Senate Bill sb2302c1

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    Florida Senate - 2002                           CS for SB 2302

    By the Committee on Finance and Taxation; and Senator Pruitt





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  1                      A bill to be entitled

  2         An act relating to tax administration;

  3         repealing s. 212.084(6), F.S.; eliminating

  4         provisions for temporary exemption

  5         certificates; repealing s. 212.08(7)(ccc),

  6         F.S.; eliminating the specific sales tax

  7         exemption for organizations providing crime

  8         prevention, drunk-driving prevention, and

  9         juvenile-delinquency-prevention services;

10         amending s. 212.08, F.S.; reinstating

11         retroactively the sales tax exemption for

12         parent-teacher organizations and parent-teacher

13         associations; eliminating obsolete provisions;

14         requiring a purchaser to file an affidavit

15         stating the exempt nature of a purchase with

16         the selling vendor instead of the Department of

17         Revenue; providing for retroactive application;

18         replacing the definition of the term "section

19         38 property" with an express definition of the

20         terms "industrial machinery and equipment" and

21         "motion picture and video equipment"; providing

22         intent and purpose; imposing certain

23         requirements, for purposes of taxation, on the

24         removal of a motor vehicle from this state;

25         providing residency requirements of corporate

26         officers, corporate stockholders, and partners

27         in a partnership relating to the taxable status

28         of sales of motor vehicles; amending s. 212.06,

29         F.S.; clarifying the definition of the term

30         "fixtures"; eliminating reference to the term

31         "trade fixture"; amending s. 212.08, F.S.;

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  1         replacing the Interstate Commerce Commission

  2         with the Surface Transportation Board as the

  3         entity that licenses certain railroads as

  4         common carriers; providing that, for a vessel,

  5         railroad, or motor carrier engaged in

  6         interstate or foreign commerce, sales tax

  7         applies to taxable purchases in this state and

  8         applies even if the vessel, railroad, or motor

  9         carrier has operated for less than a fiscal

10         year; repealing s. 624.509(10), F.S., which

11         provides for an exemption from the insurance

12         premium tax for insurers who write monoline

13         flood insurance policies; amending s. 213.285,

14         F.S.; delaying the future repeal of the

15         certified audit project; amending ss. 213.053,

16         213.21, F.S.; conforming repeal dates; amending

17         s. 11, ch. 2000-165, Laws of Florida;

18         clarifying which provisions of ch. 213, F.S.,

19         apply to the collection of unemployment

20         contributions; amending s. 45.031, F.S.;

21         requiring the clerk of court to give notice to

22         the Department of Revenue if there is a surplus

23         resulting from the foreclosure of an

24         unemployment compensation tax lien; amending s.

25         69.041, F.S.; permitting the department to

26         participate in the disbursement of unemployment

27         compensation tax lien foreclosure funds;

28         amending s. 213.053, F.S.; providing for

29         confidentiality and information sharing;

30         creating s. 443.1315, F.S.; providing

31         definitions; providing for treatment of Indian

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  1         tribes under the Unemployment Compensation Law;

  2         providing that Indian tribes or tribal units

  3         may elect to make payments in lieu of

  4         contributions and providing requirements with

  5         respect thereto; providing that such Indian

  6         tribe or tribal unit may be required to file a

  7         bond or deposit security at the discretion of

  8         the director of the Agency for Workforce

  9         Innovation; providing effect of failure of such

10         tribe or unit to make required payments;

11         providing requirements for notices; providing

12         responsibility for certain extended benefits;

13         providing for rules; providing for retroactive

14         application; amending ss. 443.163, 213.755,

15         F.S.; requiring certain employers to file

16         unemployment compensation reports and taxes

17         electronically; amending s. 213.21, F.S.;

18         allowing for the de novo review by a court of

19         penalty compromise determinations made by the

20         Department of Revenue; providing for an

21         automatic compromise of penalties under certain

22         circumstances; providing an exception to

23         confidentiality requirements; amending s.

24         212.07, F.S.; providing for a penalty structure

25         that limits liability for inadvertent

26         registration errors; encouraging voluntary

27         self-disclosure; amending s. 213.24, F.S.;

28         limiting the amount of automated refunds to the

29         cost of processing the refund; amending s.

30         55.202, F.S.; enabling a designee of the

31         Department of Revenue to enter lien information

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  1         into the Secretary of State's database without

  2         incurring a fee; amending ss. 213.235, 220.807,

  3         F.S.; providing that the interest rate on tax

  4         deficiencies shall be an adjusted prime rate

  5         plus two percentage points; amending s.

  6         213.255, F.S.; allowing interest to accrue on

  7         certain refund claims on August 1 of the year

  8         the tax was due; amending s. 681.117, F.S.;

  9         allowing motor vehicle dealers to remit the

10         Lemon Law Fee for vehicles registered and

11         titled outside of Florida directly to the

12         Department of Revenue; amending s. 211.3103,

13         F.S.; clarifying that the county distributions

14         of the severance tax on phosphate rock are

15         calculated annually based on the production

16         information filed on the annual returns;

17         amending ss. 336.021, 336.025, F.S.; allowing

18         the imposition of local gas taxes to take

19         effect on January 1 and to be repealed on

20         December 31 of any year; amending s. 213.0535,

21         F.S.; allowing certain counties participating

22         in the RISE Program to share confidential

23         taxpayer information with other participating

24         counties; amending ss. 212.096, 212.098,

25         220.03, 220.181, 290.00677, F.S.; conforming

26         cross-references; clarifying definitions;

27         amending s. 212.031, F.S.; postponing the

28         effective date of provisions relating to

29         applicability of the tax on lease or rental of

30         certain property to property in publicly owned

31         facilities and used by concessionaires during

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  1         events at those facilities; amending s. 212.04,

  2         F.S.; postponing the effective date of

  3         provisions relating to applicability of the tax

  4         on admissions to certain events sponsored by

  5         governmental entities, sports authorities, and

  6         sports commissions; amending s. 212.02, F.S.,

  7         excluding from the definition of "lease,"

  8         "let," "rental," or "license" certain payments

  9         made by a regional transmission organization to

10         an electric utility; amending s. 212.12, F.S.,

11         providing for an exception from additional tax,

12         interest, and penalties for dealers who

13         erroneously collect and remit sales tax by

14         rounding to the nearest whole cent; reenacting

15         and amending s. 206.9825(1)(b), F.S.,

16         authorizing the continuation of an aviation

17         fuel tax credit for certain wholesalers or

18         terminal suppliers; providing a revised

19         calculation for revenue sharing distributions

20         to municipalities; providing effective dates.

21

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

23

24         Section 1.  Subsection (6) of section 212.084, Florida

25  Statutes, is repealed.

26         Section 2.  Effective July 1, 2002, subsection (7) of

27  section 212.08, Florida Statutes, is amended to read:

28         212.08  Sales, rental, use, consumption, distribution,

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

30  the rental, the use, the consumption, the distribution, and

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

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  1  following are hereby specifically exempt from the tax imposed

  2  by this chapter.

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

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

  5  that is otherwise taxable under this chapter when payment is

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

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

  8  card, even when that representative or employee is

  9  subsequently reimbursed by the entity. In addition, exemptions

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

11  transaction that is otherwise taxable under this chapter

12  unless the entity has obtained a sales tax exemption

13  certificate from the department or the entity obtains or

14  provides other documentation as required by the department.

15  Eligible purchases or leases made with such a certificate must

16  be in strict compliance with this subsection and departmental

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

18  certificate that is not in strict compliance with this

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

20  The department may adopt rules to administer this subsection.

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

22  tax imposed by this chapter is the sale of artificial

23  commemorative flowers by bona fide nationally chartered

24  veterans' organizations.

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

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

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

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

29  manufacturing, processing, compounding, or production process

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

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

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  1  allowed unless the purchaser signs a certificate stating that

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

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

  4  fuels that are not used in manufacturing, processing,

  5  compounding, or producing items of tangible personal property

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

  7  subject to regulation by the Division of Hotels and

  8  Restaurants of the Department of Business and Professional

  9  Regulation.

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

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

12  intended solely for use in the entrapment of Callinectes

13  sapidus and Menippe mercenaria.

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

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

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

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

18  and direct charges for films, videotapes, and transcriptions

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

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

21  United States and the official state flag of Florida.

22         (g)  Florida Retired Educators Association and its

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

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

25  and publications made by the Florida Retired Educators

26  Association and its local chapters.

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

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

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

30  for such guide dogs.

31

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

  2  of exemption to any blind person who holds an identification

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

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

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

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

  7  capable of being carried in a wallet or billfold.

  8         2.  The department shall make such rules concerning

  9  items exempt from tax under the provisions of this paragraph

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

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

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

13  shall not be required to pay any tax thereon.

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

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

16  meals are patients and inmates of any hospital or other

17  physical plant or facility designed and operated primarily for

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

19  physically incapacitated, or otherwise dependent on special

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

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

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

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

24  651, or that is financed by a mortgage loan made or insured by

25  the United States Department of Housing and Urban Development

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

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

28  similar facility designed and operated primarily for the care

29  of the aged.

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

31  tax imposed by this chapter are sales of utilities to

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  1  residential households or owners of residential models in this

  2  state by utility companies who pay the gross receipts tax

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

  4  households or owners of residential models, including oil,

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

  6  products used in the household or residential model for the

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

  8  regardless of whether such sales of utilities and fuels are

  9  separately metered and billed direct to the residents or are

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

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

12  taxable. The landlord shall provide a separate meter for

13  nonexempt utility or fuel consumption.  For the purposes of

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

15  exempt.

