House Bill hb1981
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    Florida House of Representatives - 2001                HB 1981
        By the Committee on Fiscal Policy & Resources and
    Representative Wallace
  1                      A bill to be entitled
  2         An act relating to tax administration; amending
  3         s. 45.031, F.S.; providing for notice of
  4         disbursement of the proceeds of a judicial sale
  5         to the Department of Revenue under certain
  6         conditions when it was performing unemployment
  7         compensation tax collection services pursuant
  8         to a contract with the Agency for Workforce
  9         Innovation; amending s. 69.041, F.S.;
10         authorizing the department to participate in
11         the distribution of surplus funds remaining
12         after such disbursement when it has an interest
13         in an unemployment compensation tax lien
14         pursuant to such a contract; amending s.
15         213.053, F.S.; providing application of
16         confidentiality and information sharing
17         provisions to ch. 443, F.S., while the
18         department is performing such tax collection
19         services; amending s. 11, ch. 2000-165, Laws of
20         Florida; specifying that the department is
21         administering a revenue law when it provides
22         such tax collection services and specifying the
23         provisions of ch. 213, F.S., that apply
24         thereto; amending s. 201.02, F.S.; providing
25         that the documentary stamp tax on deeds and
26         other instruments relating to real property or
27         interests in real property does not apply to a
28         contract to sell the residence of an employee
29         relocating at an employer's direction, or
30         related documents, under specified
31         circumstances; exempting deeds and other
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  1         instruments whereby property is conveyed from
  2         an electric utility to a regional transmission
  3         organization from said tax under certain
  4         circumstances; amending s. 212.02, F.S.;
  5         excluding from the definition of "lease,"
  6         "let," "rental," or "license" payments made by
  7         such an organization to an electric utility
  8         under certain conditions; amending s. 212.031,
  9         F.S.; exempting property occupied or used by
10         certain regional transmission organizations
11         from the tax on the lease or rental of or
12         license in real property; amending s. 212.06,
13         F.S.; revising the definition of "fixtures" for
14         purposes of determining if a person is
15         improving real property under ch. 212, F.S.;
16         providing intent; amending s. 212.08, F.S.;
17         specifying conditions for receipt of sales tax
18         exemptions provided to an entity under ch. 212,
19         F.S., and subsection (7) of said section;
20         providing for retroactive application; deleting
21         obsolete provisions relating to registration
22         with the WAGES Program Business Registry;
23         providing for retroactive application;
24         reinstating retroactively the sales tax
25         exemption for parent-teacher organizations and
26         parent-teacher associations; eliminating the
27         specific sales tax exemption for organizations
28         providing crime prevention, drunk driving
29         prevention, and juvenile delinquency prevention
30         services; providing for determination of a
31         mileage apportionment factor for the first year
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  1         of operation in this state of vessels,
  2         railroads, or motor vehicles engaged in
  3         interstate or foreign commerce and entitled to
  4         a partial sales tax exemption; correcting
  5         references; requiring a purchaser to file an
  6         affidavit stating the exempt nature of a
  7         purchase with the vendor instead of the
  8         department for purposes of the sales tax
  9         exemption for machinery and equipment used to
10         produce electrical or steam energy; providing
11         for retroactive application; revising the
12         application of the sales tax exemption for the
13         sale of drinking water in bottles or other
14         containers; replacing the definitions of
15         "section 38 property" with express definitions
16         of "industrial machinery and equipment" and
17         "motion picture or video equipment" and "sound
18         recording equipment" for purposes of the sales
19         tax exemptions therefor; providing intent and
20         purpose; providing that provisions authorizing
21         a partial sales tax exemption for a motor
22         vehicle sold to a resident of another state do
23         not require payment of tax to this state for
24         prior assessments under certain conditions;
25         providing for retroactive application;
26         providing that a vehicle purchased by a
27         nonresident corporation or partnership is not
28         eligible for the partial sales tax exemption
29         under certain circumstances; repealing s.
30         212.084(6), F.S.; eliminating provisions for
31         temporary sales tax exemption certificates for
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  1         newly organized charitable organizations;
  2         repealing s. 4, ch. 96-395, Laws of Florida,
  3         which provides for the repeal of sales tax
  4         exemptions for certain citizen support
  5         organizations and the Florida Folk Festival;
  6         providing for retroactive application; amending
  7         s. 213.285, F.S.; delaying the future repeal of
  8         the certified audits project; amending ss.
  9         213.053 and 213.21, F.S., to conform; amending
10         s. 213.30, F.S., relating to compensation for
11         information relating to a violation of tax
12         laws; specifying that said section is the only
13         available means of obtaining compensation for
14         information regarding another person's failure
15         to comply with the state's tax laws; providing
16         applicability; repealing s. 213.27(9), F.S.,
17         which authorizes the department to contract
18         with certain vendors to develop and implement a
19         voluntary system for sales and use tax
20         collection and administration; creating s.
21         213.256, F.S., the Simplified Sales and Use Tax
22         Administration Act; defining terms; authorizing
23         the department's participation in the
24         Streamlined Sales and Use Tax Agreement;
25         providing that the agreement must require each
26         state to abide by certain requirements in order
27         for the department to enter into the agreement;
28         authorizing the state to enter into multistate
29         discussions and providing for appointment of
30         delegates; specifying relationship of the
31         agreement to state law; specifying the effect
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  1         of the agreement with respect to persons other
  2         than member states; providing that government
  3         actions or state laws cannot be challenged on
  4         the basis of inconsistency with the agreement;
  5         providing liabilities and responsibilities of
  6         sellers, certified service providers, and
  7         providers of certified automated systems;
  8         providing for maintenance of confidentiality of
  9         certain information; providing a penalty;
10         requiring the department to make annual
11         recommendations to the Legislature regarding
12         compliance with the agreement; reviving and
13         readopting s. 215.20(3), F.S., which provides
14         for deduction of a service charge from certain
15         trust funds; amending s. 220.22, F.S.;
16         eliminating the initial year's corporate tax
17         information return for subchapter S
18         subsidiaries and directing the department to
19         designate by rule entities that are not
20         required to file a corporate tax return;
21         amending s. 443.131, F.S.; reducing the
22         Unemployment Compensation Trust Fund balance
23         thresholds used in computing unemployment
24         compensation contribution rate adjustment
25         factors; creating s. 443.1315, F.S.; providing
26         definitions; providing for treatment of Indian
27         tribes under the Unemployment Compensation Law;
28         providing that Indian tribes or tribal units
29         may elect to make payments in lieu of
30         contributions and providing requirements with
31         respect thereto; providing that such Indian
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  1         tribe or tribal unit may be required to file a
  2         bond or deposit security at the discretion of
  3         the director of the Agency for Workforce
  4         Innovation; providing effect of failure of such
  5         tribe or unit to make required payments;
  6         providing requirements for notices; providing
  7         responsibility for certain extended benefits;
  8         providing for rules; providing for retroactive
  9         application; repealing s. 624.509(10), F.S.,
10         which provides an exemption from the insurance
11         premium tax for insurers who write monoline
12         flood insurance policies not subsidized by the
13         Federal Government; providing effective dates.
14
15  Be It Enacted by the Legislature of the State of Florida:
16
17         Section 1.  Subsection (7) of section 45.031, Florida
18  Statutes, is amended to read:
19         45.031  Judicial sales procedure.--In any sale of real
20  or personal property under an order or judgment, the following
21  procedure may be followed as an alternative to any other sale
22  procedure if so ordered by the court:
23         (7)  DISBURSEMENTS OF PROCEEDS.--On filing a
24  certificate of title the clerk shall disburse the proceeds of
25  the sale in accordance with the order or final judgment, and
26  shall file a report of such disbursements and serve a copy of
27  it on each party not in default, and on the Department of
28  Revenue, if it was named as a defendant in the action or if
29  the Agency for Workforce Innovation or the Department of Labor
30  and Employment Security was named as a defendant while the
31  Department of Revenue was performing unemployment compensation
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  1  tax collection services pursuant to a contract with the Agency
  2  for Workforce Innovation, in substantially the following form:
  3
  4  (Caption of Action)
  5
  6                   CERTIFICATE OF DISBURSEMENTS
  7
  8         The undersigned clerk of the court certifies that he or
  9  she disbursed the proceeds received from the sale of the
10  property as provided in the order or final judgment to the
11  persons and in the amounts as follows:
12  Name                                                    Amount
13
14                              Total
15
16  WITNESS my hand and the seal of the court on ....,
17  ...(year)....
18                                                   ...(Clerk)...
19                                         By ...(Deputy Clerk)...
20
21  If no objections to the report are served within 10 days after
22  it is filed, the disbursements by the clerk shall stand
23  approved as reported. If timely objections to the report are
24  served, they shall be heard by the court. Service of
25  objections to the report does not affect or cloud the title of
26  the purchaser of the property in any manner.
27         Section 2.  Paragraph (a) of subsection (4) of section
28  69.041, Florida Statutes, is amended to read:
29         69.041  State named party; lien foreclosure, suit to
30  quiet title.--
31
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  1         (4)(a)  The Department of Revenue has the right to
  2  participate in the disbursement of funds remaining in the
  3  registry of the court after distribution pursuant to s.
  4  45.031(7). The department shall participate in accordance with
  5  applicable procedures in any mortgage foreclosure action in
  6  which the department has a duly filed tax warrant, or
  7  interests under a lien arising from a judgment, order, or
  8  decree for child support, or interest in an unemployment
  9  compensation tax lien pursuant to a contract with the Agency
10  for Workforce Innovation, against the subject property and
11  with the same priority, regardless of whether a default
12  against the department, the Agency for Workforce Innovation,
13  or the Department of Labor and Employment Security has been
14  entered for failure to file an answer or other responsive
15  pleading.
16         Section 3.  Subsection (1) of section 213.053, Florida
17  Statutes, is amended to read:
18         213.053  Confidentiality and information sharing.--
19         (1)  The provisions of this section apply to s.
20  125.0104, county government; s. 125.0108, tourist impact tax;
21  chapter 175, municipal firefighters' pension trust funds;
22  chapter 185, municipal police officers' retirement trust
23  funds; chapter 198, estate taxes; chapter 199, intangible
24  personal property taxes; chapter 201, excise tax on documents;
25  chapter 203, gross receipts taxes; chapter 211, tax on
26  severance and production of minerals; chapter 212, tax on
27  sales, use, and other transactions; chapter 220, income tax
28  code; chapter 221, emergency excise tax; s. 252.372, emergency
29  management, preparedness, and assistance surcharge; s.
30  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,
31  pollutant spill prevention and control; s. 403.718, waste tire
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  1  fees; s. 403.7185, lead-acid battery fees; s. 538.09,
  2  registration of secondhand dealers; s. 538.25, registration of
  3  secondary metals recyclers; ss. 624.501 and 624.509-624.515,
  4  insurance code; s. 681.117, motor vehicle warranty
  5  enforcement; and s. 896.102, reports of financial transactions
  6  in trade or business. The provisions of this section, except
  7  paragraph (7)(f), also apply to chapter 443 while the
  8  department is performing tax collection services for the
  9  Agency for Workforce Innovation pursuant to chapter 2000-165,
10  Laws of Florida; however, the exceptions to confidentiality
11  contained in ss. 443.171(7) and 443.1715 remain in full force
12  and effect.
13         Section 4.  Paragraph (f) of subsection (4) of section
14  11 of chapter 2000-165, Laws of Florida, is amended to read:
15         Section 11.
16         (4)  Effective October 1, 2000, the following programs
17  and functions are transferred to the Agency for Workforce
18  Innovation:
19         (f)  The Division of Unemployment Compensation is
20  transferred by a type two transfer, as defined in section
21  20.06(2), Florida Statutes, from the Department of Labor and
22  Employment Security to the Agency for Workforce Innovation.
23  The resources, data, records, property, and unexpended
24  balances of appropriations, allocations, and other funds
25  within the Office of the Secretary or any other division,
26  office, bureau, or unit within the Department of Labor and
27  Employment Security that support the Division of Unemployment
28  Compensation are transferred by a type two transfer, as
29  defined in section 20.06(2), Florida Statutes, from the
30  Department of Labor and Employment Security.  By January 1,
31  2001, the Agency for Workforce Innovation shall enter into a
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  1  contract with the Department of Revenue which shall provide
  2  for the Department of Revenue to provide unemployment tax
  3  collection services.  The Department of Revenue, in
  4  consultation with the Department of Labor and Employment
  5  Security, shall determine the number of positions needed to
  6  provide unemployment tax collection services within the
  7  Department of Revenue.  The number of unemployment tax
  8  collection service positions the Department of Revenue
  9  determines are needed shall not exceed the number of positions
10  that, prior to the contract, were authorized to the Department
11  of Labor and Employment Security for this purpose.  Upon
12  entering into the contract with the Agency for Workforce
13  Innovation to provide unemployment tax collection services,
14  the number of required positions, as determined by the
15  Department of Revenue, shall be authorized within the
16  Department of Revenue.  Beginning January 1, 2002, the Office
17  of Program Policy Analysis and Government Accountability shall
18  conduct a feasibility study regarding privatization of
19  unemployment tax collection services.  A report on the
20  conclusions of this study shall be submitted to the Governor,
21  the President of the Senate, and the Speaker of the House of
22  Representatives. The Department of Revenue is considered to be
23  administering a revenue law of this state when it provides
24  unemployment compensation tax collection services pursuant to
25  its contract with the Agency for Workforce Innovation. The
26  following provisions of chapter 213, Florida Statutes, apply
27  to the collection of unemployment contributions by the
28  Department of Revenue unless prohibited by federal law: ss.
29  213.018, 213.025, 213.051, 213.053, 213.055, 213.071, 213.10,
30  213.21(2), (3), (4), (5), (6), (7), and (8), 213.2201, 213.23,
31  213.24, 213.25, 213.26, 213.27, 213.28, 213.285, 213.30,
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  1  213.34, 213.37, 213.50, 213.67, 213.69, 213.73, 213.731,
  2  213.732, 213.733, 213.74, 213.755, and 213.757.
  3         Section 5.  Subsections (8) and (9) are added to
  4  section 201.02, Florida Statutes, to read:
  5         201.02  Tax on deeds and other instruments relating to
  6  real property or interests in real property.--
  7         (8)  Taxes imposed by this section do not apply to a
  8  contract to sell the residence of an employee relocating at
  9  his or her employer's direction or documents related to the
10  contract, which contract is between the employee and the
11  employer or between the employee and a person in the business
12  of providing employee relocation services. Taxes on such
13  transactions apply only to the transfer of the real property
14  comprising the residence by deed that names the grantee.
15         (9)  Taxes imposed by this section shall not apply to
16  deeds, instruments, or writings whereby any lands, tenements,
17  or other real property, or any interest therein, is granted,
18  assigned, transferred, or otherwise conveyed from an electric
19  utility to a regional transmission organization under the
20  jurisdiction of the Federal Energy Regulatory Commission.
21         Section 6.  Paragraph (g) of subsection (10) of section
22  212.02, Florida Statutes, is amended to read:
23         212.02  Definitions.--The following terms and phrases
24  when used in this chapter have the meanings ascribed to them
25  in this section, except where the context clearly indicates a
26  different meaning:
27         (10)  "Lease," "let," or "rental" means leasing or
28  renting of living quarters or sleeping or housekeeping
29  accommodations in hotels, apartment houses, roominghouses,
30  tourist or trailer camps and real property, the same being
31  defined as follows:
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  1         (g)  "Lease," "let," or "rental" also means the leasing
  2  or rental of tangible personal property and the possession or
  3  use thereof by the lessee or rentee for a consideration,
  4  without transfer of the title of such property, except as
  5  expressly provided to the contrary herein.  The term "lease,"
  6  "let," or "rental" does not mean hourly, daily, or mileage
  7  charges, to the extent that such charges are subject to the
  8  jurisdiction of the Surface Transportation Board United States
  9  Interstate Commerce Commission, when such charges are paid by
10  reason of the presence of railroad cars owned by another on
11  the tracks of the taxpayer, or charges made pursuant to car
12  service agreements. "Lease," "let," "rental," or "license"
13  does not include payments by a regional transmission
14  organization operating under the jurisdiction of the Federal
15  Energy Regulatory Commission made to an electric utility in
16  connection with the regional transmission organization's use
17  or control of the utility's high-voltage bulk transmission
18  facilities. However, where two taxpayers, in connection with
19  the interchange of facilities, rent or lease property, each to
20  the other, for use in providing or furnishing any of the
21  services mentioned in s. 166.231, the term "lease or rental"
22  means only the net amount of rental involved.
