House Bill hb1981e2

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                                         HB 1981, Second Engrossed



  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         212.08, F.S.; reducing the maximum amount of

16         the tax which is imposed upon industrial

17         machinery and equipment; amending s. 213.053,

18         F.S.; providing application of confidentiality

19         and information sharing provisions to ch. 443,

20         F.S., while the department is performing such

21         tax collection services; amending s. 11, ch.

22         2000-165, Laws of Florida; specifying that the

23         department is administering a revenue law when

24         it provides such tax collection services and

25         specifying the provisions of ch. 213, F.S.,

26         that apply thereto; amending s. 201.02, F.S.;

27         providing that the documentary stamp tax on

28         deeds and other instruments relating to real

29         property or interests in real property does not

30         apply to a contract to sell the residence of an

31         employee relocating at an employer's direction,


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                                         HB 1981, Second Engrossed



  1         or related documents, under specified

  2         circumstances; providing intent; exempting

  3         deeds and other instruments whereby property is

  4         conveyed from an electric utility to a regional

  5         transmission organization from said tax under

  6         certain circumstances; amending s. 212.02,

  7         F.S.; excluding from the definition of "lease,"

  8         "let," "rental," or "license" payments made by

  9         such an organization to an electric utility

10         under certain conditions; amending s. 212.031,

11         F.S.; exempting property occupied or used by

12         certain regional transmission organizations

13         from the tax on the lease or rental of or

14         license in real property; amending s. 212.06,

15         F.S.; revising the definition of "fixtures" for

16         purposes of determining if a person is

17         improving real property under ch. 212, F.S.;

18         providing intent; amending s. 212.08, F.S.;

19         specifying conditions for receipt of sales tax

20         exemptions provided to an entity under ch. 212,

21         F.S., and subsection (7) of said section;

22         providing for retroactive application; deleting

23         obsolete provisions relating to registration

24         with the WAGES Program Business Registry;

25         providing for retroactive application;

26         reinstating retroactively the sales tax

27         exemption for parent-teacher organizations and

28         parent-teacher associations; eliminating the

29         specific sales tax exemption for organizations

30         providing crime prevention, drunk driving

31         prevention, and juvenile delinquency prevention


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                                         HB 1981, Second Engrossed



  1         services; providing for determination of a

  2         mileage apportionment factor for the first year

  3         of operation in this state of vessels,

  4         railroads, or motor vehicles engaged in

  5         interstate or foreign commerce and entitled to

  6         a partial sales tax exemption; correcting

  7         references; requiring a purchaser to file an

  8         affidavit stating the exempt nature of a

  9         purchase with the vendor instead of the

10         department for purposes of the sales tax

11         exemption for machinery and equipment used to

12         produce electrical or steam energy; providing

13         for retroactive application; revising the

14         application of the sales tax exemption for the

15         sale of drinking water in bottles or other

16         containers; replacing the definitions of

17         "section 38 property" with express definitions

18         of "industrial machinery and equipment" and

19         "motion picture or video equipment" and "sound

20         recording equipment" for purposes of the sales

21         tax exemptions therefor; providing intent and

22         purpose; providing that provisions authorizing

23         a partial sales tax exemption for a motor

24         vehicle sold to a resident of another state do

25         not require payment of tax to this state for

26         prior assessments under certain conditions;

27         providing for retroactive application;

28         providing that a vehicle purchased by a

29         nonresident corporation or partnership is not

30         eligible for the partial sales tax exemption

31         under certain circumstances; repealing s.


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                                         HB 1981, Second Engrossed



  1         212.084(6), F.S.; eliminating provisions for

  2         temporary sales tax exemption certificates for

  3         newly organized charitable organizations;

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

  5         which provides for the repeal of sales tax

  6         exemptions for certain citizen support

  7         organizations and the Florida Folk Festival;

  8         providing for retroactive application; amending

  9         s. 213.285, F.S.; delaying the future repeal of

10         the certified audits project; amending ss.

11         213.053 and 213.21, F.S., to conform; amending

12         s. 213.30, F.S., relating to compensation for

13         information relating to a violation of tax

14         laws; specifying that said section is the only

15         available means of obtaining compensation for

16         information regarding another person's failure

17         to comply with the state's tax laws; providing

18         applicability; repealing s. 213.27(9), F.S.,

19         which authorizes the department to contract

20         with certain vendors to develop and implement a

21         voluntary system for sales and use tax

22         collection and administration; creating s.

23         213.256, F.S., the Simplified Sales and Use Tax

24         Administration Act; defining terms; authorizing

25         the department's participation in the

26         Streamlined Sales and Use Tax Agreement;

27         providing that the agreement must require each

28         state to abide by certain requirements in order

29         for the department to enter into the agreement;

30         authorizing the state to enter into multistate

31         discussions and providing for appointment of


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                                         HB 1981, Second Engrossed



  1         delegates; specifying relationship of the

  2         agreement to state law; specifying the effect

  3         of the agreement with respect to persons other

  4         than member states; providing that government

  5         actions or state laws cannot be challenged on

  6         the basis of inconsistency with the agreement;

  7         providing liabilities and responsibilities of

  8         sellers, certified service providers, and

  9         providers of certified automated systems;

10         providing for maintenance of confidentiality of

11         certain information; providing a penalty;

12         requiring the department to make annual

13         recommendations to the Legislature regarding

14         compliance with the agreement; reviving and

15         readopting s. 215.20(3), F.S., which provides

16         for deduction of a service charge from certain

17         trust funds; amending s. 220.22, F.S.;

18         eliminating the initial year's corporate tax

19         information return for subchapter S

20         subsidiaries and directing the department to

21         designate by rule entities that are not

22         required to file a corporate tax return;

23         amending s. 443.131, F.S.; reducing the

24         Unemployment Compensation Trust Fund balance

25         thresholds used in computing unemployment

26         compensation contribution rate adjustment

27         factors; creating s. 443.1315, F.S.; providing

28         definitions; providing for treatment of Indian

29         tribes under the Unemployment Compensation Law;

30         providing that Indian tribes or tribal units

31         may elect to make payments in lieu of


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                                         HB 1981, Second Engrossed



  1         contributions and providing requirements with

  2         respect thereto; providing that such Indian

  3         tribe or tribal unit may be required to file a

  4         bond or deposit security at the discretion of

  5         the director of the Agency for Workforce

  6         Innovation; providing effect of failure of such

  7         tribe or unit to make required payments;

  8         providing requirements for notices; providing

  9         responsibility for certain extended benefits;

10         providing for rules; providing for retroactive

11         application; repealing s. 624.509(10), F.S.,

12         which provides an exemption from the insurance

13         premium tax for insurers who write monoline

14         flood insurance policies not subsidized by the

15         Federal Government; providing effective dates.

16

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

18

19         Section 1.  Subsection (7) of section 45.031, Florida

20  Statutes, is amended to read:

21         45.031  Judicial sales procedure.--In any sale of real

22  or personal property under an order or judgment, the following

23  procedure may be followed as an alternative to any other sale

24  procedure if so ordered by the court:

25         (7)  DISBURSEMENTS OF PROCEEDS.--On filing a

26  certificate of title the clerk shall disburse the proceeds of

27  the sale in accordance with the order or final judgment, and

28  shall file a report of such disbursements and serve a copy of

29  it on each party not in default, and on the Department of

30  Revenue, if it was named as a defendant in the action or if

31  the Agency for Workforce Innovation or the Department of Labor


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                                         HB 1981, Second Engrossed



  1  and Employment Security was named as a defendant while the

  2  Department of Revenue was performing unemployment compensation

  3  tax collection services pursuant to a contract with the Agency

  4  for Workforce Innovation, in substantially the following form:

  5

  6  (Caption of Action)

  7

  8                   CERTIFICATE OF DISBURSEMENTS

  9

10         The undersigned clerk of the court certifies that he or

11  she disbursed the proceeds received from the sale of the

12  property as provided in the order or final judgment to the

13  persons and in the amounts as follows:

14  Name                                                    Amount

15

16                              Total

17

18  WITNESS my hand and the seal of the court on ....,

19  ...(year)....

20                                                   ...(Clerk)...

21                                         By ...(Deputy Clerk)...

22

23  If no objections to the report are served within 10 days after

24  it is filed, the disbursements by the clerk shall stand

25  approved as reported. If timely objections to the report are

26  served, they shall be heard by the court. Service of

27  objections to the report does not affect or cloud the title of

28  the purchaser of the property in any manner.

29         Section 2.  Paragraph (a) of subsection (4) of section

30  69.041, Florida Statutes, is amended to read:

31


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                                         HB 1981, Second Engrossed



  1         69.041  State named party; lien foreclosure, suit to

  2  quiet title.--

  3         (4)(a)  The Department of Revenue has the right to

  4  participate in the disbursement of funds remaining in the

  5  registry of the court after distribution pursuant to s.

  6  45.031(7). The department shall participate in accordance with

  7  applicable procedures in any mortgage foreclosure action in

  8  which the department has a duly filed tax warrant, or

  9  interests under a lien arising from a judgment, order, or

10  decree for child support, or interest in an unemployment

11  compensation tax lien pursuant to a contract with the Agency

12  for Workforce Innovation, against the subject property and

13  with the same priority, regardless of whether a default

14  against the department, the Agency for Workforce Innovation,

15  or the Department of Labor and Employment Security has been

16  entered for failure to file an answer or other responsive

17  pleading.

18         Section 3.  Subsection (1) of section 213.053, Florida

19  Statutes, is amended to read:

20         213.053  Confidentiality and information sharing.--

21         (1)  The provisions of this section apply to s.

22  125.0104, county government; s. 125.0108, tourist impact tax;

23  chapter 175, municipal firefighters' pension trust funds;

24  chapter 185, municipal police officers' retirement trust

25  funds; chapter 198, estate taxes; chapter 199, intangible

26  personal property taxes; chapter 201, excise tax on documents;

27  chapter 203, gross receipts taxes; chapter 211, tax on

28  severance and production of minerals; chapter 212, tax on

29  sales, use, and other transactions; chapter 220, income tax

30  code; chapter 221, emergency excise tax; s. 252.372, emergency

31  management, preparedness, and assistance surcharge; s.


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                                         HB 1981, Second Engrossed



  1  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

  2  pollutant spill prevention and control; s. 403.718, waste tire

  3  fees; s. 403.7185, lead-acid battery fees; s. 538.09,

  4  registration of secondhand dealers; s. 538.25, registration of

  5  secondary metals recyclers; ss. 624.501 and 624.509-624.515,

  6  insurance code; s. 681.117, motor vehicle warranty

  7  enforcement; and s. 896.102, reports of financial transactions

  8  in trade or business. The provisions of this section, except

  9  paragraph (7)(f), also apply to chapter 443 while the

10  department is performing tax collection services for the

11  Agency for Workforce Innovation pursuant to chapter 2000-165,

12  Laws of Florida; however, the exceptions to confidentiality

13  contained in ss. 443.171(7) and 443.1715 remain in full force

14  and effect.

15         Section 4.  Paragraph (f) of subsection (4) of section

16  11 of chapter 2000-165, Laws of Florida, is amended to read:

17         Section 11.

18         (4)  Effective October 1, 2000, the following programs

19  and functions are transferred to the Agency for Workforce

20  Innovation:

21         (f)  The Division of Unemployment Compensation is

22  transferred by a type two transfer, as defined in section

23  20.06(2), Florida Statutes, from the Department of Labor and

24  Employment Security to the Agency for Workforce Innovation.

25  The resources, data, records, property, and unexpended

26  balances of appropriations, allocations, and other funds

27  within the Office of the Secretary or any other division,

28  office, bureau, or unit within the Department of Labor and

29  Employment Security that support the Division of Unemployment

30  Compensation are transferred by a type two transfer, as

31  defined in section 20.06(2), Florida Statutes, from the


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                                         HB 1981, Second Engrossed



  1  Department of Labor and Employment Security.  By January 1,

  2  2001, the Agency for Workforce Innovation shall enter into a

  3  contract with the Department of Revenue which shall provide

  4  for the Department of Revenue to provide unemployment tax

  5  collection services.  The Department of Revenue, in

  6  consultation with the Department of Labor and Employment

  7  Security, shall determine the number of positions needed to

  8  provide unemployment tax collection services within the

  9  Department of Revenue.  The number of unemployment tax

10  collection service positions the Department of Revenue

11  determines are needed shall not exceed the number of positions

12  that, prior to the contract, were authorized to the Department

13  of Labor and Employment Security for this purpose.  Upon

14  entering into the contract with the Agency for Workforce

15  Innovation to provide unemployment tax collection services,

16  the number of required positions, as determined by the

17  Department of Revenue, shall be authorized within the

18  Department of Revenue.  Beginning January 1, 2002, the Office

19  of Program Policy Analysis and Government Accountability shall

20  conduct a feasibility study regarding privatization of

21  unemployment tax collection services.  A report on the

22  conclusions of this study shall be submitted to the Governor,

23  the President of the Senate, and the Speaker of the House of

24  Representatives. The Department of Revenue is considered to be

25  administering a revenue law of this state when it provides

26  unemployment compensation tax collection services pursuant to

27  its contract with the Agency for Workforce Innovation. The

28  following provisions of chapter 213, Florida Statutes, apply

29  to the collection of unemployment contributions by the

30  Department of Revenue unless prohibited by federal law: ss.

31  213.018, 213.025, 213.051, 213.053, 213.055, 213.071, 213.10,


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                                         HB 1981, Second Engrossed



  1  213.21(2), (3), (4), (5), (6), (7), and (8), 213.2201, 213.23,

  2  213.24, 213.25, 213.26, 213.27, 213.28, 213.285, 213.30,

  3  213.34, 213.37, 213.50, 213.67, 213.69, 213.73, 213.731,

  4  213.732, 213.733, 213.74, 213.755, and 213.757.