16         (k)  Meals provided by certain nonprofit

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

18  chapter the sale of prepared meals by a nonprofit volunteer

19  organization to handicapped, elderly, or indigent persons when

20  such meals are delivered as a charitable function by the

21  organization to such persons at their places of residence.

22         (l)  Organizations providing special educational,

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

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

25  leases to and sales of donated property by nonprofit

26  organizations which are incorporated pursuant to chapter 617

27  the primary purpose of which is providing activities that

28  contribute to the development of good character or good

29  sportsmanship, or to the educational or cultural development,

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

31  the organization that has a salaried executive officer or an

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  1  elected nonsalaried executive officer. For the purpose of this

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

  3  transferred to such nonprofit organization for less than 50

  4  percent of its fair market value.

  5         (m)  Religious institutions.--

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

  7  chapter transactions involving sales or leases directly to

  8  religious institutions when used in carrying on their

  9  customary nonprofit religious activities or sales or leases of

10  tangible personal property by religious institutions having an

11  established physical place for worship at which nonprofit

12  religious services and activities are regularly conducted and

13  carried on.

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

15  institutions" means churches, synagogues, and established

16  physical places for worship at which nonprofit religious

17  services and activities are regularly conducted and carried

18  on. The term "religious institutions" includes nonprofit

19  corporations the sole purpose of which is to provide free

20  transportation services to church members, their families, and

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

22  includes nonprofit state, nonprofit district, or other

23  nonprofit governing or administrative offices the function of

24  which is to assist or regulate the customary activities of

25  religious institutions. The term "religious institutions" also

26  includes any nonprofit corporation that is qualified as

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

28  1986, as amended, and that owns and operates a Florida

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

30  which station consists of programs of a religious nature and

31  the financial support for which, exclusive of receipts for

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  1  broadcasting from other nonprofit organizations, is

  2  predominantly from contributions from the general public. The

  3  term "religious institutions" also includes any nonprofit

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

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

  6  activity of which is making and distributing audio recordings

  7  of religious scriptures and teachings to blind or visually

  8  impaired persons at no charge. The term "religious

  9  institutions" also includes any nonprofit corporation that is

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

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

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

13  services, evangelistic services, religious education,

14  administrative assistance, or missionary assistance for a

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

16  which nonprofit religious services and activities are

17  regularly conducted.

18         (n)  Veterans' organizations.--

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

20  chapter transactions involving sales or leases to qualified

21  veterans' organizations and their auxiliaries when used in

22  carrying on their customary veterans' organization activities.

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

24  organizations" means nationally chartered or recognized

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

26  Florida chapters of the Paralyzed Veterans of America,

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

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

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

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

31  Code of 1986, as amended.

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

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

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

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

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

  6  organizations determined by the Internal Revenue Service to be

  7  currently exempt from federal income tax pursuant to s.

  8  501(c)(3) of the Internal Revenue Code of 1986, as amended,

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

10  customary nonprofit activities.

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

12  resource recovery equipment which is owned and operated by or

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

14  Department of Environmental Protection under the provisions of

15  s. 403.715.

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

17  applies to school books used in regularly prescribed courses

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

19  or nonprofit schools operated for and attended by pupils of

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

21  directories, bulletins, and similar publications distributed

22  by such educational institutions to their students are also

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

24  colleges and other institutions of higher learning are

25  taxable.

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

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

28  tasting" and "spirituous beverage tasting" as contemplated

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

30  are exempt from the tax imposed by this chapter.

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

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  1         1.  Notwithstanding the provisions of chapter 328,

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

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

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

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

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

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

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

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

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

11  alterations, refitting, or modifications and such repairs,

12  alterations, refitting, or modifications are supported by

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

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

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

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

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

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

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

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

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

22  repairs that arise from a written guarantee given by the

23  registered repair facility, which guarantee covers only those

24  repairs or modifications made during the first tolled period.

25  Within 72 hours after the date upon which the registered

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

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

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

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

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

31  alterations, refitting, or modifications, the registered

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

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

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

  4  department requires. The repair facility shall maintain a log

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

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

  7  and control of the facility.  The affidavit shall be

  8  maintained by the registered repair facility as part of its

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

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

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

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

13         2.  During the period of repairs, alterations,

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

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

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

17  dealer registered with the department without incurring a use

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

19  this chapter applies to such sale.

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

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

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

23  facility" means:

24         a.  A full-service facility that:

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

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

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

28  care, custody, and control of the facility;

29         (III)  Has adequate piers and storage facilities to

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

31  control; and

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  1         (IV)  Has necessary shops and equipment to provide

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

  3  and control of the facility;

  4         b.  A marina that:

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

  6         (II)  Has adequate piers and storage facilities to

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

  8  control; and

  9         (III)  Has necessary shops and equipment to provide

10  repairs or warranty work on vessels; or

11         c.  A shoreside facility that:

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

13         (II)  Has adequate piers and storage facilities to

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

15  control; and

16         (III)  Has necessary shops and equipment to provide

17  repairs or warranty work.

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

19  firefighting and rescue service equipment and supplies

20  purchased by volunteer fire departments, duly chartered under

21  the Florida Statutes as corporations not for profit.

22         (v)  Professional services.--

23         1.  Also exempted are professional, insurance, or

24  personal service transactions that involve sales as

25  inconsequential elements for which no separate charges are

26  made.

27         2.  The personal service transactions exempted pursuant

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

29  services involving the furnishing of printed, mimeographed, or

30  multigraphed matter, or matter duplicating written or printed

31  matter in any other manner, other than professional services

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

  2  a representative or fiduciary capacity or information services

  3  furnished to newspapers and radio and television stations.  As

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

  5  includes the services of collecting, compiling, or analyzing

  6  information of any kind or nature and furnishing reports

  7  thereof to other persons.

  8         3.  This exemption does not apply to any service

  9  warranty transaction taxable under s. 212.0506.

10         4.  This exemption does not apply to any service

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

12         (w)  Certain newspaper, magazine, and newsletter

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

14  exempt are newspaper, magazine, and newsletter subscriptions

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

16  Also exempt are free, circulated publications that are

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

18  primarily advertising, and that are distributed through the

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

20  newspaper, magazine, and newsletter subscriptions which is

21  provided in this paragraph applies only to subscriptions

22  entered into after March 1, 1997.

23         (x)  Sporting equipment brought into the

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

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

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

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

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

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

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

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

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

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

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

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

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

  6  and s. 212.05.

  7         (z)  Vending machines sponsored by nonprofit or

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

  9  human consumption sold for 25 cents or less through a

10  coin-operated vending machine sponsored by a nonprofit

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

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

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

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

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

16  met:

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

18  commonly owned and controlled corporations;

19         2.  Such vehicle was titled and registered in this

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

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

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

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

24  by any nonprofit corporation that has qualified under s.

25  501(c)(13) of the Internal Revenue Code of 1986, as amended,

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

27  was donated to the community by deed.

28         (cc)  Works of art.--

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

30  educational institution.

31

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

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

  3  purchased or imported exclusively for the purpose of being

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

  5  available for display by any educational institution, provided

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

  7         3.  The exemption provided by this paragraph for

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

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

10  educational institution. Such transfer of title shall be

11  evidenced by an affidavit meeting requirements established by

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

13  paragraph shall preclude a work of art donated to an

14  educational institution from remaining in the possession of

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

16  lies with the educational institution.

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

18  or imported into this state exclusively for loan as provided

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

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

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

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

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

24  other than an educational institution.

25         5.  The exemptions provided by this paragraph are

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

27  to the vendor an affidavit meeting the requirements,

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

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

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

31  is issued to the vendor.

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

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

  3  the possession of the educational institution or is in storage

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

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

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

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

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

  9  donated to an educational institution after the loan ceases.

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

11  has been donated pursuant to this paragraph shall make

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

13  any other relevant information. Any educational institution

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

15  paragraph shall make available to the department information

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

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

18  paragraph which has been loaned to it must notify the

19  Department of Revenue within 60 days after the transfer.

20         8.  For purposes of the exemptions provided by this

21  paragraph, the term:

22         a.  "Educational institutions" includes state

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

24  schools, colleges, or universities that conduct regular

25  classes and courses of study required for accreditation by or

26  membership in the Southern Association of Colleges and

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

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

29  nonprofit private schools that conduct regular classes and

30  courses of study accepted for continuing education credit by a

31  board of the Division of Medical Quality Assurance of the

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

  2  performing arts centers that provide educational programs to

  3  school children, which programs involve performances or other

  4  educational activities at the performing arts center and serve

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

  6  to the public.

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

  8  sculpture, jewelry, antiques, stamp collections and coin

  9  collections, and other tangible personal property, the value

10  of which is attributable predominantly to its artistic,

11  historical, political, cultural, or social importance.

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

13  taxicab or taxicab-related equipment and services provided by

14  a taxicab company to an independent taxicab operator are

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

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

17  acquisition of the taxicab and its related equipment.

18         (ee)  Aircraft repair and maintenance labor

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

20  chapter all labor charges for the repair and maintenance of

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

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

23  maximum certified takeoff weight. Except as otherwise provided

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

25  connection with such labor charges are taxable.

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

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

28  charges for electricity or steam used to operate machinery and

29  equipment at a fixed location in this state when such

30  machinery and equipment is used to manufacture, process,

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

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  1  personal property for sale, or to operate pollution control

  2  equipment, recycling equipment, maintenance equipment, or

  3  monitoring or control equipment used in such operations are

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

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

  6  is used to operate qualifying machinery or equipment, 100

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

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

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

10  location is used to operate qualifying machinery or equipment,

11  50 percent of the charges for electricity or steam used at the

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

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

14  operate qualifying machinery or equipment, none of the charges

15  for electricity or steam used at the fixed location are

16  exempt.