23         Section 7.  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)(a)  It is declared to be the legislative intent
28  that every person is exercising a taxable privilege who
29  engages in the business of renting, leasing, letting, or
30  granting a license for the use of any real property unless
31  such property is:
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  1         1.  Assessed as agricultural property under s. 193.461.
  2         2.  Used exclusively as dwelling units.
  3         3.  Property subject to tax on parking, docking, or
  4  storage spaces under s. 212.03(6).
  5         4.  Recreational property or the common elements of a
  6  condominium when subject to a lease between the developer or
  7  owner thereof and the condominium association in its own right
  8  or as agent for the owners of individual condominium units or
  9  the owners of individual condominium units. However, only the
10  lease payments on such property shall be exempt from the tax
11  imposed by this chapter, and any other use made by the owner
12  or the condominium association shall be fully taxable under
13  this chapter.
14         5.  A public or private street or right-of-way and
15  poles, conduits, fixtures, and similar improvements located on
16  such streets or rights-of-way, occupied or used by a utility
17  or franchised cable television company for utility or
18  communications or television purposes. For purposes of this
19  subparagraph, the term "utility" means any person providing
20  utility services as defined in s. 203.012 and includes a
21  regional transmission organization operating under the
22  jurisdiction of the Federal Energy Regulatory Commission. This
23  exception also applies to property, wherever located, on which
24  the following are placed: towers, antennas, cables, accessory
25  structures, or equipment, not including switching equipment,
26  used in the provision of mobile communications services as
27  defined in s. 202.11. For purposes of this chapter, towers
28  used in the provision of mobile communications services, as
29  defined in s. 202.11, are considered to be fixtures.
30         6.  A public street or road which is used for
31  transportation purposes.
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  1         7.  Property used at an airport exclusively for the
  2  purpose of aircraft landing or aircraft taxiing or property
  3  used by an airline for the purpose of loading or unloading
  4  passengers or property onto or from aircraft or for fueling
  5  aircraft.
  6         8.a.  Property used at a port authority, as defined in
  7  s. 315.02(2), exclusively for the purpose of oceangoing
  8  vessels or tugs docking, or such vessels mooring on property
  9  used by a port authority for the purpose of loading or
10  unloading passengers or cargo onto or from such a vessel, or
11  property used at a port authority for fueling such vessels, or
12  to the extent that the amount paid for the use of any property
13  at the port is based on the charge for the amount of tonnage
14  actually imported or exported through the port by a tenant.
15         b.  The amount charged for the use of any property at
16  the port in excess of the amount charged for tonnage actually
17  imported or exported shall remain subject to tax except as
18  provided in sub-subparagraph a.
19         9.  Property used as an integral part of the
20  performance of qualified production services.  As used in this
21  subparagraph, the term "qualified production services" means
22  any activity or service performed directly in connection with
23  the production of a qualified motion picture, as defined in s.
24  212.06(1)(b), and includes:
25         a.  Photography, sound and recording, casting, location
26  managing and scouting, shooting, creation of special and
27  optical effects, animation, adaptation (language, media,
28  electronic, or otherwise), technological modifications,
29  computer graphics, set and stage support (such as
30  electricians, lighting designers and operators, greensmen,
31  prop managers and assistants, and grips), wardrobe (design,
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  1  preparation, and management), hair and makeup (design,
  2  production, and application), performing (such as acting,
  3  dancing, and playing), designing and executing stunts,
  4  coaching, consulting, writing, scoring, composing,
  5  choreographing, script supervising, directing, producing,
  6  transmitting dailies, dubbing, mixing, editing, cutting,
  7  looping, printing, processing, duplicating, storing, and
  8  distributing;
  9         b.  The design, planning, engineering, construction,
10  alteration, repair, and maintenance of real or personal
11  property including stages, sets, props, models, paintings, and
12  facilities principally required for the performance of those
13  services listed in sub-subparagraph a.; and
14         c.  Property management services directly related to
15  property used in connection with the services described in
16  sub-subparagraphs a. and b.
17
18  This exemption will inure to the taxpayer upon presentation of
19  the certificate of exemption issued to the taxpayer under the
20  provisions of s. 288.1258.
21         10.  Leased, subleased, licensed, or rented to a person
22  providing food and drink concessionaire services within the
23  premises of a convention hall, exhibition hall, auditorium,
24  stadium, theater, arena, civic center, performing arts center,
25  publicly owned recreational facility, or any business operated
26  under a permit issued pursuant to chapter 550.  A person
27  providing retail concessionaire services involving the sale of
28  food and drink or other tangible personal property within the
29  premises of an airport shall be subject to tax on the rental
30  of real property used for that purpose, but shall not be
31  subject to the tax on any license to use the property.  For
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  1  purposes of this subparagraph, the term "sale" shall not
  2  include the leasing of tangible personal property.
  3         11.  Property occupied pursuant to an instrument
  4  calling for payments which the department has declared, in a
  5  Technical Assistance Advisement issued on or before March 15,
  6  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),
  7  Florida Administrative Code; provided that this subparagraph
  8  shall only apply to property occupied by the same person
  9  before and after the execution of the subject instrument and
10  only to those payments made pursuant to such instrument,
11  exclusive of renewals and extensions thereof occurring after
12  March 15, 1993.
13         12.  Rented, leased, subleased, or licensed to a
14  concessionaire by a convention hall, exhibition hall,
15  auditorium, stadium, theater, arena, civic center, performing
16  arts center, or publicly owned recreational facility, during
17  an event at the facility, to be used by the concessionaire to
18  sell souvenirs, novelties, or other event-related products.
19  This subparagraph applies only to that portion of the rental,
20  lease, or license payment which is based on a percentage of
21  sales and not based on a fixed price.
22         13.  Property used or occupied predominantly for space
23  flight business purposes. As used in this subparagraph, "space
24  flight business" means the manufacturing, processing, or
25  assembly of a space facility, space propulsion system, space
26  vehicle, satellite, or station of any kind possessing the
27  capacity for space flight, as defined by s. 212.02(23), or
28  components thereof, and also means the following activities
29  supporting space flight: vehicle launch activities, flight
30  operations, ground control or ground support, and all
31  administrative activities directly related thereto. Property
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  1  shall be deemed to be used or occupied predominantly for space
  2  flight business purposes if more than 50 percent of the
  3  property, or improvements thereon, is used for one or more
  4  space flight business purposes. Possession by a landlord,
  5  lessor, or licensor of a signed written statement from the
  6  tenant, lessee, or licensee claiming the exemption shall
  7  relieve the landlord, lessor, or licensor from the
  8  responsibility of collecting the tax, and the department shall
  9  look solely to the tenant, lessee, or licensee for recovery of
10  such tax if it determines that the exemption was not
11  applicable.
12         Section 8.  Effective July 1, 2003, paragraph (a) of
13  subsection (1) of section 212.031, Florida Statutes, as
14  amended by chapter 2000-345, Laws of Florida, is amended to
15  read:
16         212.031  Lease or rental of or license in real
17  property.--
18         (1)(a)  It is declared to be the legislative intent
19  that every person is exercising a taxable privilege who
20  engages in the business of renting, leasing, letting, or
21  granting a license for the use of any real property unless
22  such property is:
23         1.  Assessed as agricultural property under s. 193.461.
24         2.  Used exclusively as dwelling units.
25         3.  Property subject to tax on parking, docking, or
26  storage spaces under s. 212.03(6).
27         4.  Recreational property or the common elements of a
28  condominium when subject to a lease between the developer or
29  owner thereof and the condominium association in its own right
30  or as agent for the owners of individual condominium units or
31  the owners of individual condominium units. However, only the
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  1  lease payments on such property shall be exempt from the tax
  2  imposed by this chapter, and any other use made by the owner
  3  or the condominium association shall be fully taxable under
  4  this chapter.
  5         5.  A public or private street or right-of-way and
  6  poles, conduits, fixtures, and similar improvements located on
  7  such streets or rights-of-way, occupied or used by a utility
  8  or franchised cable television company for utility or
  9  communications or television purposes. For purposes of this
10  subparagraph, the term "utility" means any person providing
11  utility services as defined in s. 203.012 and includes a
12  regional transmission organization operating under the
13  jurisdiction of the Federal Energy Regulatory Commission. This
14  exception also applies to property, wherever located, on which
15  the following are placed: towers, antennas, cables, accessory
16  structures, or equipment, not including switching equipment,
17  used in the provision of mobile communications services as
18  defined in s. 202.11. For purposes of this chapter, towers
19  used in the provision of mobile communications services, as
20  defined in s. 202.11, are considered to be fixtures.
21         6.  A public street or road which is used for
22  transportation purposes.
23         7.  Property used at an airport exclusively for the
24  purpose of aircraft landing or aircraft taxiing or property
25  used by an airline for the purpose of loading or unloading
26  passengers or property onto or from aircraft or for fueling
27  aircraft.
28         8.a.  Property used at a port authority, as defined in
29  s. 315.02(2), exclusively for the purpose of oceangoing
30  vessels or tugs docking, or such vessels mooring on property
31  used by a port authority for the purpose of loading or
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  1  unloading passengers or cargo onto or from such a vessel, or
  2  property used at a port authority for fueling such vessels, or
  3  to the extent that the amount paid for the use of any property
  4  at the port is based on the charge for the amount of tonnage
  5  actually imported or exported through the port by a tenant.
  6         b.  The amount charged for the use of any property at
  7  the port in excess of the amount charged for tonnage actually
  8  imported or exported shall remain subject to tax except as
  9  provided in sub-subparagraph a.
10         9.  Property used as an integral part of the
11  performance of qualified production services.  As used in this
12  subparagraph, the term "qualified production services" means
13  any activity or service performed directly in connection with
14  the production of a qualified motion picture, as defined in s.
15  212.06(1)(b), and includes:
16         a.  Photography, sound and recording, casting, location
17  managing and scouting, shooting, creation of special and
18  optical effects, animation, adaptation (language, media,
19  electronic, or otherwise), technological modifications,
20  computer graphics, set and stage support (such as
21  electricians, lighting designers and operators, greensmen,
22  prop managers and assistants, and grips), wardrobe (design,
23  preparation, and management), hair and makeup (design,
24  production, and application), performing (such as acting,
25  dancing, and playing), designing and executing stunts,
26  coaching, consulting, writing, scoring, composing,
27  choreographing, script supervising, directing, producing,
28  transmitting dailies, dubbing, mixing, editing, cutting,
29  looping, printing, processing, duplicating, storing, and
30  distributing;
31
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  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         10.  Leased, subleased, licensed, or rented to a person
14  providing food and drink concessionaire services within the
15  premises of a convention hall, exhibition hall, auditorium,
16  stadium, theater, arena, civic center, performing arts center,
17  publicly owned recreational facility, or any business operated
18  under a permit issued pursuant to chapter 550.  A person
19  providing retail concessionaire services involving the sale of
20  food and drink or other tangible personal property within the
21  premises of an airport shall be subject to tax on the rental
22  of real property used for that purpose, but shall not be
23  subject to the tax on any license to use the property.  For
24  purposes of this subparagraph, the term "sale" shall not
25  include the leasing of tangible personal property.
26         11.  Property occupied pursuant to an instrument
27  calling for payments which the department has declared, in a
28  Technical Assistance Advisement issued on or before March 15,
29  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),
30  Florida Administrative Code; provided that this subparagraph
31  shall only apply to property occupied by the same person
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  1  before and after the execution of the subject instrument and
  2  only to those payments made pursuant to such instrument,
  3  exclusive of renewals and extensions thereof occurring after
  4  March 15, 1993.
  5         12.  Property used or occupied predominantly for space
  6  flight business purposes. As used in this subparagraph, "space
  7  flight business" means the manufacturing, processing, or
  8  assembly of a space facility, space propulsion system, space
  9  vehicle, satellite, or station of any kind possessing the
10  capacity for space flight, as defined by s. 212.02(23), or
11  components thereof, and also means the following activities
12  supporting space flight: vehicle launch activities, flight
13  operations, ground control or ground support, and all
14  administrative activities directly related thereto. Property
15  shall be deemed to be used or occupied predominantly for space
16  flight business purposes if more than 50 percent of the
17  property, or improvements thereon, is used for one or more
18  space flight business purposes. Possession by a landlord,
19  lessor, or licensor of a signed written statement from the
20  tenant, lessee, or licensee claiming the exemption shall
21  relieve the landlord, lessor, or licensor from the
22  responsibility of collecting the tax, and the department shall
23  look solely to the tenant, lessee, or licensee for recovery of
24  such tax if it determines that the exemption was not
25  applicable.
26         Section 9.  (1)  Effective July 1, 2001, paragraph (b)
27  of subsection (14) of section 212.06, Florida Statutes, is
28  amended to read:
29         212.06  Sales, storage, use tax; collectible from
30  dealers; "dealer" defined; dealers to collect from purchasers;
31  legislative intent as to scope of tax.--
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  1         (14)  For the purpose of determining whether a person
  2  is improving real property, the term:
  3         (b)  "Fixtures" means items that are an accessory to a
  4  building, other structure, or land and that do not lose their
  5  identity as accessories when installed but that do become
  6  permanently attached to realty. However, the term does not
  7  include the following items, whether or not such items are
  8  attached to real property in a permanent manner:  trade
  9  fixtures; property of a type that is required to be
10  registered, licensed, titled, or documented by this state or
11  by the United States Government, including, but not limited
12  to, mobile homes, except mobile homes assessed as real
13  property; or industrial machinery or equipment. For purposes
14  of this paragraph, industrial machinery or equipment is not
15  limited to machinery and equipment used to manufacture,
16  process, compound, or produce tangible personal property. For
17  an item to be considered a fixture, it is not necessary that
18  the owner of the item also own the real property to which it
19  is attached.
20         (2)  It is the intent of the Legislature that the
21  amendment to s. 212.06(14)(b), Florida Statutes, relating to
22  industrial machinery or equipment, by this section is remedial
23  in nature and merely clarifies existing law.
24         Section 10.  (1)  Subsection (7), paragraph (a) of
25  subsection (8), and subsection (9) of section 212.08, Florida
26  Statutes, are amended to read:
27         212.08  Sales, rental, use, consumption, distribution,
28  and storage tax; specified exemptions.--The sale at retail,
29  the rental, the use, the consumption, the distribution, and
30  the storage to be used or consumed in this state of the
31
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  1  following are hereby specifically exempt from the tax imposed
  2  by this chapter.
  3         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to
  4  any entity by this chapter do not inure to any transaction
  5  that is otherwise taxable under this chapter when payment is
  6  made by a representative or employee of the entity by any
  7  means, including, but not limited to, cash, check, or credit
  8  card, even when that representative or employee is
  9  subsequently reimbursed by the entity. In addition, exemptions
10  provided to any entity by this subsection do not inure to any
11  transaction that is otherwise taxable under this chapter
12  unless the entity has obtained a sales tax exemption
13  certificate from the department or the entity obtains or
14  provides other documentation as required by the department.
15  Eligible purchases or leases made with such a certificate must
16  be in strict compliance with this subsection and departmental
17  rules, and any person who makes an exempt purchase with a
18  certificate that is not in strict compliance with this
19  subsection and the rules is liable for and must pay the tax.
20  The department may adopt rules to administer this subsection.
21         (a)  Artificial commemorative flowers.--Exempt from the
22  tax imposed by this chapter is the sale of artificial
23  commemorative flowers by bona fide nationally chartered
24  veterans' organizations.