  5         Section 5.  Subsections (8) and (9) are added to

  6  section 201.02, Florida Statutes, to read:

  7         201.02  Tax on deeds and other instruments relating to

  8  real property or interests in real property.--

  9         (8)  Taxes imposed by this section do not apply to a

10  contract to sell the residence of an employee relocating at

11  his or her employer's direction or documents related to the

12  contract, which contract is between the employee and the

13  employer or between the employee and a person in the business

14  of providing employee relocation services. Taxes on such

15  transactions apply only to the transfer of the real property

16  comprising the residence by deed that names the grantee.

17         (9)  Taxes imposed by this section shall not apply to

18  deeds, instruments, or writings whereby any lands, tenements,

19  or other real property, or any interest therein, is granted,

20  assigned, transferred, or otherwise conveyed from an electric

21  utility to a regional transmission organization under the

22  jurisdiction of the Federal Energy Regulatory Commission.

23         Section 6.  It is the intent of the Legislature that s.

24  201.02(8), Florida Statutes, as created by this act, confirms

25  and clarifies existing law.

26         Section 7.  Paragraph (g) of subsection (10) of section

27  212.02, Florida Statutes, is amended to read:

28         212.02  Definitions.--The following terms and phrases

29  when used in this chapter have the meanings ascribed to them

30  in this section, except where the context clearly indicates a

31  different meaning:


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                                         HB 1981, Second Engrossed



  1         (10)  "Lease," "let," or "rental" means leasing or

  2  renting of living quarters or sleeping or housekeeping

  3  accommodations in hotels, apartment houses, roominghouses,

  4  tourist or trailer camps and real property, the same being

  5  defined as follows:

  6         (g)  "Lease," "let," or "rental" also means the leasing

  7  or rental of tangible personal property and the possession or

  8  use thereof by the lessee or rentee for a consideration,

  9  without transfer of the title of such property, except as

10  expressly provided to the contrary herein.  The term "lease,"

11  "let," or "rental" does not mean hourly, daily, or mileage

12  charges, to the extent that such charges are subject to the

13  jurisdiction of the Surface Transportation Board United States

14  Interstate Commerce Commission, when such charges are paid by

15  reason of the presence of railroad cars owned by another on

16  the tracks of the taxpayer, or charges made pursuant to car

17  service agreements. "Lease," "let," "rental," or "license"

18  does not include payments by a regional transmission

19  organization operating under the jurisdiction of the Federal

20  Energy Regulatory Commission made to an electric utility in

21  connection with the regional transmission organization's use

22  or control of the utility's high-voltage bulk transmission

23  facilities. However, where two taxpayers, in connection with

24  the interchange of facilities, rent or lease property, each to

25  the other, for use in providing or furnishing any of the

26  services mentioned in s. 166.231, the term "lease or rental"

27  means only the net amount of rental involved.

28         Section 8.  Paragraph (b) of subsection (5) of section

29  212.08, Florida Statutes, is amended to read:

30         212.08  Sales, rental, use, consumption, distribution,

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


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                                         HB 1981, Second Engrossed



  1  the rental, the use, the consumption, the distribution, and

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

  3  following are hereby specifically exempt from the tax imposed

  4  by this chapter.

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

  6         (b)  Machinery and equipment used to increase

  7  productive output.--

  8         1.  Industrial machinery and equipment purchased for

  9  exclusive use by a new business in spaceport activities as

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

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

12  tangible personal property at fixed locations are exempt from

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

14  the taxpayer to the satisfaction of the department that such

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

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

17  productive operations, and delivery of the purchased item must

18  be made within 12 months of that date.

19         2.a.  Industrial machinery and equipment purchased for

20  exclusive use by an expanding facility which is engaged in

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

22  expanding manufacturing facilities or plant units which

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

24  tangible personal property at fixed locations in this state

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

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

27  affirmative showing by the taxpayer to the satisfaction of the

28  department that such items are used to increase the productive

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

30  10 percent.

31


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                                         HB 1981, Second Engrossed



  1         b.  Notwithstanding any other provision of this

  2  section, industrial machinery and equipment purchased for use

  3  in expanding printing manufacturing facilities or plant units

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

  5  of tangible personal property at fixed locations in this state

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

  7  an affirmative showing by the taxpayer to the satisfaction of

  8  the department that such items are used to increase the

  9  productive output of such an expanded business by not less

10  than 10 percent.

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

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

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

14  The application shall state that a new business exemption or

15  expanded business exemption is being sought. Upon a tentative

16  affirmative determination by the department pursuant to

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

18  such permit.

19         b.  The applicant shall be required to maintain all

20  necessary books and records to support the exemption. Upon

21  completion of purchases of qualified machinery and equipment

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

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

24  the department by certified or registered mail.

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

26  department, it is determined that the machinery and equipment

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

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

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

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

31  payable to the department by the business entity, together


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                                         HB 1981, Second Engrossed



  1  with the appropriate interest and penalty, computed from the

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

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

  4  apply for a temporary exemption permit or if the tentative

  5  determination by the department required to obtain a temporary

  6  exemption permit is negative, a qualifying business entity

  7  shall receive the exemption provided in subparagraph 1. or

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

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

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

11  commencement of production has occurred.

12         4.  The department shall promulgate rules governing

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

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

15  manner and form of refund applications and may establish

16  guidelines as to the requisites for an affirmative showing of

17  increased productive output, commencement of production, and

18  qualification for exemption.

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

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

21  electric utility companies, communications companies, oil or

22  gas exploration or production operations, publishing firms

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

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

25  the Division of Hotels and Restaurants of the Department of

26  Business and Professional Regulation, or any firm which does

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

28  of tangible personal property or which does not use such

29  machinery and equipment in spaceport activities as required by

30  this paragraph. The exemptions provided in subparagraphs 1.

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


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                                         HB 1981, Second Engrossed



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

  2  processing operations only by way of a prospective credit

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

  4  chapter on such machinery and equipment.

  5         6.  For the purposes of the exemptions provided in

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

  7  meanings:

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

  9  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

10  Internal Revenue Code, provided "industrial machinery and

11  equipment" shall be construed by regulations adopted by the

12  Department of Revenue to mean tangible property used as an

13  integral part of spaceport activities or of the manufacturing,

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

15  tangible personal property. Such term includes parts and

16  accessories only to the extent that the exemption thereof is

17  consistent with the provisions of this paragraph.

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

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

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

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

22  continuous months immediately following the completion of

23  installation of such machinery or equipment over the output

24  for the 12 continuous months immediately preceding such

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

26  period of time would more accurately reflect the increase in

27  productive output of machinery and equipment purchased to

28  facilitate an expansion, the increase in productive output may

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

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

31  Revenue and the expanding business prior to the commencement


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                                         HB 1981, Second Engrossed



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

  2  period begin later than 2 years following the completion of

  3  installation of the new machinery and equipment. The units

  4  used to measure productive output shall be physically

  5  comparable between the two periods, irrespective of sales.

  6         Section 9.  Paragraph (a) of subsection (1) of section

  7  212.031, Florida Statutes, is amended to read:

  8         212.031  Lease or rental of or license in real

  9  property.--

10         (1)(a)  It is declared to be the legislative intent

11  that every person is exercising a taxable privilege who

12  engages in the business of renting, leasing, letting, or

13  granting a license for the use of any real property unless

14  such property is:

15         1.  Assessed as agricultural property under s. 193.461.

16         2.  Used exclusively as dwelling units.

17         3.  Property subject to tax on parking, docking, or

18  storage spaces under s. 212.03(6).

19         4.  Recreational property or the common elements of a

20  condominium when subject to a lease between the developer or

21  owner thereof and the condominium association in its own right

22  or as agent for the owners of individual condominium units or

23  the owners of individual condominium units. However, only the

24  lease payments on such property shall be exempt from the tax

25  imposed by this chapter, and any other use made by the owner

26  or the condominium association shall be fully taxable under

27  this chapter.

28         5.  A public or private street or right-of-way and

29  poles, conduits, fixtures, and similar improvements located on

30  such streets or rights-of-way, occupied or used by a utility

31  or franchised cable television company for utility or


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                                         HB 1981, Second Engrossed



  1  communications or television purposes. For purposes of this

  2  subparagraph, the term "utility" means any person providing

  3  utility services as defined in s. 203.012 and includes a

  4  regional transmission organization operating under the

  5  jurisdiction of the Federal Energy Regulatory Commission. This

  6  exception also applies to property, wherever located, on which

  7  the following are placed: towers, antennas, cables, accessory

  8  structures, or equipment, not including switching equipment,

  9  used in the provision of mobile communications services as

10  defined in s. 202.11. For purposes of this chapter, towers

11  used in the provision of mobile communications services, as

12  defined in s. 202.11, are considered to be fixtures.

13         6.  A public street or road which is used for

14  transportation purposes.

15         7.  Property used at an airport exclusively for the

16  purpose of aircraft landing or aircraft taxiing or property

17  used by an airline for the purpose of loading or unloading

18  passengers or property onto or from aircraft or for fueling

19  aircraft.

20         8.a.  Property used at a port authority, as defined in

21  s. 315.02(2), exclusively for the purpose of oceangoing

22  vessels or tugs docking, or such vessels mooring on property

23  used by a port authority for the purpose of loading or

24  unloading passengers or cargo onto or from such a vessel, or

25  property used at a port authority for fueling such vessels, or

26  to the extent that the amount paid for the use of any property

27  at the port is based on the charge for the amount of tonnage

28  actually imported or exported through the port by a tenant.

29         b.  The amount charged for the use of any property at

30  the port in excess of the amount charged for tonnage actually

31


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                                         HB 1981, Second Engrossed



  1  imported or exported shall remain subject to tax except as

  2  provided in sub-subparagraph a.

  3         9.  Property used as an integral part of the

  4  performance of qualified production services.  As used in this

  5  subparagraph, the term "qualified production services" means

  6  any activity or service performed directly in connection with

  7  the production of a qualified motion picture, as defined in s.

  8  212.06(1)(b), and includes:

  9         a.  Photography, sound and recording, casting, location

10  managing and scouting, shooting, creation of special and

11  optical effects, animation, adaptation (language, media,

12  electronic, or otherwise), technological modifications,

13  computer graphics, set and stage support (such as

14  electricians, lighting designers and operators, greensmen,

15  prop managers and assistants, and grips), wardrobe (design,

16  preparation, and management), hair and makeup (design,

17  production, and application), performing (such as acting,

18  dancing, and playing), designing and executing stunts,

19  coaching, consulting, writing, scoring, composing,

20  choreographing, script supervising, directing, producing,

21  transmitting dailies, dubbing, mixing, editing, cutting,

22  looping, printing, processing, duplicating, storing, and

23  distributing;

24         b.  The design, planning, engineering, construction,

25  alteration, repair, and maintenance of real or personal

26  property including stages, sets, props, models, paintings, and

27  facilities principally required for the performance of those

28  services listed in sub-subparagraph a.; and

29         c.  Property management services directly related to

30  property used in connection with the services described in

31  sub-subparagraphs a. and b.


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                                         HB 1981, Second Engrossed



  1

  2  This exemption will inure to the taxpayer upon presentation of

  3  the certificate of exemption issued to the taxpayer under the

  4  provisions of s. 288.1258.

  5         10.  Leased, subleased, licensed, or rented to a person

  6  providing food and drink concessionaire services within the

  7  premises of a convention hall, exhibition hall, auditorium,

  8  stadium, theater, arena, civic center, performing arts center,

  9  publicly owned recreational facility, or any business operated

10  under a permit issued pursuant to chapter 550.  A person

11  providing retail concessionaire services involving the sale of

12  food and drink or other tangible personal property within the

13  premises of an airport shall be subject to tax on the rental

14  of real property used for that purpose, but shall not be

15  subject to the tax on any license to use the property.  For

16  purposes of this subparagraph, the term "sale" shall not

17  include the leasing of tangible personal property.

