at their own expense 11 to review and report on their tax compliance. The nature of 12 certified audit work performed by qualified practitioners 13 shall be agreed-upon procedures in which the department is the 14 specified user of the resulting report. 15 (b) As an incentive for taxpayers to incur the costs 16 of a certified audit, the department shall compromise 17 penalties and abate interest due on any tax liabilities 18 revealed by a certified audit as provided in s. 213.21. This 19 authority to compromise penalties or abate interest shall not 20 apply to any liability for taxes that were collected by the 21 participating taxpayer but that were not remitted to the 22 department. 23 (c) The certified audits project is repealed on July 24 1, 2006 2002, or upon completion of the project as determined 25 by the department, whichever occurs first. 26 Section 20. Paragraph (n) of subsection (7) of section 27 213.053, Florida Statutes, is amended to read: 28 213.053 Confidentiality and information sharing.-- 29 (7) Notwithstanding any other provision of this 30 section, the department may provide: 31 (n) Information contained in returns, reports, 65 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 accounts, or declarations to the Board of Accountancy in 2 connection with a disciplinary proceeding conducted pursuant 3 to chapter 473 when related to a certified public accountant 4 participating in the certified audits project, or to the court 5 in connection with a civil proceeding brought by the 6 department relating to a claim for recovery of taxes due to 7 negligence on the part of a certified public accountant 8 participating in the certified audits project. In any 9 judicial proceeding brought by the department, upon motion for 10 protective order, the court shall limit disclosure of tax 11 information when necessary to effectuate the purposes of this 12 section. This paragraph is repealed on July 1, 2006 2002. 13 14 Disclosure of information under this subsection shall be 15 pursuant to a written agreement between the executive director 16 and the agency. Such agencies, governmental or 17 nongovernmental, shall be bound by the same requirements of 18 confidentiality as the Department of Revenue. Breach of 19 confidentiality is a misdemeanor of the first degree, 20 punishable as provided by s. 775.082 or s. 775.083. 21 Section 21. Subsection (8) of section 213.21, Florida 22 Statutes, is amended to read: 23 213.21 Informal conferences; compromises.-- 24 (8) In order to determine whether certified audits are 25 an effective tool in the overall state tax collection effort, 26 the executive director of the department or the executive 27 director's designee shall settle or compromise penalty 28 liabilities of taxpayers who participate in the certified 29 audits project. As further incentive for participating in the 30 program, the department shall abate the first $25,000 of any 31 interest liability and 25 percent of any interest due in 66 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 excess of the first $25,000. A settlement or compromise of 2 penalties or interest pursuant to this subsection shall not be 3 subject to the provisions of paragraph (3)(a), except for the 4 requirement relating to confidentiality of records. The 5 department may consider an additional compromise of tax or 6 interest pursuant to the provisions of paragraph (3)(a). This 7 subsection does not apply to any liability related to taxes 8 collected but not remitted to the department. This subsection 9 is repealed on July 1, 2006 2002. 10 Section 22. Section 213.30, Florida Statutes, is 11 amended to read: 12 213.30 Compensation for information relating to a 13 violation of the tax laws.-- 14 (1) The executive director of the department, pursuant 15 to rules adopted by the department, is authorized to 16 compensate persons providing information to the department 17 leading to: 18 (a) The punishment of, or collection of taxes, 19 penalties, or interest from, any person with respect to the 20 taxes enumerated in s. 213.05. The amount of any payment made 21 under this paragraph may not exceed 10 percent of any tax, 22 penalties, or interest collected as a result of such 23 information. 24 (b) The identification and registration of a taxpayer 25 who is not in compliance with the registration requirements of 26 any tax statute that is listed in s. 213.05. The amount of 27 the payment made to any person who provides information to the 28 department which results in the registration of a noncompliant 29 taxpayer shall be $100. The reward authorized in this 30 paragraph shall be paid only if the noncompliant taxpayer: 31 1. Conducts business from a permanent, fixed location; 67 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 2. Is engaged in a bona fide taxable activity; and 2 3. Is found by the department to have an unpaid tax 3 liability. 4 (2) Any employee of the department or of any other 5 state or federal agency who comes into possession of 6 information relating to a violation of a revenue law while an 7 employee of such agency may provide information to the 8 department of the type described in subsection (1), but the 9 employee may not be compensated under this section. Any 10 former employee of the department or any other state or 11 federal agency who came into possession of information 12 relating to a violation of a revenue law while an employee of 13 such agency may provide information to the department of the 14 type described in subsection (1), but the former employee may 15 not receive compensation under this section. 16 (3) Notwithstanding the provisions of any other law, 17 this section is the sole means by which any person may obtain 18 any moneys as the result of or in relation to the failure by 19 another person to comply with the tax laws of this state. The 20 use of any other law to obtain moneys for such failure is in 21 derogation of this statute and conflicts with the state's duty 22 to administer the tax laws. 23 Section 23. The amendment to section 213.30, Florida 24 Statutes, made by this act does not apply to any case in 25 litigation or under seal on the effective date of this act. 26 Section 24. Paragraph (f) of subsection (4) of section 27 11 of chapter 2000-165, Laws of Florida, is amended to read: 28 (4) Effective October 1, 2000, the following programs 29 and functions are transferred to the Agency for Workforce 30 Innovation: 31 (f) The Division of Unemployment Compensation is 68 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 transferred by a type two transfer, as defined in section 2 20.06(2), Florida Statutes, from the Department of Labor and 3 Employment Security to the Agency for Workforce Innovation. 4 The resources, data, records, property, and unexpended 5 balances of appropriations, allocations, and other funds 6 within the Office of the Secretary or any other division, 7 office, bureau, or unit within the Department of Labor and 8 Employment Security that support the Division of Unemployment 9 Compensation are transferred by a type two transfer, as 10 defined in section 20.06(2), Florida Statutes, from the 11 Department of Labor and Employment Security. By January 1, 12 2001, the Agency for Workforce Innovation shall enter into a 13 contract with the Department of Revenue which shall provide 14 for the Department of Revenue to provide unemployment tax 15 collection services. The Department of Revenue, in 16 consultation with the Department of Labor and Employment 17 Security, shall determine the number of positions needed to 18 provide unemployment tax collection services within the 19 Department of Revenue. The number of unemployment tax 20 collection service positions the Department of Revenue 21 determines are needed shall not exceed the number of positions 22 that, prior to the contract, were authorized to the Department 23 of Labor and Employment Security for this purpose. Upon 24 entering