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

                                  17

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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

                                  26

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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

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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.

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