25         (b)  Boiler fuels.--When purchased for use as a
26  combustible fuel, purchases of natural gas, residual oil,
27  recycled oil, waste oil, solid waste material, coal, sulfur,
28  wood, wood residues or wood bark used in an industrial
29  manufacturing, processing, compounding, or production process
30  at a fixed location in this state are exempt from the taxes
31  imposed by this chapter; however, such exemption shall not be
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  1  allowed unless the purchaser signs a certificate stating that
  2  the fuel to be exempted is for the exclusive use designated
  3  herein. This exemption does not apply to the use of boiler
  4  fuels that are not used in manufacturing, processing,
  5  compounding, or producing items of tangible personal property
  6  for sale, or to the use of boiler fuels used by any firm
  7  subject to regulation by the Division of Hotels and
  8  Restaurants of the Department of Business and Professional
  9  Regulation.
10         (c)  Crustacea bait.--Also exempt from the tax imposed
11  by this chapter is the purchase by commercial fishers of bait
12  intended solely for use in the entrapment of Callinectes
13  sapidus and Menippe mercenaria.
14         (d)  Feeds.--Feeds for poultry, ostriches, and
15  livestock, including racehorses and dairy cows, are exempt.
16         (e)  Film rentals.--Film rentals are exempt when an
17  admission is charged for viewing such film, and license fees
18  and direct charges for films, videotapes, and transcriptions
19  used by television or radio stations or networks are exempt.
20         (f)  Flags.--Also exempt are sales of the flag of the
21  United States and the official state flag of Florida.
22         (g)  Florida Retired Educators Association and its
23  local chapters.--Also exempt from payment of the tax imposed
24  by this chapter are purchases of office supplies, equipment,
25  and publications made by the Florida Retired Educators
26  Association and its local chapters.
27         (h)  Guide dogs for the blind.--Also exempt are the
28  sale or rental of guide dogs for the blind, commonly referred
29  to as "seeing-eye dogs," and the sale of food or other items
30  for such guide dogs.
31
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  1         1.  The department shall issue a consumer's certificate
  2  of exemption to any blind person who holds an identification
  3  card as provided for in s. 413.091 and who either owns or
  4  rents, or contemplates the ownership or rental of, a guide dog
  5  for the blind. The consumer's certificate of exemption shall
  6  be issued without charge and shall be of such size as to be
  7  capable of being carried in a wallet or billfold.
  8         2.  The department shall make such rules concerning
  9  items exempt from tax under the provisions of this paragraph
10  as may be necessary to provide that any person authorized to
11  have a consumer's certificate of exemption need only present
12  such a certificate at the time of paying for exempt goods and
13  shall not be required to pay any tax thereon.
14         (i)  Hospital meals and rooms.--Also exempt from
15  payment of the tax imposed by this chapter on rentals and
16  meals are patients and inmates of any hospital or other
17  physical plant or facility designed and operated primarily for
18  the care of persons who are ill, aged, infirm, mentally or
19  physically incapacitated, or otherwise dependent on special
20  care or attention. Residents of a home for the aged are exempt
21  from payment of taxes on meals provided through the facility.
22  A home for the aged is defined as a facility that is licensed
23  or certified in part or in whole under chapter 400 or chapter
24  651, or that is financed by a mortgage loan made or insured by
25  the United States Department of Housing and Urban Development
26  under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4),
27  s. 232, or s. 236 of the National Housing Act, or other such
28  similar facility designed and operated primarily for the care
29  of the aged.
30         (j)  Household fuels.--Also exempt from payment of the
31  tax imposed by this chapter are sales of utilities to
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  1  residential households or owners of residential models in this
  2  state by utility companies who pay the gross receipts tax
  3  imposed under s. 203.01, and sales of fuel to residential
  4  households or owners of residential models, including oil,
  5  kerosene, liquefied petroleum gas, coal, wood, and other fuel
  6  products used in the household or residential model for the
  7  purposes of heating, cooking, lighting, and refrigeration,
  8  regardless of whether such sales of utilities and fuels are
  9  separately metered and billed direct to the residents or are
10  metered and billed to the landlord. If any part of the utility
11  or fuel is used for a nonexempt purpose, the entire sale is
12  taxable. The landlord shall provide a separate meter for
13  nonexempt utility or fuel consumption.  For the purposes of
14  this paragraph, licensed family day care homes shall also be
15  exempt.
16         (k)  Meals provided by certain nonprofit
17  organizations.--There is exempt from the tax imposed by this
18  chapter the sale of prepared meals by a nonprofit volunteer
19  organization to handicapped, elderly, or indigent persons when
20  such meals are delivered as a charitable function by the
21  organization to such persons at their places of residence.
22         (l)  Organizations providing special educational,
23  cultural, recreational, and social benefits to minors.--Also
24  exempt from the tax imposed by this chapter are sales or
25  leases to and sales of donated property by nonprofit
26  organizations which are incorporated pursuant to chapter 617
27  the primary purpose of which is providing activities that
28  contribute to the development of good character or good
29  sportsmanship, or to the educational or cultural development,
30  of minors.  This exemption is extended only to that level of
31  the organization that has a salaried executive officer or an
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  1  elected nonsalaried executive officer. For the purpose of this
  2  paragraph, the term "donated property" means any property
  3  transferred to such nonprofit organization for less than 50
  4  percent of its fair market value.
  5         (m)  Religious institutions.--
  6         1.  There are exempt from the tax imposed by this
  7  chapter transactions involving sales or leases directly to
  8  religious institutions when used in carrying on their
  9  customary nonprofit religious activities or sales or leases of
10  tangible personal property by religious institutions having an
11  established physical place for worship at which nonprofit
12  religious services and activities are regularly conducted and
13  carried on.
14         2.  As used in this paragraph, the term "religious
15  institutions" means churches, synagogues, and established
16  physical places for worship at which nonprofit religious
17  services and activities are regularly conducted and carried
18  on. The term "religious institutions" includes nonprofit
19  corporations the sole purpose of which is to provide free
20  transportation services to church members, their families, and
21  other church attendees. The term "religious institutions" also
22  includes nonprofit state, nonprofit district, or other
23  nonprofit governing or administrative offices the function of
24  which is to assist or regulate the customary activities of
25  religious institutions. The term "religious institutions" also
26  includes any nonprofit corporation that is qualified as
27  nonprofit under s. 501(c)(3) of the Internal Revenue Code of
28  1986, as amended, and that owns and operates a Florida
29  television station, at least 90 percent of the programming of
30  which station consists of programs of a religious nature and
31  the financial support for which, exclusive of receipts for
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  1  broadcasting from other nonprofit organizations, is
  2  predominantly from contributions from the general public. The
  3  term "religious institutions" also includes any nonprofit
  4  corporation that is qualified as nonprofit under s. 501(c)(3)
  5  of the Internal Revenue Code of 1986, as amended, the primary
  6  activity of which is making and distributing audio recordings
  7  of religious scriptures and teachings to blind or visually
  8  impaired persons at no charge. The term "religious
  9  institutions" also includes any nonprofit corporation that is
10  qualified as nonprofit under s. 501(c)(3) of the Internal
11  Revenue Code of 1986, as amended, the sole or primary function
12  of which is to provide, upon invitation, nonprofit religious
13  services, evangelistic services, religious education,
14  administrative assistance, or missionary assistance for a
15  church, synagogue, or established physical place of worship at
16  which nonprofit religious services and activities are
17  regularly conducted.
18         (n)  Veterans' organizations.--
19         1.  There are exempt from the tax imposed by this
20  chapter transactions involving sales or leases to qualified
21  veterans' organizations and their auxiliaries when used in
22  carrying on their customary veterans' organization activities.
23         2.  As used in this paragraph, the term "veterans'
24  organizations" means nationally chartered or recognized
25  veterans' organizations, including, but not limited to,
26  Florida chapters of the Paralyzed Veterans of America,
27  Catholic War Veterans of the U.S.A., Jewish War Veterans of
28  the U.S.A., and the Disabled American Veterans, Department of
29  Florida, Inc., which hold current exemptions from federal
30  income tax under s. 501(c)(4) or (19) of the Internal Revenue
31  Code of 1986, as amended.
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  1         (o)  Schools, colleges, and universities.--Also exempt
  2  from the tax imposed by this chapter are sales or leases to
  3  state tax-supported schools, colleges, or universities.
  4         (p)  Section 501(c)(3) organizations.--Also exempt from
  5  the tax imposed by this chapter are sales or leases to
  6  organizations determined by the Internal Revenue Service to be
  7  currently exempt from federal income tax pursuant to s.
  8  501(c)(3) of the Internal Revenue Code of 1986, as amended,
  9  when such leases or purchases are used in carrying on their
10  customary nonprofit activities.
11         (q)  Resource recovery equipment.--Also exempt is
12  resource recovery equipment which is owned and operated by or
13  on behalf of any county or municipality, certified by the
14  Department of Environmental Protection under the provisions of
15  s. 403.715.
16         (r)  School books and school lunches.--This exemption
17  applies to school books used in regularly prescribed courses
18  of study, and to school lunches served in public, parochial,
19  or nonprofit schools operated for and attended by pupils of
20  grades K through 12.  Yearbooks, magazines, newspapers,
21  directories, bulletins, and similar publications distributed
22  by such educational institutions to their students are also
23  exempt. School books and food sold or served at community
24  colleges and other institutions of higher learning are
25  taxable.
26         (s)  Tasting beverages.--Vinous and alcoholic beverages
27  provided by distributors or vendors for the purpose of "wine
28  tasting" and "spirituous beverage tasting" as contemplated
29  under the provisions of ss. 564.06 and 565.12, respectively,
30  are exempt from the tax imposed by this chapter.
31         (t)  Boats temporarily docked in state.--
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  1         1.  Notwithstanding the provisions of chapter 328,
  2  pertaining to the registration of vessels, a boat upon which
  3  the state sales or use tax has not been paid is exempt from
  4  the use tax under this chapter if it enters and remains in
  5  this state for a period not to exceed a total of 20 days in
  6  any calendar year calculated from the date of first dockage or
  7  slippage at a facility, registered with the department, that
  8  rents dockage or slippage space in this state.  If a boat
  9  brought into this state for use under this paragraph is placed
10  in a facility, registered with the department, for repairs,
11  alterations, refitting, or modifications and such repairs,
12  alterations, refitting, or modifications are supported by
13  written documentation, the 20-day period shall be tolled
14  during the time the boat is physically in the care, custody,
15  and control of the repair facility, including the time spent
16  on sea trials conducted by the facility.  The 20-day time
17  period may be tolled only once within a calendar year when a
18  boat is placed for the first time that year in the physical
19  care, custody, and control of a registered repair facility;
20  however, the owner may request and the department may grant an
21  additional tolling of the 20-day period for purposes of
22  repairs that arise from a written guarantee given by the
23  registered repair facility, which guarantee covers only those
24  repairs or modifications made during the first tolled period.
25  Within 72 hours after the date upon which the registered
26  repair facility took possession of the boat, the facility must
27  have in its possession, on forms prescribed by the department,
28  an affidavit which states that the boat is under its care,
29  custody, and control and that the owner does not use the boat
30  while in the facility.  Upon completion of the repairs,
31  alterations, refitting, or modifications, the registered
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  1  repair facility must, within 72 hours after the date of
  2  release, have in its possession a copy of the release form
  3  which shows the date of release and any other information the
  4  department requires. The repair facility shall maintain a log
  5  that documents all alterations, additions, repairs, and sea
  6  trials during the time the boat is under the care, custody,
  7  and control of the facility.  The affidavit shall be
  8  maintained by the registered repair facility as part of its
  9  records for as long as required by s. 213.35.  When, within 6
10  months after the date of its purchase, a boat is brought into
11  this state under this paragraph, the 6-month period provided
12  in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled.
13         2.  During the period of repairs, alterations,
14  refitting, or modifications and during the 20-day period
15  referred to in subparagraph 1., the boat may be listed for
16  sale, contracted for sale, or sold exclusively by a broker or
17  dealer registered with the department without incurring a use
18  tax under this chapter; however, the sales tax levied under
19  this chapter applies to such sale.
20         3.  The mere storage of a boat at a registered repair
21  facility does not qualify as a tax-exempt use in this state.
22         4.  As used in this paragraph, "registered repair
23  facility" means:
24         a.  A full-service facility that:
25         (I)  Is located on a navigable body of water;
26         (II)  Has haulout capability such as a dry dock, travel
27  lift, railway, or similar equipment to service craft under the
28  care, custody, and control of the facility;
29         (III)  Has adequate piers and storage facilities to
30  provide safe berthing of vessels in its care, custody, and
31  control; and
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  1         (IV)  Has necessary shops and equipment to provide
  2  repair or warranty work on vessels under the care, custody,
  3  and control of the facility;
  4         b.  A marina that:
  5         (I)  Is located on a navigable body of water;
  6         (II)  Has adequate piers and storage facilities to
  7  provide safe berthing of vessels in its care, custody, and
  8  control; and
  9         (III)  Has necessary shops and equipment to provide
10  repairs or warranty work on vessels; or
11         c.  A shoreside facility that:
12         (I)  Is located on a navigable body of water;
13         (II)  Has adequate piers and storage facilities to
14  provide safe berthing of vessels in its care, custody, and
15  control; and
16         (III)  Has necessary shops and equipment to provide
17  repairs or warranty work.
18         (u)  Volunteer fire departments.--Also exempt are
19  firefighting and rescue service equipment and supplies
20  purchased by volunteer fire departments, duly chartered under
21  the Florida Statutes as corporations not for profit.
22         (v)  Professional services.--
23         1.  Also exempted are professional, insurance, or
24  personal service transactions that involve sales as
25  inconsequential elements for which no separate charges are
26  made.
27         2.  The personal service transactions exempted pursuant
28  to subparagraph 1. do not exempt the sale of information
29  services involving the furnishing of printed, mimeographed, or
30  multigraphed matter, or matter duplicating written or printed
31  matter in any other manner, other than professional services
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  1  and services of employees, agents, or other persons acting in
  2  a representative or fiduciary capacity or information services
  3  furnished to newspapers and radio and television stations.  As
  4  used in this subparagraph, the term "information services"
  5  includes the services of collecting, compiling, or analyzing
  6  information of any kind or nature and furnishing reports
  7  thereof to other persons.
  8         3.  This exemption does not apply to any service
  9  warranty transaction taxable under s. 212.0506.
10         4.  This exemption does not apply to any service
11  transaction taxable under s. 212.05(1)(j).
12         (w)  Certain newspaper, magazine, and newsletter
13  subscriptions, shoppers, and community newspapers.--Likewise
14  exempt are newspaper, magazine, and newsletter subscriptions
15  in which the product is delivered to the customer by mail.
16  Also exempt are free, circulated publications that are
17  published on a regular basis, the content of which is
18  primarily advertising, and that are distributed through the
19  mail, home delivery, or newsstands. The exemption for
20  newspaper, magazine, and newsletter subscriptions which is
21  provided in this paragraph applies only to subscriptions
22  entered into after March 1, 1997.
23         (x)  Sporting equipment brought into the
24  state.--Sporting equipment brought into Florida, for a period
25  of not more than 4 months in any calendar year, used by an
26  athletic team or an individual athlete in a sporting event is
27  exempt from the use tax if such equipment is removed from the
28  state within 7 days after the completion of the event.
29         (y)  Charter fishing vessels.--The charge for
30  chartering any boat or vessel, with the crew furnished, solely
31  for the purpose of fishing is exempt from the tax imposed
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  1  under s. 212.04 or s. 212.05.  This exemption does not apply
  2  to any charge to enter or stay upon any "head-boat," party
  3  boat, or other boat or vessel.  Nothing in this paragraph
  4  shall be construed to exempt any boat from sales or use tax
  5  upon the purchase thereof except as provided in paragraph (t)
  6  and s. 212.05.
  7         (z)  Vending machines sponsored by nonprofit or
  8  charitable organizations.--Also exempt are food or drinks for
  9  human consumption sold for 25 cents or less through a
10  coin-operated vending machine sponsored by a nonprofit
11  corporation qualified as nonprofit pursuant to s. 501(c)(3) or
12  (4) of the Internal Revenue Code of 1986, as amended.
13         (aa)  Certain commercial vehicles.--Also exempt is the
14  sale, lease, or rental of a commercial motor vehicle as
15  defined in s. 207.002(2), when the following conditions are
16  met:
17         1.  The sale, lease, or rental occurs between two
18  commonly owned and controlled corporations;
19         2.  Such vehicle was titled and registered in this
20  state at the time of the sale, lease, or rental; and
21         3.  Florida sales tax was paid on the acquisition of
22  such vehicle by the seller, lessor, or renter.
23         (bb)  Community cemeteries.--Also exempt are purchases
24  by any nonprofit corporation that has qualified under s.