18         11.  Property occupied pursuant to an instrument

19  calling for payments which the department has declared, in a

20  Technical Assistance Advisement issued on or before March 15,

21  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

22  Florida Administrative Code; provided that this subparagraph

23  shall only apply to property occupied by the same person

24  before and after the execution of the subject instrument and

25  only to those payments made pursuant to such instrument,

26  exclusive of renewals and extensions thereof occurring after

27  March 15, 1993.

28         12.  Rented, leased, subleased, or licensed to a

29  concessionaire by a convention hall, exhibition hall,

30  auditorium, stadium, theater, arena, civic center, performing

31  arts center, or publicly owned recreational facility, during


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                                         HB 1981, Second Engrossed



  1  an event at the facility, to be used by the concessionaire to

  2  sell souvenirs, novelties, or other event-related products.

  3  This subparagraph applies only to that portion of the rental,

  4  lease, or license payment which is based on a percentage of

  5  sales and not based on a fixed price.

  6         13.  Property used or occupied predominantly for space

  7  flight business purposes. As used in this subparagraph, "space

  8  flight business" means the manufacturing, processing, or

  9  assembly of a space facility, space propulsion system, space

10  vehicle, satellite, or station of any kind possessing the

11  capacity for space flight, as defined by s. 212.02(23), or

12  components thereof, and also means the following activities

13  supporting space flight: vehicle launch activities, flight

14  operations, ground control or ground support, and all

15  administrative activities directly related thereto. Property

16  shall be deemed to be used or occupied predominantly for space

17  flight business purposes if more than 50 percent of the

18  property, or improvements thereon, is used for one or more

19  space flight business purposes. Possession by a landlord,

20  lessor, or licensor of a signed written statement from the

21  tenant, lessee, or licensee claiming the exemption shall

22  relieve the landlord, lessor, or licensor from the

23  responsibility of collecting the tax, and the department shall

24  look solely to the tenant, lessee, or licensee for recovery of

25  such tax if it determines that the exemption was not

26  applicable.

27         Section 10.  Effective July 1, 2003, paragraph (a) of

28  subsection (1) of section 212.031, Florida Statutes, as

29  amended by chapter 2000-345, Laws of Florida, is amended to

30  read:

31


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                                         HB 1981, Second Engrossed



  1         212.031  Lease or rental of or license in real

  2  property.--

  3         (1)(a)  It is declared to be the legislative intent

  4  that every person is exercising a taxable privilege who

  5  engages in the business of renting, leasing, letting, or

  6  granting a license for the use of any real property unless

  7  such property is:

  8         1.  Assessed as agricultural property under s. 193.461.

  9         2.  Used exclusively as dwelling units.

10         3.  Property subject to tax on parking, docking, or

11  storage spaces under s. 212.03(6).

12         4.  Recreational property or the common elements of a

13  condominium when subject to a lease between the developer or

14  owner thereof and the condominium association in its own right

15  or as agent for the owners of individual condominium units or

16  the owners of individual condominium units. However, only the

17  lease payments on such property shall be exempt from the tax

18  imposed by this chapter, and any other use made by the owner

19  or the condominium association shall be fully taxable under

20  this chapter.

21         5.  A public or private street or right-of-way and

22  poles, conduits, fixtures, and similar improvements located on

23  such streets or rights-of-way, occupied or used by a utility

24  or franchised cable television company for utility or

25  communications or television purposes. For purposes of this

26  subparagraph, the term "utility" means any person providing

27  utility services as defined in s. 203.012 and includes a

28  regional transmission organization operating under the

29  jurisdiction of the Federal Energy Regulatory Commission. This

30  exception also applies to property, wherever located, on which

31  the following are placed: towers, antennas, cables, accessory


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                                         HB 1981, Second Engrossed



  1  structures, or equipment, not including switching equipment,

  2  used in the provision of mobile communications services as

  3  defined in s. 202.11. For purposes of this chapter, towers

  4  used in the provision of mobile communications services, as

  5  defined in s. 202.11, are considered to be fixtures.

  6         6.  A public street or road which is used for

  7  transportation purposes.

  8         7.  Property used at an airport exclusively for the

  9  purpose of aircraft landing or aircraft taxiing or property

10  used by an airline for the purpose of loading or unloading

11  passengers or property onto or from aircraft or for fueling

12  aircraft.

13         8.a.  Property used at a port authority, as defined in

14  s. 315.02(2), exclusively for the purpose of oceangoing

15  vessels or tugs docking, or such vessels mooring on property

16  used by a port authority for the purpose of loading or

17  unloading passengers or cargo onto or from such a vessel, or

18  property used at a port authority for fueling such vessels, or

19  to the extent that the amount paid for the use of any property

20  at the port is based on the charge for the amount of tonnage

21  actually imported or exported through the port by a tenant.

22         b.  The amount charged for the use of any property at

23  the port in excess of the amount charged for tonnage actually

24  imported or exported shall remain subject to tax except as

25  provided in sub-subparagraph a.

26         9.  Property used as an integral part of the

27  performance of qualified production services.  As used in this

28  subparagraph, the term "qualified production services" means

29  any activity or service performed directly in connection with

30  the production of a qualified motion picture, as defined in s.

31  212.06(1)(b), and includes:


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                                         HB 1981, Second Engrossed



  1         a.  Photography, sound and recording, casting, location

  2  managing and scouting, shooting, creation of special and

  3  optical effects, animation, adaptation (language, media,

  4  electronic, or otherwise), technological modifications,

  5  computer graphics, set and stage support (such as

  6  electricians, lighting designers and operators, greensmen,

  7  prop managers and assistants, and grips), wardrobe (design,

  8  preparation, and management), hair and makeup (design,

  9  production, and application), performing (such as acting,

10  dancing, and playing), designing and executing stunts,

11  coaching, consulting, writing, scoring, composing,

12  choreographing, script supervising, directing, producing,

13  transmitting dailies, dubbing, mixing, editing, cutting,

14  looping, printing, processing, duplicating, storing, and

15  distributing;

16         b.  The design, planning, engineering, construction,

17  alteration, repair, and maintenance of real or personal

18  property including stages, sets, props, models, paintings, and

19  facilities principally required for the performance of those

20  services listed in sub-subparagraph a.; and

21         c.  Property management services directly related to

22  property used in connection with the services described in

23  sub-subparagraphs a. and b.

24

25  This exemption will inure to the taxpayer upon presentation of

26  the certificate of exemption issued to the taxpayer under the

27  provisions of s. 288.1258.

28         10.  Leased, subleased, licensed, or rented to a person

29  providing food and drink concessionaire services within the

30  premises of a convention hall, exhibition hall, auditorium,

31  stadium, theater, arena, civic center, performing arts center,


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                                         HB 1981, Second Engrossed



  1  publicly owned recreational facility, or any business operated

  2  under a permit issued pursuant to chapter 550.  A person

  3  providing retail concessionaire services involving the sale of

  4  food and drink or other tangible personal property within the

  5  premises of an airport shall be subject to tax on the rental

  6  of real property used for that purpose, but shall not be

  7  subject to the tax on any license to use the property.  For

  8  purposes of this subparagraph, the term "sale" shall not

  9  include the leasing of tangible personal property.

10         11.  Property occupied pursuant to an instrument

11  calling for payments which the department has declared, in a

12  Technical Assistance Advisement issued on or before March 15,

13  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

14  Florida Administrative Code; provided that this subparagraph

15  shall only apply to property occupied by the same person

16  before and after the execution of the subject instrument and

17  only to those payments made pursuant to such instrument,

18  exclusive of renewals and extensions thereof occurring after

19  March 15, 1993.

20         12.  Property used or occupied predominantly for space

21  flight business purposes. As used in this subparagraph, "space

22  flight business" means the manufacturing, processing, or

23  assembly of a space facility, space propulsion system, space

24  vehicle, satellite, or station of any kind possessing the

25  capacity for space flight, as defined by s. 212.02(23), or

26  components thereof, and also means the following activities

27  supporting space flight: vehicle launch activities, flight

28  operations, ground control or ground support, and all

29  administrative activities directly related thereto. Property

30  shall be deemed to be used or occupied predominantly for space

31  flight business purposes if more than 50 percent of the


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                                         HB 1981, Second Engrossed



  1  property, or improvements thereon, is used for one or more

  2  space flight business purposes. Possession by a landlord,

  3  lessor, or licensor of a signed written statement from the

  4  tenant, lessee, or licensee claiming the exemption shall

  5  relieve the landlord, lessor, or licensor from the

  6  responsibility of collecting the tax, and the department shall

  7  look solely to the tenant, lessee, or licensee for recovery of

  8  such tax if it determines that the exemption was not

  9  applicable.

10         Section 11.  (1)  Effective July 1, 2001, paragraph (b)

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

12  amended to read:

13         212.06  Sales, storage, use tax; collectible from

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

15  legislative intent as to scope of tax.--

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

17  is improving real property, the term:

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

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

20  identity as accessories when installed but that do become

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

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

23  attached to real property in a permanent manner:  trade

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

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

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

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

28  property; or industrial machinery or equipment. For purposes

29  of this paragraph, industrial machinery or equipment is not

30  limited to machinery and equipment used to manufacture,

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


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                                         HB 1981, Second Engrossed



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

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

  3  is attached.

  4         (2)  It is the intent of the Legislature that the

  5  amendment to s. 212.06(14)(b), Florida Statutes, relating to

  6  industrial machinery or equipment, by this section is remedial

  7  in nature and merely clarifies existing law.

  8         Section 12.  (1)  Subsection (7), paragraph (a) of

  9  subsection (8), and subsection (9) of section 212.08, Florida

10  Statutes, are amended to read:

11         212.08  Sales, rental, use, consumption, distribution,

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

13  the rental, the use, the consumption, the distribution, and

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

15  following are hereby specifically exempt from the tax imposed

16  by this chapter.

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

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

19  that is otherwise taxable under this chapter when payment is

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

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

22  card, even when that representative or employee is

23  subsequently reimbursed by the entity. In addition, exemptions

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

25  transaction that is otherwise taxable under this chapter

26  unless the entity has obtained a sales tax exemption

27  certificate from the department or the entity obtains or

28  provides other documentation as required by the department.

29  Eligible purchases or leases made with such a certificate must

30  be in strict compliance with this subsection and departmental

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


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                                         HB 1981, Second Engrossed



  1  certificate that is not in strict compliance with this

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

  3  The department may adopt rules to administer this subsection.

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

  5  tax imposed by this chapter is the sale of artificial

  6  commemorative flowers by bona fide nationally chartered

  7  veterans' organizations.

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

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

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

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

12  manufacturing, processing, compounding, or production process

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

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

15  allowed unless the purchaser signs a certificate stating that

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

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

18  fuels that are not used in manufacturing, processing,

19  compounding, or producing items of tangible personal property

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

21  subject to regulation by the Division of Hotels and

22  Restaurants of the Department of Business and Professional

23  Regulation.

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

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

26  intended solely for use in the entrapment of Callinectes

27  sapidus and Menippe mercenaria.

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

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

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

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


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                                         HB 1981, Second Engrossed



  1  and direct charges for films, videotapes, and transcriptions

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

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

  4  United States and the official state flag of Florida.

  5         (g)  Florida Retired Educators Association and its

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

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

  8  and publications made by the Florida Retired Educators

  9  Association and its local chapters.

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

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

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

13  for such guide dogs.

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

15  of exemption to any blind person who holds an identification

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

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

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

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

20  capable of being carried in a wallet or billfold.

21         2.  The department shall make such rules concerning

22  items exempt from tax under the provisions of this paragraph

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

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

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

26  shall not be required to pay any tax thereon.

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

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

29  meals are patients and inmates of any hospital or other

30  physical plant or facility designed and operated primarily for

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


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                                         HB 1981, Second Engrossed



  1  physically incapacitated, or otherwise dependent on special

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

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

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

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

  6  651, or that is financed by a mortgage loan made or insured by

  7  the United States Department of Housing and Urban Development

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

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

10  similar facility designed and operated primarily for the care

11  of the aged.

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

13  tax imposed by this chapter are sales of utilities to

14  residential households or owners of residential models in this

15  state by utility companies who pay the gross receipts tax

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

17  households or owners of residential models, including oil,

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

19  products used in the household or residential model for the

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

21  regardless of whether such sales of utilities and fuels are

22  separately metered and billed direct to the residents or are

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

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

25  taxable. The landlord shall provide a separate meter for

26  nonexempt utility or fuel consumption.  For the purposes of

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

28  exempt.

29         (k)  Meals provided by certain nonprofit

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

31  chapter the sale of prepared meals by a nonprofit volunteer


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                                         HB 1981, Second Engrossed



  1  organization to handicapped, elderly, or indigent persons when

  2  such meals are delivered as a charitable function by the

  3  organization to such persons at their places of residence.

  4         (l)  Organizations providing special educational,

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

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

  7  leases to and sales of donated property by nonprofit

  8  organizations which are incorporated pursuant to chapter 617

  9  the primary purpose of which is providing activities that

10  contribute to the development of good character or good

11  sportsmanship, or to the educational or cultural development,

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

13  the organization that has a salaried executive officer or an

14  elected nonsalaried executive officer. For the purpose of this

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

16  transferred to such nonprofit organization for less than 50

17  percent of its fair market value.