17         2.  This exemption applies only to industries

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

19  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

20  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

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

22  in the Standard Industrial Classification Manual, 1987, as

23  published by the Office of Management and Budget, Executive

24  Office of the President.

25         3.  Possession by a seller of a written certification

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

27  exemption permitted by this subsection, relieves the seller

28  from the responsibility of collecting the tax on the

29  nontaxable amounts, and the department shall look solely to

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

31  the purchaser was not entitled to the exemption.

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  1         4.  Such exemption shall be applied as follows:

  2  beginning July 1, 2000, 100 percent of the charges for such

  3  electricity or steam shall be exempt.

  4         5.  Notwithstanding any other provision in this

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

  6  provided in this paragraph a taxpayer must first register with

  7  the WAGES Program Business Registry established by the local

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

  9  Such registration establishes a commitment on the part of the

10  taxpayer to hire WAGES program participants to the maximum

11  extent possible consistent with the nature of their business.

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

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

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

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

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

17  admissions, or for temporary parking of vehicles used for

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

19  or tangible personal property between the owner of the central

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

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

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

23  exposition; and other transactions of a fair association which

24  are incurred directly by the fair association in the

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

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

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

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

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

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

31  association through an agent or independent contractor; sales

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  1  of admissions and tangible personal property by a

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

  3  subleases of tangible personal property or real property

  4  between the owner of the central amusement attraction and a

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

  6  furnishing of amusement rides, which transactions are exempt.

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

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

  9  nonprofit organizations that are incorporated under chapter

10  617 and that have been designated citizen support

11  organizations in support of state-funded environmental

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

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

14  accordance with s. 258.015.

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

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

17  nature received from admissions to the Florida Folk Festival

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

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

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

21  energy systems or any component thereof.  The Florida Solar

22  Energy Center shall from time to time certify to the

23  department a list of equipment and requisite hardware

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

25  This exemption is repealed July 1, 2005.

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

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

28  leases to nonprofit organizations that are incorporated under

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

30  purposes, as cooperatives under subchapter T of the Internal

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

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

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

  3  Internal Revenue Code.

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

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

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

  7  rent or lease any transient living accommodations as described

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

  9  509 and which are subject to the tax under s. 212.03, if a

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

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

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

13  accommodations. Moreover, the person offering the

14  accommodations is not considered to be the consumer of items

15  purchased in furnishing such food or drinks and may purchase

16  those items under conditions of a sale for resale.

17         (mm)  Nonprofit corporation conducting the correctional

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

19  corporation organized pursuant to part II of chapter 946 are

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

21  applies retroactively to July 1, 1983.

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

23  associations, and schools having grades K through 12.--

24         1.  Sales or leases to parent-teacher organizations and

25  associations the purpose of which is to raise funds for

26  schools that teach grades K through 12 and that are associated

27  with schools having grades K through 12 are exempt from the

28  tax imposed by this chapter.

29         2.  Parent-teacher organizations and associations

30  described in subparagraph 1. qualified as educational

31  institutions as defined by sub-subparagraph (cc)8.a.

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  1  associated with schools having grades K through 12, and

  2  schools having grades K through 12, may pay tax to their

  3  suppliers on the cost price of school materials and supplies

  4  purchased, rented, or leased for resale or rental to students

  5  in grades K through 12, of items sold for fundraising

  6  purposes, and of items sold through vending machines located

  7  on the school premises, in lieu of collecting the tax imposed

  8  by this chapter from the purchaser. This paragraph also

  9  applies to food or beverages sold through vending machines

10  located in the student lunchroom or dining room of a school

11  having kindergarten through grade 12.

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

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

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

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

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

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

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

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

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

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

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

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

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

25  the dealer by the Veterans Administration is not taxable.

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

27  directly to the dealer by the veteran is taxable.

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

29  tax imposed by this chapter:

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

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

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

  2  sells food product items at retail.

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

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

  5  that primarily sells food products at retail.

  6

  7  The exemptions in this paragraph do not apply to businesses

  8  with the primary activity of serving prepared meals or

  9  alcoholic beverages for immediate consumption.

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

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

12  food bank or an organization that holds a current exemption

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

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

15  tax imposed by this chapter.

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

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

18  animal.

19         (tt)  Equipment used in aircraft repair and

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

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

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

23  pounds maximum certified takeoff weight and rotary wing

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

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

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

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

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

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

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

31  "common carrier" means an airline operating under Federal

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  1  Aviation Administration regulations contained in Title 14,

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

  3  Regulations.

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

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

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

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

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

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

10  system in this state.

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

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

13  tax imposed by this chapter.

14         (xx)  Advertising agencies.--

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

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

17  business of providing advertising materials and services to

18  its clients.

19         2.  The sale of advertising services by an advertising

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

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

22  items of tangible personal property such as photographic

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

24  veloxes, illustrations, digital audiotapes, analog tapes,

25  printed advertisement copies, compact discs for the purpose of

26  recording, digital equipment, and artwork and the services

27  used to produce those items if the items are:

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

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

30  for the performance of advertising services for the clients;

31

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  1         b.  Produced, fabricated, manufactured, or otherwise

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

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

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

  5  performance of advertising services for the clients, whether

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

  7  stated.

  8

  9  The exemption provided by this subparagraph does not apply

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

11  videotapes is purchased to create items such as photographic

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

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

14  advertising agency or produced in-house by an advertising

15  agency on behalf of its clients.

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

17  and the creative services used by an advertising agency to

18  design the advertising for promotional goods such as displays,

19  display containers, exhibits, newspaper inserts, brochures,

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

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

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

23  produced or reproduced for distribution, tax applies to the

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

25         4.  For items purchased by an advertising agency and

26  exempt from tax under this paragraph, possession of an

27  exemption certificate from the advertising agency certifying

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

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

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

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

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  1  determines that the advertising agency was not entitled to the

  2  exemption.

  3         5.  The exemptions provided by this paragraph apply

  4  retroactively, except that all taxes that have been collected

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

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

  7  under this paragraph are not subject to refund.

  8         6.  The department may adopt rules that interpret or

  9  define the provisions of these exemptions and provide examples

10  regarding the application of these exemptions.

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

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

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

14  maintain proper documentation, as prescribed by rule of the

15  department, to identify that portion of a transaction which

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

17  exempt under this paragraph.

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

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

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

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

22  in the repair of and incorporated into, industrial machinery

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

24  compounding, production, or preparation for shipping of items

25  of tangible personal property at a fixed location within this

26  state.

27         2.  This exemption applies only to industries

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

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

30  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

31  in this subparagraph, "SIC" means those classifications

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  1  contained in the Standard Industrial Classification Manual,

  2  1987, as published by the Office of Management and Budget,

  3  Executive Office of the President.

  4         3.  This exemption shall be applied as follows:

  5         a.  Beginning July 1, 2000, 50 percent of such charges

  6  for repair parts and labor shall be exempt.

  7         b.  Beginning July 1, 2001, 75 percent of such charges

  8  for repair parts and labor shall be exempt.

  9         c.  Beginning July 1, 2002, 100 percent of such charges

10  for repair parts and labor shall be exempt.

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

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

13  businesses classified under SIC Industry Numbers 275, 276,

14  277, 278, or 279 for use in producing graphic matter for sale:

15  film, photographic paper, dyes used for embossing and

16  engraving, artwork, typography, lithographic plates, and

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

18  classifications contained in the Standard Industrial

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

20  Management and Budget, Executive Office of the President.

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

22  parts thereof, which are purchased or manufactured by

23  contractors employed either directly by or as agents for the

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

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

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

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

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

29  In the case of contractors who manufacture and install such

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

31  component parts and all other manufacturing and fabrication

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

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

  3  parts to certify the contractors' eligibility for the

  4  exemption provided under this paragraph. As used in this

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

  6  vehicles and related control and power distribution systems

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

  8  general public, regardless of whether such vehicles are

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

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

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

12  integral part of such transportation system. "Related control

13  and power distribution systems" includes any electrical or

14  electronic control or signaling equipment, but does not

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

16  transmit electrical or electronic signals among such control

17  equipment, power distribution equipment, signaling equipment,

18  and wheeled vehicles.

19         (ccc)  Organizations providing crime prevention, drunk

20  driving prevention, or juvenile delinquency prevention

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

22  provides crime prevention services, drunk driving prevention

23  services, or juvenile delinquency prevention services that

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

25  this chapter, if the organization holds a current exemption

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

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

28  purpose the provision of services that contribute to the

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

30  juvenile delinquency.

31

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

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

  3  Services Foundation are exempt from the tax imposed by this

  4  chapter.

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

  6  from the tax imposed by this chapter are railroad roadway

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

  8  railways. Railroad roadway materials shall include rails,

  9  ties, ballasts, communication equipment, signal equipment,

10  power transmission equipment, and any other track materials.

11

12  Exemptions provided to any entity by this subsection shall not

13  inure to any transaction otherwise taxable under this chapter

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

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

16  check, or credit card even when that representative or

17  employee is subsequently reimbursed by such entity.

18         Section 3.  (1)  The amendments to paragraphs (ff) and

19  (nn) of subsection (7) of section 212.08, Florida Statutes,

20  which are made by section 2 of this act apply retroactively to

21  July 1, 2000.

22         (2)  No tax imposed by chapter 212, Florida Statutes,

23  on the transactions exempted by paragraph (nn) of subsection

24  (7) of section 212.08, Florida Statutes, by section 2 of this

25  act, and not actually paid or collected by a taxpayer before

26  the effective date of this act, shall be due from such

27  taxpayer. However, any tax actually paid or collected shall be

28  remitted to the Department of Revenue, and no refund shall be

29  due. Taxpayers must obtain a sales tax exemption certificate

30  from the department to secure the exemption granted by section

31  212.08(7)(nn)1., Florida Statutes.