25  501(c)(13) of the Internal Revenue Code of 1986, as amended,
26  and is operated for the purpose of maintaining a cemetery that
27  was donated to the community by deed.
28         (cc)  Works of art.--
29         1.  Also exempt are works of art sold to or used by an
30  educational institution.
31
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  1         2.  This exemption also applies to the sale to or use
  2  in this state of any work of art by any person if it was
  3  purchased or imported exclusively for the purpose of being
  4  donated to any educational institution, or loaned to and made
  5  available for display by any educational institution, provided
  6  that the term of the loan agreement is for at least 10 years.
  7         3.  The exemption provided by this paragraph for
  8  donations is allowed only if the person who purchased the work
  9  of art transfers title to the donated work of art to an
10  educational institution. Such transfer of title shall be
11  evidenced by an affidavit meeting requirements established by
12  rule to document entitlement to the exemption. Nothing in this
13  paragraph shall preclude a work of art donated to an
14  educational institution from remaining in the possession of
15  the donor or purchaser, as long as title to the work of art
16  lies with the educational institution.
17         4.  A work of art is presumed to have been purchased in
18  or imported into this state exclusively for loan as provided
19  in subparagraph 2., if it is so loaned or placed in storage in
20  preparation for such a loan within 90 days after purchase or
21  importation, whichever is later; but a work of art is not
22  deemed to be placed in storage in preparation for loan for
23  purposes of this exemption if it is displayed at any place
24  other than an educational institution.
25         5.  The exemptions provided by this paragraph are
26  allowed only if the person who purchased the work of art gives
27  to the vendor an affidavit meeting the requirements,
28  established by rule, to document entitlement to the exemption.
29  The person who purchased the work of art shall forward a copy
30  of such affidavit to the Department of Revenue at the time it
31  is issued to the vendor.
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  1         6.  The exemption for loans provided by subparagraph 2.
  2  applies only for the period during which a work of art is in
  3  the possession of the educational institution or is in storage
  4  before transfer of possession to that institution; and when it
  5  ceases to be so possessed or held, tax based upon the sales
  6  price paid by the owner is payable, and the statute of
  7  limitations provided in s. 95.091 shall begin to run at that
  8  time. However, tax shall not become due if the work of art is
  9  donated to an educational institution after the loan ceases.
10         7.  Any educational institution to which a work of art
11  has been donated pursuant to this paragraph shall make
12  available to the department the title to the work of art and
13  any other relevant information. Any educational institution
14  which has received a work of art on loan pursuant to this
15  paragraph shall make available to the department information
16  relating to the work of art. Any educational institution that
17  transfers from its possession a work of art as defined by this
18  paragraph which has been loaned to it must notify the
19  Department of Revenue within 60 days after the transfer.
20         8.  For purposes of the exemptions provided by this
21  paragraph, the term:
22         a.  "Educational institutions" includes state
23  tax-supported, parochial, church, and nonprofit private
24  schools, colleges, or universities that conduct regular
25  classes and courses of study required for accreditation by or
26  membership in the Southern Association of Colleges and
27  Schools, the Florida Council of Independent Schools, or the
28  Florida Association of Christian Colleges and Schools, Inc.;
29  nonprofit private schools that conduct regular classes and
30  courses of study accepted for continuing education credit by a
31  board of the Division of Medical Quality Assurance of the
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  1  Department of Health; or nonprofit libraries, art galleries,
  2  performing arts centers that provide educational programs to
  3  school children, which programs involve performances or other
  4  educational activities at the performing arts center and serve
  5  a minimum of 50,000 school children a year, and museums open
  6  to the public.
  7         b.  "Work of art" includes pictorial representations,
  8  sculpture, jewelry, antiques, stamp collections and coin
  9  collections, and other tangible personal property, the value
10  of which is attributable predominantly to its artistic,
11  historical, political, cultural, or social importance.
12         (dd)  Taxicab leases.--The lease of or license to use a
13  taxicab or taxicab-related equipment and services provided by
14  a taxicab company to an independent taxicab operator are
15  exempt, provided, however, the exemptions provided under this
16  paragraph only apply if sales or use tax has been paid on the
17  acquisition of the taxicab and its related equipment.
18         (ee)  Aircraft repair and maintenance labor
19  charges.--There shall be exempt from the tax imposed by this
20  chapter all labor charges for the repair and maintenance of
21  aircraft of more than 15,000 pounds maximum certified takeoff
22  weight and rotary wing aircraft of more than 10,000 pounds
23  maximum certified takeoff weight. Except as otherwise provided
24  in this chapter, charges for parts and equipment furnished in
25  connection with such labor charges are taxable.
26         (ff)  Certain electricity or steam uses.--
27         1.  Subject to the provisions of subparagraph 4.,
28  charges for electricity or steam used to operate machinery and
29  equipment at a fixed location in this state when such
30  machinery and equipment is used to manufacture, process,
31  compound, produce, or prepare for shipment items of tangible
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  1  personal property for sale, or to operate pollution control
  2  equipment, recycling equipment, maintenance equipment, or
  3  monitoring or control equipment used in such operations are
  4  exempt to the extent provided in this paragraph. If 75 percent
  5  or more of the electricity or steam used at the fixed location
  6  is used to operate qualifying machinery or equipment, 100
  7  percent of the charges for electricity or steam used at the
  8  fixed location are exempt. If less than 75 percent but 50
  9  percent or more of the electricity or steam used at the fixed
10  location is used to operate qualifying machinery or equipment,
11  50 percent of the charges for electricity or steam used at the
12  fixed location are exempt. If less than 50 percent of the
13  electricity or steam used at the fixed location is used to
14  operate qualifying machinery or equipment, none of the charges
15  for electricity or steam used at the fixed location are
16  exempt.
17         2.  This exemption applies only to industries
18  classified under SIC Industry Major Group Numbers 10, 12, 13,
19  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
20  35, 36, 37, 38, and 39 and Industry Group Number 212. As used
21  in this paragraph, "SIC" means those classifications contained
22  in the Standard Industrial Classification Manual, 1987, as
23  published by the Office of Management and Budget, Executive
24  Office of the President.
25         3.  Possession by a seller of a written certification
26  by the purchaser, certifying the purchaser's entitlement to an
27  exemption permitted by this subsection, relieves the seller
28  from the responsibility of collecting the tax on the
29  nontaxable amounts, and the department shall look solely to
30  the purchaser for recovery of such tax if it determines that
31  the purchaser was not entitled to the exemption.
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  1         4.  Such exemption shall be applied as follows:
  2         a.  Beginning July 1, 1996, 20 percent of the charges
  3  for such electricity shall be exempt.
  4         b.  Beginning July 1, 1997, 40 percent of the charges
  5  for such electricity shall be exempt.
  6         c.  Beginning July 1, 1998, 60 percent of the charges
  7  for such electricity or steam shall be exempt.
  8         d.  Beginning July 1, 1999, 80 percent of the charges
  9  for such electricity or steam shall be exempt.
10         e.  Beginning July 1, 2000, 100 percent of the charges
11  for such electricity or steam shall be exempt.
12         5.  Notwithstanding any other provision in this
13  paragraph to the contrary, in order to receive the exemption
14  provided in this paragraph a taxpayer must first register with
15  the WAGES Program Business Registry established by the local
16  WAGES coalition for the area in which the taxpayer is located.
17  Such registration establishes a commitment on the part of the
18  taxpayer to hire WAGES program participants to the maximum
19  extent possible consistent with the nature of their business.
20         5.6.a.  In order to determine whether the exemption
21  provided in this paragraph from the tax on charges for
22  electricity or steam has an effect on retaining or attracting
23  companies to this state, the Office of Program Policy Analysis
24  and Government Accountability shall monitor and report on the
25  industries receiving the exemption.
26         b.  The report shall be submitted no later than January
27  1, 2001, and must be comprehensive in scope, but, at a
28  minimum, must be conducted in such a manner as to specifically
29  determine the number of companies within each SIC Industry
30  Major Group receiving the exemption as of September 1, 2000,
31  the number of individuals employed by companies within each
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  1  SIC Industry Major Group receiving the exemption as of
  2  September 1, 2000, whether the change, if any, in such number
  3  of companies or employees is attributable to the exemption
  4  provided in this paragraph, whether it would be sound public
  5  policy to continue or discontinue the exemption, and the
  6  consequences of doing so.
  7         c.  The report shall be submitted to the President of
  8  the Senate, the Speaker of the House of Representatives, the
  9  Senate Minority Leader, and the House Minority Leader.
10         (gg)  Fair associations.--Also exempt from the tax
11  imposed by this chapter is the sale, use, lease, rental, or
12  grant of a license to use, made directly to or by a fair
13  association, of real or tangible personal property; any charge
14  made by a fair association, or its agents, for parking,
15  admissions, or for temporary parking of vehicles used for
16  sleeping quarters; rentals, subleases, and sublicenses of real
17  or tangible personal property between the owner of the central
18  amusement attraction and any owner of an amusement ride, as
19  those terms are used in ss. 616.15(1)(b) and 616.242(3)(a),
20  for the furnishing of amusement rides at a public fair or
21  exposition; and other transactions of a fair association which
22  are incurred directly by the fair association in the
23  financing, construction, and operation of a fair, exposition,
24  or other event or facility that is authorized by s. 616.08. As
25  used in this paragraph, the terms "fair association" and
26  "public fair or exposition" have the same meaning as those
27  terms are defined in s. 616.001. This exemption does not apply
28  to the sale of tangible personal property made by a fair
29  association through an agent or independent contractor; sales
30  of admissions and tangible personal property by a
31  concessionaire, vendor, exhibitor, or licensee; or rentals and
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  1  subleases of tangible personal property or real property
  2  between the owner of the central amusement attraction and a
  3  concessionaire, vendor, exhibitor, or licensee, except for the
  4  furnishing of amusement rides, which transactions are exempt.
  5         (hh)  Citizen support organizations.--Also exempt from
  6  the tax imposed by this chapter are sales or leases to
  7  nonprofit organizations that are incorporated under chapter
  8  617 and that have been designated citizen support
  9  organizations in support of state-funded environmental
10  programs or the management of state-owned lands in accordance
11  with s. 20.2551, or to support one or more state parks in
12  accordance with s. 258.015.
13         (ii)  Florida Folk Festival.--There shall be exempt
14  from the tax imposed by this chapter income of a revenue
15  nature received from admissions to the Florida Folk Festival
16  held pursuant to s. 267.16 at the Stephen Foster State Folk
17  Culture Center, a unit of the state park system.
18         (jj)  Solar energy systems.--Also exempt are solar
19  energy systems or any component thereof.  The Florida Solar
20  Energy Center shall from time to time certify to the
21  department a list of equipment and requisite hardware
22  considered to be a solar energy system or a component thereof.
23  This exemption is repealed July 1, 2005.
24         (kk)  Nonprofit cooperative hospital laundries.--Also
25  exempt from the tax imposed by this chapter are sales or
26  leases to nonprofit organizations that are incorporated under
27  chapter 617 and which are treated, for federal income tax
28  purposes, as cooperatives under subchapter T of the Internal
29  Revenue Code, whose sole purpose is to offer laundry supplies
30  and services to their members, which members must all be
31
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  1  exempt from federal income tax pursuant to s. 501(c)(3) of the
  2  Internal Revenue Code.
  3         (ll)  Complimentary meals.--Also exempt from the tax
  4  imposed by this chapter are food or drinks that are furnished
  5  as part of a packaged room rate by any person offering for
  6  rent or lease any transient living accommodations as described
  7  in s. 509.013(4)(a) which are licensed under part I of chapter
  8  509 and which are subject to the tax under s. 212.03, if a
  9  separate charge or specific amount for the food or drinks is
10  not shown. Such food or drinks are considered to be sold at
11  retail as part of the total charge for the transient living
12  accommodations. Moreover, the person offering the
13  accommodations is not considered to be the consumer of items
14  purchased in furnishing such food or drinks and may purchase
15  those items under conditions of a sale for resale.
16         (mm)  Nonprofit corporation conducting the correctional
17  work programs.--Products sold pursuant to s. 946.515 by the
18  corporation organized pursuant to part II of chapter 946 are
19  exempt from the tax imposed by this chapter. This exemption
20  applies retroactively to July 1, 1983.
21         (nn)  Parent-teacher organizations, parent-teacher
22  associations, and schools having grades K through
23  12.--Parent-teacher organizations and associations the purpose
24  of which is to raise funds for schools teaching grades K
25  through 12 and which are qualified as educational institutions
26  as defined by sub-subparagraph (cc)8.a. associated with
27  schools having grades K through 12, and schools having grades
28  K through 12, may pay tax to their suppliers on the cost price
29  of school materials and supplies purchased, rented, or leased
30  for resale or rental to students in grades K through 12, of
31  items sold for fundraising purposes, and of items sold through
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  1  vending machines located on the school premises, in lieu of
  2  collecting the tax imposed by this chapter from the purchaser.
  3  This paragraph also applies to food or beverages sold through
  4  vending machines located in the student lunchroom or dining
  5  room of a school having kindergarten through grade 12.
  6         (oo)  Mobile home lot improvements.--Items purchased by
  7  developers for use in making improvements to a mobile home lot
  8  owned by the developer may be purchased tax-exempt as a sale
  9  for resale if made pursuant to a contract that requires the
10  developer to sell a mobile home to a purchaser, place the
11  mobile home on the lot, and make the improvements to the lot
12  for a single lump-sum price. The developer must collect and
13  remit sales tax on the entire lump-sum price.
14         (pp)  Veterans Administration.--When a veteran of the
15  armed forces purchases an aircraft, boat, mobile home, motor
16  vehicle, or other vehicle from a dealer pursuant to the
17  provisions of 38 U.S.C. s. 3902(a), or any successor provision
18  of the United States Code, the amount that is paid directly to
19  the dealer by the Veterans Administration is not taxable.
20  However, any portion of the purchase price which is paid
21  directly to the dealer by the veteran is taxable.
22         (qq)  Complimentary items.--There is exempt from the
23  tax imposed by this chapter:
24         1.  Any food or drink, whether or not cooked or
25  prepared on the premises, provided without charge as a sample
26  or for the convenience of customers by a dealer that primarily
27  sells food product items at retail.
28         2.  Any item given to a customer as part of a price
29  guarantee plan related to point-of-sale errors by a dealer
30  that primarily sells food products at retail.
31
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  1  The exemptions in this paragraph do not apply to businesses
  2  with the primary activity of serving prepared meals or
  3  alcoholic beverages for immediate consumption.
  4         (rr)  Donated foods or beverages.--Any food or beverage
  5  donated by a dealer that sells food products at retail to a
  6  food bank or an organization that holds a current exemption
  7  from federal corporate income tax pursuant to s. 501(c) of the
  8  Internal Revenue Code of 1986, as amended, is exempt from the
  9  tax imposed by this chapter.
10         (ss)  Racing dogs.--The sale of a racing dog by its
11  owner is exempt if the owner is also the breeder of the
12  animal.
13         (tt)  Equipment used in aircraft repair and
14  maintenance.--There shall be exempt from the tax imposed by
15  this chapter replacement engines, parts, and equipment used in
16  the repair or maintenance of aircraft of more than 15,000
17  pounds maximum certified takeoff weight and rotary wing
18  aircraft of more than 10,300 pounds maximum certified takeoff
19  weight, when such parts or equipment are installed on such
20  aircraft that is being repaired or maintained in this state.
21         (uu)  Aircraft sales or leases.--The sale or lease of
22  an aircraft of more than 15,000 pounds maximum certified
23  takeoff weight for use by a common carrier is exempt from the
24  tax imposed by this chapter. As used in this paragraph,
25  "common carrier" means an airline operating under Federal
26  Aviation Administration regulations contained in Title 14,
27  chapter I, part 121 or part 129 of the Code of Federal
28  Regulations.
29         (vv)  Nonprofit water systems.--Sales or leases to a
30  not-for-profit corporation which holds a current exemption
31  from federal income tax under s. 501(c)(4) or (12) of the
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  1  Internal Revenue Code, as amended, are exempt from the tax
  2  imposed by this chapter if the sole or primary function of the
  3  corporation is to construct, maintain, or operate a water
  4  system in this state.