18         (m)  Religious institutions.--

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

20  chapter transactions involving sales or leases directly to

21  religious institutions when used in carrying on their

22  customary nonprofit religious activities or sales or leases of

23  tangible personal property by religious institutions having an

24  established physical place for worship at which nonprofit

25  religious services and activities are regularly conducted and

26  carried on.

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

28  institutions" means churches, synagogues, and established

29  physical places for worship at which nonprofit religious

30  services and activities are regularly conducted and carried

31  on. The term "religious institutions" includes nonprofit


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                                         HB 1981, Second Engrossed



  1  corporations the sole purpose of which is to provide free

  2  transportation services to church members, their families, and

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

  4  includes nonprofit state, nonprofit district, or other

  5  nonprofit governing or administrative offices the function of

  6  which is to assist or regulate the customary activities of

  7  religious institutions. The term "religious institutions" also

  8  includes any nonprofit corporation that is qualified as

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

10  1986, as amended, and that owns and operates a Florida

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

12  which station consists of programs of a religious nature and

13  the financial support for which, exclusive of receipts for

14  broadcasting from other nonprofit organizations, is

15  predominantly from contributions from the general public. The

16  term "religious institutions" also includes any nonprofit

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

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

19  activity of which is making and distributing audio recordings

20  of religious scriptures and teachings to blind or visually

21  impaired persons at no charge. The term "religious

22  institutions" also includes any nonprofit corporation that is

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

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

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

26  services, evangelistic services, religious education,

27  administrative assistance, or missionary assistance for a

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

29  which nonprofit religious services and activities are

30  regularly conducted.

31         (n)  Veterans' organizations.--


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                                         HB 1981, Second Engrossed



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

  2  chapter transactions involving sales or leases to qualified

  3  veterans' organizations and their auxiliaries when used in

  4  carrying on their customary veterans' organization activities.

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

  6  organizations" means nationally chartered or recognized

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

  8  Florida chapters of the Paralyzed Veterans of America,

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

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

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

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

13  Code of 1986, as amended.

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

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

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

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

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

19  organizations determined by the Internal Revenue Service to be

20  currently exempt from federal income tax pursuant to s.

21  501(c)(3) of the Internal Revenue Code of 1986, as amended,

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

23  customary nonprofit activities.

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

25  resource recovery equipment which is owned and operated by or

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

27  Department of Environmental Protection under the provisions of

28  s. 403.715.

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

30  applies to school books used in regularly prescribed courses

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


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                                         HB 1981, Second Engrossed



  1  or nonprofit schools operated for and attended by pupils of

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

  3  directories, bulletins, and similar publications distributed

  4  by such educational institutions to their students are also

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

  6  colleges and other institutions of higher learning are

  7  taxable.

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

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

10  tasting" and "spirituous beverage tasting" as contemplated

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

12  are exempt from the tax imposed by this chapter.

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

14         1.  Notwithstanding the provisions of chapter 328,

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

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

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

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

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

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

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

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

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

24  alterations, refitting, or modifications and such repairs,

25  alterations, refitting, or modifications are supported by

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

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

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

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

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

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


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                                         HB 1981, Second Engrossed



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

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

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

  4  repairs that arise from a written guarantee given by the

  5  registered repair facility, which guarantee covers only those

  6  repairs or modifications made during the first tolled period.

  7  Within 72 hours after the date upon which the registered

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

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

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

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

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

13  alterations, refitting, or modifications, the registered

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

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

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

17  department requires. The repair facility shall maintain a log

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

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

20  and control of the facility.  The affidavit shall be

21  maintained by the registered repair facility as part of its

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

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

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

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

26         2.  During the period of repairs, alterations,

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

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

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

30  dealer registered with the department without incurring a use

31


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                                         HB 1981, Second Engrossed



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

  2  this chapter applies to such sale.

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

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

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

  6  facility" means:

  7         a.  A full-service facility that:

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

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

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

11  care, custody, and control of the facility;

12         (III)  Has adequate piers and storage facilities to

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

14  control; and

15         (IV)  Has necessary shops and equipment to provide

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

17  and control of the facility;

18         b.  A marina that:

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

20         (II)  Has adequate piers and storage facilities to

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

22  control; and

23         (III)  Has necessary shops and equipment to provide

24  repairs or warranty work on vessels; or

25         c.  A shoreside facility that:

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

27         (II)  Has adequate piers and storage facilities to

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

29  control; and

30         (III)  Has necessary shops and equipment to provide

31  repairs or warranty work.


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                                         HB 1981, Second Engrossed



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

  2  firefighting and rescue service equipment and supplies

  3  purchased by volunteer fire departments, duly chartered under

  4  the Florida Statutes as corporations not for profit.

  5         (v)  Professional services.--

  6         1.  Also exempted are professional, insurance, or

  7  personal service transactions that involve sales as

  8  inconsequential elements for which no separate charges are

  9  made.

10         2.  The personal service transactions exempted pursuant

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

12  services involving the furnishing of printed, mimeographed, or

13  multigraphed matter, or matter duplicating written or printed

14  matter in any other manner, other than professional services

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

16  a representative or fiduciary capacity or information services

17  furnished to newspapers and radio and television stations.  As

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

19  includes the services of collecting, compiling, or analyzing

20  information of any kind or nature and furnishing reports

21  thereof to other persons.

22         3.  This exemption does not apply to any service

23  warranty transaction taxable under s. 212.0506.

24         4.  This exemption does not apply to any service

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

26         (w)  Certain newspaper, magazine, and newsletter

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

28  exempt are newspaper, magazine, and newsletter subscriptions

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

30  Also exempt are free, circulated publications that are

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


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                                         HB 1981, Second Engrossed



  1  primarily advertising, and that are distributed through the

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

  3  newspaper, magazine, and newsletter subscriptions which is

  4  provided in this paragraph applies only to subscriptions

  5  entered into after March 1, 1997.

  6         (x)  Sporting equipment brought into the

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

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

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

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

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

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

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

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

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

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

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

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

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

20  and s. 212.05.

21         (z)  Vending machines sponsored by nonprofit or

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

23  human consumption sold for 25 cents or less through a

24  coin-operated vending machine sponsored by a nonprofit

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

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

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

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

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

30  met:

31


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                                         HB 1981, Second Engrossed



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

  2  commonly owned and controlled corporations;

  3         2.  Such vehicle was titled and registered in this

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

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

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

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

  8  by any nonprofit corporation that has qualified under s.

  9  501(c)(13) of the Internal Revenue Code of 1986, as amended,

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

11  was donated to the community by deed.

12         (cc)  Works of art.--

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

14  educational institution.

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

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

17  purchased or imported exclusively for the purpose of being

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

19  available for display by any educational institution, provided

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

21         3.  The exemption provided by this paragraph for

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

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

24  educational institution. Such transfer of title shall be

25  evidenced by an affidavit meeting requirements established by

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

27  paragraph shall preclude a work of art donated to an

28  educational institution from remaining in the possession of

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

30  lies with the educational institution.

31


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                                         HB 1981, Second Engrossed



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

  2  or imported into this state exclusively for loan as provided

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

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

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

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

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

  8  other than an educational institution.

  9         5.  The exemptions provided by this paragraph are

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

11  to the vendor an affidavit meeting the requirements,

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

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

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

15  is issued to the vendor.

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

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

18  the possession of the educational institution or is in storage

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

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

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

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

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

24  donated to an educational institution after the loan ceases.

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

26  has been donated pursuant to this paragraph shall make

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

28  any other relevant information. Any educational institution

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

30  paragraph shall make available to the department information

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


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                                         HB 1981, Second Engrossed



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

  2  paragraph which has been loaned to it must notify the

  3  Department of Revenue within 60 days after the transfer.

  4         8.  For purposes of the exemptions provided by this

  5  paragraph, the term:

  6         a.  "Educational institutions" includes state

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

  8  schools, colleges, or universities that conduct regular

  9  classes and courses of study required for accreditation by or

10  membership in the Southern Association of Colleges and

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

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

13  nonprofit private schools that conduct regular classes and

14  courses of study accepted for continuing education credit by a

15  board of the Division of Medical Quality Assurance of the

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

17  performing arts centers that provide educational programs to

18  school children, which programs involve performances or other

19  educational activities at the performing arts center and serve

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

21  to the public.

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

23  sculpture, jewelry, antiques, stamp collections and coin

24  collections, and other tangible personal property, the value

25  of which is attributable predominantly to its artistic,

26  historical, political, cultural, or social importance.

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

28  taxicab or taxicab-related equipment and services provided by

29  a taxicab company to an independent taxicab operator are

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

31


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                                         HB 1981, Second Engrossed



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

  2  acquisition of the taxicab and its related equipment.

  3         (ee)  Aircraft repair and maintenance labor

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

  5  chapter all labor charges for the repair and maintenance of

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

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

  8  maximum certified takeoff weight. Except as otherwise provided

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

10  connection with such labor charges are taxable.

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

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

13  charges for electricity or steam used to operate machinery and

14  equipment at a fixed location in this state when such

15  machinery and equipment is used to manufacture, process,

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

17  personal property for sale, or to operate pollution control

18  equipment, recycling equipment, maintenance equipment, or

19  monitoring or control equipment used in such operations are

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

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

22  is used to operate qualifying machinery or equipment, 100

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

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

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

26  location is used to operate qualifying machinery or equipment,

27  50 percent of the charges for electricity or steam used at the

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

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

30  operate qualifying machinery or equipment, none of the charges

31


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                                         HB 1981, Second Engrossed



  1  for electricity or steam used at the fixed location are

  2  exempt.

  3         2.  This exemption applies only to industries

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

  5  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  6  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

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

  8  in the Standard Industrial Classification Manual, 1987, as

  9  published by the Office of Management and Budget, Executive

10  Office of the President.

11         3.  Possession by a seller of a written certification

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

13  exemption permitted by this subsection, relieves the seller

14  from the responsibility of collecting the tax on the

15  nontaxable amounts, and the department shall look solely to

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

17  the purchaser was not entitled to the exemption.

18         4.  Such exemption shall be applied as follows:

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

20  for such electricity shall be exempt.

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

22  for such electricity shall be exempt.

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

24  for such electricity or steam shall be exempt.

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

26  for such electricity or steam shall be exempt.

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

28  for such electricity or steam shall be exempt.

29         5.  Notwithstanding any other provision in this

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

31  provided in this paragraph a taxpayer must first register with


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                                         HB 1981, Second Engrossed



  1  the WAGES Program Business Registry established by the local

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

  3  Such registration establishes a commitment on the part of the

  4  taxpayer to hire WAGES program participants to the maximum

  5  extent possible consistent with the nature of their business.

  6         5.6.a.  In order to determine whether the exemption

  7  provided in this paragraph from the tax on charges for

  8  electricity or steam has an effect on retaining or attracting

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

10  and Government Accountability shall monitor and report on the

11  industries receiving the exemption.

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

13  1, 2001, and must be comprehensive in scope, but, at a

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

15  determine the number of companies within each SIC Industry

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

17  the number of individuals employed by companies within each

18  SIC Industry Major Group receiving the exemption as of

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

20  of companies or employees is attributable to the exemption

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

22  policy to continue or discontinue the exemption, and the

23  consequences of doing so.

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

25  the Senate, the Speaker of the House of Representatives, the

26  Senate Minority Leader, and the House Minority Leader.

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

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

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

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

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


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                                         HB 1981, Second Engrossed



  1  admissions, or for temporary parking of vehicles used for

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

  3  or tangible personal property between the owner of the central

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

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

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

  7  exposition; and other transactions of a fair association which

  8  are incurred directly by the fair association in the

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

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

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

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

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

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

15  association through an agent or independent contractor; sales

16  of admissions and tangible personal property by a

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

18  subleases of tangible personal property or real property

19  between the owner of the central amusement attraction and a

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

21  furnishing of amusement rides, which transactions are exempt.

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

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

24  nonprofit organizations that are incorporated under chapter

25  617 and that have been designated citizen support

26  organizations in support of state-funded environmental

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

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

29  accordance with s. 258.015.

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

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


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                                         HB 1981, Second Engrossed



  1  nature received from admissions to the Florida Folk Festival

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

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

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

  5  energy systems or any component thereof.  The Florida Solar

  6  Energy Center shall from time to time certify to the

  7  department a list of equipment and requisite hardware

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

  9  This exemption is repealed July 1, 2005.

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

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

12  leases to nonprofit organizations that are incorporated under

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

14  purposes, as cooperatives under subchapter T of the Internal

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

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

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

18  Internal Revenue Code.

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

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

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

22  rent or lease any transient living accommodations as described

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

24  509 and which are subject to the tax under s. 212.03, if a

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

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

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

28  accommodations. Moreover, the person offering the

29  accommodations is not considered to be the consumer of items

30  purchased in furnishing such food or drinks and may purchase

31  those items under conditions of a sale for resale.