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  1         (3)  The amendments to the introductory paragraph and

  2  and to the final, flush-left passage of subsection (7) of

  3  section 212.08, Florida Statutes, which are made by section 2

  4  of this act are made to clarify rather than change existing

  5  law, and these amendments apply retroactively to January 1,

  6  2001.

  7         Section 4.  Effective upon this act becoming a law and

  8  applying retroactively to July 1, 1996, paragraph (c) of

  9  subsection (5) of section 212.08, Florida Statutes, is amended

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

18         (c)  Machinery and equipment used in production of

19  electrical or steam energy.--

20         1.  The purchase of machinery and equipment for use at

21  a fixed location which machinery and equipment are necessary

22  in the production of electrical or steam energy resulting from

23  the burning of boiler fuels other than residual oil is exempt

24  from the tax imposed by this chapter.  Such electrical or

25  steam energy must be primarily for use in manufacturing,

26  processing, compounding, or producing for sale items of

27  tangible personal property in this state. Use of a de minimis

28  amount of residual fuel to facilitate the burning of

29  nonresidual fuel shall not reduce the exemption otherwise

30  available under this paragraph.

31

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  1         2.  In facilities where machinery and equipment are

  2  necessary to burn both residual and nonresidual fuels, the

  3  exemption shall be prorated. Such proration shall be based

  4  upon the production of electrical or steam energy from

  5  nonresidual fuels as a percentage of electrical or steam

  6  energy from all fuels. If it is determined that 15 percent or

  7  less of all electrical or steam energy generated was produced

  8  by burning residual fuel, the full exemption shall apply.

  9  Purchasers claiming a partial exemption shall obtain such

10  exemption by refund of taxes paid, or as otherwise provided in

11  the department's rules.

12         3.  The department may adopt rules that provide for

13  implementation of this exemption. Purchasers of machinery and

14  equipment qualifying for the exemption provided in this

15  paragraph shall furnish the vendor department with an

16  affidavit stating that the item or items to be exempted are

17  for the use designated herein. Any person furnishing a false

18  affidavit to the vendor for the purpose of evading payment of

19  any tax imposed under this chapter shall be subject to the

20  penalty set forth in s. 212.085 and as otherwise provided by

21  law. Purchasers with self-accrual authority shall maintain all

22  documentation necessary to prove the exempt status of

23  purchases.

24         Section 5.  Effective July 1, 2002, paragraphs (b),

25  (d), and (f) of subsection (5) of section 212.08, Florida

26  Statutes, are amended to read:

27         212.08  Sales, rental, use, consumption, distribution,

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

29  the rental, the use, the consumption, the distribution, and

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

31

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  1  following are hereby specifically exempt from the tax imposed

  2  by this chapter.

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

  4         (b)  Machinery and equipment used to increase

  5  productive output.--

  6         1.  Industrial machinery and equipment purchased for

  7  exclusive use by a new business in spaceport activities as

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

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

10  tangible personal property at fixed locations are exempt from

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

12  the taxpayer to the satisfaction of the department that such

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

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

15  productive operations, and delivery of the purchased item must

16  be made within 12 months of that date.

17         2.a.  Industrial machinery and equipment purchased for

18  exclusive use by an expanding facility which is engaged in

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

20  expanding manufacturing facilities or plant units which

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

22  tangible personal property at fixed locations in this state

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

24  excess of $50,000 per calendar year upon an affirmative

25  showing by the taxpayer to the satisfaction of the department

26  that such items are used to increase the productive output of

27  such expanded facility or business by not less than 10

28  percent.

29         b.  Notwithstanding any other provision of this

30  section, industrial machinery and equipment purchased for use

31  in expanding printing manufacturing facilities or plant units

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

  2  of tangible personal property at fixed locations in this state

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

  4  an affirmative showing by the taxpayer to the satisfaction of

  5  the department that such items are used to increase the

  6  productive output of such an expanded business by not less

  7  than 10 percent.

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

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

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

11  The application shall state that a new business exemption or

12  expanded business exemption is being sought. Upon a tentative

13  affirmative determination by the department pursuant to

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

15  such permit.

16         b.  The applicant shall be required to maintain all

17  necessary books and records to support the exemption. Upon

18  completion of purchases of qualified machinery and equipment

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

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

21  the department by certified or registered mail.

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

23  department, it is determined that the machinery and equipment

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

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

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

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

28  payable to the department by the business entity, together

29  with the appropriate interest and penalty, computed from the

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

31

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

  2  apply for a temporary exemption permit or if the tentative

  3  determination by the department required to obtain a temporary

  4  exemption permit is negative, a qualifying business entity

  5  shall receive the exemption provided in subparagraph 1. or

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

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

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

  9  commencement of production has occurred.

10         4.  The department shall adopt promulgate rules

11  governing applications for, issuance of, and the form of

12  temporary tax exemption permits; provisions for recapture of

13  taxes; and the manner and form of refund applications and may

14  establish guidelines as to the requisites for an affirmative

15  showing of increased productive output, commencement of

16  production, and qualification for exemption.

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

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

19  electric utility companies, communications companies, oil or

20  gas exploration or production operations, publishing firms

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

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

23  the Division of Hotels and Restaurants of the Department of

24  Business and Professional Regulation, or any firm which does

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

26  of tangible personal property or which does not use such

27  machinery and equipment in spaceport activities as required by

28  this paragraph. The exemptions provided in subparagraphs 1.

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

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

31  processing operations only by way of a prospective credit

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

  2  chapter on such machinery and equipment.

  3         6.  For the purposes of the exemptions provided in

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

  5  meanings:

  6         a.  "Industrial machinery and equipment" means tangible

  7  personal property or other property that has a depreciable

  8  life of 3 years or more and that is used as an integral part

  9  in the manufacturing, processing, compounding, or production

10  of tangible personal property for sale or is exclusively used

11  in spaceport activities. A building and its structural

12  components are not industrial machinery and equipment unless

13  the building or structural component is so closely related to

14  the industrial machinery and equipment that it houses or

15  supports that the building or structural component can be

16  expected to be replaced when the machinery and equipment

17  itself is replaced. Heating and air conditioning systems are

18  not industrial machinery and equipment, unless the sole

19  justification for their installation is to meet the

20  requirements of the production process, even though the system

21  may provide incidental comfort to employees or serve, to an

22  insubstantial degree, nonproduction activities. The "section

23  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

24  Internal Revenue Code, provided "industrial machinery and

25  equipment" shall be construed by regulations adopted by the

26  Department of Revenue to mean tangible property used as an

27  integral part of spaceport activities or of the manufacturing,

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

29  tangible personal property. Such term includes parts and

30  accessories only to the extent that the exemption thereof is

31  consistent with the provisions of this paragraph.

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

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

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

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

  5  continuous months immediately following the completion of

  6  installation of such machinery or equipment over the output

  7  for the 12 continuous months immediately preceding such

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

  9  period of time would more accurately reflect the increase in

10  productive output of machinery and equipment purchased to

11  facilitate an expansion, the increase in productive output may

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

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

14  Revenue and the expanding business prior to the commencement

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

16  period begin later than 2 years following the completion of

17  installation of the new machinery and equipment. The units

18  used to measure productive output shall be physically

19  comparable between the two periods, irrespective of sales.

20         (d)  Machinery and equipment used under federal

21  procurement contract.--

22         1.  Industrial machinery and equipment purchased by an

23  expanding business which manufactures tangible personal

24  property pursuant to federal procurement regulations at fixed

25  locations in this state are partially exempt from the tax

26  imposed in this chapter on that portion of the tax which is in

27  excess of $100,000 per calendar year upon an affirmative

28  showing by the taxpayer to the satisfaction of the department

29  that such items are used to increase the implicit productive

30  output of the expanded business by not less than 10 percent.

31  The percentage of increase is measured as deflated implicit

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  1  productive output for the calendar year during which the

  2  installation of the machinery or equipment is completed or

  3  during which commencement of production utilizing such items

  4  is begun divided by the implicit productive output for the

  5  preceding calendar year.  In no case may the commencement of

  6  production begin later than 2 years following completion of

  7  installation of the machinery or equipment.

  8         2.  The amount of the exemption allowed shall equal the

  9  taxes otherwise imposed by this chapter in excess of $100,000

10  per calendar year on qualifying industrial machinery or

11  equipment reduced by the percentage of gross receipts from

12  cost-reimbursement type contracts attributable to the plant or

13  operation to total gross receipts so attributable, accrued for

14  the year of completion or commencement.

15         3.  The exemption provided by this paragraph shall

16  inure to the taxpayer only through refund of previously paid

17  taxes.  Such refund shall be made within 30 days of formal

18  approval by the department of the taxpayer's application,

19  which application may be made on an annual basis following

20  installation of the machinery or equipment.

21         4.  For the purposes of this paragraph, the term:

22         a.  "Cost-reimbursement type contracts" has the same

23  meaning as in 32 C.F.R. s. 3-405.

24         b.  "Deflated implicit productive output" means the

25  product of implicit productive output times the quotient of

26  the national defense implicit price deflator for the preceding

27  calendar year divided by the deflator for the year of

28  completion or commencement.

29         c.  "Eligible costs" means the total direct and

30  indirect costs, as defined in 32 C.F.R. ss. 15-202 and 15-203,

31  excluding general and administrative costs, selling expenses,

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  1  and profit, defined by the uniform cost-accounting standards

  2  adopted by the Cost-Accounting Standards Board created

  3  pursuant to 50 U.S.C. s. 2168.