into the contract with the Agency for Workforce 25 Innovation to provide unemployment tax collection services, 26 the number of required positions, as determined by the 27 Department of Revenue, shall be authorized within the 28 Department of Revenue. Beginning January 1, 2002, the Office 29 of Program Policy Analysis and Government Accountability shall 30 conduct a feasibility study regarding privatization of 31 unemployment tax collection services. A report on the 69 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 conclusions of this study shall be submitted to the Governor, 2 the President of the Senate, and the Speaker of the House of 3 Representatives. The Department of Revenue is considered to be 4 administering a revenue law of this state when it provides 5 unemployment compensation tax collection services pursuant to 6 its contract with the Agency for Workforce Innovation. The 7 following provisions of chapter 213, Florida Statutes, apply 8 to the collection of unemployment contributions by the 9 Department of Revenue unless prohibited by federal law: ss. 10 213.018, 213.025, 213.051, 213.053, 213.055, 213.071, 213.10, 11 213.21(2), (3), (4), (5), (6), (7), and (8), 213.2201, 213.23, 12 213.24, 213.25, 213.26, 213.27, 213.28, 213.285, 213.30, 13 213.34, 213.37, 213.50, 213.67, 213.69, 213.73, 213.731, 14 213.732, 213.733, 213.74, 213.755, and 213.757. 15 Section 25. Subsection (7) of section 45.031, Florida 16 Statutes, is amended to read: 17 45.031 Judicial sales procedure.--In any sale of real 18 or personal property under an order or judgment, the following 19 procedure may be followed as an alternative to any other sale 20 procedure if so ordered by the court: 21 (7) DISBURSEMENTS OF PROCEEDS.--On filing a 22 certificate of title the clerk shall disburse the proceeds of 23 the sale in accordance with the order or final judgment, and 24 shall file a report of such disbursements and serve a copy of 25 it on each party not in default, and on the Department of 26 Revenue, if it was named as a defendant in the action or if 27 the Agency for Workforce Innovation or the Florida Department 28 of Labor and Employment Security was named as a defendant 29 while the Department of Revenue was performing unemployment 30 compensation tax collection services pursuant to a contract 31 with the Agency for Workforce Innovation, in substantially the 70 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 following form: 2 3 (Caption of Action) 4 5 CERTIFICATE OF DISBURSEMENTS 6 7 The undersigned clerk of the court certifies that he or 8 she disbursed the proceeds received from the sale of the 9 property as provided in the order or final judgment to the 10 persons and in the amounts as follows: 11 Name Amount 12 13 Total 14 15 WITNESS my hand and the seal of the court on ...., 16 ...(year).... 17 ...(Clerk)... 18 By ...(Deputy Clerk)... 19 20 If no objections to the report are served within 10 days after 21 it is filed, the disbursements by the clerk shall stand 22 approved as reported. If timely objections to the report are 23 served, they shall be heard by the court. Service of 24 objections to the report does not affect or cloud the title of 25 the purchaser of the property in any manner. 26 Section 26. Paragraph (a) of subsection (4) of section 27 69.041, Florida Statutes, is amended to read: 28 69.041 State named party; lien foreclosure, suit to 29 quiet title.-- 30 (4)(a) The Department of Revenue has the right to 31 participate in the disbursement of funds remaining in the 71 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 registry of the court after distribution pursuant to s. 2 45.031(7). The department shall participate in accordance with 3 applicable procedures in any mortgage foreclosure action in 4 which the department has a duly filed tax warrant, or 5 interests under a lien arising from a judgment, order, or 6 decree for child support, or interest in an unemployment 7 compensation tax lien pursuant to a contract with the Agency 8 for Workforce Innovation, against the subject property and 9 with the same priority, regardless of whether a default 10 against the department, the Agency for Workforce Innovation, 11 or the Department of Labor and Employment Security has been 12 entered for failure to file an answer or other responsive 13 pleading. 14 Section 27. Subsection (1) of section 213.053, Florida 15 Statutes, is amended to read: 16 213.053 Confidentiality and information sharing.-- 17 (1) The provisions of this section apply to s. 18 125.0104, county government; s. 125.0108, tourist impact tax; 19 chapter 175, municipal firefighters' pension trust funds; 20 chapter 185, municipal police officers' retirement trust 21 funds; chapter 198, estate taxes; chapter 199, intangible 22 personal property taxes; chapter 201, excise tax on documents; 23 chapter 203, gross receipts taxes; chapter 211, tax on 24 severance and production of minerals; chapter 212, tax on 25 sales, use, and other transactions; chapter 220, income tax 26 code; chapter 221, emergency excise tax; s. 252.372, emergency 27 management, preparedness, and assistance surcharge; s. 28 370.07(3), Apalachicola Bay oyster surcharge; chapter 376, 29 pollutant spill prevention and control; s. 403.718, waste tire 30 fees; s. 403.7185, lead-acid battery fees; s. 538.09, 31 registration of secondhand dealers; s. 538.25, registration of 72 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 secondary metals recyclers; ss. 624.501 and 624.509-624.515, 2 insurance code; s. 681.117, motor vehicle warranty 3 enforcement; and s. 896.102, reports of financial transactions 4 in trade or business. The provisions of this section, except 5 paragraph (7)(f), also apply to chapter 443 while the 6 department is performing tax collection services for the 7 Agency for Workforce Innovation pursuant to chapter 2000-165, 8 Laws of Florida; however, the exceptions to confidentiality 9 contained in ss. 443.171(7) and 443.1715 remain in full force 10 and effect. 11 Section 28. Effective July 1, 2001, notwithstanding 12 section 10 of chapter 90-110, Laws of Florida, subsection (3) 13 of section 215.20, Florida Statutes, shall not expire on 14 October 1, 2001, as scheduled by that law, but subsection (3) 15 of section 215.20, Florida Statutes, is revived and readopted. 16 Section 29. Effective upon becoming a law, and 17 applying retroactively to June 1, 2001, if this act does not 18 become a law by that date, section 4 of chapter 96-395, Laws 19 of Florida, is repealed. 20 Section 30. 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 (g) "Lease," "let," or "rental" also means the leasing 73 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 or rental of tangible personal property and the possession or 2 use thereof by the lessee or rentee for a consideration, 3 without transfer of the title of such property, except as 4 expressly provided to the contrary herein. The term "lease," 5 "let," or "rental" does not mean hourly, daily, or mileage 6 charges, to the extent that such charges are subject to the 7 jurisdiction of the Surface Transportation Board United States 8 Interstate Commerce Commission, when such charges are paid by 9 reason of the presence of railroad cars owned by another on 10 the tracks of the taxpayer, or charges made pursuant to car 11 service agreements. The terms "lease," "let," "rental," or 12 "license" do not include payments by a regional transmission 13 organization operating under the jurisdiction of the Federal 14 Energy Regulatory Commission which are made to an electric 15 utility in connection with the regional transmission 16 organization's use or control of the utility's high-voltage 17 bulk transmission facilities. However, where two taxpayers, in 18 connection with the interchange of facilities, rent or lease 19 property, each to the other, for use in providing or 20 furnishing any of the services mentioned in s. 166.231, the 21 term "lease or rental" means only the net amount of rental 22 involved. 