  5         (ww)  Library cooperatives.--Sales or leases to library
  6  cooperatives certified under s. 257.41(2) are exempt from the
  7  tax imposed by this chapter.
  8         (xx)  Advertising agencies.--
  9         1.  As used in this paragraph, the term "advertising
10  agency" means any firm that is primarily engaged in the
11  business of providing advertising materials and services to
12  its clients.
13         2.  The sale of advertising services by an advertising
14  agency to a client is exempt from the tax imposed by this
15  chapter. Also exempt from the tax imposed by this chapter are
16  items of tangible personal property such as photographic
17  negatives and positives, videos, films, galleys, mechanicals,
18  veloxes, illustrations, digital audiotapes, analog tapes,
19  printed advertisement copies, compact discs for the purpose of
20  recording, digital equipment, and artwork and the services
21  used to produce those items if the items are:
22         a.  Sold to an advertising agency that is acting as an
23  agent for its clients pursuant to contract, and are created
24  for the performance of advertising services for the clients;
25         b.  Produced, fabricated, manufactured, or otherwise
26  created by an advertising agency for its clients, and are used
27  in the performance of advertising services for the clients; or
28         c.  Sold by an advertising agency to its clients in the
29  performance of advertising services for the clients, whether
30  or not the charges for these items are marked up or separately
31  stated.
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  1
  2  The exemption provided by this subparagraph does not apply
  3  when tangible personal property such as film, paper, and
  4  videotapes is purchased to create items such as photographic
  5  negatives and positives, videos, films, galleys, mechanicals,
  6  veloxes, illustrations, and artwork that are sold to an
  7  advertising agency or produced in-house by an advertising
  8  agency on behalf of its clients.
  9         3.  The items exempted from tax under subparagraph 2.
10  and the creative services used by an advertising agency to
11  design the advertising for promotional goods such as displays,
12  display containers, exhibits, newspaper inserts, brochures,
13  catalogues, direct mail letters or flats, shirts, hats, pens,
14  pencils, key chains, or other printed goods or materials are
15  not subject to tax. However, when such promotional goods are
16  produced or reproduced for distribution, tax applies to the
17  sales price charged to the client for such promotional goods.
18         4.  For items purchased by an advertising agency and
19  exempt from tax under this paragraph, possession of an
20  exemption certificate from the advertising agency certifying
21  the agency's entitlement to exemption relieves the vendor of
22  the responsibility of collecting the tax on the sale of such
23  items to the advertising agency, and the department shall look
24  solely to the advertising agency for recovery of tax if it
25  determines that the advertising agency was not entitled to the
26  exemption.
27         5.  The exemptions provided by this paragraph apply
28  retroactively, except that all taxes that have been collected
29  must be remitted, and taxes that have been remitted before
30  July 1, 1999, on transactions that are subject to exemption
31  under this paragraph are not subject to refund.
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  1         6.  The department may adopt rules that interpret or
  2  define the provisions of these exemptions and provide examples
  3  regarding the application of these exemptions.
  4         (yy)  Bullion.--The sale of gold, silver, or platinum
  5  bullion, or any combination thereof, in a single transaction
  6  is exempt if the sales price exceeds $500. The dealer must
  7  maintain proper documentation, as prescribed by rule of the
  8  department, to identify that portion of a transaction which
  9  involves the sale of gold, silver, or platinum bullion and is
10  exempt under this paragraph.
11         (zz)  Certain repair and labor charges.--
12         1.  Subject to the provisions of subparagraphs 2. and
13  3., there is exempt from the tax imposed by this chapter all
14  labor charges for the repair of, and parts and materials used
15  in the repair of and incorporated into, industrial machinery
16  and equipment which is used for the manufacture, processing,
17  compounding, production, or preparation for shipping of items
18  of tangible personal property at a fixed location within this
19  state.
20         2.  This exemption applies only to industries
21  classified under SIC Industry Major Group Numbers 10, 12, 13,
22  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
23  35, 36, 37, 38, and 39 and Industry Group Number 212. As used
24  in this subparagraph, "SIC" means those classifications
25  contained in the Standard Industrial Classification Manual,
26  1987, as published by the Office of Management and Budget,
27  Executive Office of the President.
28         3.  This exemption shall be applied as follows:
29         a.  Beginning July 1, 1999, 25 percent of such charges
30  for repair parts and labor shall be exempt.
31
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  1         b.  Beginning July 1, 2000, 50 percent of such charges
  2  for repair parts and labor shall be exempt.
  3         c.  Beginning July 1, 2001, 75 percent of such charges
  4  for repair parts and labor shall be exempt.
  5         d.  Beginning July 1, 2002, 100 percent of such charges
  6  for repair parts and labor shall be exempt.
  7         (aaa)  Film and other printing supplies.--Also exempt
  8  are the following materials purchased, produced, or created by
  9  businesses classified under SIC Industry Numbers 275, 276,
10  277, 278, or 279 for use in producing graphic matter for sale:
11  film, photographic paper, dyes used for embossing and
12  engraving, artwork, typography, lithographic plates, and
13  negatives.  As used in this paragraph, "SIC" means those
14  classifications contained in the Standard Industrial
15  Classification Manual, 1987, as published by the Office of
16  Management and Budget, Executive Office of the President.
17         (bbb)  People-mover systems.--People-mover systems, and
18  parts thereof, which are purchased or manufactured by
19  contractors employed either directly by or as agents for the
20  United States Government, the state, a county, a municipality,
21  a political subdivision of the state, or the public operator
22  of a public-use airport as defined by s. 332.004(14) are
23  exempt from the tax imposed by this chapter when the systems
24  or parts go into or become part of publicly owned facilities.
25  In the case of contractors who manufacture and install such
26  systems and parts, this exemption extends to the purchase of
27  component parts and all other manufacturing and fabrication
28  costs. The department may provide a form to be used by
29  contractors to provide to suppliers of people-mover systems or
30  parts to certify the contractors' eligibility for the
31  exemption provided under this paragraph. As used in this
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  1  paragraph, "people-mover systems" includes wheeled passenger
  2  vehicles and related control and power distribution systems
  3  that are part of a transportation system for use by the
  4  general public, regardless of whether such vehicles are
  5  operator-controlled or driverless, self-propelled or propelled
  6  by external power and control systems, or conducted on roads,
  7  rails, guidebeams, or other permanent structures that are an
  8  integral part of such transportation system. "Related control
  9  and power distribution systems" includes any electrical or
10  electronic control or signaling equipment, but does not
11  include the embedded wiring, conduits, or cabling used to
12  transmit electrical or electronic signals among such control
13  equipment, power distribution equipment, signaling equipment,
14  and wheeled vehicles.
15         (ccc)  Organizations providing crime prevention, drunk
16  driving prevention, or juvenile delinquency prevention
17  services.--Sales or leases to any nonprofit organization that
18  provides crime prevention services, drunk driving prevention
19  services, or juvenile delinquency prevention services that
20  benefit society as a whole are exempt from the tax imposed by
21  this chapter, if the organization holds a current exemption
22  from federal income tax under s. 501(c)(3) of the Internal
23  Revenue Code and the organization has as its sole or primary
24  purpose the provision of services that contribute to the
25  prevention of hardships caused by crime, drunk driving, or
26  juvenile delinquency.
27         (ccc)(ddd)  Florida Fire and Emergency Services
28  Foundation.--Sales or leases to the Florida Fire and Emergency
29  Services Foundation are exempt from the tax imposed by this
30  chapter.
31
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  1         (ddd)(eee)  Railroad roadway materials.--Also exempt
  2  from the tax imposed by this chapter are railroad roadway
  3  materials used in the construction, repair, or maintenance of
  4  railways. Railroad roadway materials shall include rails,
  5  ties, ballasts, communication equipment, signal equipment,
  6  power transmission equipment, and any other track materials.
  7
  8  Exemptions provided to any entity by this subsection shall not
  9  inure to any transaction otherwise taxable under this chapter
10  when payment is made by a representative or employee of such
11  entity by any means, including, but not limited to, cash,
12  check, or credit card even when that representative or
13  employee is subsequently reimbursed by such entity.
14         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE
15  OR FOREIGN COMMERCE.--
16         (a)  The sale or use of vessels and parts thereof used
17  to transport persons or property in interstate or foreign
18  commerce, including commercial fishing vessels, is subject to
19  the taxes imposed in this chapter only to the extent provided
20  herein.  The basis of the tax shall be the ratio of intrastate
21  mileage to interstate or foreign mileage traveled by the
22  carrier's vessels which were used in interstate or foreign
23  commerce and which had at least some Florida mileage during
24  the previous fiscal year. The ratio would be determined at the
25  close of the carrier's fiscal year. However, during the fiscal
26  year in which the vessel begins its initial operations in this
27  state, the vessel's mileage apportionment factor may be
28  determined on the basis of an estimated ratio of anticipated
29  miles in this state to anticipated total miles for that year,
30  and, subsequently, additional tax must be paid on the vessel,
31  or a refund may be applied for, on the basis of the actual
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  1  ratio of the vessel's miles in this state to its total miles
  2  for that year. This ratio shall be applied each month to the
  3  total Florida purchases of such vessels and parts thereof
  4  which are used in Florida to establish that portion of the
  5  total used and consumed in intrastate movement and subject to
  6  the tax at the applicable rate. The basis for imposition of
  7  any discretionary surtax shall be as set forth in s. 212.054.
  8  Items, appropriate to carry out the purposes for which a
  9  vessel is designed or equipped and used, purchased by the
10  owner, operator, or agent of a vessel for use on board such
11  vessel shall be deemed to be parts of the vessel upon which
12  the same are used or consumed. Vessels and parts thereof used
13  to transport persons or property in interstate and foreign
14  commerce are hereby determined to be susceptible to a distinct
15  and separate classification for taxation under the provisions
16  of this chapter. Vessels and parts thereof used exclusively in
17  intrastate commerce do not qualify for the proration of tax.
18         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES
19  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--
20         (a)  Railroads which are licensed as common carriers by
21  the Surface Transportation Board Interstate Commerce
22  Commission and parts thereof used to transport persons or
23  property in interstate or foreign commerce are subject to tax
24  imposed in this chapter only to the extent provided herein.
25  The basis of the tax shall be the ratio of intrastate mileage
26  to interstate or foreign mileage traveled by the carrier
27  during the previous fiscal year of the carrier. Such ratio is
28  to be determined at the close of the carrier's fiscal year.
29  However, during the fiscal year in which the railroad begins
30  its initial operations in this state, the railroad's mileage
31  apportionment factor may be determined on the basis of an
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  1  estimated ratio of anticipated miles in this state to
  2  anticipated total miles for that year, and, subsequently,
  3  additional tax must be paid on the railroad, or a refund may
  4  be applied for, on the basis of the actual ratio of the
  5  railroad's miles in this state to its total miles for that
  6  year. This ratio shall be applied each month to the Florida
  7  total purchases of the railroad which are used in this state
  8  to establish that portion of the total used and consumed in
  9  intrastate movement and subject to tax under this chapter. The
10  basis for imposition of any discretionary surtax is set forth
11  in s. 212.054. Railroads which are licensed as common carriers
12  by the Surface Transportation Board Interstate Commerce
13  Commission and parts thereof used to transport persons or
14  property in interstate and foreign commerce are hereby
15  determined to be susceptible to a distinct and separate
16  classification for taxation under the provisions of this
17  chapter.
18         (b)  Motor vehicles which are engaged in interstate
19  commerce as common carriers, and parts thereof, used to
20  transport persons or property in interstate or foreign
21  commerce are subject to tax imposed in this chapter only to
22  the extent provided herein. The basis of the tax shall be the
23  ratio of intrastate mileage to interstate or foreign mileage
24  traveled by the carrier's motor vehicles which were used in
25  interstate or foreign commerce and which had at least some
26  Florida mileage during the previous fiscal year of the
27  carrier. Such ratio is to be determined at the close of the
28  carrier's fiscal year. However, during the fiscal year in
29  which the carrier begins its initial operations in this state,
30  the carrier's mileage apportionment factor may be determined
31  on the basis of an estimated ratio of anticipated miles in
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  1  this state to anticipated total miles for that year, and,
  2  subsequently, additional tax must be paid on the carrier, or a
  3  refund may be applied for, on the basis of the actual ratio of
  4  the carrier's miles in this state to its total miles for that
  5  year. This ratio shall be applied each month to the Florida
  6  total purchases of such motor vehicles and parts thereof which
  7  are used in this state to establish that portion of the total
  8  used and consumed in intrastate movement and subject to tax
  9  under this chapter. The basis for imposition of any
10  discretionary surtax is set forth in s. 212.054. Motor
11  vehicles which are engaged in interstate commerce, and parts
12  thereof, used to transport persons or property in interstate
13  and foreign commerce are hereby determined to be susceptible
14  to a distinct and separate classification for taxation under
15  the provisions of this chapter. Motor vehicles and parts
16  thereof used exclusively in intrastate commerce do not qualify
17  for the proration of tax.  For purposes of this paragraph,
18  parts of a motor vehicle engaged in interstate commerce
19  include a separate tank not connected to the fuel supply
20  system of the motor vehicle into which diesel fuel is placed
21  to operate a refrigeration unit or other equipment.
22         (2)(a)  The amendments to paragraphs (ff) and (nn) of
23  subsection (7) of s. 212.08, Florida Statutes, by this section
24  apply retroactively to July 1, 2000.
25         (b)  The amendments to the introductory paragraph and
26  to the final, flush-left passage of subsection (7) of s.
27  212.08, Florida Statutes, by this section are made to clarify
28  rather than change existing law, and these amendments apply
29  retroactively to January 1, 2001.
30         Section 11.  Effective upon this act becoming a law and
31  applying retroactively to July 1, 1996, paragraph (c) of
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  1  subsection (5) of section 212.08, Florida Statutes, is amended
  2  to read:
  3         212.08  Sales, rental, use, consumption, distribution,
  4  and storage tax; specified exemptions.--The sale at retail,
  5  the rental, the use, the consumption, the distribution, and
  6  the storage to be used or consumed in this state of the
  7  following are hereby specifically exempt from the tax imposed
  8  by this chapter.
  9         (5)  EXEMPTIONS; ACCOUNT OF USE.--
10         (c)  Machinery and equipment used in production of
11  electrical or steam energy.--
12         1.  The purchase of machinery and equipment for use at
13  a fixed location which machinery and equipment are necessary
14  in the production of electrical or steam energy resulting from
15  the burning of boiler fuels other than residual oil is exempt
16  from the tax imposed by this chapter.  Such electrical or
17  steam energy must be primarily for use in manufacturing,
18  processing, compounding, or producing for sale items of
19  tangible personal property in this state. Use of a de minimis
20  amount of residual fuel to facilitate the burning of
21  nonresidual fuel shall not reduce the exemption otherwise
22  available under this paragraph.
23         2.  In facilities where machinery and equipment are
24  necessary to burn both residual and nonresidual fuels, the
25  exemption shall be prorated. Such proration shall be based
26  upon the production of electrical or steam energy from
27  nonresidual fuels as a percentage of electrical or steam
28  energy from all fuels. If it is determined that 15 percent or
29  less of all electrical or steam energy generated was produced
30  by burning residual fuel, the full exemption shall apply.
31  Purchasers claiming a partial exemption shall obtain such
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  1  exemption by refund of taxes paid, or as otherwise provided in
  2  the department's rules.
  3         3.  The department may adopt rules that provide for
  4  implementation of this exemption. Purchasers of machinery and
  5  equipment qualifying for the exemption provided in this
  6  paragraph shall furnish the vendor department with an
  7  affidavit stating that the item or items to be exempted are
  8  for the use designated herein. Any person furnishing a false
  9  affidavit to the vendor for the purpose of evading payment of
10  any tax imposed under this chapter shall be subject to the
11  penalty set forth in s. 212.085 and as otherwise provided by
12  law. Purchasers with self-accrual authority shall maintain all
13  documentation necessary to prove the exempt status of
14  purchases.
15         Section 12.  Effective July 1, 2001, paragraph (a) of
16  subsection (4), paragraphs (b), (d), and (f) of subsection
17  (5), and subsection (10) of section 212.08, Florida Statutes,
18  are amended to read:
19         212.08  Sales, rental, use, consumption, distribution,
20  and storage tax; specified exemptions.--The sale at retail,
21  the rental, the use, the consumption, the distribution, and
22  the storage to be used or consumed in this state of the
23  following are hereby specifically exempt from the tax imposed
24  by this chapter.