  4         d.  "Implicit productive output" means the annual

  5  eligible costs attributable to all contracts or subcontracts

  6  subject to federal procurement regulations of the single plant

  7  or operation at which the machinery or equipment is used.

  8         e.  "Industrial machinery and equipment" means tangible

  9  personal property, or other property, that has a depreciable

10  life of 3 years or more, that qualifies as an eligible cost

11  under federal procurement regulations, and that is used as an

12  integral part of the process of production of tangible

13  personal property. A building and its structural components

14  are not industrial machinery and equipment unless the building

15  or structural component is so closely related to the

16  industrial machinery and equipment that it houses or supports

17  that the building or structural component can be expected to

18  be replaced when the machinery and equipment itself is

19  replaced. Heating and air conditioning systems are not

20  industrial machinery and equipment, unless the sole

21  justification for their installation is to meet the

22  requirements of the production process, even though the system

23  may provide incidental comfort to employees or serve, to an

24  insubstantial degree, nonproduction activities. "section 38

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

26  Internal Revenue Code, provided such industrial machinery and

27  equipment qualified as an eligible cost under federal

28  procurement regulations and are used as an integral part of

29  the tangible personal property production process. The Such

30  term includes parts and accessories only to the extent that

31

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  1  the exemption of such parts and accessories is consistent with

  2  the provisions of this paragraph.

  3         f.  "National defense implicit price deflator" means

  4  the national defense implicit price deflator for the gross

  5  national product as determined by the Bureau of Economic

  6  Analysis of the United States Department of Commerce.

  7         5.  The exclusions provided in subparagraph (b)5. apply

  8  to this exemption.  This exemption applies only to machinery

  9  or equipment purchased pursuant to production contracts with

10  the United States Department of Defense and Armed Forces, the

11  National Aeronautics and Space Administration, and other

12  federal agencies for which the contracts are classified for

13  national security reasons.  In no event shall the provisions

14  of this paragraph apply to any expanding business the increase

15  in productive output of which could be measured under the

16  provisions of sub-subparagraph (b)6.b. as physically

17  comparable between the two periods.

18         (f)  Motion picture or video equipment used in motion

19  picture or television production activities and sound

20  recording equipment used in the production of master tapes and

21  master records.--

22         1.  Motion picture or video equipment and sound

23  recording equipment purchased or leased for use in this state

24  in production activities is exempt from the tax imposed by

25  this chapter. The exemption provided by this paragraph shall

26  inure to the taxpayer upon presentation of the certificate of

27  exemption issued to the taxpayer under the provisions of s.

28  288.1258.

29         2.  For the purpose of the exemption provided in

30  subparagraph 1.:

31

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  1         a.  "Motion picture or video equipment" and "sound

  2  recording equipment" includes only tangible personal property,

  3  or other property, that has a depreciable life of 3 years or

  4  more and equipment meeting the definition of "section 38

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

  6  Internal Revenue Code that is used by the lessee or purchaser

  7  exclusively as an integral part of production activities;

  8  however, motion picture or video equipment and sound recording

  9  equipment does not include supplies, tape, records, film, or

10  video tape used in productions or other similar items;

11  vehicles or vessels; or general office equipment not

12  specifically suited to production activities.  In addition,

13  the term does not include equipment purchased or leased by

14  television or radio broadcasting or cable companies licensed

15  by the Federal Communications Commission. Furthermore, a

16  building and its structural components are not motion picture

17  or video equipment and sound recording equipment unless the

18  building or structural component is so closely related to the

19  motion picture or video equipment and sound recording

20  equipment that it houses or supports that the building or

21  structural component can be expected to be replaced when the

22  motion picture or video equipment and sound recording

23  equipment itself is replaced. Heating and air conditioning

24  systems are not motion picture or video equipment and sound

25  recording equipment, unless the sole justification for their

26  installation is to meet the requirements of the production

27  activities, even though the system may provide incidental

28  comfort to employees or serve, to an insubstantial degree,

29  nonproduction activities.

30         b.  "Production activities" means activities directed

31  toward the preparation of a:

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  1         (I)  Master tape or master record embodying sound; or

  2         (II)  Motion picture or television production which is

  3  produced for theatrical, commercial, advertising, or

  4  educational purposes and utilizes live or animated actions or

  5  a combination of live and animated actions. The motion picture

  6  or television production shall be commercially produced for

  7  sale or for showing on screens or broadcasting on television

  8  and may be on film or video tape.

  9         Section 6.  (1)  It is the intent of the Legislature to

10  provide guidance in tax matters which is current and useful.

11  Accordingly, the continued reference to a federal regulation

12  that no longer exists causes confusion and an undue burden on

13  persons affected by section 212.08, Florida Statutes.

14         (2)  It is the purpose of the amendment to section

15  212.08(5)(b), (d), and (f), Florida Statutes, by this act to

16  replace specific references therein to "section 38 property"

17  as defined in s. 48(a)(1)(A) and (B)(i) of the Internal

18  Revenue Code with a general description of such property, and

19  such new description shall have the same meaning as the former

20  federal Internal Revenue Code regulation without limitation.

21         Section 7.  Effective July 1, 2002, subsection (10) of

22  section 212.08, Florida Statutes, is amended to read:

23         212.08  Sales, rental, use, consumption, distribution,

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

25  the rental, the use, the consumption, the distribution, and

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

27  following are hereby specifically exempt from the tax imposed

28  by this chapter.

29         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT

30  OF ANOTHER STATE.--

31

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  1         (a)  The tax collected on the sale of a new or used

  2  motor vehicle in this state to a resident of another state

  3  shall be an amount equal to the sales tax which would be

  4  imposed on such sale under the laws of the state of which the

  5  purchaser is a resident, except that such tax shall not exceed

  6  the tax that would otherwise be imposed under this chapter.

  7  At the time of the sale, the purchaser shall execute a

  8  notarized statement of his or her intent to license the

  9  vehicle in the state of which the purchaser is a resident

10  within 45 days of the sale and of the fact of the payment to

11  the State of Florida of a sales tax in an amount equivalent to

12  the sales tax of his or her state of residence and shall

13  submit the statement to the appropriate sales tax collection

14  agency in his or her state of residence. Nothing in this

15  subsection shall be construed to require the removal of the

16  vehicle from this state following the filing of an intent to

17  license the vehicle in the purchaser's home state if the

18  purchaser licenses the vehicle in his or her home state within

19  45 days after the date of sale.

20         (b)  Notwithstanding the partial exemption allowed in

21  paragraph (a), a vehicle is subject to this state's sales tax

22  at the applicable state sales tax rate plus authorized

23  surtaxes when the vehicle is purchased by a nonresident

24  corporation or partnership and:

25         1.  An officer of the corporation is a resident of this

26  state;

27         2.  A stockholder of the corporation who owns at least

28  10 percent of the corporation is a resident of this state; or

29         3.  A partner in the partnership who has at least 10

30  percent ownership is a resident of this state.

31

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  1  However, if the vehicle is removed from this state within 45

  2  days after purchase and remains outside the state for a

  3  minimum of 180 days, the vehicle may qualify for the partial

  4  exemption allowed in paragraph (a) despite the residency of

  5  owners or stockholders of the purchasing entity.

  6         (c)  Nothing herein shall require the payment of tax to

  7  the State of Florida for assessments made prior to July 1,

  8  2001, if the tax imposed by this section has been paid to the

  9  state in which the vehicle was licensed and the department has

10  assessed a like amount of tax on the same transactions. This

11  provision shall apply retroactively to assessments that have

12  been protested prior to August 1, 1999, and have not been paid

13  on the date this act takes effect.

14         Section 8.  Effective July 1, 2002, paragraph (b) of

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

16  amended to read:

17         212.06  Sales, storage, use tax; collectible from

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

19  legislative intent as to scope of tax.--

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

21  is improving real property, the term:

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

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

24  identity as accessories when installed but that do become

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

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

27  attached to real property in a permanent manner:  trade

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

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

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

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

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  1  property; or industrial machinery or equipment. For purposes

  2  of this paragraph, industrial machinery or equipment is not

  3  limited to machinery and equipment used to manufacture,

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

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

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

  7  is attached.

  8         Section 9.  It is the intent of the Legislature that

  9  the amendment to section 212.06(14)(b), Florida Statutes,

10  relating to trade fixtures and industrial machinery or

11  equipment, which is made by section 8 of this act, is remedial

12  in nature and merely clarifies existing law. However, section

13  212.06, Florida Statutes, does not authorize an assessment of

14  additional tax, penalty, or interest against any taxpayer that

15  complied with section 212.06(14)(b), Florida Statutes, as

16  amended by chapter 98-141, Laws of Florida, effective July 1,

17  1998, and a taxpayer is not entitled to a refund of taxes

18  previously paid due to the retroactive effect of this act.

19         Section 10.  Paragraph (a) of subsection (8) and

20  subsection (9) of section 212.08, Florida Statutes, are

21  amended to read:

22         212.08  Sales, rental, use, consumption, distribution,

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

24  the rental, the use, the consumption, the distribution, and

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

26  following are hereby specifically exempt from the tax imposed

27  by this chapter.