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                                         HB 1981, Second Engrossed



  1         (mm)  Nonprofit corporation conducting the correctional

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

  3  corporation organized pursuant to part II of chapter 946 are

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

  5  applies retroactively to July 1, 1983.

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

  7  associations, and schools having grades K through

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

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

10  through 12 and which are qualified as educational institutions

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

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

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

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

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

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

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

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

19  This paragraph also applies to food or beverages sold through

20  vending machines located in the student lunchroom or dining

21  room of a school having kindergarten through grade 12.

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

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

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

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

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

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

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

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

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

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


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                                         HB 1981, Second Engrossed



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

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

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

  4  the dealer by the Veterans Administration is not taxable.

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

  6  directly to the dealer by the veteran is taxable.

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

  8  tax imposed by this chapter:

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

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

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

12  sells food product items at retail.

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

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

15  that primarily sells food products at retail.

16

17  The exemptions in this paragraph do not apply to businesses

18  with the primary activity of serving prepared meals or

19  alcoholic beverages for immediate consumption.

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

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

22  food bank or an organization that holds a current exemption

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

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

25  tax imposed by this chapter.

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

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

28  animal.

29         (tt)  Equipment used in aircraft repair and

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

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


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                                         HB 1981, Second Engrossed



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

  2  pounds maximum certified takeoff weight and rotary wing

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

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

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

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

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

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

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

10  "common carrier" means an airline operating under Federal

11  Aviation Administration regulations contained in Title 14,

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

13  Regulations.

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

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

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

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

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

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

20  system in this state.

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

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

23  tax imposed by this chapter.

24         (xx)  Advertising agencies.--

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

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

27  business of providing advertising materials and services to

28  its clients.

29         2.  The sale of advertising services by an advertising

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

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


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                                         HB 1981, Second Engrossed



  1  items of tangible personal property such as photographic

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

  3  veloxes, illustrations, digital audiotapes, analog tapes,

  4  printed advertisement copies, compact discs for the purpose of

  5  recording, digital equipment, and artwork and the services

  6  used to produce those items if the items are:

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

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

  9  for the performance of advertising services for the clients;

10         b.  Produced, fabricated, manufactured, or otherwise

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

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

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

14  performance of advertising services for the clients, whether

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

16  stated.

17

18  The exemption provided by this subparagraph does not apply

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

20  videotapes is purchased to create items such as photographic

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

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

23  advertising agency or produced in-house by an advertising

24  agency on behalf of its clients.

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

26  and the creative services used by an advertising agency to

27  design the advertising for promotional goods such as displays,

28  display containers, exhibits, newspaper inserts, brochures,

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

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

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


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                                         HB 1981, Second Engrossed



  1  produced or reproduced for distribution, tax applies to the

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

  3         4.  For items purchased by an advertising agency and

  4  exempt from tax under this paragraph, possession of an

  5  exemption certificate from the advertising agency certifying

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

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

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

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

10  determines that the advertising agency was not entitled to the

11  exemption.

12         5.  The exemptions provided by this paragraph apply

13  retroactively, except that all taxes that have been collected

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

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

16  under this paragraph are not subject to refund.

17         6.  The department may adopt rules that interpret or

18  define the provisions of these exemptions and provide examples

19  regarding the application of these exemptions.

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

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

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

23  maintain proper documentation, as prescribed by rule of the

24  department, to identify that portion of a transaction which

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

26  exempt under this paragraph.

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

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

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

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

31  in the repair of and incorporated into, industrial machinery


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                                         HB 1981, Second Engrossed



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

  2  compounding, production, or preparation for shipping of items

  3  of tangible personal property at a fixed location within this

  4  state.

  5         2.  This exemption applies only to industries

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

  7  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

  8  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

  9  in this subparagraph, "SIC" means those classifications

10  contained in the Standard Industrial Classification Manual,

11  1987, as published by the Office of Management and Budget,

12  Executive Office of the President.

13         3.  This exemption shall be applied as follows:

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

15  for repair parts and labor shall be exempt.

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

17  for repair parts and labor shall be exempt.

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

19  for repair parts and labor shall be exempt.

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

21  for repair parts and labor shall be exempt.

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

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

24  businesses classified under SIC Industry Numbers 275, 276,

25  277, 278, or 279 for use in producing graphic matter for sale:

26  film, photographic paper, dyes used for embossing and

27  engraving, artwork, typography, lithographic plates, and

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

29  classifications contained in the Standard Industrial

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

31  Management and Budget, Executive Office of the President.


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                                         HB 1981, Second Engrossed



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

  2  parts thereof, which are purchased or manufactured by

  3  contractors employed either directly by or as agents for the

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

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

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

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

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

  9  In the case of contractors who manufacture and install such

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

11  component parts and all other manufacturing and fabrication

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

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

14  parts to certify the contractors' eligibility for the

15  exemption provided under this paragraph. As used in this

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

17  vehicles and related control and power distribution systems

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

19  general public, regardless of whether such vehicles are

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

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

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

23  integral part of such transportation system. "Related control

24  and power distribution systems" includes any electrical or

25  electronic control or signaling equipment, but does not

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

27  transmit electrical or electronic signals among such control

28  equipment, power distribution equipment, signaling equipment,

29  and wheeled vehicles.

30         (ccc)  Organizations providing crime prevention, drunk

31  driving prevention, or juvenile delinquency prevention


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                                         HB 1981, Second Engrossed



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

  2  provides crime prevention services, drunk driving prevention

  3  services, or juvenile delinquency prevention services that

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

  5  this chapter, if the organization holds a current exemption

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

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

  8  purpose the provision of services that contribute to the

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

10  juvenile delinquency.

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

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

13  Services Foundation are exempt from the tax imposed by this

14  chapter.

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

16  from the tax imposed by this chapter are railroad roadway

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

18  railways. Railroad roadway materials shall include rails,

19  ties, ballasts, communication equipment, signal equipment,

20  power transmission equipment, and any other track materials.

21

22  Exemptions provided to any entity by this subsection shall not

23  inure to any transaction otherwise taxable under this chapter

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

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

26  check, or credit card even when that representative or

27  employee is subsequently reimbursed by such entity.

28         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE

29  OR FOREIGN COMMERCE.--

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

31  to transport persons or property in interstate or foreign


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                                         HB 1981, Second Engrossed



  1  commerce, including commercial fishing vessels, is subject to

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

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

  4  mileage to interstate or foreign mileage traveled by the

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

  6  commerce and which had at least some Florida mileage during

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

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

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

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

11  determined on the basis of an estimated ratio of anticipated

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

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

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

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

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

17  total Florida purchases of such vessels and parts thereof

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

19  total used and consumed in intrastate movement and subject to

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

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

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

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

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

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

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

27  to transport persons or property in interstate and foreign

28  commerce are hereby determined to be susceptible to a distinct

29  and separate classification for taxation under the provisions

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

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


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                                         HB 1981, Second Engrossed



  1         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES

  2  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--

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

  4  the Surface Transportation Board Interstate Commerce

  5  Commission and parts thereof used to transport persons or

  6  property in interstate or foreign commerce are subject to tax

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

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

  9  to interstate or foreign mileage traveled by the carrier

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

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

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

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

14  apportionment factor may be determined on the basis of an

15  estimated ratio of anticipated miles in this state to

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

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

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

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

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

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

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

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

24  basis for imposition of any discretionary surtax is set forth

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

26  by the Surface Transportation Board Interstate Commerce

27  Commission and parts thereof used to transport persons or

28  property in interstate and foreign commerce are hereby

29  determined to be susceptible to a distinct and separate

30  classification for taxation under the provisions of this

31  chapter.


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                                         HB 1981, Second Engrossed



  1         (b)  Motor vehicles which are engaged in interstate

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

  3  transport persons or property in interstate or foreign

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

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

  6  ratio of intrastate mileage to interstate or foreign mileage

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

  8  interstate or foreign commerce and which had at least some

  9  Florida mileage during the previous fiscal year of the

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

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

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

13  the carrier's mileage apportionment factor may be determined

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

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

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

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

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

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

20  total purchases of such motor vehicles and parts thereof which

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

22  used and consumed in intrastate movement and subject to tax

23  under this chapter. The basis for imposition of any

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

25  vehicles which are engaged in interstate commerce, and parts

26  thereof, used to transport persons or property in interstate

27  and foreign commerce are hereby determined to be susceptible

28  to a distinct and separate classification for taxation under

29  the provisions of this chapter. Motor vehicles and parts

30  thereof used exclusively in intrastate commerce do not qualify

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


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                                         HB 1981, Second Engrossed



  1  parts of a motor vehicle engaged in interstate commerce

  2  include a separate tank not connected to the fuel supply

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

  4  to operate a refrigeration unit or other equipment.

  5         (2)(a)  The amendments to paragraphs (ff) and (nn) of

  6  subsection (7) of s. 212.08, Florida Statutes, by this section

  7  apply retroactively to July 1, 2000.

  8         (b)  The amendments to the introductory paragraph and

  9  to the final, flush-left passage of subsection (7) of s.

10  212.08, Florida Statutes, by this section are made to clarify

11  rather than change existing law, and these amendments apply

12  retroactively to January 1, 2001.

13         Section 13.  Effective upon this act becoming a law and

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

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

16  to read:

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

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

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

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

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

24         (c)  Machinery and equipment used in production of

25  electrical or steam energy.--

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

27  a fixed location which machinery and equipment are necessary

28  in the production of electrical or steam energy resulting from

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

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

31  steam energy must be primarily for use in manufacturing,


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                                         HB 1981, Second Engrossed



  1  processing, compounding, or producing for sale items of

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

  3  amount of residual fuel to facilitate the burning of

  4  nonresidual fuel shall not reduce the exemption otherwise

  5  available under this paragraph.

  6         2.  In facilities where machinery and equipment are

  7  necessary to burn both residual and nonresidual fuels, the

  8  exemption shall be prorated. Such proration shall be based

  9  upon the production of electrical or steam energy from

10  nonresidual fuels as a percentage of electrical or steam

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

12  less of all electrical or steam energy generated was produced

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

14  Purchasers claiming a partial exemption shall obtain such

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

16  the department's rules.

17         3.  The department may adopt rules that provide for

18  implementation of this exemption. Purchasers of machinery and

19  equipment qualifying for the exemption provided in this

20  paragraph shall furnish the vendor department with an

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

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

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

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

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

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

27  documentation necessary to prove the exempt status of

28  purchases.

29         Section 14.  Effective July 1, 2001, paragraph (a) of

30  subsection (4), paragraphs (b), (d), and (f) of subsection

31


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                                         HB 1981, Second Engrossed



  1  (5), and subsection (10) of section 212.08, Florida Statutes,

  2  are amended to read:

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

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

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

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

  7  following are hereby specifically exempt from the tax imposed

  8  by this chapter.

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

10  ETC.--

11         (a)  Also exempt are:

12         1.  Water delivered to the purchaser through pipes or

13  conduits or delivered for irrigation purposes. The sale of

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

15  including water that contains minerals or carbonation in its

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

17  water treatment facility regulated by the Department of

18  Environmental Protection or the Department of Health, is

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

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

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

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

23  enhanced by the addition of minerals, and that does not

24  contain any added carbonation or flavorings, is also exempt.

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

26  including any municipal corporation or rural electric

27  cooperative association, in the generation of electric power

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

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

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

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


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                                         HB 1981, Second Engrossed



  1  those motor fuels and diesel fuels used by railroad

  2  locomotives or vessels to transport persons or property in

  3  interstate or foreign commerce, which are taxable under this

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

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

  6  foreign mileage traveled by the carrier's railroad locomotives

  7  or vessels that were used in interstate or foreign commerce

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

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

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

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

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

13  the total used and consumed in intrastate movement and subject

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

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

16  used exclusively in intrastate commerce do not qualify for the

17  proration of tax.

18         3.  The transmission or wheeling of electricity.

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

20         (b)  Machinery and equipment used to increase

21  productive output.--

22         1.  Industrial machinery and equipment purchased for

23  exclusive use by a new business in spaceport activities as

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

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

26  tangible personal property at fixed locations are exempt from

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

28  the taxpayer to the satisfaction of the department that such

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

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

31


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                                         HB 1981, Second Engrossed



  1  productive operations, and delivery of the purchased item must

  2  be made within 12 months of that date.

  3         2.a.  Industrial machinery and equipment purchased for

  4  exclusive use by an expanding facility which is engaged in

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

  6  expanding manufacturing facilities or plant units which

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

  8  tangible personal property at fixed locations in this state

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

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

11  showing by the taxpayer to the satisfaction of the department

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

13  such expanded facility or business by not less than 10

14  percent.

15         b.  Notwithstanding any other provision of this

16  section, industrial machinery and equipment purchased for use

17  in expanding printing manufacturing facilities or plant units

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

19  of tangible personal property at fixed locations in this state

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

21  an affirmative showing by the taxpayer to the satisfaction of

22  the department that such items are used to increase the

23  productive output of such an expanded business by not less

24  than 10 percent.