25         (4)  EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES,
26  ETC.--
27         (a)  Also exempt are:
28         1.  Water delivered to the purchaser through pipes or
29  conduits or delivered for irrigation purposes. The sale of
30  drinking water in bottles, cans, or other containers,
31  including water that contains minerals or carbonation in its
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  1  natural state or water to which minerals have been added at a
  2  water treatment facility regulated by the Department of
  3  Environmental Protection or the Department of Health, is
  4  exempt. This exemption does not apply to the sale of drinking
  5  water in bottles, cans, or other containers if carbonation,
  6  minerals, or flavorings, except those added at a water
  7  treatment facility, have been added. Water that has been
  8  enhanced by the addition of minerals, and that does not
  9  contain any added carbonation or flavorings, is also exempt.
10         2.  All fuels used by a public or private utility,
11  including any municipal corporation or rural electric
12  cooperative association, in the generation of electric power
13  or energy for sale.  Fuel other than motor fuel and diesel
14  fuel is taxable as provided in this chapter with the exception
15  of fuel expressly exempt herein.  Motor fuels and diesel fuels
16  are taxable as provided in chapter 206, with the exception of
17  those motor fuels and diesel fuels used by railroad
18  locomotives or vessels to transport persons or property in
19  interstate or foreign commerce, which are taxable under this
20  chapter only to the extent provided herein.  The basis of the
21  tax shall be the ratio of intrastate mileage to interstate or
22  foreign mileage traveled by the carrier's railroad locomotives
23  or vessels that were used in interstate or foreign commerce
24  and that had at least some Florida mileage during the previous
25  fiscal year of the carrier, such ratio to be determined at the
26  close of the fiscal year of the carrier.  This ratio shall be
27  applied each month to the total Florida purchases made in this
28  state of motor and diesel fuels to establish that portion of
29  the total used and consumed in intrastate movement and subject
30  to tax under this chapter. The basis for imposition of any
31  discretionary surtax shall be set forth in s. 212.054. Fuels
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  1  used exclusively in intrastate commerce do not qualify for the
  2  proration of tax.
  3         3.  The transmission or wheeling of electricity.
  4         (5)  EXEMPTIONS; ACCOUNT OF USE.--
  5         (b)  Machinery and equipment used to increase
  6  productive output.--
  7         1.  Industrial machinery and equipment purchased for
  8  exclusive use by a new business in spaceport activities as
  9  defined by s. 212.02 or for use in new businesses which
10  manufacture, process, compound, or produce for sale items of
11  tangible personal property at fixed locations are exempt from
12  the tax imposed by this chapter upon an affirmative showing by
13  the taxpayer to the satisfaction of the department that such
14  items are used in a new business in this state. Such purchases
15  must be made prior to the date the business first begins its
16  productive operations, and delivery of the purchased item must
17  be made within 12 months of that date.
18         2.a.  Industrial machinery and equipment purchased for
19  exclusive use by an expanding facility which is engaged in
20  spaceport activities as defined by s. 212.02 or for use in
21  expanding manufacturing facilities or plant units which
22  manufacture, process, compound, or produce for sale items of
23  tangible personal property at fixed locations in this state
24  are exempt from any amount of tax imposed by this chapter in
25  excess of $50,000 per calendar year upon an affirmative
26  showing by the taxpayer to the satisfaction of the department
27  that such items are used to increase the productive output of
28  such expanded facility or business by not less than 10
29  percent.
30         b.  Notwithstanding any other provision of this
31  section, industrial machinery and equipment purchased for use
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  1  in expanding printing manufacturing facilities or plant units
  2  that manufacture, process, compound, or produce for sale items
  3  of tangible personal property at fixed locations in this state
  4  are exempt from any amount of tax imposed by this chapter upon
  5  an affirmative showing by the taxpayer to the satisfaction of
  6  the department that such items are used to increase the
  7  productive output of such an expanded business by not less
  8  than 10 percent.
  9         3.a.  To receive an exemption provided by subparagraph
10  1. or subparagraph 2., a qualifying business entity shall
11  apply to the department for a temporary tax exemption permit.
12  The application shall state that a new business exemption or
13  expanded business exemption is being sought. Upon a tentative
14  affirmative determination by the department pursuant to
15  subparagraph 1. or subparagraph 2., the department shall issue
16  such permit.
17         b.  The applicant shall be required to maintain all
18  necessary books and records to support the exemption. Upon
19  completion of purchases of qualified machinery and equipment
20  pursuant to subparagraph 1. or subparagraph 2., the temporary
21  tax permit shall be delivered to the department or returned to
22  the department by certified or registered mail.
23         c.  If, in a subsequent audit conducted by the
24  department, it is determined that the machinery and equipment
25  purchased as exempt under subparagraph 1. or subparagraph 2.
26  did not meet the criteria mandated by this paragraph or if
27  commencement of production did not occur, the amount of taxes
28  exempted at the time of purchase shall immediately be due and
29  payable to the department by the business entity, together
30  with the appropriate interest and penalty, computed from the
31  date of purchase, in the manner prescribed by this chapter.
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  1         d.  In the event a qualifying business entity fails to
  2  apply for a temporary exemption permit or if the tentative
  3  determination by the department required to obtain a temporary
  4  exemption permit is negative, a qualifying business entity
  5  shall receive the exemption provided in subparagraph 1. or
  6  subparagraph 2. through a refund of previously paid taxes. No
  7  refund may be made for such taxes unless the criteria mandated
  8  by subparagraph 1. or subparagraph 2. have been met and
  9  commencement of production has occurred.
10         4.  The department shall promulgate rules governing
11  applications for, issuance of, and the form of temporary tax
12  exemption permits; provisions for recapture of taxes; and the
13  manner and form of refund applications and may establish
14  guidelines as to the requisites for an affirmative showing of
15  increased productive output, commencement of production, and
16  qualification for exemption.
17         5.  The exemptions provided in subparagraphs 1. and 2.
18  do not apply to machinery or equipment purchased or used by
19  electric utility companies, communications companies, oil or
20  gas exploration or production operations, publishing firms
21  that do not export at least 50 percent of their finished
22  product out of the state, any firm subject to regulation by
23  the Division of Hotels and Restaurants of the Department of
24  Business and Professional Regulation, or any firm which does
25  not manufacture, process, compound, or produce for sale items
26  of tangible personal property or which does not use such
27  machinery and equipment in spaceport activities as required by
28  this paragraph. The exemptions provided in subparagraphs 1.
29  and 2. shall apply to machinery and equipment purchased for
30  use in phosphate or other solid minerals severance, mining, or
31  processing operations only by way of a prospective credit
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  1  against taxes due under chapter 211 for taxes paid under this
  2  chapter on such machinery and equipment.
  3         6.  For the purposes of the exemptions provided in
  4  subparagraphs 1. and 2., these terms have the following
  5  meanings:
  6         a.  "Industrial machinery and equipment" means tangible
  7  personal property or other property that has a depreciable
  8  life of 3 years or more and that is used as an integral part
  9  in the manufacturing, processing, compounding, or production
10  of tangible personal property for sale or is exclusively used
11  in spaceport activities. A building and its structural
12  components are not industrial machinery and equipment unless
13  the building or structural component is so closely related to
14  the industrial machinery and equipment that it houses or
15  supports that the building or structural component can be
16  expected to be replaced when the machinery and equipment
17  itself is replaced. Heating and air conditioning systems are
18  not industrial machinery and equipment, unless the sole
19  justification for their installation is to meet the
20  requirements of the production process, even though the system
21  may provide incidental comfort to employees or serves, to an
22  insubstantial degree, nonproduction activities. "section 38
23  property" as defined in s. 48(a)(1)(A) and (B)(i) of the
24  Internal Revenue Code, provided "industrial machinery and
25  equipment" shall be construed by regulations adopted by the
26  Department of Revenue to mean tangible property used as an
27  integral part of spaceport activities or of the manufacturing,
28  processing, compounding, or producing for sale of items of
29  tangible personal property. Such term includes parts and
30  accessories only to the extent that the exemption thereof is
31  consistent with the provisions of this paragraph.
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  1         b.  "Productive output" means the number of units
  2  actually produced by a single plant or operation in a single
  3  continuous 12-month period, irrespective of sales. Increases
  4  in productive output shall be measured by the output for 12
  5  continuous months immediately following the completion of
  6  installation of such machinery or equipment over the output
  7  for the 12 continuous months immediately preceding such
  8  installation. However, if a different 12-month continuous
  9  period of time would more accurately reflect the increase in
10  productive output of machinery and equipment purchased to
11  facilitate an expansion, the increase in productive output may
12  be measured during that 12-month continuous period of time if
13  such time period is mutually agreed upon by the Department of
14  Revenue and the expanding business prior to the commencement
15  of production; provided, however, in no case may such time
16  period begin later than 2 years following the completion of
17  installation of the new machinery and equipment. The units
18  used to measure productive output shall be physically
19  comparable between the two periods, irrespective of sales.
20         (d)  Machinery and equipment used under federal
21  procurement contract.--
22         1.  Industrial machinery and equipment purchased by an
23  expanding business which manufactures tangible personal
24  property pursuant to federal procurement regulations at fixed
25  locations in this state are partially exempt from the tax
26  imposed in this chapter on that portion of the tax which is in
27  excess of $100,000 per calendar year upon an affirmative
28  showing by the taxpayer to the satisfaction of the department
29  that such items are used to increase the implicit productive
30  output of the expanded business by not less than 10 percent.
31  The percentage of increase is measured as deflated implicit
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  1  productive output for the calendar year during which the
  2  installation of the machinery or equipment is completed or
  3  during which commencement of production utilizing such items
  4  is begun divided by the implicit productive output for the
  5  preceding calendar year.  In no case may the commencement of
  6  production begin later than 2 years following completion of
  7  installation of the machinery or equipment.
  8         2.  The amount of the exemption allowed shall equal the
  9  taxes otherwise imposed by this chapter in excess of $100,000
10  per calendar year on qualifying industrial machinery or
11  equipment reduced by the percentage of gross receipts from
12  cost-reimbursement type contracts attributable to the plant or
13  operation to total gross receipts so attributable, accrued for
14  the year of completion or commencement.
15         3.  The exemption provided by this paragraph shall
16  inure to the taxpayer only through refund of previously paid
17  taxes.  Such refund shall be made within 30 days of formal
18  approval by the department of the taxpayer's application,
19  which application may be made on an annual basis following
20  installation of the machinery or equipment.
21         4.  For the purposes of this paragraph, the term:
22         a.  "Cost-reimbursement type contracts" has the same
23  meaning as in 32 C.F.R. s. 3-405.
24         b.  "Deflated implicit productive output" means the
25  product of implicit productive output times the quotient of
26  the national defense implicit price deflator for the preceding
27  calendar year divided by the deflator for the year of
28  completion or commencement.
29         c.  "Eligible costs" means the total direct and
30  indirect costs, as defined in 32 C.F.R. ss. 15-202 and 15-203,
31  excluding general and administrative costs, selling expenses,
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  1  and profit, defined by the uniform cost-accounting standards
  2  adopted by the Cost-Accounting Standards Board created
  3  pursuant to 50 U.S.C. s. 2168.
  4         d.  "Implicit productive output" means the annual
  5  eligible costs attributable to all contracts or subcontracts
  6  subject to federal procurement regulations of the single plant
  7  or operation at which the machinery or equipment is used.
  8         e.  "Industrial machinery and equipment" means tangible
  9  personal property, or other property, that has a depreciable
10  life of 3 years or more, that qualifies as an eligible cost
11  under federal procurement regulations, and that is used as an
12  integral part of the process of production of tangible
13  personal property. A building and its structural components
14  are not industrial machinery and equipment unless the building
15  or structural component is so closely related to the
16  industrial machinery and equipment that it houses or supports
17  that the building or structural component can be expected to
18  be replaced when the machinery and equipment itself is
19  replaced. Heating and air conditioning systems are not
20  industrial machinery and equipment, unless the sole
21  justification for their installation is to meet the
22  requirements of the production process, even though the system
23  may provide incidental comfort to employees or serves, to an
24  insubstantial degree, nonproduction activities. "section 38
25  property" as defined in s. 48(a)(1)(A) and (B)(i) of the
26  Internal Revenue Code, provided such industrial machinery and
27  equipment qualified as an eligible cost under federal
28  procurement regulations and are used as an integral part of
29  the tangible personal property production process. Such term
30  includes parts and accessories only to the extent that the
31
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  1  exemption of such parts and accessories is consistent with the
  2  provisions of this paragraph.
  3         f.  "National defense implicit price deflator" means
  4  the national defense implicit price deflator for the gross
  5  national product as determined by the Bureau of Economic
  6  Analysis of the United States Department of Commerce.
  7         5.  The exclusions provided in subparagraph (b)5. apply
  8  to this exemption.  This exemption applies only to machinery
  9  or equipment purchased pursuant to production contracts with
10  the United States Department of Defense and Armed Forces, the
11  National Aeronautics and Space Administration, and other
12  federal agencies for which the contracts are classified for
13  national security reasons.  In no event shall the provisions
14  of this paragraph apply to any expanding business the increase
15  in productive output of which could be measured under the
16  provisions of sub-subparagraph (b)6.b. as physically
17  comparable between the two periods.
18         (f)  Motion picture or video equipment used in motion
19  picture or television production activities and sound
20  recording equipment used in the production of master tapes and
21  master records.--
22         1.  Motion picture or video equipment and sound
23  recording equipment purchased or leased for use in this state
24  in production activities is exempt from the tax imposed by
25  this chapter. The exemption provided by this paragraph shall
26  inure to the taxpayer upon presentation of the certificate of
27  exemption issued to the taxpayer under the provisions of s.
28  288.1258.
29         2.  For the purpose of the exemption provided in
30  subparagraph 1.:
31
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  1         a.  "Motion picture or video equipment" and "sound
  2  recording equipment" includes only tangible personal property,
  3  or other property, that has a depreciable life of 3 years or
  4  more and equipment meeting the definition of "section 38
  5  property" as defined in s. 48(a)(1)(A) and (B)(i) of the
  6  Internal Revenue Code that is used by the lessee or purchaser
  7  exclusively as an integral part of production activities;
  8  however, motion picture or video equipment and sound recording
  9  equipment does not include supplies, tape, records, film, or
10  video tape used in productions or other similar items;
11  vehicles or vessels; or general office equipment not
12  specifically suited to production activities.  In addition,
13  the term does not include equipment purchased or leased by
14  television or radio broadcasting or cable companies licensed
15  by the Federal Communications Commission. Furthermore, a
16  building and its structural components are not motion picture
17  or video equipment and sound recording equipment unless the
18  building or structural component is so closely related to the
19  motion picture or video equipment and sound recording
20  equipment that it houses or supports that the building or
21  structural component can be expected to be replaced when the
22  motion picture or video equipment and sound recording
23  equipment itself is replaced. Heating and air conditioning
24  systems are not motion picture or video equipment and sound
25  recording equipment, unless the sole justification for their
26  installation is to meet the requirements of the production
27  activities, even though the system may provide incidental
28  comfort to employees or serves, to an insubstantial degree,
29  nonproduction activities.
30         b.  "Production activities" means activities directed
31  toward the preparation of a:
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  1         (I)  Master tape or master record embodying sound; or
  2         (II)  Motion picture or television production which is
  3  produced for theatrical, commercial, advertising, or
  4  educational purposes and utilizes live or animated actions or
  5  a combination of live and animated actions. The motion picture
  6  or television production shall be commercially produced for
  7  sale or for showing on screens or broadcasting on television
  8  and may be on film or video tape.
  9         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT
10  OF ANOTHER STATE.--
11         (a)  The tax collected on the sale of a new or used
12  motor vehicle in this state to a resident of another state
13  shall be an amount equal to the sales tax which would be
14  imposed on such sale under the laws of the state of which the
15  purchaser is a resident, except that such tax shall not exceed
16  the tax that would otherwise be imposed under this chapter.