28         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE

29  OR FOREIGN COMMERCE.--

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

31  to transport persons or property in interstate or foreign

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  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

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

  9  fiscal year in which the vessel begins its initial operations

10  in this state, the vessel's mileage apportionment factor may

11  be determined on the basis of an estimated ratio of

12  anticipated miles in this state to anticipated total miles for

13  that year, and, subsequently, additional tax must be paid on

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

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

16  total miles for that year. This ratio shall be applied each

17  month to the total Florida purchases of such vessels and parts

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

19  the total used and consumed in intrastate movement and subject

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

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

22  212.054. Items, appropriate to carry out the purposes for

23  which a vessel is designed or equipped and used, purchased by

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

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

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

27  used to transport persons or property in interstate and

28  foreign commerce are hereby determined to be susceptible to a

29  distinct and separate classification for taxation under the

30  provisions of this chapter. Vessels and parts thereof used

31

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  1  exclusively in intrastate commerce do not qualify for the

  2  proration of tax.

  3         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES

  4  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--

  5         (a)  Railroads that which are licensed as common

  6  carriers by the Surface Transportation Board Interstate

  7  Commerce Commission and parts thereof used to transport

  8  persons or property in interstate or foreign commerce are

  9  subject to tax imposed in this chapter only to the extent

10  provided herein. The basis of the tax shall be the ratio of

11  intrastate mileage to interstate or foreign mileage traveled

12  by the carrier during the previous fiscal year of the carrier.

13  Such ratio is to be determined at the close of the carrier's

14  fiscal year. However, during the fiscal year in which the

15  railroad begins its initial operations in this state, the

16  railroad's mileage apportionment factor may be determined on

17  the basis of an estimated ratio of anticipated miles in this

18  state to anticipated total miles for that year, and,

19  subsequently, additional tax must be paid on the railroad, or

20  a refund may be applied for, on the basis of the actual ratio

21  of the railroad's miles in this state to its total miles for

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

23  Florida total purchases of the railroad which are used in this

24  state to establish that portion of the total used and consumed

25  in intrastate movement and subject to tax under this chapter.

26  The basis for imposition of any discretionary surtax is set

27  forth in s. 212.054. Railroads that which are licensed as

28  common carriers by the Surface Transportation Board Interstate

29  Commerce Commission and parts thereof used to transport

30  persons or property in interstate and foreign commerce are

31  hereby determined to be susceptible to a distinct and separate

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  1  classification for taxation under the provisions of this

  2  chapter.

  3         (b)  Motor vehicles that which are engaged in

  4  interstate commerce as common carriers, and parts thereof,

  5  used to transport persons or property in interstate or foreign

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

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

  8  ratio of intrastate mileage to interstate or foreign mileage

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

10  interstate or foreign commerce and which had at least some

11  Florida mileage during the previous fiscal year of the

12  carrier. Such ratio is to be determined at the close of the

13  carrier's fiscal year. However, during the fiscal year in

14  which the carrier begins its initial operations in this state,

15  the carrier's mileage apportionment factor may be determined

16  on the basis of an estimated ratio of anticipated miles in

17  this state to anticipated total miles for that year, and,

18  subsequently, additional tax must be paid on the carrier, or a

19  refund may be applied for, on the basis of the actual ratio of

20  the carrier's miles in this state to its total miles for that

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

22  total purchases of such motor vehicles and parts thereof which

23  are used in this state to establish that portion of the total

24  used and consumed in intrastate movement and subject to tax

25  under this chapter. The basis for imposition of any

26  discretionary surtax is set forth in s. 212.054. Motor

27  vehicles that which are engaged in interstate commerce, and

28  parts thereof, used to transport persons or property in

29  interstate and foreign commerce are hereby determined to be

30  susceptible to a distinct and separate classification for

31  taxation under the provisions of this chapter. Motor vehicles

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  1  and parts thereof used exclusively in intrastate commerce do

  2  not qualify for the proration of tax.  For purposes of this

  3  paragraph, parts of a motor vehicle engaged in interstate

  4  commerce include a separate tank not connected to the fuel

  5  supply system of the motor vehicle into which diesel fuel is

  6  placed to operate a refrigeration unit or other equipment.

  7         Section 11.  Effective July 1, 2002, subsection (10) of

  8  section 624.509, Florida Statutes, is repealed.

  9         Section 12.  Subsection (2) of section 213.285, Florida

10  Statutes, is amended to read:

11         213.285  Certified audits.--

12         (2)(a)  The department is authorized to initiate a

13  certified audits project to further enhance tax compliance

14  reviews performed by qualified practitioners and to encourage

15  taxpayers to hire qualified practitioners at their own expense

16  to review and report on their tax compliance.  The nature of

17  certified audit work performed by qualified practitioners

18  shall be agreed-upon procedures in which the department is the

19  specified user of the resulting report.

20         (b)  As an incentive for taxpayers to incur the costs

21  of a certified audit, the department shall compromise

22  penalties and abate interest due on any tax liabilities

23  revealed by a certified audit as provided in s. 213.21.  This

24  authority to compromise penalties or abate interest shall not

25  apply to any liability for taxes that were collected by the

26  participating taxpayer but that were not remitted to the

27  department.

28         (c)  The certified audits project is repealed on July

29  1, 2006 2002, or upon completion of the project as determined

30  by the department, whichever occurs first.

31

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  1         Section 13.  Subsections (1) and (3) and paragraph (n)

  2  of subsection (7) of section 213.053, Florida Statutes, are

  3  amended, and paragraph (w) is added to subsection (7) of that

  4  section, to read:

  5         213.053  Confidentiality and information sharing.--

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

  7  125.0104, county government; s. 125.0108, tourist impact tax;

  8  chapter 175, municipal firefighters' pension trust funds;

  9  chapter 185, municipal police officers' retirement trust

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

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

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

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

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

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

16  management, preparedness, and assistance surcharge; s.

17  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

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

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

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

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

22  insurance code; s. 681.117, motor vehicle warranty

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

24  in trade or business.

25         (b)  The provisions of this section also apply to

26  chapter 202, the Communications Services Tax Simplification

27  Law. This paragraph is subject to the Open Government Sunset

28  Review Act of 1995 in accordance with s. 119.15, and shall

29  stand repealed on October 2, 2006, unless reviewed and saved

30  from repeal through reenactment by the Legislature.

31

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  1         (c)  The provisions of this section, except paragraph

  2  (7)(f), also apply to chapter 443 while the department is

  3  performing tax collection services for the Agency for

  4  Workforce Innovation pursuant to chapter 2000-165, Laws of

  5  Florida; however, the exceptions to confidentiality set forth

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

  7  effect.

  8         (3)  The department shall permit a taxpayer, his or her

  9  authorized representative, or the personal representative of

10  an estate to inspect the taxpayer's return and may furnish him

11  or her an abstract of such return.  A taxpayer may authorize

12  the department in writing to divulge specific information

13  concerning the taxpayer's account. The department, while

14  performing unemployment-compensation tax-collection services

15  under a contract with the Agency for Workforce Innovation, may

16  release unemployment-tax-rate information to the agent of an

17  employer, which agent provides payroll services for more than

18  500 employers, pursuant to the terms of a memorandum of

19  understanding. The memorandum of understanding must state that

20  the agent affirms, subject to the criminal penalties contained

21  in ss. 443.171 and 443.1715, that the agent will retain the

22  confidentiality of the information, that the agent has in

23  effect a power of attorney from the employer which permits the

24  agent to obtain unemployment-tax-rate information, and that

25  the agent will provide to the department on request a copy of

26  the employer's power of attorney.

27         (7)  Notwithstanding any other provision of this

28  section, the department may provide:

29         (n)  Information contained in returns, reports,

30  accounts, or declarations to the Board of Accountancy in

31  connection with a disciplinary proceeding conducted pursuant

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  1  to chapter 473 when related to a certified public accountant

  2  participating in the certified audits project, or to the court

  3  in connection with a civil proceeding brought by the

  4  department relating to a claim for recovery of taxes due to

  5  negligence on the part of a certified public accountant

  6  participating in the certified audits project.  In any

  7  judicial proceeding brought by the department, upon motion for

  8  protective order, the court shall limit disclosure of tax

  9  information when necessary to effectuate the purposes of this

10  section.  This paragraph is repealed on July 1, 2006 2002.

11         (w)  Tax registration information to the Agency for

12  Workforce Innovation for use in the conduct of its official

13  duties, which information may not be redisclosed by the Agency

14  for Workforce Innovation.

15

16  Disclosure of information under this subsection shall be

17  pursuant to a written agreement between the executive director

18  and the agency.  Such agencies, governmental or

19  nongovernmental, shall be bound by the same requirements of

20  confidentiality as the Department of Revenue.  Breach of

21  confidentiality is a misdemeanor of the first degree,

22  punishable as provided by s. 775.082 or s. 775.083.

23         Section 14.  Subsection (8) of section 213.21, Florida

24  Statutes, is amended to read:

25         213.21  Informal conferences; compromises.--

26         (8)  In order to determine whether certified audits are

27  an effective tool in the overall state tax collection effort,

28  the executive director of the department or the executive

29  director's designee shall settle or compromise penalty

30  liabilities of taxpayers who participate in the certified

31  audits project.  As further incentive for participating in the

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  1  program, the department shall abate the first $25,000 of any

  2  interest liability and 25 percent of any interest due in

  3  excess of the first $25,000. A settlement or compromise of

  4  penalties or interest pursuant to this subsection shall not be

  5  subject to the provisions of paragraph (3)(a), except for the

  6  requirement relating to confidentiality of records.  The

  7  department may consider an additional compromise of tax or

  8  interest pursuant to the provisions of paragraph (3)(a).  This

  9  subsection does not apply to any liability related to taxes

10  collected but not remitted to the department.  This subsection

11  is repealed on July 1, 2006 2002.

