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
                                  17
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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
                                  18
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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.
                                  19
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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
                                  20
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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
                                  21
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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:
                                  23
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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,
                                  24
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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
                                  25
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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
                                  26
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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
                                  27
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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
                                  28
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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
                                  29
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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
                                  30
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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
                                  31
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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.--
                                  32
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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,
                                  33
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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
                                  47
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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
                                  49
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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
                                  50
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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
                                  51
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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
                                  53
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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
                                  54
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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,
                                  58
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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
                                  60
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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
                                  64
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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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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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                                         HB 1981, Second Engrossed
  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
31
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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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                                         HB 1981, Second Engrossed
  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
31
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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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