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

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

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

28  The application shall state that a new business exemption or

29  expanded business exemption is being sought. Upon a tentative

30  affirmative determination by the department pursuant to

31


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                                         HB 1981, Second Engrossed



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

  2  such permit.

  3         b.  The applicant shall be required to maintain all

  4  necessary books and records to support the exemption. Upon

  5  completion of purchases of qualified machinery and equipment

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

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

  8  the department by certified or registered mail.

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

10  department, it is determined that the machinery and equipment

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

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

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

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

15  payable to the department by the business entity, together

16  with the appropriate interest and penalty, computed from the

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

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

19  apply for a temporary exemption permit or if the tentative

20  determination by the department required to obtain a temporary

21  exemption permit is negative, a qualifying business entity

22  shall receive the exemption provided in subparagraph 1. or

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

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

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

26  commencement of production has occurred.

27         4.  The department shall promulgate rules governing

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

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

30  manner and form of refund applications and may establish

31  guidelines as to the requisites for an affirmative showing of


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                                         HB 1981, Second Engrossed



  1  increased productive output, commencement of production, and

  2  qualification for exemption.

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

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

  5  electric utility companies, communications companies, oil or

  6  gas exploration or production operations, publishing firms

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

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

  9  the Division of Hotels and Restaurants of the Department of

10  Business and Professional Regulation, or any firm which does

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

12  of tangible personal property or which does not use such

13  machinery and equipment in spaceport activities as required by

14  this paragraph. The exemptions provided in subparagraphs 1.

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

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

17  processing operations only by way of a prospective credit

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

19  chapter on such machinery and equipment.

20         6.  For the purposes of the exemptions provided in

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

22  meanings:

23         a.  "Industrial machinery and equipment" means tangible

24  personal property or other property that has a depreciable

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

26  in the manufacturing, processing, compounding, or production

27  of tangible personal property for sale or is exclusively used

28  in spaceport activities. A building and its structural

29  components are not industrial machinery and equipment unless

30  the building or structural component is so closely related to

31  the industrial machinery and equipment that it houses or


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                                         HB 1981, Second Engrossed



  1  supports that the building or structural component can be

  2  expected to be replaced when the machinery and equipment

  3  itself is replaced. Heating and air conditioning systems are

  4  not industrial machinery and equipment, unless the sole

  5  justification for their installation is to meet the

  6  requirements of the production process, even though the system

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

  8  insubstantial degree, nonproduction activities. "section 38

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

10  Internal Revenue Code, provided "industrial machinery and

11  equipment" shall be construed by regulations adopted by the

12  Department of Revenue to mean tangible property used as an

13  integral part of spaceport activities or of the manufacturing,

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

15  tangible personal property. Such term includes parts and

16  accessories only to the extent that the exemption thereof is

17  consistent with the provisions of this paragraph.

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

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

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

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

22  continuous months immediately following the completion of

23  installation of such machinery or equipment over the output

24  for the 12 continuous months immediately preceding such

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

26  period of time would more accurately reflect the increase in

27  productive output of machinery and equipment purchased to

28  facilitate an expansion, the increase in productive output may

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

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

31  Revenue and the expanding business prior to the commencement


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                                         HB 1981, Second Engrossed



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

  2  period begin later than 2 years following the completion of

  3  installation of the new machinery and equipment. The units

  4  used to measure productive output shall be physically

  5  comparable between the two periods, irrespective of sales.

  6         (d)  Machinery and equipment used under federal

  7  procurement contract.--

  8         1.  Industrial machinery and equipment purchased by an

  9  expanding business which manufactures tangible personal

10  property pursuant to federal procurement regulations at fixed

11  locations in this state are partially exempt from the tax

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

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

14  showing by the taxpayer to the satisfaction of the department

15  that such items are used to increase the implicit productive

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

17  The percentage of increase is measured as deflated implicit

18  productive output for the calendar year during which the

19  installation of the machinery or equipment is completed or

20  during which commencement of production utilizing such items

21  is begun divided by the implicit productive output for the

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

23  production begin later than 2 years following completion of

24  installation of the machinery or equipment.

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

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

27  per calendar year on qualifying industrial machinery or

28  equipment reduced by the percentage of gross receipts from

29  cost-reimbursement type contracts attributable to the plant or

30  operation to total gross receipts so attributable, accrued for

31  the year of completion or commencement.


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  1         3.  The exemption provided by this paragraph shall

  2  inure to the taxpayer only through refund of previously paid

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

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

  5  which application may be made on an annual basis following

  6  installation of the machinery or equipment.

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

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

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

10         b.  "Deflated implicit productive output" means the

11  product of implicit productive output times the quotient of

12  the national defense implicit price deflator for the preceding

13  calendar year divided by the deflator for the year of

14  completion or commencement.

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

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

17  excluding general and administrative costs, selling expenses,

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

19  adopted by the Cost-Accounting Standards Board created

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

21         d.  "Implicit productive output" means the annual

22  eligible costs attributable to all contracts or subcontracts

23  subject to federal procurement regulations of the single plant

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

25         e.  "Industrial machinery and equipment" means tangible

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

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

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

29  integral part of the process of production of tangible

30  personal property. A building and its structural components

31  are not industrial machinery and equipment unless the building


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  1  or structural component is so closely related to the

  2  industrial machinery and equipment that it houses or supports

  3  that the building or structural component can be expected to

  4  be replaced when the machinery and equipment itself is

  5  replaced. Heating and air conditioning systems are not

  6  industrial machinery and equipment, unless the sole

  7  justification for their installation is to meet the

  8  requirements of the production process, even though the system

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

10  insubstantial degree, nonproduction activities. "section 38

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

12  Internal Revenue Code, provided such industrial machinery and

13  equipment qualified as an eligible cost under federal

14  procurement regulations and are used as an integral part of

15  the tangible personal property production process. Such term

16  includes parts and accessories only to the extent that the

17  exemption of such parts and accessories is consistent with the

18  provisions of this paragraph.

19         f.  "National defense implicit price deflator" means

20  the national defense implicit price deflator for the gross

21  national product as determined by the Bureau of Economic

22  Analysis of the United States Department of Commerce.

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

24  to this exemption.  This exemption applies only to machinery

25  or equipment purchased pursuant to production contracts with

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

27  National Aeronautics and Space Administration, and other

28  federal agencies for which the contracts are classified for

29  national security reasons.  In no event shall the provisions

30  of this paragraph apply to any expanding business the increase

31  in productive output of which could be measured under the


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

  2  comparable between the two periods.

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

  4  picture or television production activities and sound

  5  recording equipment used in the production of master tapes and

  6  master records.--

  7         1.  Motion picture or video equipment and sound

  8  recording equipment purchased or leased for use in this state

  9  in production activities is exempt from the tax imposed by

10  this chapter. The exemption provided by this paragraph shall

11  inure to the taxpayer upon presentation of the certificate of

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

13  288.1258.

14         2.  For the purpose of the exemption provided in

15  subparagraph 1.:

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

17  recording equipment" includes only tangible personal property,

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

19  more and equipment meeting the definition of "section 38

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

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

22  exclusively as an integral part of production activities;

23  however, motion picture or video equipment and sound recording

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

25  video tape used in productions or other similar items;

26  vehicles or vessels; or general office equipment not

27  specifically suited to production activities.  In addition,

28  the term does not include equipment purchased or leased by

29  television or radio broadcasting or cable companies licensed

30  by the Federal Communications Commission. Furthermore, a

31  building and its structural components are not motion picture


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  1  or video equipment and sound recording equipment unless the

  2  building or structural component is so closely related to the

  3  motion picture or video equipment and sound recording

  4  equipment that it houses or supports that the building or

  5  structural component can be expected to be replaced when the

  6  motion picture or video equipment and sound recording

  7  equipment itself is replaced. Heating and air conditioning

  8  systems are not motion picture or video equipment and sound

  9  recording equipment, unless the sole justification for their

10  installation is to meet the requirements of the production

11  activities, even though the system may provide incidental

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

13  nonproduction activities.

14         b.  "Production activities" means activities directed

15  toward the preparation of a:

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

17         (II)  Motion picture or television production which is

18  produced for theatrical, commercial, advertising, or

19  educational purposes and utilizes live or animated actions or

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

21  or television production shall be commercially produced for

22  sale or for showing on screens or broadcasting on television

23  and may be on film or video tape.

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

25  OF ANOTHER STATE.--

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

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

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

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

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

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


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

  2  notarized statement of his or her intent to license the

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

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

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

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

  7  submit the statement to the appropriate sales tax collection

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

  9  subsection shall be construed to require the removal of the

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

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

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

13  45 days after the date of sale. Nothing in this paragraph

14  shall require the payment of tax to this state for assessments

15  made prior to July 1, 2001, if the tax imposed by this section

16  has been paid to the state in which the vehicle was licensed

17  and the department has assessed a like amount of tax on the

18  same transaction. This applies retroactively to assessments

19  which have been protested prior to August 1, 1999, and have

20  not been paid on July 1, 2001.

21         (b)  Notwithstanding the partial exemption allowed

22  under paragraph (a), a vehicle is subject to this state's

23  sales tax at the applicable state sales tax rate plus

24  authorized surtaxes when the vehicle is purchased by a

25  nonresident corporation or partnership and:

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

27  state;

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

29  10 percent of the corporation is a resident of this state; or

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

31  percent ownership is a resident of this state.


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  1

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

  3  days after purchase and remains outside the state for a

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

  5  exemption allowed under paragraph (a) despite the residency of

  6  owners or stockholders of the purchasing entity.

  7         Section 15.  (1)  It is the intent of the Legislature

  8  to provide guidance in tax matters that is current and useful.

  9  Accordingly, the continued reference to a federal regulation

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

11  persons affected by s. 212.08, Florida Statutes.

12         (2)  It is the purpose of the amendment to s.

13  212.08(5)(b), (d), and (f), Florida Statutes, by this act to

14  replace specific references therein to "section 38 property"

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

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

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

18  federal Internal Revenue Code regulation without limitation.

19         Section 16.  Subsection (6) of section 212.084, Florida

20  Statutes, is repealed.

21         Section 17.  Effective upon this act becoming a law,

22  and applying retroactively to June 1, 2001, if this act does

23  not become a law by that date, section 4 of chapter 96-395,

24  Laws of Florida, is repealed.

25         Section 18.  Subsection (2) of section 213.285, Florida

26  Statutes, is amended to read:

27         213.285  Certified audits.--

28         (2)(a)  The department is authorized to initiate a

29  certified audits project to further enhance tax compliance

30  reviews performed by qualified practitioners and to encourage

31  taxpayers to hire qualified practitioners at their own expense


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  1  to review and report on their tax compliance.  The nature of

  2  certified audit work performed by qualified practitioners

  3  shall be agreed-upon procedures in which the department is the

  4  specified user of the resulting report.

  5         (b)  As an incentive for taxpayers to incur the costs

  6  of a certified audit, the department shall compromise

  7  penalties and abate interest due on any tax liabilities

  8  revealed by a certified audit as provided in s. 213.21.  This

  9  authority to compromise penalties or abate interest shall not

10  apply to any liability for taxes that were collected by the

11  participating taxpayer but that were not remitted to the

12  department.

13         (c)  The certified audits project is repealed on July

14  1, 2006 2002, or upon completion of the project as determined

15  by the department, whichever occurs first.

16         Section 19.  Paragraph (n) of subsection (7) of section

17  213.053, Florida Statutes, is amended to read:

18         213.053  Confidentiality and information sharing.--

19         (7)  Notwithstanding any other provision of this

20  section, the department may provide:

21         (n)  Information contained in returns, reports,

22  accounts, or declarations to the Board of Accountancy in

23  connection with a disciplinary proceeding conducted pursuant

24  to chapter 473 when related to a certified public accountant

25  participating in the certified audits project, or to the court

26  in connection with a civil proceeding brought by the

27  department relating to a claim for recovery of taxes due to

28  negligence on the part of a certified public accountant

29  participating in the certified audits project.  In any

30  judicial proceeding brought by the department, upon motion for

31  protective order, the court shall limit disclosure of tax


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                                         HB 1981, Second Engrossed



  1  information when necessary to effectuate the purposes of this

  2  section.  This paragraph is repealed on July 1, 2006 2002.

  3

  4  Disclosure of information under this subsection shall be

  5  pursuant to a written agreement between the executive director

  6  and the agency.  Such agencies, governmental or

  7  nongovernmental, shall be bound by the same requirements of

  8  confidentiality as the Department of Revenue.  Breach of

  9  confidentiality is a misdemeanor of the first degree,

10  punishable as provided by s. 775.082 or s. 775.083.