23 Section 31. Paragraph (a) of subsection (1) of section 24 212.031, Florida Statutes, is amended to read: 25 212.031 Lease or rental of or license in real 26 property.-- 27 (1) 28 (a) It is declared to be the legislative intent that 29 every person is exercising a taxable privilege who engages in 30 the business of renting, leasing, letting, or granting a 31 license for the use of any real property unless such property 74 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 is: 2 1. Assessed as agricultural property under s. 193.461. 3 2. Used exclusively as dwelling units. 4 3. Property subject to tax on parking, docking, or 5 storage spaces under s. 212.03(6). 6 4. Recreational property or the common elements of a 7 condominium when subject to a lease between the developer or 8 owner thereof and the condominium association in its own right 9 or as agent for the owners of individual condominium units or 10 the owners of individual condominium units. However, only the 11 lease payments on such property shall be exempt from the tax 12 imposed by this chapter, and any other use made by the owner 13 or the condominium association shall be fully taxable under 14 this chapter. 15 5. A public or private street or right-of-way and 16 poles, conduits, fixtures, and similar improvements located on 17 such streets or rights-of-way, occupied or used by a utility 18 or franchised cable television company for utility or 19 communications or television purposes. For purposes of this 20 subparagraph, the term "utility" means any person providing 21 utility services as defined in s. 203.012 and includes a 22 regional transmission organization operating under the 23 jurisdiction of the Federal Energy Regulatory Commission. This 24 exception also applies to property, wherever located, on which 25 the following are placed: towers, antennas, cables, accessory 26 structures, or equipment, not including switching equipment, 27 used in the provision of mobile communications services as 28 defined in s. 202.11. For purposes of this chapter, towers 29 used in the provision of mobile communications services, as 30 defined in s. 202.11, are considered to be fixtures. 31 6. A public street or road which is used for 75 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 transportation purposes. 2 7. Property used at an airport exclusively for the 3 purpose of aircraft landing or aircraft taxiing or property 4 used by an airline for the purpose of loading or unloading 5 passengers or property onto or from aircraft or for fueling 6 aircraft. 7 8.a. Property used at a port authority, as defined in 8 s. 315.02(2), exclusively for the purpose of oceangoing 9 vessels or tugs docking, or such vessels mooring on property 10 used by a port authority for the purpose of loading or 11 unloading passengers or cargo onto or from such a vessel, or 12 property used at a port authority for fueling such vessels, or 13 to the extent that the amount paid for the use of any property 14 at the port is based on the charge for the amount of tonnage 15 actually imported or exported through the port by a tenant. 16 b. The amount charged for the use of any property at 17 the port in excess of the amount charged for tonnage actually 18 imported or exported shall remain subject to tax except as 19 provided in sub-subparagraph a. 20 9. Property used as an integral part of the 21 performance of qualified production services. As used in this 22 subparagraph, the term "qualified production services" means 23 any activity or service performed directly in connection with 24 the production of a qualified motion picture, as defined in s. 25 212.06(1)(b), and includes: 26 a. Photography, sound and recording, casting, location 27 managing and scouting, shooting, creation of special and 28 optical effects, animation, adaptation (language, media, 29 electronic, or otherwise), technological modifications, 30 computer graphics, set and stage support (such as 31 electricians, lighting designers and operators, greensmen, 76 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 prop managers and assistants, and grips), wardrobe (design, 2 preparation, and management), hair and makeup (design, 3 production, and application), performing (such as acting, 4 dancing, and playing), designing and executing stunts, 5 coaching, consulting, writing, scoring, composing, 6 choreographing, script supervising, directing, producing, 7 transmitting dailies, dubbing, mixing, editing, cutting, 8 looping, printing, processing, duplicating, storing, and 9 distributing; 10 b. The design, planning, engineering, construction, 11 alteration, repair, and maintenance of real or personal 12 property including stages, sets, props, models, paintings, and 13 facilities principally required for the performance of those 14 services listed in sub-subparagraph a.; and 15 c. Property management services directly related to 16 property used in connection with the services described in 17 sub-subparagraphs a. and b. 18 19 This exemption will inure to the taxpayer upon presentation of 20 the certificate of exemption issued to the taxpayer under the 21 provisions of s. 288.1258. 22 10. Leased, subleased, licensed, or rented to a person 23 providing food and drink concessionaire services within the 24 premises of a convention hall, exhibition hall, auditorium, 25 stadium, theater, arena, civic center, performing arts center, 26 publicly owned recreational facility, or any business operated 27 under a permit issued pursuant to chapter 550. A person 28 providing retail concessionaire services involving the sale of 29 food and drink or other tangible personal property within the 30 premises of an airport shall be subject to tax on the rental 31 of real property used for that purpose, but shall not be 77 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 subject to the tax on any license to use the property. For 2 purposes of this subparagraph, the term "sale" shall not 3 include the leasing of tangible personal property. 4 11. Property occupied pursuant to an instrument 5 calling for payments which the department has declared, in a 6 Technical Assistance Advisement issued on or before March 15, 7 1993, to be nontaxable pursuant to rule 12A-1.070(19)(c), 8 Florida Administrative Code; provided that this subparagraph 9 shall only apply to property occupied by the same person 10 before and after the execution of the subject instrument and 11 only to those payments made pursuant to such instrument, 12 exclusive of renewals and extensions thereof occurring after 13 March 15, 1993. 14 12. Rented, leased, subleased, or licensed to a 15 concessionaire by a convention hall, exhibition hall, 16 auditorium, stadium, theater, arena, civic center, performing 17 arts center, or publicly owned recreational facility, during 18 an event at the facility, to be used by the concessionaire to 19 sell souvenirs, novelties, or other event-related products. 20 This subparagraph applies only to that portion of the rental, 21 lease, or license payment which is based on a percentage of 22 sales and not based on a fixed price. 23 13. Property used or occupied predominantly for space 24 flight business purposes. As used in this subparagraph, "space 25 flight business" means the manufacturing, processing, or 26 assembly of a space facility, space propulsion system, space 27 vehicle, satellite, or station of any kind possessing the 28 capacity for space flight, as defined by s. 212.02(23), or 29 components thereof, and also means the following activities 30 supporting space flight: vehicle launch activities, flight 31 operations, ground control or ground support, and all 78 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 administrative activities directly related thereto. Property 2 shall be deemed to be used or occupied predominantly for space 3 flight business purposes if more than 50 percent of the 4 property, or improvements thereon, is used for one or more 5 space flight business purposes. Possession by a landlord, 6 lessor, or licensor of a signed written statement from the 7 tenant, lessee, or licensee claiming the exemption shall 8 relieve the landlord, lessor, or licensor from the 9 responsibility of collecting the tax, and the department shall 10 look solely to the tenant, lessee, or licensee for recovery of 11 such tax if it determines that the exemption was not 12 applicable. 