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

13  11 of chapter 2000-165, Laws of Florida, is amended to read:

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

15  and functions are transferred to the Agency for Workforce

16  Innovation:

17         (f)  The Division of Unemployment Compensation is

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

19  20.06(2), Florida Statutes, from the Department of Labor and

20  Employment Security to the Agency for Workforce Innovation.

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

22  balances of appropriations, allocations, and other funds

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

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

25  Employment Security that support the Division of Unemployment

26  Compensation are transferred by a type two transfer, as

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

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

29  2001, the Agency for Workforce Innovation shall enter into a

30  contract with the Department of Revenue which shall provide

31  for the Department of Revenue to provide unemployment tax

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  1  collection services.  The Department of Revenue, in

  2  consultation with the Department of Labor and Employment

  3  Security, shall determine the number of positions needed to

  4  provide unemployment tax collection services within the

  5  Department of Revenue.  The number of unemployment tax

  6  collection service positions the Department of Revenue

  7  determines are needed shall not exceed the number of positions

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

  9  of Labor and Employment Security for this purpose.  Upon

10  entering into the contract with the Agency for Workforce

11  Innovation to provide unemployment tax collection services,

12  the number of required positions, as determined by the

13  Department of Revenue, shall be authorized within the

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

15  of Program Policy Analysis and Government Accountability shall

16  conduct a feasibility study regarding privatization of

17  unemployment tax collection services.  A report on the

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

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

20  Representatives. The Department of Revenue is considered to be

21  administering a revenue law of this state when it provides

22  unemployment compensation tax collection services pursuant to

23  its contract with the Agency for Workforce Innovation. The

24  following provisions of chapter 213, Florida Statutes, apply

25  to the collection of unemployment contributions by the

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

27  213.018, 213.025, 213.051, 213.053, 213.055, 213.071, 213.10,

28  213.2201, 213.23, 213.24(2), 213.27, 213.28, 213.285, 213.37,

29  213.50, 213.67, 213.69, 213.73, 213.733, 213.74, and 213.757.

30         Section 16.  Subsection (7) of section 45.031, Florida

31  Statutes, is amended to read:

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  1         45.031  Judicial sales procedure.--In any sale of real

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

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

  4  procedure if so ordered by the court:

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

  6  certificate of title the clerk shall disburse the proceeds of

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

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

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

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

11  the Agency for Workforce Innovation or the Florida Department

12  of Labor and Employment Security was named as a defendant

13  while the Department of Revenue was performing unemployment

14  compensation tax collection services pursuant to a contract

15  with the Agency for Workforce Innovation, in substantially the

16  following form:

17

18  (Caption of Action)

19

20                   CERTIFICATE OF DISBURSEMENTS

21

22         The undersigned clerk of the court certifies that he or

23  she disbursed the proceeds received from the sale of the

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

25  persons and in the amounts as follows:

26  Name                                                    Amount

27

28                              Total

29

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

31  ...(year)....

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  1                                                   ...(Clerk)...

  2                                         By ...(Deputy Clerk)...

  3

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

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

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

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

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

  9  the purchaser of the property in any manner.

10         Section 17.  Paragraph (a) of subsection (4) of section

11  69.041, Florida Statutes, is amended to read:

12         69.041  State named party; lien foreclosure, suit to

13  quiet title.--

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

15  participate in the disbursement of funds remaining in the

16  registry of the court after distribution pursuant to s.

17  45.031(7). The department shall participate in accordance with

18  applicable procedures in any mortgage foreclosure action in

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

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

21  decree for support, as defined in s. 409.2554, or interest in

22  an unemployment compensation tax lien pursuant to a contract

23  with the Agency for Workforce Innovation, against the subject

24  property and with the same priority, regardless of whether a

25  default against the department, the Agency for Workforce

26  Innovation, or the Department of Labor and Employment Security

27  has been entered for failure to file an answer or other

28  responsive pleading.

29         Section 18.  Effective upon this act becoming a law and

30  applying retroactively to December 21, 2000, section 443.1315,

31  Florida Statutes, is created to read:

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  1         443.1315  Treatment of Indian tribes.--

  2         (1)  As used in this section, the term:

  3         (a)  "Employer" includes any Indian tribe for which

  4  service in employment as defined by this chapter is performed.

  5         (b)  "Employment" includes service performed in the

  6  employ of an Indian tribe, as defined by s. 3306(u) of the

  7  Federal Unemployment Tax Act, provided such service is

  8  excluded from "employment," as defined by that act, solely by

  9  reason of s. 3306(c)(7) of said act and is not otherwise

10  excluded from "employment" under this chapter. For purposes of

11  this section, the exclusions from employment under s.

12  443.036(21)(d) shall be applicable to services performed in

13  the employ of an Indian tribe.

14         (2)  Benefits based on service in employment, as

15  defined by this section, shall be payable in the same amount,

16  on the same terms, and subject to the same conditions as

17  benefits payable on the basis of other service subject to this

18  chapter.

19         (3)(a)  Indian tribes or tribal units, including

20  subdivisions, subsidiaries, or business enterprises wholly

21  owned by such Indian tribes, subject to this chapter shall pay

22  contributions under the same terms and conditions as all other

23  subject employers, unless they elect to pay into the

24  Unemployment Compensation Trust Fund amounts equal to the

25  amount of benefits attributable to service in the employ of

26  the Indian tribe.

27         (b)  Indian tribes electing to make payments in lieu of

28  contributions must make such election in the same manner and

29  under the same conditions as provided by s. 443.131 for state

30  and local governments and nonprofit organizations subject to

31  this chapter. Indian tribes shall determine if reimbursement

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  1  for benefits paid will be elected by the tribe as a whole, by

  2  individual tribal units, or by combinations of individual

  3  tribal units.

  4         (c)  Indian tribes or tribal units shall be billed for

  5  the full amount of benefits attributable to service in the

  6  employ of the Indian tribe or tribal unit on the same schedule

  7  as other employing units that have elected to make payments in

  8  lieu of contributions.

  9         (d)  At the discretion of the director of the Agency

10  for Workforce Innovation or his or her designee, any Indian

11  tribe or tribal unit that elects to become liable for payments

12  in lieu of contributions shall be required, within 90 days

13  after the effective date of its election, to:

14         1.  Execute and file with the director or his or her

15  designee a surety bond approved by the director or his or her

16  designee; or

17         2.  Deposit with the director or his or her designee

18  money or securities on the same basis as other employers with

19  the same election option.

20         (4)(a)1.  Failure of the Indian tribe or tribal unit to

21  make required payments, including assessments of interest and

22  penalty, within 90 days after receipt of the bill, will cause

23  the Indian tribe to lose the option to make payments in lieu

24  of contributions, as described in subsection (3), for the

25  following tax year, unless payment in full is received before

26  contribution rates for the next tax year are computed.

27         2.  Any Indian tribe that loses the option to make

28  payments in lieu of contributions due to late payment or

29  nonpayment, as described in subparagraph 1., shall have such

30  option reinstated if, after a period of 1 year, all

31  contributions have been made timely, provided no

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  1  contributions, payments in lieu of contributions for benefits

  2  paid, penalties, or interest remain outstanding.

  3         (b)1.  Failure of the Indian tribe or any tribal unit

  4  thereof to make required payments, including assessments of

  5  interest and penalty, after all collection activities deemed

  6  necessary by the director of the Agency for Workforce

  7  Innovation or his or her designee have been exhausted, will

  8  cause services performed for such tribe to not be treated as

  9  "employment" for purposes of paragraph (1)(b).

10         2.  The director or his or her designee may determine

11  that any Indian tribe that loses coverage under subparagraph

12  1. may have services performed for such tribe again included

13  as "employment" for purposes of paragraph (1)(b) if all

14  contributions, payments in lieu of contributions, penalties,

15  and interest have been paid.

16         (c)  If an Indian tribe fails to make payments required

17  under this section, including assessments of interest and

18  penalty, within 90 days after a final notice of delinquency,

19  the director of the Agency for Workforce Innovation shall

20  immediately notify the United States Internal Revenue Service

21  and the United States Department of Labor.

22         (5)  Notices of payment and reporting delinquency to

23  Indian tribes or their tribal units shall include information

24  that failure to make full payment within the prescribed

25  timeframe:

26         (a)  Will cause the Indian tribe to be liable for taxes

27  under the Federal Unemployment Tax Act.

28         (b)  Will cause the Indian tribe to lose the option to

29  make payments in lieu of contributions.

30         (c)  Could cause the Indian tribe to be excepted from

31  the definition of "employer," as provided in paragraph (1)(a),

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  1  and services in the employ of the Indian tribe, as provided in

  2  paragraph (1)(b), to be excepted from "employment."

  3         (6)  Extended benefits paid that are attributable to

  4  service in the employ of an Indian tribe and not reimbursed by

  5  the Federal Government shall be financed in their entirety by

  6  such Indian tribe.

  7         (7)  The Agency for Workforce Innovation shall adopt

  8  any rules necessary to administer this section.

  9         Section 19.  Effective January 1, 2003, section

10  443.163, Florida Statutes, is amended to read:

11         443.163  Electronic reporting and remitting of taxes.--

12         (1)  An employer may choose to file any report and

13  remit any taxes required by this chapter by electronic means

14  in a form initiated through an electronic data interchange

15  using an advanced encrypted transmission by means of the

16  Internet or other suitable transmission. The Agency for

17  Workforce Innovation or its designee division shall prescribe

18  by rule the format and instructions necessary for such filing

19  of reports and remitting of taxes to ensure a full collection

20  of contributions due. The acceptable method of transfer, the

21  method, form, and content of the electronic means data

22  interchange, and the method means, if any, by which the

23  employer will be provided with an acknowledgment, shall be

24  prescribed by the agency or its designee division. However,

25  any employer who employed 10 or more employees in any quarter

26  during the preceding state fiscal year, or any person that

27  prepared and reported for 5 or more employers in the preceding

28  state fiscal year, must submit the Employers Quarterly Reports

29  (UCT-6) for the current calendar year and remit the taxes due

30  by electronic means approved by the agency or its designee.