11         Section 20.  Subsection (8) of section 213.21, Florida

12  Statutes, is amended to read:

13         213.21  Informal conferences; compromises.--

14         (8)  In order to determine whether certified audits are

15  an effective tool in the overall state tax collection effort,

16  the executive director of the department or the executive

17  director's designee shall settle or compromise penalty

18  liabilities of taxpayers who participate in the certified

19  audits project.  As further incentive for participating in the

20  program, the department shall abate the first $25,000 of any

21  interest liability and 25 percent of any interest due in

22  excess of the first $25,000. A settlement or compromise of

23  penalties or interest pursuant to this subsection shall not be

24  subject to the provisions of paragraph (3)(a), except for the

25  requirement relating to confidentiality of records.  The

26  department may consider an additional compromise of tax or

27  interest pursuant to the provisions of paragraph (3)(a).  This

28  subsection does not apply to any liability related to taxes

29  collected but not remitted to the department.  This subsection

30  is repealed on July 1, 2006 2002.

31


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  1         Section 21.  Subsection (3) is added to section 213.30,

  2  Florida Statutes, to read:

  3         213.30  Compensation for information relating to a

  4  violation of the tax laws.--

  5         (1)  The executive director of the department, pursuant

  6  to rules adopted by the department, is authorized to

  7  compensate persons providing information to the department

  8  leading to:

  9         (a)  The punishment of, or collection of taxes,

10  penalties, or interest from, any person with respect to the

11  taxes enumerated in s. 213.05.  The amount of any payment made

12  under this paragraph may not exceed 10 percent of any tax,

13  penalties, or interest collected as a result of such

14  information.

15         (b)  The identification and registration of a taxpayer

16  who is not in compliance with the registration requirements of

17  any tax statute that is listed in s. 213.05.  The amount of

18  the payment made to any person who provides information to the

19  department which results in the registration of a noncompliant

20  taxpayer shall be $100.  The reward authorized in this

21  paragraph shall be paid only if the noncompliant taxpayer:

22         1.  Conducts business from a permanent, fixed location;

23         2.  Is engaged in a bona fide taxable activity; and

24         3.  Is found by the department to have an unpaid tax

25  liability.

26         (2)  Any employee of the department or of any other

27  state or federal agency who comes into possession of

28  information relating to a violation of a revenue law while an

29  employee of such agency may provide information to the

30  department of the type described in subsection (1), but the

31  employee may not be compensated under this section.  Any


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                                         HB 1981, Second Engrossed



  1  former employee of the department or any other state or

  2  federal agency who came into possession of information

  3  relating to a violation of a revenue law while an employee of

  4  such agency may provide information to the department of the

  5  type described in subsection (1), but the former employee may

  6  not receive compensation under this section.

  7         (3)  Notwithstanding the provisions of any other law,

  8  this section is the sole means by which any person may seek or

  9  obtain any moneys as the result of, in relation to, or founded

10  upon the failure by another person to comply with tax laws of

11  this state, and a person's use of any other law to seek or

12  obtain moneys for such failure is in derogation of this

13  statute and conflicts with the state's duty to administer the

14  tax laws.

15         Section 22.    The amendment to Section 213.30, Florida

16  Statutes, made by this act applies to any case in litigation

17  or under seal on the effective date of this act.

18         Section 23.  Subsection (9) of section 213.27, Florida

19  Statutes, is repealed.

20         Section 24.  Section 213.256, Florida Statutes, is

21  created to read:

22         213.256  Simplified Sales and Use Tax Administration

23  Act.--

24         (1)  As used in this section:

25         (a)  "Department" means the Department of Revenue.

26         (b)  "Agreement" means the Streamlined Sales and Use

27  Tax Agreement as amended and adopted on January 27, 2001, by

28  the Executive Committee of the National Conference of State

29  Legislatures.

30         (c)  "Certified automated system" means software

31  certified jointly by the states that are signatories to the


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                                         HB 1981, Second Engrossed



  1  agreement to calculate the tax imposed by each jurisdiction on

  2  a transaction, determine the amount of tax to remit to the

  3  appropriate state, and maintain a record of the transaction.

  4         (d)  "Certified service provider" means an agent

  5  certified jointly by the states that are signatories to the

  6  agreement to perform all of the seller's sales tax functions.

  7         (e)  "Person" means an individual, trust, estate,

  8  fiduciary, partnership, limited liability company, limited

  9  liability partnership, corporation, or any other legal entity.

10         (f)  "Sales tax" means the tax levied under chapter

11  212.

12         (g)  "Seller" means any person making sales, leases, or

13  rentals of personal property or services.

14         (h)  "State" means any state of the United States and

15  the District of Columbia.

16         (i)  "Use tax" means the tax levied under chapter 212.

17         (2)(a)  The executive director of the department shall

18  enter into the Streamlined Sales and Use Tax Agreement with

19  one or more states to simplify and modernize sales and use tax

20  administration in order to substantially reduce the burden of

21  tax compliance for all sellers and for all types of commerce.

22  In furtherance of the agreement, the executive director of the

23  department or his or her designee shall act jointly with other

24  states that are members of the agreement to establish

25  standards for certification of a certified service provider

26  and certified automated system and establish performance

27  standards for multistate sellers.

28         (b)  The executive director of the department or his or

29  her designee shall take other actions reasonably required to

30  administer this section. Other actions authorized by this

31  section include, but are not limited to, the adoption of rules


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  1  and the joint procurement, with other member states, of goods

  2  and services in furtherance of the cooperative agreement.

  3         (c)  The executive director of the department or his or

  4  her designee may represent this state before the other states

  5  that are signatories to the agreement.

  6         (3)  The executive director of the department shall not

  7  enter into the Streamlined Sales and Use Tax Agreement unless

  8  the agreement requires each state to abide by the following

  9  requirements:

10         (a)  The agreement must set restrictions to limit, over

11  time, the number of state tax rates.

12         (b)  The agreement must establish uniform standards

13  for:

14         1.  The sourcing of transactions to taxing

15  jurisdictions.

16         2.  The administration of exempt sales.

17         3.  Sales and use tax returns and remittances.

18         (c)  The agreement must provide a central electronic

19  registration system that allows a seller to register to

20  collect and remit sales and use taxes for all signatory

21  states.

22         (d)  The agreement must provide that registration with

23  the central registration system and the collection of sales

24  and use taxes in the signatory state will not be used as a

25  factor in determining whether the seller has nexus with a

26  state for any tax.

27         (e)  The agreement must provide for reduction of the

28  burdens of complying with local sales and use taxes through:

29         1.  Restricting variances between the state and local

30  tax bases.

31


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  1         2.  Requiring states to administer any sales and use

  2  taxes levied by local jurisdictions within the state so that

  3  sellers who collect and remit these taxes will not have to

  4  register or file returns with, remit funds to, or be subject

  5  to independent audits from local taxing jurisdictions.

  6         3.  Restricting the frequency of changes in the local

  7  sales and use tax rates and setting effective dates for the

  8  application of local jurisdictional boundary changes to local

  9  sales and use taxes.

10         4.  Providing notice of changes in local sales and use

11  tax rates and of local changes in the boundaries of local

12  taxing jurisdictions.

13         (f)  The agreement must outline any monetary allowances

14  that are to be provided by the states to sellers or certified

15  service providers. The agreement must allow for a joint study

16  by the public and private sectors, which must be completed by

17  July 1, 2002, of the compliance cost to sellers and certified

18  service providers of collecting sales and use taxes for state

19  and local governments under various levels of complexity.

20         (g)  The agreement must require each state to certify

21  compliance with the terms of the agreement before joining and

22  to maintain compliance, under the laws of the member state,

23  with all provisions of the agreement while a member.

24         (h)  The agreement must require each state to adopt a

25  uniform policy for certified service providers which protects

26  the privacy of consumers and maintains the confidentiality of

27  tax information.

28         (i)  The agreement must provide for the appointment of

29  an advisory council of private sector representatives and an

30  advisory council of nonmember state representatives to consult

31  within the administration of the agreement.


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  1         (4)  For the purposes of reviewing or amending the

  2  agreement to embody the simplification requirements as set

  3  forth in subsection (3), this state shall enter into

  4  multistate discussions. For purposes of such discussions, this

  5  state shall be represented by three delegates, one appointed

  6  by the President of the Senate, one appointed by the Speaker

  7  of the House of Representatives, and the executive director of

  8  the department or his or her designee.

  9         (5)  No provision of the agreement authorized by this

10  section in whole or in part invalidates or amends any

11  provision of the laws of this state. Adoption of the agreement

12  by this state does not amend or modify any law of the state.

13  Implementation of any condition of the agreement in this

14  state, whether adopted before, at, or after membership of this

15  state in the agreement, must be by the action of the state.

16         (6)  The agreement authorized by this section is an

17  accord among individual cooperating sovereigns in furtherance

18  of their governmental functions. The agreement provides a

19  mechanism among the member states to establish and maintain a

20  cooperative, simplified system for the application and

21  administration of sales and use taxes under the duly adopted

22  law of each member state.

23         (7)(a)  The agreement authorized by this act binds and

24  inures only to the benefit of this state and the other member

25  states. No person, other than a member state, is an intended

26  beneficiary of the agreement. Any benefit to a person other

27  than a state is established by the laws of this state and of

28  other member states and not by the terms of the agreement.

29         (b)  Consistent with paragraph (a), no person has any

30  cause of action or defense under the agreement or by virtue of

31  this state's approval of the agreement. No person may


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  1  challenge, in any action brought under any provision of law,

  2  any action or inaction by any department, agency, or other

  3  instrumentality of this state, or of any political subdivision

  4  of this state, on the ground that the action or inaction is

  5  inconsistent with the agreement.

  6         (c)  No law of this state, or the application thereof,

  7  may be declared invalid as to any person or circumstance on

  8  the ground that the provision or application is inconsistent

  9  with the agreement.

10         (8)(a)  A certified service provider is the agent of a

11  seller with whom the certified service provider has contracted

12  for the collection and remittance of sales and use taxes. As

13  the seller's agent, the certified service provider is liable

14  for sales and use tax due each member state on all sales

15  transactions it processes for the seller except as set out in

16  this subsection.

17         (b)  A seller that contracts with a certified service

18  provider is not liable to the state for sales or use tax due

19  on transactions processed by the certified service provider

20  unless the seller has misrepresented the type of items it

21  sells or has committed fraud. In the absence of probable cause

22  to believe that the seller has committed fraud or made a

23  material misrepresentation, the seller is not subject to audit

24  on the transactions processed by the certified service

25  provider. A seller is subject to audit for transactions that

26  have not been processed by the certified service provider. The

27  member states acting jointly may perform a system check of the

28  seller and review the seller's procedures to determine if the

29  certified service provider's system is functioning properly

30  and to determine the extent to which the seller's transactions

31  are being processed by the certified service provider.


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  1         (c)  A person that provides a certified automated

  2  system is responsible for the proper functioning of that

  3  system and is liable to the state for underpayments of tax

  4  attributable to errors in the functioning of the certified

  5  automated system. A seller that uses a certified automated

  6  system remains responsible and is liable to the state for

  7  reporting and remitting tax.

  8         (d)  A seller that has a proprietary system for

  9  determining the amount of tax due on transactions and has

10  signed an agreement establishing a performance standard for

11  that system is liable for the failure of the system to meet

12  the performance standard.

13         (9)  Disclosure of information necessary under this

14  section must be pursuant to a written agreement between the

15  executive director of the department or his or her designee

16  and the certified service provider. The certified service

17  provider is bound by the same requirements of confidentiality

18  as the department. Breach of confidentiality is a misdemeanor

19  of the first degree, punishable as provided in s. 775.082 or

20  s. 775.083.

21         (10)  On or before January 1 annually, the department

22  shall provide recommendations to the President of the Senate,

23  the Senate Minority Leader, the Speaker of the House of

24  Representatives, and the Minority Leader of the House of

25  Representatives for provisions to be adopted for inclusion

26  within the system which are necessary to bring it into

27  compliance with the Streamlined Sales and Use Tax Agreement.

28         Section 25.  Notwithstanding section 10 of chapter

29  90-110, Laws of Florida, subsection (3) of s. 215.20, Florida

30  Statutes, shall not expire on October 1, 2001, as scheduled by

31


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                                         HB 1981, Second Engrossed



  1  that section, but subsection (3) of s. 215.20, Florida

  2  Statutes, is revived and readopted.

  3         Section 26.  Effective July 1, 2001, subsection (4) of

  4  section 220.22, Florida Statutes, is amended to read:

  5         220.22  Returns; filing requirement.--

  6         (4)  The department shall designate by rule certain

  7  not-for-profit entities and others that are not required to

  8  file a return, including an initial information return, under

  9  this code unless the entities have taxable income as defined

10  in s. 220.13(2). These entities shall include subchapter S

11  corporations, tax-exempt entities, and others that do not

12  usually owe federal income tax. For the year in which an

13  election is made pursuant to s. 1361(b)(3) of the Internal

14  Revenue Code, the qualified subchapter S subsidiary shall file

15  an informational return with the department, which return

16  shall be restricted to information identifying the subsidiary,

17  the electing S corporation parent, and the effective date of

18  the election.