13 Section 32. Effective July 1, 2003, paragraph (a) of 14 subsection (1) of section 212.031, Florida Statutes, as 15 amended by section 3 of chapter 2000-345, Laws of Florida, is 16 amended to read: 17 212.031 Lease or rental of or license in real 18 property.-- 19 (1)(a) It is declared to be the legislative intent 20 that every person is exercising a taxable privilege who 21 engages in the business of renting, leasing, letting, or 22 granting a license for the use of any real property unless 23 such property is: 24 1. Assessed as agricultural property under s. 193.461. 25 2. Used exclusively as dwelling units. 26 3. Property subject to tax on parking, docking, or 27 storage spaces under s. 212.03(6). 28 4. Recreational property or the common elements of a 29 condominium when subject to a lease between the developer or 30 owner thereof and the condominium association in its own right 31 or as agent for the owners of individual condominium units or 79 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 the owners of individual condominium units. However, only the 2 lease payments on such property shall be exempt from the tax 3 imposed by this chapter, and any other use made by the owner 4 or the condominium association shall be fully taxable under 5 this chapter. 6 5. A public or private street or right-of-way and 7 poles, conduits, fixtures, and similar improvements located on 8 such streets or rights-of-way, occupied or used by a utility 9 or franchised cable television company for utility or 10 communications or television purposes. For purposes of this 11 subparagraph, the term "utility" means any person providing 12 utility services as defined in s. 203.012 and includes a 13 regional transmission organization operating under the 14 jurisdiction of the Federal Energy Regulatory Commission. This 15 exception also applies to property, wherever located, on which 16 the following are placed: towers, antennas, cables, accessory 17 structures, or equipment, not including switching equipment, 18 used in the provision of mobile communications services as 19 defined in s. 202.11. For purposes of this chapter, towers 20 used in the provision of mobile communications services, as 21 defined in s. 202.11, are considered to be fixtures. 22 6. A public street or road which is used for 23 transportation purposes. 24 7. Property used at an airport exclusively for the 25 purpose of aircraft landing or aircraft taxiing or property 26 used by an airline for the purpose of loading or unloading 27 passengers or property onto or from aircraft or for fueling 28 aircraft. 29 8.a. Property used at a port authority, as defined in 30 s. 315.02(2), exclusively for the purpose of oceangoing 31 vessels or tugs docking, or such vessels mooring on property 80 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 used by a port authority for the purpose of loading or 2 unloading passengers or cargo onto or from such a vessel, or 3 property used at a port authority for fueling such vessels, or 4 to the extent that the amount paid for the use of any property 5 at the port is based on the charge for the amount of tonnage 6 actually imported or exported through the port by a tenant. 7 b. The amount charged for the use of any property at 8 the port in excess of the amount charged for tonnage actually 9 imported or exported shall remain subject to tax except as 10 provided in sub-subparagraph a. 11 9. Property used as an integral part of the 12 performance of qualified production services. As used in this 13 subparagraph, the term "qualified production services" means 14 any activity or service performed directly in connection with 15 the production of a qualified motion picture, as defined in s. 16 212.06(1)(b), and includes: 17 a. Photography, sound and recording, casting, location 18 managing and scouting, shooting, creation of special and 19 optical effects, animation, adaptation (language, media, 20 electronic, or otherwise), technological modifications, 21 computer graphics, set and stage support (such as 22 electricians, lighting designers and operators, greensmen, 23 prop managers and assistants, and grips), wardrobe (design, 24 preparation, and management), hair and makeup (design, 25 production, and application), performing (such as acting, 26 dancing, and playing), designing and executing stunts, 27 coaching, consulting, writing, scoring, composing, 28 choreographing, script supervising, directing, producing, 29 transmitting dailies, dubbing, mixing, editing, cutting, 30 looping, printing, processing, duplicating, storing, and 31 distributing; 81 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 b. The design, planning, engineering, construction, 2 alteration, repair, and maintenance of real or personal 3 property including stages, sets, props, models, paintings, and 4 facilities principally required for the performance of those 5 services listed in sub-subparagraph a.; and 6 c. Property management services directly related to 7 property used in connection with the services described in 8 sub-subparagraphs a. and b. 9 10 This exemption will inure to the taxpayer upon presentation of 11 the certificate of exemption issued to the taxpayer under the 12 provisions of s. 288.1258. 13 14 10. Leased, subleased, licensed, or rented to a person 15 providing food and drink concessionaire services within the 16 premises of a convention hall, exhibition hall, auditorium, 17 stadium, theater, arena, civic center, performing arts center, 18 publicly owned recreational facility, or any business operated 19 under a permit issued pursuant to chapter 550. A person 20 providing retail concessionaire services involving the sale of 21 food and drink or other tangible personal property within the 22 premises of an airport shall be subject to tax on the rental 23 of real property used for that purpose, but shall not be 24 subject to the tax on any license to use the property. For 25 purposes of this subparagraph, the term "sale" shall not 26 include the leasing of tangible personal property. 27 11. Property occupied pursuant to an instrument 28 calling for payments which the department has declared, in a 29 Technical Assistance Advisement issued on or before March 15, 30 1993, to be nontaxable pursuant to rule 12A-1.070(19)(c), 31 Florida Administrative Code; provided that this subparagraph 82 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 shall only apply to property occupied by the same person 2 before and after the execution of the subject instrument and 3 only to those payments made pursuant to such instrument, 4 exclusive of renewals and extensions thereof occurring after 5 March 15, 1993. 6 12. Property used or occupied predominantly for space 7 flight business purposes. As used in this subparagraph, "space 8 flight business" means the manufacturing, processing, or 9 assembly of a space facility, space propulsion system, space 10 vehicle, satellite, or station of any kind possessing the 11 capacity for space flight, as defined by s. 212.02(23), or 12 components thereof, and also means the following activities 13 supporting space flight: vehicle launch activities, flight 14 operations, ground control or ground support, and all 15 administrative activities directly related thereto. Property 16 shall be deemed to be used or occupied predominantly for space 17 flight business purposes if more than 50 percent of the 18 property, or improvements thereon, is used for one or more 19 space flight business purposes. Possession by a landlord, 20 lessor, or licensor of a signed written statement from the 21 tenant, lessee, or licensee claiming the exemption shall 22 relieve the landlord, lessor, or licensor from the 23 responsibility of collecting the tax, and the department shall 24 look solely to the tenant, lessee, or licensee for recovery of 25 such tax if it determines that the exemption was not 26 applicable. 