17  At the time of the sale, the purchaser shall execute a
18  notarized statement of his or her intent to license the
19  vehicle in the state of which the purchaser is a resident
20  within 45 days of the sale and of the fact of the payment to
21  the State of Florida of a sales tax in an amount equivalent to
22  the sales tax of his or her state of residence and shall
23  submit the statement to the appropriate sales tax collection
24  agency in his or her state of residence. Nothing in this
25  subsection shall be construed to require the removal of the
26  vehicle from this state following the filing of an intent to
27  license the vehicle in the purchaser's home state if the
28  purchaser licenses the vehicle in his or her home state within
29  45 days after the date of sale. Nothing in this paragraph
30  shall require the payment of tax to this state for assessments
31  made prior to July 1, 2001, if the tax imposed by this section
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  1  has been paid to the state in which the vehicle was licensed
  2  and the department has assessed a like amount of tax on the
  3  same transaction. This applies retroactively to assessments
  4  which have been protested prior to August 1, 1999, and have
  5  not been paid on July 1, 2001.
  6         (b)  Notwithstanding the partial exemption allowed
  7  under paragraph (a), a vehicle is subject to this state's
  8  sales tax at the applicable state sales tax rate plus
  9  authorized surtaxes when the vehicle is purchased by a
10  nonresident corporation or partnership and:
11         1.  An officer of the corporation is a resident of this
12  state;
13         2.  A stockholder of the corporation who owns at least
14  10 percent of the corporation is a resident of this state; or
15         3.  A partner in the partnership who has at least 10
16  percent ownership is a resident of this state.
17
18  However, if the vehicle is removed from this state within 45
19  days after purchase and remains outside the state for a
20  minimum of 180 days, the vehicle may qualify for the partial
21  exemption allowed under paragraph (a) despite the residency of
22  owners or stockholders of the purchasing entity.
23         Section 13.  (1)  It is the intent of the Legislature
24  to provide guidance in tax matters that 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 s. 212.08, Florida Statutes.
28         (2)  It is the purpose of the amendment to s.
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
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  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 14.  Subsection (6) of section 212.084, Florida
  5  Statutes, is repealed.
  6         Section 15.  Effective upon this act becoming a law,
  7  and applying retroactively to June 1, 2001, if this act does
  8  not become a law by that date, section 4 of chapter 96-395,
  9  Laws of Florida, is repealed.
10         Section 16.  Subsection (2) of section 213.285, Florida
11  Statutes, is amended to read:
12         213.285  Certified audits.--
13         (2)(a)  The department is authorized to initiate a
14  certified audits project to further enhance tax compliance
15  reviews performed by qualified practitioners and to encourage
16  taxpayers to hire qualified practitioners at their own expense
17  to review and report on their tax compliance.  The nature of
18  certified audit work performed by qualified practitioners
19  shall be agreed-upon procedures in which the department is the
20  specified user of the resulting report.
21         (b)  As an incentive for taxpayers to incur the costs
22  of a certified audit, the department shall compromise
23  penalties and abate interest due on any tax liabilities
24  revealed by a certified audit as provided in s. 213.21.  This
25  authority to compromise penalties or abate interest shall not
26  apply to any liability for taxes that were collected by the
27  participating taxpayer but that were not remitted to the
28  department.
29         (c)  The certified audits project is repealed on July
30  1, 2006 2002, or upon completion of the project as determined
31  by the department, whichever occurs first.
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  1         Section 17.  Paragraph (n) of subsection (7) of section
  2  213.053, Florida Statutes, is amended to read:
  3         213.053  Confidentiality and information sharing.--
  4         (7)  Notwithstanding any other provision of this
  5  section, the department may provide:
  6         (n)  Information contained in returns, reports,
  7  accounts, or declarations to the Board of Accountancy in
  8  connection with a disciplinary proceeding conducted pursuant
  9  to chapter 473 when related to a certified public accountant
10  participating in the certified audits project, or to the court
11  in connection with a civil proceeding brought by the
12  department relating to a claim for recovery of taxes due to
13  negligence on the part of a certified public accountant
14  participating in the certified audits project.  In any
15  judicial proceeding brought by the department, upon motion for
16  protective order, the court shall limit disclosure of tax
17  information when necessary to effectuate the purposes of this
18  section.  This paragraph is repealed on July 1, 2006 2002.
19
20  Disclosure of information under this subsection shall be
21  pursuant to a written agreement between the executive director
22  and the agency.  Such agencies, governmental or
23  nongovernmental, shall be bound by the same requirements of
24  confidentiality as the Department of Revenue.  Breach of
25  confidentiality is a misdemeanor of the first degree,
26  punishable as provided by s. 775.082 or s. 775.083.
27         Section 18.  Subsection (8) of section 213.21, Florida
28  Statutes, is amended to read:
29         213.21  Informal conferences; compromises.--
30         (8)  In order to determine whether certified audits are
31  an effective tool in the overall state tax collection effort,
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  1  the executive director of the department or the executive
  2  director's designee shall settle or compromise penalty
  3  liabilities of taxpayers who participate in the certified
  4  audits project.  As further incentive for participating in the
  5  program, the department shall abate the first $25,000 of any
  6  interest liability and 25 percent of any interest due in
  7  excess of the first $25,000. A settlement or compromise of
  8  penalties or interest pursuant to this subsection shall not be
  9  subject to the provisions of paragraph (3)(a), except for the
10  requirement relating to confidentiality of records.  The
11  department may consider an additional compromise of tax or
12  interest pursuant to the provisions of paragraph (3)(a).  This
13  subsection does not apply to any liability related to taxes
14  collected but not remitted to the department.  This subsection
15  is repealed on July 1, 2006 2002.
16         Section 19.  (1)  Subsection (3) is added to section
17  213.30, Florida Statutes, to read:
18         213.30  Compensation for information relating to a
19  violation of the tax laws.--
20         (1)  The executive director of the department, pursuant
21  to rules adopted by the department, is authorized to
22  compensate persons providing information to the department
23  leading to:
24         (a)  The punishment of, or collection of taxes,
25  penalties, or interest from, any person with respect to the
26  taxes enumerated in s. 213.05.  The amount of any payment made
27  under this paragraph may not exceed 10 percent of any tax,
28  penalties, or interest collected as a result of such
29  information.
30         (b)  The identification and registration of a taxpayer
31  who is not in compliance with the registration requirements of
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  1  any tax statute that is listed in s. 213.05.  The amount of
  2  the payment made to any person who provides information to the
  3  department which results in the registration of a noncompliant
  4  taxpayer shall be $100.  The reward authorized in this
  5  paragraph shall be paid only if the noncompliant taxpayer:
  6         1.  Conducts business from a permanent, fixed location;
  7         2.  Is engaged in a bona fide taxable activity; and
  8         3.  Is found by the department to have an unpaid tax
  9  liability.
10         (2)  Any employee of the department or of any other
11  state or federal agency who comes into possession of
12  information relating to a violation of a revenue law while an
13  employee of such agency may provide information to the
14  department of the type described in subsection (1), but the
15  employee may not be compensated under this section.  Any
16  former employee of the department or any other state or
17  federal agency who came into possession of information
18  relating to a violation of a revenue law while an employee of
19  such agency may provide information to the department of the
20  type described in subsection (1), but the former employee may
21  not receive compensation under this section.
22         (3)  Notwithstanding the provisions of any other law,
23  this section is the sole means by which any person may obtain
24  any compensation as the result of, or in relation to, the
25  failure by another person to comply with the tax laws of this
26  state. The use of any other law to obtain compensation for
27  such failure is in derogation of this statute and conflicts
28  with the state's duty to administer the tax laws.
29         (2)  The amendment to s. 213.30, Florida Statutes, by
30  this section does not apply to any case in litigation or under
31  seal on the effective date of this section.
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  1         Section 20.  Subsection (9) of section 213.27, Florida
  2  Statutes, is repealed.
  3         Section 21.  Section 213.256, Florida Statutes, is
  4  created to read:
  5         213.256  Simplified Sales and Use Tax Administration
  6  Act.--
  7         (1)  As used in this section:
  8         (a)  "Department" means the Department of Revenue.
  9         (b)  "Agreement" means the Streamlined Sales and Use
10  Tax Agreement as amended and adopted on January 27, 2001, by
11  the Executive Committee of the National Conference of State
12  Legislatures.
13         (c)  "Certified automated system" means software
14  certified jointly by the states that are signatories to the
15  agreement to calculate the tax imposed by each jurisdiction on
16  a transaction, determine the amount of tax to remit to the
17  appropriate state, and maintain a record of the transaction.
18         (d)  "Certified service provider" means an agent
19  certified jointly by the states that are signatories to the
20  agreement to perform all of the seller's sales tax functions.
21         (e)  "Person" means an individual, trust, estate,
22  fiduciary, partnership, limited liability company, limited
23  liability partnership, corporation, or any other legal entity.
24         (f)  "Sales tax" means the tax levied under chapter
25  212.
26         (g)  "Seller" means any person making sales, leases, or
27  rentals of personal property or services.
28         (h)  "State" means any state of the United States and
29  the District of Columbia.
30         (i)  "Use tax" means the tax levied under chapter 212.
31
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  1         (2)(a)  The executive director of the department shall
  2  enter into the Streamlined Sales and Use Tax Agreement with
  3  one or more states to simplify and modernize sales and use tax
  4  administration in order to substantially reduce the burden of
  5  tax compliance for all sellers and for all types of commerce.
  6  In furtherance of the agreement, the executive director of the
  7  department or his or her designee shall act jointly with other
  8  states that are members of the agreement to establish
  9  standards for certification of a certified service provider
10  and certified automated system and establish performance
11  standards for multistate sellers.
12         (b)  The executive director of the department or his or
13  her designee shall take other actions reasonably required to
14  administer this section. Other actions authorized by this
15  section include, but are not limited to, the adoption of rules
16  and the joint procurement, with other member states, of goods
17  and services in furtherance of the cooperative agreement.
18         (c)  The executive director of the department or his or
19  her designee may represent this state before the other states
20  that are signatories to the agreement.
21         (3)  The executive director of the department shall not
22  enter into the Streamlined Sales and Use Tax Agreement unless
23  the agreement requires each state to abide by the following
24  requirements:
25         (a)  The agreement must set restrictions to limit, over
26  time, the number of state tax rates.
27         (b)  The agreement must establish uniform standards
28  for:
29         1.  The sourcing of transactions to taxing
30  jurisdictions.
31         2.  The administration of exempt sales.
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  1         3.  Sales and use tax returns and remittances.
  2         (c)  The agreement must provide a central electronic
  3  registration system that allows a seller to register to
  4  collect and remit sales and use taxes for all signatory
  5  states.
  6         (d)  The agreement must provide that registration with
  7  the central registration system and the collection of sales
  8  and use taxes in the signatory state will not be used as a
  9  factor in determining whether the seller has nexus with a
10  state for any tax.
11         (e)  The agreement must provide for reduction of the
12  burdens of complying with local sales and use taxes through:
13         1.  Restricting variances between the state and local
14  tax bases.
15         2.  Requiring states to administer any sales and use
16  taxes levied by local jurisdictions within the state so that
17  sellers who collect and remit these taxes will not have to
18  register or file returns with, remit funds to, or be subject
19  to independent audits from local taxing jurisdictions.
20         3.  Restricting the frequency of changes in the local
21  sales and use tax rates and setting effective dates for the
22  application of local jurisdictional boundary changes to local
23  sales and use taxes.
24         4.  Providing notice of changes in local sales and use
25  tax rates and of local changes in the boundaries of local
26  taxing jurisdictions.
27         (f)  The agreement must outline any monetary allowances
28  that are to be provided by the states to sellers or certified
29  service providers. The agreement must allow for a joint study
30  by the public and private sectors, which must be completed by
31  July 1, 2002, of the compliance cost to sellers and certified
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  1  service providers of collecting sales and use taxes for state
  2  and local governments under various levels of complexity.
  3         (g)  The agreement must require each state to certify
  4  compliance with the terms of the agreement before joining and
  5  to maintain compliance, under the laws of the member state,
  6  with all provisions of the agreement while a member.
  7         (h)  The agreement must require each state to adopt a
  8  uniform policy for certified service providers which protects
  9  the privacy of consumers and maintains the confidentiality of
10  tax information.
11         (i)  The agreement must provide for the appointment of
12  an advisory council of private sector representatives and an
13  advisory council of nonmember state representatives to consult
14  within the administration of the agreement.
15         (4)  For the purposes of reviewing or amending the
16  agreement to embody the simplification requirements as set
17  forth in subsection (3), this state shall enter into
18  multistate discussions. For purposes of such discussions, this
19  state shall be represented by three delegates, one appointed
20  by the President of the Senate, one appointed by the Speaker
21  of the House of Representatives, and the executive director of
22  the department or his or her designee.
23         (5)  No provision of the agreement authorized by this
24  section in whole or in part invalidates or amends any
25  provision of the laws of this state. Adoption of the agreement
26  by this state does not amend or modify any law of the state.
27  Implementation of any condition of the agreement in this
28  state, whether adopted before, at, or after membership of this
29  state in the agreement, must be by the action of the state.
30         (6)  The agreement authorized by this section is an
31  accord among individual cooperating sovereigns in furtherance
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  1  of their governmental functions. The agreement provides a
  2  mechanism among the member states to establish and maintain a
  3  cooperative, simplified system for the application and
  4  administration of sales and use taxes under the duly adopted
  5  law of each member state.
  6         (7)(a)  The agreement authorized by this act binds and
  7  inures only to the benefit of this state and the other member
  8  states. No person, other than a member state, is an intended
  9  beneficiary of the agreement. Any benefit to a person other
10  than a state is established by the laws of this state and of
11  other member states and not by the terms of the agreement.
12         (b)  Consistent with paragraph (a), no person has any
13  cause of action or defense under the agreement or by virtue of
14  this state's approval of the agreement. No person may
15  challenge, in any action brought under any provision of law,
16  any action or inaction by any department, agency, or other
17  instrumentality of this state, or of any political subdivision
18  of this state, on the ground that the action or inaction is
19  inconsistent with the agreement.
20         (c)  No law of this state, or the application thereof,
21  may be declared invalid as to any person or circumstance on
22  the ground that the provision or application is inconsistent
23  with the agreement.
24         (8)(a)  A certified service provider is the agent of a
25  seller with whom the certified service provider has contracted
26  for the collection and remittance of sales and use taxes. As
27  the seller's agent, the certified service provider is liable
28  for sales and use tax due each member state on all sales
29  transactions it processes for the seller except as set out in
30  this subsection.
31
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  1         (b)  A seller that contracts with a certified service
  2  provider is not liable to the state for sales or use tax due
  3  on transactions processed by the certified service provider
  4  unless the seller has misrepresented the type of items it
  5  sells or has committed fraud. In the absence of probable cause
  6  to believe that the seller has committed fraud or made a
  7  material misrepresentation, the seller is not subject to audit
  8  on the transactions processed by the certified service
  9  provider. A seller is subject to audit for transactions that
10  have not been processed by the certified service provider. The
11  member states acting jointly may perform a system check of the
12  seller and review the seller's procedures to determine if the
13  certified service provider's system is functioning properly
14  and to determine the extent to which the seller's transactions
15  are being processed by the certified service provider.
16         (c)  A person that provides a certified automated
17  system is responsible for the proper functioning of that
18  system and is liable to the state for underpayments of tax
19  attributable to errors in the functioning of the certified
20  automated system. A seller that uses a certified automated
21  system remains responsible and is liable to the state for
22  reporting and remitting tax.
23         (d)  A seller that has a proprietary system for
24  determining the amount of tax due on transactions and has
25  signed an agreement establishing a performance standard for
26  that system is liable for the failure of the system to meet
27  the performance standard.
28         (9)  Disclosure of information necessary under this
29  section must be pursuant to a written agreement between the
30  executive director of the department or his or her designee
31  and the certified service provider. The certified service
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  1  provider is bound by the same requirements of confidentiality
  2  as the department. Breach of confidentiality is a misdemeanor
  3  of the first degree, punishable as provided in s. 775.082 or
  4  s. 775.083.
  5         (10)  On or before January 1 annually, the department
  6  shall provide recommendations to the President of the Senate,
  7  the Senate Minority Leader, the Speaker of the House of
  8  Representatives, and the Minority Leader of the House of
  9  Representatives for provisions to be adopted for inclusion
10  within the system which are necessary to bring it into
11  compliance with the Streamlined Sales and Use Tax Agreement.