19         Section 27.  Paragraph (e) of subsection (3) of section

20  443.131, Florida Statutes, is amended to read:

21         443.131  Contributions.--

22         (3)  CONTRIBUTION RATES BASED ON BENEFIT EXPERIENCE.--

23         (e)1.  Variations from the standard rate of

24  contributions shall be assigned with respect to each calendar

25  year to employers eligible therefor. In determining the

26  contribution rate, varying from the standard rate to be

27  assigned each employer, adjustment factors provided for in

28  sub-subparagraphs a.-c. will be added to the benefit ratio.

29  This addition will be accomplished in two steps by adding a

30  variable adjustment factor and a final adjustment factor as

31  defined below. The sum of these adjustment factors provided


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  1  for in sub-subparagraphs a.-c. will first be algebraically

  2  summed. The sum of these adjustment factors will then be

  3  divided by a gross benefit ratio to be determined as follows:

  4  Total benefit payments for the previous 3 years, as defined in

  5  subparagraph (b)1., charged to employers eligible to be

  6  assigned a contribution rate different from the standard rate

  7  minus excess payments for the same period divided by taxable

  8  payroll entering into the computation of individual benefit

  9  ratios for the calendar year for which the contribution rate

10  is being computed. The ratio of the sum of the adjustment

11  factors provided for in sub-subparagraphs a.-c. to the gross

12  benefit ratio will be multiplied by each individual benefit

13  ratio below the maximum tax rate to obtain variable adjustment

14  factors; except that in any instance in which the sum of an

15  employer's individual benefit ratio and variable adjustment

16  factor exceeds the maximum tax rate, the variable adjustment

17  factor will be reduced so that the sum equals the maximum tax

18  rate. The variable adjustment factor of each such employer

19  will be multiplied by his or her taxable payroll entering into

20  the computation of his or her benefit ratio. The sum of these

21  products will be divided by the taxable payroll of such

22  employers that entered into the computation of their benefit

23  ratios. The resulting ratio will be subtracted from the sum of

24  the adjustment factors provided for in sub-subparagraphs a.-c.

25  to obtain the final adjustment factor. The variable adjustment

26  factors and the final adjustment factor will be computed to

27  five decimal places and rounded to the fourth decimal place.

28  This final adjustment factor will be added to the variable

29  adjustment factor and benefit ratio of each employer to obtain

30  each employer's contribution rate; however, at no time shall

31


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                                         HB 1981, Second Engrossed



  1  an employer's contribution rate be rounded to less than 0.1

  2  percent.

  3         a.  An adjustment factor for noncharge benefits will be

  4  computed to the fifth decimal place, and rounded to the fourth

  5  decimal place, by dividing the amount of benefit payments

  6  noncharged in the 3 preceding years as defined in subparagraph

  7  (b)1. by the taxable payroll of employers eligible to be

  8  considered for assignment of a contribution rate different

  9  from the standard rate that have a benefit ratio for the

10  current year less than the maximum contribution rate. The

11  taxable payroll of such employers will be the taxable payrolls

12  for the 3 years ending June 30 of the current calendar year

13  that had been reported to the division by September 30 of the

14  same calendar year. Noncharge benefits for the purpose of this

15  section shall be defined as benefit payments to an individual

16  which were paid from the Unemployment Compensation Trust Fund

17  but which were not charged to the unemployment record of any

18  employer.

19         b.  An excess payments adjustment factor will be

20  computed to the fifth decimal place, and rounded to the fourth

21  decimal place, by dividing the total excess payments during

22  the 3 preceding years as defined in subparagraph (b)1. by the

23  taxable payroll of employers eligible to be considered for

24  assignment of a contribution rate different from the standard

25  rate that have a benefit ratio for the current year less than

26  the maximum contribution rate. The taxable payroll of such

27  employers will be the same as used in computing the noncharge

28  adjustment factor as described in sub-subparagraph a. The term

29  "excess payments" for the purpose of this section is defined

30  as the amount of benefit payments charged to the employment

31  record of an employer during the 3 preceding years, as defined


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                                         HB 1981, Second Engrossed



  1  in subparagraph (b)1., less the product of the maximum

  2  contribution rate and his or her taxable payroll for the 3

  3  years ending June 30 of the current calendar year that had

  4  been reported to the division by September 30 of the same

  5  calendar year. The term "total excess payments" is defined as

  6  the sum of the individual employer excess payments for those

  7  employers that were eligible to be considered for assignment

  8  of a contribution rate different from the standard rate.

  9         c.  If the balance in the Unemployment Compensation

10  Trust Fund as of June 30 of the calendar year immediately

11  preceding the calendar year for which the contribution rate is

12  being computed is less than 3.7 4 percent of the taxable

13  payrolls for the year ending June 30 as reported to the

14  division by September 30 of that calendar year, a positive

15  adjustment factor will be computed. Such adjustment factor

16  shall be computed annually to the fifth decimal place, and

17  rounded to the fourth decimal place, by dividing the sum of

18  the total taxable payrolls for the year ending June 30 of the

19  current calendar year as reported to the division by September

20  30 of such calendar year into a sum equal to one-fourth of the

21  difference between the amount in the fund as of June 30 of

22  such calendar year and the sum of 4.7 5 percent of the total

23  taxable payrolls for that year. Such adjustment factor will

24  remain in effect in subsequent years until a balance in the

25  Unemployment Compensation Trust Fund as of June 30 of the year

26  immediately preceding the effective date of such contribution

27  rate equals or exceeds 3.7 4 percent of the taxable payrolls

28  for the year ending June 30 of the current calendar year as

29  reported to the division by September 30 of that calendar

30  year. If the balance in the Unemployment Compensation Trust

31  Fund as of June 30 of the year immediately preceding the


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                                         HB 1981, Second Engrossed



  1  calendar year for which the contribution rate is being

  2  computed exceeds 4.7 5 percent of the taxable payrolls for the

  3  year ending June 30 of the current calendar year as reported

  4  to the division by September 30 of that calendar year, a

  5  negative adjustment factor will be computed. Such adjustment

  6  factor shall be computed annually to the fifth decimal place,

  7  and rounded to the fourth decimal place, by dividing the sum

  8  of the total taxable payrolls for the year ending June 30 of

  9  the current calendar year as reported to the division by

10  September 30 of such calendar year into a sum equal to

11  one-fourth of the difference between the amount in the fund as

12  of June 30 of the current calendar year and 4.7 5 percent of

13  the total taxable payrolls of such year. Such adjustment

14  factor will remain in effect in subsequent years until the

15  balance in the Unemployment Compensation Trust Fund as of June

16  30 of the year immediately preceding the effective date of

17  such contribution rate is less than 4.7 5 percent but more

18  than 3.7 4 percent of the taxable payrolls for the year ending

19  June 30 of the current calendar year as reported to the

20  division by September 30 of that calendar year.

21         d.  The maximum contribution rate that can be assigned

22  to any employer shall be 5.4 percent, except those employers

23  participating in an approved short-time compensation plan in

24  which case the maximum shall be 1 percent above the current

25  maximum contribution rate, with respect to any calendar year

26  in which short-time compensation benefits are in the

27  employer's employment record.

28         2.  In the event of the transfer of employment records

29  to an employing unit pursuant to paragraph (g) which, prior to

30  such transfer, was an employer, the division shall recompute a

31  benefit ratio for the successor employer on the basis of the


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  1  combined employment records and reassign an appropriate

  2  contribution rate to such successor employer as of the

  3  beginning of the calendar quarter immediately following the

  4  effective date of such transfer of employment records.

  5         Section 28.  (1)  Section 443.1315, Florida Statutes,

  6  is created to read:

  7         443.1315  Treatment of Indian tribes.--

  8         (1)  As used in this section:

  9         (a)  "Employer" includes any Indian tribe for which

10  service in employment as defined by this chapter is performed.

11         (b)  "Employment" includes service performed in the

12  employ of an Indian tribe, as defined by s. 3306(u) of the

13  Federal Unemployment Tax Act, provided such service is

14  excluded from "employment," as defined by said act, solely by

15  reason of s. 3306(c)(7) of said act and is not otherwise

16  excluded from "employment" under this chapter. For purposes of

17  this section, the exclusions from employment under s.

18  443.036(21)(d) shall be applicable to services performed in

19  the employ of an Indian tribe.

20         (2)  Benefits based on service in employment, as

21  defined by this section, shall be payable in the same amount,

22  on the same terms, and subject to the same conditions as

23  benefits payable on the basis of other service subject to this

24  chapter.

25         (3)(a)  Indian tribes or tribal units, including

26  subdivisions, subsidiaries, or business enterprises wholly

27  owned by such Indian tribes, subject to this chapter shall pay

28  contributions under the same terms and conditions as all other

29  subject employers, unless they elect to pay into the

30  Unemployment Compensation Trust Fund amounts equal to the

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                                         HB 1981, Second Engrossed



  1  amount of benefits attributable to service in the employ of

  2  the Indian tribe.

  3         (b)  Indian tribes electing to make payments in lieu of

  4  contributions must make such election in the same manner and

  5  under the same conditions as provided by s. 443.131 for state

  6  and local governments and nonprofit organizations subject to

  7  this chapter. Indian tribes shall determine if reimbursement

  8  for benefits paid will be elected by the tribe as a whole, by

  9  individual tribal units, or by combinations of individual

10  tribal units.

11         (c)  Indian tribes or tribal units shall be billed for

12  the full amount of benefits attributable to service in the

13  employ of the Indian tribe or tribal unit on the same schedule

14  as other employing units that have elected to make payments in

15  lieu of contributions.

16         (d)  At the discretion of the director of the Agency

17  for Workforce Innovation or his or her designee, any Indian

18  tribe or tribal unit that elects to become liable for payments

19  in lieu of contributions shall be required, within 90 days

20  after the effective date of its election, to:

21         1.  Execute and file with the director or his or her

22  designee a surety bond approved by the director or his or her

23  designee; or

24         2.  Deposit with the director or his or her designee

25  money or securities on the same basis as other employers with

26  the same election option.

27         (4)(a)1.  Failure of the Indian tribe or tribal unit to

28  make required payments, including assessments of interest and

29  penalty, within 90 days after receipt of the bill, will cause

30  the Indian tribe to lose the option to make payments in lieu

31  of contributions, as described in subsection (3), for the


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  1  following tax year, unless payment in full is received before

  2  contribution rates for the next tax year are computed.

  3         2.  Any Indian tribe that loses the option to make

  4  payments in lieu of contributions due to late payment or

  5  nonpayment, as described in subparagraph 1., shall have such

  6  option reinstated if, after a period of 1 year, all

  7  contributions have been made timely, provided no

  8  contributions, payments in lieu of contributions for benefits

  9  paid, penalties, or interest remain outstanding.

10         (b)1.  Failure of the Indian tribe or any tribal unit

11  thereof to make required payments, including assessments of

12  interest and penalty, after all collection activities deemed

13  necessary by the director of the Agency for Workforce

14  Innovation or his or her designee have been exhausted, will

15  cause services performed for such tribe to not be treated as

16  "employment" for purposes of paragraph (1)(b).

17         2.  The director or his or her designee may determine

18  that any Indian tribe that loses coverage under subparagraph

19  1. may have services performed for such tribe again included

20  as "employment" for purposes of paragraph (1)(b) if all

21  contributions, payments in lieu of contributions, penalties,

22  and interest have been paid.

23         (c)  If an Indian tribe fails to make payments required

24  under this section, including assessments of interest and

25  penalty, within 90 days after a final notice of delinquency,

26  the director of the Agency for Workforce Innovation shall

27  immediately notify the United States Internal Revenue Service

28  and the United States Department of Labor.

29         (5)  Notices of payment and reporting delinquency to

30  Indian tribes or their tribal units shall include information

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                                         HB 1981, Second Engrossed



  1  that failure to make full payment within the prescribed

  2  timeframe:

  3         (a)  Will cause the Indian tribe to be liable for taxes

  4  under the Federal Unemployment Tax Act.

  5         (b)  Will cause the Indian tribe to lose the option to

  6  make payments in lieu of contributions.

  7         (c)  Could cause the Indian tribe to be excepted from

  8  the definition of "employer," as provided in paragraph (1)(a),

  9  and services in the employ of the Indian tribe, as provided in

10  paragraph (1)(b), to be excepted from "employment."

11         (6)  Extended benefits paid that are attributable to

12  service in the employ of an Indian tribe and not reimbursed by

13  the Federal Government shall be financed in their entirety by

14  such Indian tribe.

15         (7)  The Agency for Workforce Innovation is authorized

16  to adopt any rules it deems necessary to implement this

17  section.

18         (2)  This section shall take effect upon this act

19  becoming a law and shall apply retroactively to December 21,

20  2000.

21         Section 29.  Effective July 1, 2001, subsection (10) of

22  section 624.509, Florida Statutes, is repealed.

23         Section 30.  Except as otherwise provided herein, this

24  act shall take effect upon becoming a law.

25

26

27

28

29

30

31


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