27 Section 33. Subsection (1) and paragraph (a) of 28 subsection (2) of section 201.08, Florida Statutes, are 29 amended to read: 30 201.08 Tax on promissory or nonnegotiable notes, 31 written obligations to pay money, or assignments of wages or 83 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 other compensation; exception.-- 2 (1)(a) On promissory notes, nonnegotiable notes, 3 written obligations to pay money, or assignments of salaries, 4 wages, or other compensation made, executed, delivered, sold, 5 transferred, or assigned in the state, and for each renewal of 6 the same, the tax shall be 35 cents on each $100 or fraction 7 thereof of the indebtedness or obligation evidenced thereby. 8 The tax on any document described in this paragraph shall not 9 exceed $2,450. 10 (b) On mortgages, trust deeds, security agreements, or 11 other evidences of indebtedness filed or recorded in this 12 state, and for each renewal of the same, the tax shall be 35 13 cents on each $100 or fraction thereof of the indebtedness or 14 obligation evidenced thereby. Mortgages, including, but not 15 limited to, mortgages executed without the state and recorded 16 in the state, which incorporate the certificate of 17 indebtedness, not otherwise shown in separate instruments, are 18 subject to the same tax at the same rate. When there is both 19 a mortgage, trust deed, or security agreement and a note, 20 certificate of indebtedness, or obligation, the tax shall be 21 paid on the mortgage, trust deed, or security agreement at the 22 time of recordation. A notation shall be made on the note, 23 certificate of indebtedness, or obligation that the tax has 24 been paid on the mortgage, trust deed, or security agreement. 25 If the mortgage, trust deed, security agreement, or other 26 evidence of indebtedness subject to the tax levied by this 27 section secures future advances, as provided in s. 697.04, the 28 tax shall be paid at the time of recordation on the initial 29 debt or obligation secured, excluding future advances; at the 30 time and so often as any future advance is made, the tax shall 31 be paid on all sums then advanced regardless of where such 84 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 advance is made. Notwithstanding the aforestated general rule, 2 any increase in the amount of original indebtedness caused by 3 interest accruing under an adjustable rate note or mortgage 4 having an initial interest rate adjustment interval of not 5 less than 6 months shall be taxable as a future advance only 6 to the extent such increase is a computable sum certain when 7 the document is executed. Failure to pay the tax shall not 8 affect the lien for any such future advance given by s. 9 697.04, but any person who fails or refuses to pay such tax 10 due by him or her is guilty of a misdemeanor of the first 11 degree. The mortgage, trust deed, or other instrument shall 12 not be enforceable in any court of this state as to any such 13 advance unless and until the tax due thereon upon each advance 14 that may have been made thereunder has been paid. 15 (2)(a) On promissory notes, nonnegotiable notes, 16 written obligations to pay money, or other compensation, made, 17 executed, delivered, sold, transferred, or assigned in the 18 state, in connection with sales made under retail charge 19 account services, incident to sales which are not conditional 20 in character and which are not secured by mortgage or other 21 pledge of purchaser, the tax shall be 35 cents on each $100 or 22 fraction thereof of the gross amount of the indebtedness 23 evidenced by such instruments, payable quarterly on such forms 24 and under such rules and regulations as may be promulgated by 25 the Department of Revenue. The tax on any document described 26 in this paragraph shall not exceed $2,450. 27 Section 34. Effective upon this act becoming a law and 28 applying retroactively to December 21, 2000, section 443.1315, 29 Florida Statutes, is created to read: 30 443.1315 Treatment of Indian tribes.-- 31 (1) As used in this section, the term: 85 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 (a) "Employer" includes any Indian tribe for which 2 service in employment as defined by this chapter is performed. 3 (b) "Employment" includes service performed in the 4 employ of an Indian tribe, as defined by s. 3306(u) of the 5 Federal Unemployment Tax Act, provided such service is 6 excluded from "employment," as defined by that act, solely by 7 reason of s. 3306(c)(7) of said act and is not otherwise 8 excluded from "employment" under this chapter. For purposes of 9 this section, the exclusions from employment under s. 10 443.036(21)(d) shall be applicable to services performed in 11 the employ of an Indian tribe. 12 (2) Benefits based on service in employment, as 13 defined by this section, shall be payable in the same amount, 14 on the same terms, and subject to the same conditions as 15 benefits payable on the basis of other service subject to this 16 chapter. 17 (3)(a) Indian tribes or tribal units, including 18 subdivisions, subsidiaries, or business enterprises wholly 19 owned by such Indian tribes, subject to this chapter shall pay 20 contributions under the same terms and conditions as all other 21 subject employers, unless they elect to pay into the 22 Unemployment Compensation Trust Fund amounts equal to the 23 amount of benefits attributable to service in the employ of 24 the Indian tribe. 25 (b) Indian tribes electing to make payments in lieu of 26 contributions must make such election in the same manner and 27 under the same conditions as provided by s. 443.131 for state 28 and local governments and nonprofit organizations subject to 29 this chapter. Indian tribes shall determine if reimbursement 30 for benefits paid will be elected by the tribe as a whole, by 31 individual tribal units, or by combinations of individual 86 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 tribal units. 2 (c) Indian tribes or tribal units shall be billed for 3 the full amount of benefits attributable to service in the 4 employ of the Indian tribe or tribal unit on the same schedule 5 as other employing units that have elected to make payments in 6 lieu of contributions. 7 (d) At the discretion of the director of the Agency 8 for Workforce Innovation or his or her designee, any Indian 9 tribe or tribal unit that elects to become liable for payments 10 in lieu of contributions shall be required, within 90 days 11 after the effective date of its election, to: 12 1. Execute and file with the director or his or her 13 designee a surety bond approved by the director or his or her 14 designee; or 15 2. Deposit with the director or his or her designee 16 money or securities on the same basis as other employers with 17 the same election option. 18 (4)(a)1. Failure of the Indian tribe or tribal unit to 19 make required payments, including assessments of interest and 20 penalty, within 90 days after receipt of the bill, will cause 21 the Indian tribe to lose the option to make payments in lieu 22 of contributions, as described in subsection (3), for the 23 following tax year, unless payment in full is received before 24 contribution rates for the next tax year are computed. 25 2. Any Indian tribe that loses the option to make 26 payments in lieu of contributions due to late payment or 27 nonpayment, as described in subparagraph 1., shall have such 28 option reinstated if, after a period of 1 year, all 29 contributions have been made timely, provided no 30 contributions, payments in lieu of contributions for benefits 31 paid, penalties, or interest remain outstanding. 