12         Section 22.  Notwithstanding section 10 of chapter
13  90-110, Laws of Florida, subsection (3) of s. 215.20, Florida
14  Statutes, shall not expire on October 1, 2001, as scheduled by
15  that section, but subsection (3) of s. 215.20, Florida
16  Statutes, is revived and readopted.
17         Section 23.  Effective July 1, 2001, subsection (4) of
18  section 220.22, Florida Statutes, is amended to read:
19         220.22  Returns; filing requirement.--
20         (4)  The department shall designate by rule certain
21  not-for-profit entities and others that are not required to
22  file a return, including an initial information return, under
23  this code unless the entities have taxable income as defined
24  in s. 220.13(2). These entities shall include subchapter S
25  corporations, tax-exempt entities, and others that do not
26  usually owe federal income tax. For the year in which an
27  election is made pursuant to s. 1361(b)(3) of the Internal
28  Revenue Code, the qualified subchapter S subsidiary shall file
29  an informational return with the department, which return
30  shall be restricted to information identifying the subsidiary,
31
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  1  the electing S corporation parent, and the effective date of
  2  the election.
  3         Section 24.  Paragraph (e) of subsection (3) of section
  4  443.131, Florida Statutes, is amended to read:
  5         443.131  Contributions.--
  6         (3)  CONTRIBUTION RATES BASED ON BENEFIT EXPERIENCE.--
  7         (e)1.  Variations from the standard rate of
  8  contributions shall be assigned with respect to each calendar
  9  year to employers eligible therefor. In determining the
10  contribution rate, varying from the standard rate to be
11  assigned each employer, adjustment factors provided for in
12  sub-subparagraphs a.-c. will be added to the benefit ratio.
13  This addition will be accomplished in two steps by adding a
14  variable adjustment factor and a final adjustment factor as
15  defined below. The sum of these adjustment factors provided
16  for in sub-subparagraphs a.-c. will first be algebraically
17  summed. The sum of these adjustment factors will then be
18  divided by a gross benefit ratio to be determined as follows:
19  Total benefit payments for the previous 3 years, as defined in
20  subparagraph (b)1., charged to employers eligible to be
21  assigned a contribution rate different from the standard rate
22  minus excess payments for the same period divided by taxable
23  payroll entering into the computation of individual benefit
24  ratios for the calendar year for which the contribution rate
25  is being computed. The ratio of the sum of the adjustment
26  factors provided for in sub-subparagraphs a.-c. to the gross
27  benefit ratio will be multiplied by each individual benefit
28  ratio below the maximum tax rate to obtain variable adjustment
29  factors; except that in any instance in which the sum of an
30  employer's individual benefit ratio and variable adjustment
31  factor exceeds the maximum tax rate, the variable adjustment
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  1  factor will be reduced so that the sum equals the maximum tax
  2  rate. The variable adjustment factor of each such employer
  3  will be multiplied by his or her taxable payroll entering into
  4  the computation of his or her benefit ratio. The sum of these
  5  products will be divided by the taxable payroll of such
  6  employers that entered into the computation of their benefit
  7  ratios. The resulting ratio will be subtracted from the sum of
  8  the adjustment factors provided for in sub-subparagraphs a.-c.
  9  to obtain the final adjustment factor. The variable adjustment
10  factors and the final adjustment factor will be computed to
11  five decimal places and rounded to the fourth decimal place.
12  This final adjustment factor will be added to the variable
13  adjustment factor and benefit ratio of each employer to obtain
14  each employer's contribution rate; however, at no time shall
15  an employer's contribution rate be rounded to less than 0.1
16  percent.
17         a.  An adjustment factor for noncharge benefits will be
18  computed to the fifth decimal place, and rounded to the fourth
19  decimal place, by dividing the amount of benefit payments
20  noncharged in the 3 preceding years as defined in subparagraph
21  (b)1. by the taxable payroll of employers eligible to be
22  considered for assignment of a contribution rate different
23  from the standard rate that have a benefit ratio for the
24  current year less than the maximum contribution rate. The
25  taxable payroll of such employers will be the taxable payrolls
26  for the 3 years ending June 30 of the current calendar year
27  that had been reported to the division by September 30 of the
28  same calendar year. Noncharge benefits for the purpose of this
29  section shall be defined as benefit payments to an individual
30  which were paid from the Unemployment Compensation Trust Fund
31
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  1  but which were not charged to the unemployment record of any
  2  employer.
  3         b.  An excess payments adjustment factor will be
  4  computed to the fifth decimal place, and rounded to the fourth
  5  decimal place, by dividing the total excess payments during
  6  the 3 preceding years as defined in subparagraph (b)1. by the
  7  taxable payroll of employers eligible to be considered for
  8  assignment of a contribution rate different from the standard
  9  rate that have a benefit ratio for the current year less than
10  the maximum contribution rate. The taxable payroll of such
11  employers will be the same as used in computing the noncharge
12  adjustment factor as described in sub-subparagraph a. The term
13  "excess payments" for the purpose of this section is defined
14  as the amount of benefit payments charged to the employment
15  record of an employer during the 3 preceding years, as defined
16  in subparagraph (b)1., less the product of the maximum
17  contribution rate and his or her taxable payroll for the 3
18  years ending June 30 of the current calendar year that had
19  been reported to the division by September 30 of the same
20  calendar year. The term "total excess payments" is defined as
21  the sum of the individual employer excess payments for those
22  employers that were eligible to be considered for assignment
23  of a contribution rate different from the standard rate.
24         c.  If the balance in the Unemployment Compensation
25  Trust Fund as of June 30 of the calendar year immediately
26  preceding the calendar year for which the contribution rate is
27  being computed is less than 3.7 4 percent of the taxable
28  payrolls for the year ending June 30 as reported to the
29  division by September 30 of that calendar year, a positive
30  adjustment factor will be computed. Such adjustment factor
31  shall be computed annually to the fifth decimal place, and
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  1  rounded to the fourth decimal place, by dividing the sum of
  2  the total taxable payrolls for the year ending June 30 of the
  3  current calendar year as reported to the division by September
  4  30 of such calendar year into a sum equal to one-fourth of the
  5  difference between the amount in the fund as of June 30 of
  6  such calendar year and the sum of 4.7 5 percent of the total
  7  taxable payrolls for that year. Such adjustment factor will
  8  remain in effect in subsequent years until a balance in the
  9  Unemployment Compensation Trust Fund as of June 30 of the year
10  immediately preceding the effective date of such contribution
11  rate equals or exceeds 3.7 4 percent of the taxable payrolls
12  for the year ending June 30 of the current calendar year as
13  reported to the division by September 30 of that calendar
14  year. If the balance in the Unemployment Compensation Trust
15  Fund as of June 30 of the year immediately preceding the
16  calendar year for which the contribution rate is being
17  computed exceeds 4.7 5 percent of the taxable payrolls for the
18  year ending June 30 of the current calendar year as reported
19  to the division by September 30 of that calendar year, a
20  negative adjustment factor will be computed. Such adjustment
21  factor shall be computed annually to the fifth decimal place,
22  and rounded to the fourth decimal place, by dividing the sum
23  of the total taxable payrolls for the year ending June 30 of
24  the current calendar year as reported to the division by
25  September 30 of such calendar year into a sum equal to
26  one-fourth of the difference between the amount in the fund as
27  of June 30 of the current calendar year and 4.7 5 percent of
28  the total taxable payrolls of such year. Such adjustment
29  factor will remain in effect in subsequent years until the
30  balance in the Unemployment Compensation Trust Fund as of June
31  30 of the year immediately preceding the effective date of
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  1  such contribution rate is less than 4.7 5 percent but more
  2  than 3.7 4 percent of the taxable payrolls for the year ending
  3  June 30 of the current calendar year as reported to the
  4  division by September 30 of that calendar year.
  5         d.  The maximum contribution rate that can be assigned
  6  to any employer shall be 5.4 percent, except those employers
  7  participating in an approved short-time compensation plan in
  8  which case the maximum shall be 1 percent above the current
  9  maximum contribution rate, with respect to any calendar year
10  in which short-time compensation benefits are in the
11  employer's employment record.
12         2.  In the event of the transfer of employment records
13  to an employing unit pursuant to paragraph (g) which, prior to
14  such transfer, was an employer, the division shall recompute a
15  benefit ratio for the successor employer on the basis of the
16  combined employment records and reassign an appropriate
17  contribution rate to such successor employer as of the
18  beginning of the calendar quarter immediately following the
19  effective date of such transfer of employment records.
20         Section 25.  (1)  Section 443.1315, Florida Statutes,
21  is created to read:
22         443.1315  Treatment of Indian tribes.--
23         (1)  As used in this section:
24         (a)  "Employer" includes any Indian tribe for which
25  service in employment as defined by this chapter is performed.
26         (b)  "Employment" includes service performed in the
27  employ of an Indian tribe, as defined by s. 3306(u) of the
28  Federal Unemployment Tax Act, provided such service is
29  excluded from "employment," as defined by said act, solely by
30  reason of s. 3306(c)(7) of said act and is not otherwise
31  excluded from "employment" under this chapter. For purposes of
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  1  this section, the exclusions from employment under s.
  2  443.036(21)(d) shall be applicable to services performed in
  3  the employ of an Indian tribe.
  4         (2)  Benefits based on service in employment, as
  5  defined by this section, shall be payable in the same amount,
  6  on the same terms, and subject to the same conditions as
  7  benefits payable on the basis of other service subject to this
  8  chapter.
  9         (3)(a)  Indian tribes or tribal units, including
10  subdivisions, subsidiaries, or business enterprises wholly
11  owned by such Indian tribes, subject to this chapter shall pay
12  contributions under the same terms and conditions as all other
13  subject employers, unless they elect to pay into the
14  Unemployment Compensation Trust Fund amounts equal to the
15  amount of benefits attributable to service in the employ of
16  the Indian tribe.
17         (b)  Indian tribes electing to make payments in lieu of
18  contributions must make such election in the same manner and
19  under the same conditions as provided by s. 443.131 for state
20  and local governments and nonprofit organizations subject to
21  this chapter. Indian tribes shall determine if reimbursement
22  for benefits paid will be elected by the tribe as a whole, by
23  individual tribal units, or by combinations of individual
24  tribal units.
25         (c)  Indian tribes or tribal units shall be billed for
26  the full amount of benefits attributable to service in the
27  employ of the Indian tribe or tribal unit on the same schedule
28  as other employing units that have elected to make payments in
29  lieu of contributions.
30         (d)  At the discretion of the director of the Agency
31  for Workforce Innovation or his or her designee, any Indian
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  1  tribe or tribal unit that elects to become liable for payments
  2  in lieu of contributions shall be required, within 90 days
  3  after the effective date of its election, to:
  4         1.  Execute and file with the director or his or her
  5  designee a surety bond approved by the director or his or her
  6  designee; or
  7         2.  Deposit with the director or his or her designee
  8  money or securities on the same basis as other employers with
  9  the same election option.
10         (4)(a)1.  Failure of the Indian tribe or tribal unit to
11  make required payments, including assessments of interest and
12  penalty, within 90 days after receipt of the bill, will cause
13  the Indian tribe to lose the option to make payments in lieu
14  of contributions, as described in subsection (3), for the
15  following tax year, unless payment in full is received before
16  contribution rates for the next tax year are computed.
17         2.  Any Indian tribe that loses the option to make
18  payments in lieu of contributions due to late payment or
19  nonpayment, as described in subparagraph 1., shall have such
20  option reinstated if, after a period of 1 year, all
21  contributions have been made timely, provided no
22  contributions, payments in lieu of contributions for benefits
23  paid, penalties, or interest remain outstanding.
24         (b)1.  Failure of the Indian tribe or any tribal unit
25  thereof to make required payments, including assessments of
26  interest and penalty, after all collection activities deemed
27  necessary by the director of the Agency for Workforce
28  Innovation or his or her designee have been exhausted, will
29  cause services performed for such tribe to not be treated as
30  "employment" for purposes of paragraph (1)(b).
31
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  1         2.  The director or his or her designee may determine
  2  that any Indian tribe that loses coverage under subparagraph
  3  1. may have services performed for such tribe again included
  4  as "employment" for purposes of paragraph (1)(b) if all
  5  contributions, payments in lieu of contributions, penalties,
  6  and interest have been paid.
  7         (c)  If an Indian tribe fails to make payments required
  8  under this section, including assessments of interest and
  9  penalty, within 90 days after a final notice of delinquency,
10  the director of the Agency for Workforce Innovation shall
11  immediately notify the United States Internal Revenue Service
12  and the United States Department of Labor.
13         (5)  Notices of payment and reporting delinquency to
14  Indian tribes or their tribal units shall include information
15  that failure to make full payment within the prescribed
16  timeframe:
17         (a)  Will cause the Indian tribe to be liable for taxes
18  under the Federal Unemployment Tax Act.
19         (b)  Will cause the Indian tribe to lose the option to
20  make payments in lieu of contributions.
21         (c)  Could cause the Indian tribe to be excepted from
22  the definition of "employer," as provided in paragraph (1)(a),
23  and services in the employ of the Indian tribe, as provided in
24  paragraph (1)(b), to be excepted from "employment."
25         (6)  Extended benefits paid that are attributable to
26  service in the employ of an Indian tribe and not reimbursed by
27  the Federal Government shall be financed in their entirety by
28  such Indian tribe.
29         (7)  The Agency for Workforce Innovation is authorized
30  to adopt any rules it deems necessary to implement this
31  section.
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  1         (2)  This section shall take effect upon this act
  2  becoming a law and shall apply retroactively to December 21,
  3  2000.
  4         Section 26.  Effective July 1, 2001, subsection (10) of
  5  section 624.509, Florida Statutes, is repealed.
  6         Section 27.  Except as otherwise provided herein, this
  7  act shall take effect upon becoming a law.
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  1            *****************************************
  2                          HOUSE SUMMARY
  3
      Revises provisions relating to tax administration in the
  4    following areas:
           1.  Provides for application of various
  5    administrative provisions when the Department of Revenue
      is performing unemployment compensation tax collection
  6    services pursuant to a contract with the Agency for
      Workforce Innovation.
  7         2.  Provides that the documentary stamp tax does not
      apply to a contract to sell the residence of an employee
  8    who is relocating at his or her employer's direction
      under specified circumstances.
  9         3.  Provides exemptions from the documentary stamp
      tax and the tax on the lease or rental of or license in
10    real property for certain regional transmission
      organizations.
11         4.  Provides conditions for receipt of sales tax
      exemptions under ch. 212 and s. 212.08(7), F.S.
12    Reinstates the sales tax exemption for parent-teacher
      organizations and removes the repeal of the exemptions
13    for certain citizen support organizations and the Florida
      Folk Festival.  Provides for determination of a mileage
14    apportionment factor for the first year of operation in
      this state of vessels, railroads, and vehicles engaged in
15    interstate commerce.  Revises application of the sales
      tax exemption for bottled drinking water.  Replaces
16    references to "section 38 property" with specific
      definitions. Provides that the partial sales tax
17    exemption for a vehicle sold to a resident of another
      state does not require payment of tax to this state for
18    prior assessments under certain conditions.  Provides
      conditions under which a vehicle purchased by a
19    nonresident corporation or partnership is not eligible
      for the partial sales tax exemption.  Corrects language
20    and deletes obsolete provisions.
           5.  Delays until 2006 the repeal of the certified
21    audits project.
           6.  Specifies that s. 213.30, F.S., is the only
22    means of obtaining compensation for information regarding
      a violation of tax laws.
23         7.  Authorizes the state's participation in the
      Streamlined Sales and Use Tax Agreement.
24         8.  Provides that s. 215.20(3), F.S., which provides
      for deduction of a service charge from certain trust
25    funds, shall not be repealed October 1, 2001.
           9.  Directs the department to designate by rule
26    entities that are not required to file a corporate tax
      return or initial information return.
27         10.  Reduces the Unemployment Compensation Trust
      Fund balance thresholds used in computing contribution
28    rate adjustment factors. Provides for treatment of Indian
      tribes under the Unemployment Compensation Law.
29         11.  Repeals an exemption from the insurance premium
      tax for insurers who write monoline flood insurance
30    policies.
31
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