87 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 (b)1. Failure of the Indian tribe or any tribal unit 2 thereof to make required payments, including assessments of 3 interest and penalty, after all collection activities deemed 4 necessary by the director of the Agency for Workforce 5 Innovation or his or her designee have been exhausted, will 6 cause services performed for such tribe to not be treated as 7 "employment" for purposes of paragraph (1)(b). 8 2. The director or his or her designee may determine 9 that any Indian tribe that loses coverage under subparagraph 10 1. may have services performed for such tribe again included 11 as "employment" for purposes of paragraph (1)(b) if all 12 contributions, payments in lieu of contributions, penalties, 13 and interest have been paid. 14 (c) If an Indian tribe fails to make payments required 15 under this section, including assessments of interest and 16 penalty, within 90 days after a final notice of delinquency, 17 the director of the Agency for Workforce Innovation shall 18 immediately notify the United States Internal Revenue Service 19 and the United States Department of Labor. 20 (5) Notices of payment and reporting delinquency to 21 Indian tribes or their tribal units shall include information 22 that failure to make full payment within the prescribed 23 timeframe: 24 (a) Will cause the Indian tribe to be liable for taxes 25 under the Federal Unemployment Tax Act. 26 (b) Will cause the Indian tribe to lose the option to 27 make payments in lieu of contributions. 28 (c) Could cause the Indian tribe to be excepted from 29 the definition of "employer," as provided in paragraph (1)(a), 30 and services in the employ of the Indian tribe, as provided in 31 paragraph (1)(b), to be excepted from "employment." 88 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 (6) Extended benefits paid that are attributable to 2 service in the employ of an Indian tribe and not reimbursed by 3 the Federal Government shall be financed in their entirety by 4 such Indian tribe. 5 (7) The Agency for Workforce Innovation is authorized 6 to adopt any rules it deems necessary to implement this 7 section. 8 Section 35. Paragraph (e) of subsection (3) of section 9 443.131, Florida Statutes, is amended to read: 10 443.131 Contributions.-- 11 (3) CONTRIBUTION RATES BASED ON BENEFIT EXPERIENCE.-- 12 (e)1. Variations from the standard rate of 13 contributions shall be assigned with respect to each calendar 14 year to employers eligible therefor. In determining the 15 contribution rate, varying from the standard rate to be 16 assigned each employer, adjustment factors provided for in 17 sub-subparagraphs a.-c. will be added to the benefit ratio. 18 This addition will be accomplished in two steps by adding a 19 variable adjustment factor and a final adjustment factor as 20 defined below. The sum of these adjustment factors provided 21 for in sub-subparagraphs a.-c. will first be algebraically 22 summed. The sum of these adjustment factors will then be 23 divided by a gross benefit ratio to be determined as follows: 24 Total benefit payments for the previous 3 years, as defined in 25 subparagraph (b)1., charged to employers eligible to be 26 assigned a contribution rate different from the standard rate 27 minus excess payments for the same period divided by taxable 28 payroll entering into the computation of individual benefit 29 ratios for the calendar year for which the contribution rate 30 is being computed. The ratio of the sum of the adjustment 31 factors provided for in sub-subparagraphs a.-c. to the gross 89 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 benefit ratio will be multiplied by each individual benefit 2 ratio below the maximum tax rate to obtain variable adjustment 3 factors; except that in any instance in which the sum of an 4 employer's individual benefit ratio and variable adjustment 5 factor exceeds the maximum tax rate, the variable adjustment 6 factor will be reduced so that the sum equals the maximum tax 7 rate. The variable adjustment factor of each such employer 8 will be multiplied by his or her taxable payroll entering into 9 the computation of his or her benefit ratio. The sum of these 10 products will be divided by the taxable payroll of such 11 employers that entered into the computation of their benefit 12 ratios. The resulting ratio will be subtracted from the sum of 13 the adjustment factors provided for in sub-subparagraphs a.-c. 14 to obtain the final adjustment factor. The variable adjustment 15 factors and the final adjustment factor will be computed to 16 five decimal places and rounded to the fourth decimal place. 17 This final adjustment factor will be added to the variable 18 adjustment factor and benefit ratio of each employer to obtain 19 each employer's contribution rate; however, at no time shall 20 an employer's contribution rate be rounded to less than 0.1 21 percent. 22 a. An adjustment factor for noncharge benefits will be 23 computed to the fifth decimal place, and rounded to the fourth 24 decimal place, by dividing the amount of benefit payments 25 noncharged in the 3 preceding years as defined in subparagraph 26 (b)1. by the taxable payroll of employers eligible to be 27 considered for assignment of a contribution rate different 28 from the standard rate that have a benefit ratio for the 29 current year less than the maximum contribution rate. The 30 taxable payroll of such employers will be the taxable payrolls 31 for the 3 years ending June 30 of the current calendar year 90 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 that had been reported to the division by September 30 of the 2 same calendar year. Noncharge benefits for the purpose of this 3 section shall be defined as benefit payments to an individual 4 which were paid from the Unemployment Compensation Trust Fund 5 but which were not charged to the unemployment record of any 6 employer. 7 b. An excess payments adjustment factor will be 8 computed to the fifth decimal place, and rounded to the fourth 9 decimal place, by dividing the total excess payments during 10 the 3 preceding years as defined in subparagraph (b)1. by the 11 taxable payroll of employers eligible to be considered for 12 assignment of a contribution rate different from the standard 13 rate that have a benefit ratio for the current year less than 14 the maximum contribution rate. The taxable payroll of such 15 employers will be the same as used in computing the noncharge 16 adjustment factor as described in sub-subparagraph a. The term 17 "excess payments" for the purpose of this section is defined 18 as the amount of benefit payments charged to the employment 19 record of an employer during the 3 preceding years, as defined 20 in subparagraph (b)1., less the product of the maximum 21 contribution rate and his or her taxable payroll for the 3 22 years ending June 30 of the current calendar year that had 23 been reported to the division by September 30 of the same 24 calendar year. The term "total excess payments" is defined as 25 the sum of the individual employer excess payments for those 26 employers that were eligible to be considered for assignment 27 of a contribution rate different from the standard rate. 28 c. If the balance in the Unemployment Compensation 29 Trust Fund as of June 30 of the calendar year immediately 30 preceding the calendar year for which the contribution rate is 31 being computed is less than 3.7 4 percent of the taxable 91 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 payrolls for the year ending June 30 as reported to the 2 division by September 30 of that calendar year, a positive 3 adjustment factor will be computed. Such adjustment factor 4 shall be computed annually to the fifth decimal place, and 5 rounded to the fourth decimal place, by dividing the sum of 6 the total taxable payrolls for the year ending June 30 of the 7 current calendar year as reported to the division by September 8 30 of such calendar year into a sum equal to one-fourth of the 9 difference between the amount in the fund as of June 30 of 10 such calendar year and the sum of 4.7 5 percent of the total 11 taxable payrolls for that year. Such adjustment factor will 12 remain in effect in subsequent years until a balance in the 13 Unemployment Compensation Trust Fund as of June 30 of the year 14 immediately preceding the effective date of such contribution 15 rate equals or exceeds 3.7 4 percent of the taxable payrolls 16 for the year ending June 30 of the current calendar year as 17 reported to the division by September 30 of that calendar 18 year. If the balance in the Unemployment Compensation Trust 19 Fund as of June 30 of the year immediately preceding the 20 calendar year for which the contribution rate is being 21 computed exceeds 4.7 5 percent of the taxable payrolls for the 22 year ending June 30 of the current calendar year as reported 23 to the division by September 30 of that calendar year, a 24 negative adjustment factor will be computed. Such adjustment 25 factor shall be computed annually to the fifth decimal place, 26 and rounded to the fourth decimal place, by dividing the sum 27 of the total taxable payrolls for the year ending June 30 of 28 the current calendar year as reported to the division by 29 September 30 of such calendar year into a sum equal to 30 one-fourth of the difference between the amount in the fund as 31 of June 30 of the current calendar year and 4.7 5 percent of 92 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 the total taxable payrolls of such year. Such adjustment 2 factor will remain in effect in subsequent years until the 3 balance in the Unemployment Compensation Trust Fund as of June 4 30 of the year immediately preceding the effective date of 5 such contribution rate is less than 4.7 5 percent but more 6 than 3.7 4 percent of the taxable payrolls for the year ending 7 June 30 of the current calendar year as reported to the 8 division by September 30 of that calendar year. 9 d. The maximum contribution rate that can be assigned 10 to any employer shall be 5.4 percent, except those employers 11 participating in an approved short-time compensation plan in 12 which case the maximum shall be 1 percent above the current 13 maximum contribution rate, with respect to any calendar year 14 in which short-time compensation benefits are in the 15 employer's employment record. 16 2. In the event of the transfer of employment records 17 to an employing unit pursuant to paragraph (g) which, prior to 18 such transfer, was an employer, the division shall recompute a 19 benefit ratio for the successor employer on the basis of the 20 combined employment records and reassign an appropriate 21 contribution rate to such successor employer as of the 22 beginning of the calendar quarter immediately following the 23 effective date of such transfer of employment records. 24 Section 36. Subsection (1) of section 561.501, Florida 25 Statutes, is amended to read: 26 561.501 Surcharge on sale of alcoholic beverages for 27 consumption on the premises; penalty.-- 28 (1) Notwithstanding s. 561.50 or any other provision 29 of the Beverage Law, a surcharge of 3.34 cents is imposed upon 30 each ounce of liquor and each 4 ounces of wine, a surcharge of 31 2 cents is imposed on each 12 ounces of cider, and a surcharge 93 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 of 1.34 cents is imposed on each 12 ounces of beer sold at 2 retail for consumption on premises licensed by the division as 3 an alcoholic beverage vendor. However, the surcharges imposed 4 under this subsection need not be paid upon such beverages 5 when they are sold by a nonprofit an organization that is 6 licensed by the division under s. 561.422 or s. 565.02(4) as 7 an alcoholic beverage vendor and that is determined by the 8 Internal Revenue Service to be currently exempt from federal 9 income tax under s. 501(c)(2), (3), (4), (5), (6), (7), (8), 10 (10), or (19) of the Internal Revenue Code of 1986, as 11 amended. 12 Section 37. Subsections (8) and (9) are added to 13 section 201.02, Florida Statutes, to read: 14 201.02 Tax on deeds and other instruments relating to 15 real property or interests in real property.-- 16 (8) Taxes imposed by this section do not apply to a 17 contract to sell the residence of an employee relocating at 18 his or her employer's direction or documents related to the 19 contract, which contract is between the employee and the 20 employer or between the employee and a person in the business 21 of providing employee relocation services. Taxes on such 22 transactions apply only to the transfer of the real property 23 comprising the residence by deed that names the grantee. 24 (9) Taxes imposed by this section shall not apply to 25 deeds, instruments, or writings whereby any lands, tenements, 26 or other real property, or any interest therein, is granted, 27 assigned, transferred, or otherwise conveyed from an electric 28 utility to a regional transmission organization under the 29 jurisdiction of the Federal Energy Regulatory Commission. 30 Section 38. Paragraphs (b) and (c) of subsection (1) 31 of section 206.9825, Florida Statutes, are amended to read: 94 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 206.9825 Aviation fuel tax.-- 2 (1) 3 (b) Any licensed wholesaler or terminal supplier that 4 delivers aviation fuel to an air carrier offering 5 transcontinental jet service and that, after January 1, 1996, 6 increases the air carrier's Florida workforce by more than 7 1000 percent and by 250 or more full-time equivalent employee 8 positions, may receive a credit or refund as the ultimate 9 vendor of the aviation fuel for the 6.9 cents excise tax 10 previously paid, provided that the air carrier has no facility 11 for fueling highway vehicles from the tank in which the 12 aviation fuel is stored. In calculating the new or additional 13 Florida full-time equivalent employee positions, any full-time 14 equivalent employee positions of parent or subsidiary 15 corporations which existed before January 1, 1996, shall not 16 be counted toward reaching the Florida employment increase 17 thresholds. The refund allowed under this paragraph is in 18 furtherance of the goals and policies of the State 19 Comprehensive Plan set forth in s. 187.201(17)(a), (b)1., 2., 20 (18)(a), (b)1., 4., (20)(a), (b)5., (22)(a), (b)1., 2., 4., 21 7., 9., and 12. This paragraph will expire on July 1, 2001. 22 (c) If, before July 1, 2001, the number of full-time 23 equivalent employee positions created or added to the air 24 carrier's Florida workforce falls below 250, the exemption 25 granted pursuant to this section shall not apply during the 26 period in which the air carrier has fewer than the 250 27 additional employees. 28 Section 39. Except as otherwise expressly provided in 29 this act, this act shall take effect upon becoming a law. 30 31 95 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 97, line 15, through 4 Page 102, line 28, of the amendment 5 remove: all of said lines 6 7 and insert in lieu thereof: 8 An act relating to tax administration; repealing s. 9 212.084(6), F.S.; eliminating provisions for temporary 10 exemption certificates; repealing s. 212.08(7)(ccc), F.S.; 11 eliminating the specific sales tax exemption for organizations 12 providing crime prevention, drunk-driving prevention, and 13 juvenile-delinquency-prevention services; amending s. 212.08, 14 F.S.; revising the application of the sales tax exemption for 15 the sale of drinking water in bottles or other containers; 16 reinstating retroactively the sales tax exemption for 17 parent-teacher organizations and parent-teacher associations; 18 eliminating obsolete provisions; requiring a purchaser to file 19 an affidavit stating the exempt nature of a purchase with the 20 selling vendor instead of the Department of Revenue; providing 21 for retroactive application; replacing the definition of the 22 term "section 38 property" with an express definition of the 23 terms "industrial machinery and equipment" and "motion picture 24 and video equipment"; providing intent and purpose; imposing 25 certain requirements, for purposes of taxation, on the removal 26 of a motor vehicle from this state; providing residency 27 requirements of corporate officers, corporate stockholders, 28 and partners in a partnership relating to the taxable status 29 of sales of motor vehicles; amending s. 212.06, F.S.; 30 clarifying the definition of the term "fixtures"; eliminating 31 reference to the term "trade fixture"; amending s. 212.08, 96 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 F.S.; replacing the Interstate Commerce Commission with the 2 Surface Transportation Board as the entity that licenses 3 certain railroads as common carriers; providing that, for a 4 vessel, railroad, or motor carrier engaged in interstate or 5 foreign commerce, sales tax applies to taxable purchases in 6 this state and applies even if the vessel, railroad, or motor 7 carrier has operated for less than a fiscal year; amending s. 8 212.11, F.S.; requiring a dealer that claims certain tax 9 credits by reason of engaging in specified activities to 10 submit reports to the Department of Revenue; providing 11 requirements for such reports; authorizing the department to 12 adopt rules; providing for the disallowance of any credit not 13 supported by a report; amending s. 212.20, F.S.; providing 14 that newly incorporated municipalities meeting certain 15 criteria are eligible to receive revenue sharing pursuant to 16 s. 218.245, F.S.; amending s. 218.21, F.S.; providing a 17 formula for revenue sharing distributions made for a specified 18 fiscal year; amending s. 220.22, F.S.; eliminating the initial 19 year's information return for certain corporations; repealing 20 s. 624.509(10), F.S., which provides for an exemption from the 21 insurance premium tax for insurers who write monoline flood 22 insurance policies; repealing s. 213.27(9), F.S., which 23 authorizes the Department of Revenue to contract with certain 24 vendors to develop and implement a voluntary system for sales 25 and use tax collection and administration; creating s. 26 213.256, F.S., the Simplified Sales and Use Tax Administration 27 Act; defining terms; authorizing the department's 28 participation in the Streamlined Sales and Use Tax Agreement; 29 providing that each state that is a party to the agreement 30 must abide by certain requirements in order for the department 31 to enter into the agreement; ensuring that when this state 97 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 complies with the agreement, the agreement cannot be used to 2 challenge existing state laws and statutes; providing for the 3 collection and remittance of the sales and use tax under the 4 agreement; providing for maintenance of confidentiality of 5 certain information; providing a penalty; requiring the 6 department to make annual recommendations to the Legislature 7 concerning provisions that need to be adopted in order to 8 bring this state's system into compliance with the Streamlined 9 Sales and Use Tax Agreement; amending s. 213.285, F.S.; 10 delaying the future repeal of the certified audit project; 11 amending ss. 213.053, 213.21, F.S.; conforming repeal dates; 12 amending s. 213.30, F.S.; clarifying that the rewards program 13 is the only available means of obtaining compensation for 14 information regarding another person's failure to comply with 15 the state's tax laws; providing for application; amending s. 16 11, ch. 2000-165, Laws of Florida; clarifying which provisions 17 of ch. 213, F.S., apply to the collection of unemployment 18 contributions; amending s. 45.031, F.S.; requiring the clerk 19 of court to give notice to the Department of Revenue if there 20 is a surplus resulting from the foreclosure of an unemployment 21 compensation tax lien; amending s. 69.041, F.S.; permitting 22 the department to participate in the disbursement of 23 unemployment compensation tax lien foreclosure funds; amending 24 s. 213.053, F.S.; providing for confidentiality and 25 information sharing; abrogating the expiration of s. 26 215.20(3), F.S., relating to service charges against certain 27 trust funds, notwithstanding s. 10, ch. 90-110, Laws of 28 Florida; repealing s. 4 of ch. 96-395, Laws of Florida, which 29 provides for the repeal of exemptions provided for certain 30 citizen support organizations and the Florida Folk Festival; 31 providing for retroactive applicability; amending s. 201.02, 98 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 F.S., relating to the tax on deeds and other instruments; 2 exempting deeds and other instruments from the tax if property 3 is conveyed from an electric utility to a regional 4 transmission organization; amending s. 212.02, F.S.; excluding 5 from the definition of "lease," "let," "rental," or "license" 6 certain payments made by a regional transmission organization 7 to an electric utility; amending s. 212.031, F.S.; exempting 8 property occupied or used by certain regional transmission 9 organizations from the tax on the lease or rental of or 10 license in real property; amending s. 201.08, F.S.; providing 11 a limit on the amount of the tax on promissory or 12 nonnegotiable notes, written obligations to pay money, and 13 assignments of wages or other compensation and on certain 14 promissory or nonnegotiable notes, written obligations to pay 15 money, or other compensation made in connection with sales 16 made under retail charge account services; creating s. 17 443.1315, F.S.; providing definitions; providing for treatment 18 of Indian tribes under the Unemployment Compensation Law; 19 providing that Indian tribes or tribal units may elect to make 20 payments in lieu of contributions and providing requirements 21 with respect thereto; providing that such Indian tribe or 22 tribal unit may be required to file a bond or deposit security 23 at the discretion of the director of the Agency for Workforce 24 Innovation; providing effect of failure of such tribe or unit 25 to make required payments; providing requirements for notices; 26 providing responsibility for certain extended benefits; 27 providing for rules; providing for retroactive application; 28 amending s. 443.131, F.S.; reducing the Unemployment 29 Compensation Trust Fund balance thresholds used in computing 30 unemployment compensation contribution rate adjustment 31 factors; amending s. 561.501, F.S.; providing an exemption 99 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055
HOUSE AMENDMENT Bill No. HB 1981, 2nd Eng. Amendment No. 01 (for drafter's use only) 1 from the surcharge on alcoholic beverages for specified 2 nonprofit organizations; amending s. 201.02, F.S.; providing 3 that the documentary stamp tax on deeds and other instruments 4 relating to real property or interests in real property does 5 not apply to a contract to sell the residence of an employee 6 relocating at an employer's direction, or related documents, 7 under specified circumstances; amending s. 201.02, F.S., 8 relating to the tax on deeds and other instruments; exempting 9 deeds and other instruments from the tax if property is 10 conveyed from an electric utility to a regional transmission 11 organization; amending s. 206.9825, F.S.; removing the 12 expiration date of provisions which allow any licensed 13 wholesaler or terminal supplier that delivers aviation fuel to 14 certain air carriers to receive a credit or refund of the 15 aviation fuel tax under certain conditions; amending s. 16 212.08, F.S.; providing effective dates. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 100 File original & 9 copies 05/04/01 hft0006 02:59 pm 01981-0047-392055