31

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  1         (2)  Any employer or person who fails to file an

  2  Employers Quarterly Report (UCT-6) by electronic means

  3  required by law is liable for a penalty of 10 percent of the

  4  tax due, but not less than $10 for each report, which is in

  5  addition to any other penalty provided by this chapter which

  6  may be applicable, unless the employer or person has first

  7  obtained a waiver for such requirement from the agency or its

  8  designee. Any employer or person who fails to remit tax by

  9  electronic means as required by law is liable for a penalty of

10  $10 for each remittance submitted, which is in addition to any

11  other penalty provided by this chapter which may be

12  applicable.

13         (3)  The agency or its designee may waive the

14  requirement to file an Employers Quarterly Report (UCT-6) by

15  electronic means for employers or persons that are unable to

16  comply despite good-faith efforts or due to circumstances

17  beyond the employer's or person's reasonable control.

18         (a)  As prescribed by the agency or its designee,

19  grounds for approving the waiver include, but are not limited

20  to, circumstances in which the employer or person does not:

21         1.  Currently file information or data electronically

22  with any business or government agency; or

23         2.  Have a compatible computer that meets or exceeds

24  the standards prescribed by the agency or its designee.

25         (b)  The agency or its designee shall accept other

26  reasons for requesting a waiver from the requirement to submit

27  the Employers Quarterly Report (UCT-6) by electronic means,

28  including, but not limited to:

29         1.  The employer or person needs additional time to

30  program his or her computer;

31

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  1         2.  That complying with this requirement causes the

  2  employer or person financial hardship; or

  3         3.  That complying with this requirement conflicts with

  4  the employer's business procedures.

  5         (c)  The agency or its designee may establish by rule

  6  the length of time a waiver is valid and may determine whether

  7  subsequent waivers will be authorized, based on the provisions

  8  of this subsection; however, the agency or its designee shall

  9  only grant a waiver from electronic reporting if the employer

10  or person timely files the Employers Quarterly Report (UCT-6)

11  by telefile, unless the employer wage detail exceeds the

12  agency's or its designee's telefile system capabilities.

13         (4)  For purposes of this section, the term "electronic

14  means" includes, but is not limited to, electronic data

15  interchange; electronic fund transfer; and use of the

16  Internet, telephone, or other technology specified by the

17  agency or its designee.

18         Section 20.  Effective January 1, 2003, section

19  213.755, Florida Statutes, is amended to read:

20         213.755  Filing of returns and payment of taxes by

21  electronic means funds transfer.--

22         (1)  The executive director of the Department of

23  Revenue shall have authority to require a taxpayer to file

24  returns and remit payments taxes by electronic means funds

25  transfer where the taxpayer, including consolidated filers, is

26  subject to tax and has paid that tax in the prior state fiscal

27  year in an amount of $30,000 $50,000 or more. Any taxpayer who

28  operates two or more places of business for which returns are

29  required to be filed with the department shall combine the tax

30  payments for all such locations in order to determine whether

31  they are obligated under this section. This subsection does

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  1  not override additional requirements in any provision of a

  2  revenue law which the department has the responsibility for

  3  regulating, controlling, and administering.

  4         (2)  As used in any revenue law administered by the

  5  department, the term:

  6         (a)  "Payment" means any payment or remittance required

  7  to be made or paid within a prescribed period or on or before

  8  a prescribed date under the authority of any provision of a

  9  revenue law which the department has the responsibility for

10  regulating, controlling, and administering. The term does not

11  include any remittance unless the amount of the remittance is

12  actually received by the department.

13         (b)  "Return" means any report, claim, statement,

14  notice, application, affidavit, or other document required to

15  be filed within a prescribed period or on or before a

16  prescribed date under the authority of any provision of a

17  revenue law which the department has the responsibility of

18  regulating, controlling, and administering.

19         (c)  "Electronic means" includes, but is not limited

20  to, electronic data interchange; electronic fund transfer; or

21  use of the Internet, telephone, or other technology specified

22  by the department.

23         (3)  Solely for the purposes of administering this

24  section:

25         (a)  Taxes levied under parts I and II of chapter 206

26  shall be considered a single tax.

27         (b)  A person required to remit a tax acting as a

28  collection agent or dealer for the state shall nonetheless be

29  considered the taxpayer.

30

31

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  1         (4)  The executive director may require a taxpayer to

  2  file by electronic means returns for which no tax is due for

  3  the specific taxing period.

  4         (5)  Beginning January 1, 2003, consolidated filers

  5  shall file returns and remit taxes by electronic means.

  6         (6)  A taxpayer required to file returns by electronic

  7  means shall also remit payments by electronic means. A

  8  taxpayer who fails to file returns pursuant to this section is

  9  liable for a penalty of $10 for each report submitted, which

10  is in addition to any other penalty that may be applicable,

11  unless the taxpayer has first obtained a waiver of such

12  requirement from the department. A taxpayer who fails to remit

13  payments pursuant to this section is liable for a penalty of

14  $10 for each remittance submitted, which is in addition to any

15  other penalty that may be applicable.

16         (7)  The department shall give due regard to developing

17  uniform standards for formats as adopted by the American

18  National Standards Institute for encryption and taxpayer

19  authentication to ensure that the return and payment

20  information is kept confidential. The department shall also

21  provide several options for filing reports and remitting

22  payments by electronic means in order to make compliance with

23  the requirements of this section as simple as possible for the

24  taxpayer.

25         (8)  The department shall prescribe by rule the format

26  and instructions necessary for filing returns and reports and

27  for remitting payments in accordance with this section to

28  ensure a full collection of taxes, interest, and penalties

29  due. The acceptable method of transfer; the method, form, and

30  content of the electronic filing of returns or remittance of

31  payments of tax, penalty, or interest; and the means, if any,

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  1  by which the taxpayer will be provided with an acknowledgment

  2  of receipt shall be prescribed by the department.

  3         (9)  The department may waive the requirement to file a

  4  return by electronic means for taxpayers that are unable to

  5  comply despite good-faith efforts or due to circumstances

  6  beyond the taxpayer's reasonable control.

  7         (a)  As prescribed by the department, grounds for

  8  approving the waiver include, but are not limited to,

  9  circumstances in which the taxpayer, the owner, or an officer

10  of the business, or the taxpayer's accountant or bookkeeper,

11  does not:

12         1.  Currently file information or data electronically

13  with any business or government agency; or

14         2.  Have a compatible computer that meets or exceeds

15  the department's minimum standards.

16         (b)  The department shall accept other reasons for

17  requesting a waiver from the requirement to submit a return by

18  electronic means, including, but not limited to:

19         1.  The taxpayer needs additional time to program his

20  or her computer;

21         2.  That complying with this requirement causes the

22  taxpayer financial hardship; or

23         3.  That complying with this requirement conflicts with

24  the taxpayer's business procedures.

25         (c)  The department may establish by rule the length of

26  time a waiver is valid and may determine whether subsequent

27  waivers will be authorized, based on the provisions of this

28  subsection.

29         Section 21.  Paragraph (a) of subsection (3) of section

30  213.21, Florida Statutes, is amended to read:

31         213.21  Informal conferences; compromises.--

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  1         (3)(a)  A taxpayer's liability for any tax or interest

  2  specified in s. 72.011(1) may be compromised by the department

  3  upon the grounds of doubt as to liability for or

  4  collectibility of such tax or interest. A taxpayer's liability

  5  for penalties under any of the chapters specified in s.

  6  72.011(1) may be settled or compromised if it is determined by

  7  the department that the noncompliance is due to reasonable

  8  cause and not to willful negligence, willful neglect, or

  9  fraud. The facts and circumstances are subject to de novo

10  review to determine the existence of reasonable cause in any

11  administrative proceeding or judicial action challenging an

12  assessment of penalty under any of the chapters specified in

13  s. 72.011(1). A taxpayer who establishes reasonable reliance

14  on the written advice issued by the department to the taxpayer

15  will be deemed to have shown reasonable cause for the

16  noncompliance. In addition, a taxpayer's liability for

17  penalties under any of the chapters specified in s. 72.011(1)

18  in excess of 25 percent of the tax shall be settled or

19  compromised if the department determines that the

20  noncompliance is due to reasonable cause and not to willful

21  negligence, willful neglect, or fraud. The department shall

22  maintain records of all compromises, and the records shall

23  state the basis for the compromise. The records of compromise

24  under this paragraph shall not be subject to disclosure

25  pursuant to s. 119.07(1) and shall be considered confidential

26  information governed by the provisions of s. 213.053.

27         Section 22.  Effective July 1, 2003, subsections (9)

28  and (10) are added to section 213.21, Florida Statutes, to

29  read:

30         213.21  Informal conferences; compromises.--

31

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  1         (9)(a)  Notwithstanding any other provision of law and

  2  solely for the purpose of administering the tax imposed by

  3  chapter 212, under the circumstances set forth in this

  4  subsection, the department shall settle or compromise a

  5  taxpayer's liability for penalty without requiring the

  6  taxpayer to submit a written request for compromise or

  7  settlement.

  8         (b)  For taxpayers that file returns and remit tax

  9  monthly, the penalty related to a noncompliant filing event

10  shall be settled or compromised if the taxpayer has had:

11         1.  No noncompliant filing event in the immediately

12  preceding 12-month period and no unresolved chapter 212

13  liability resulting from a noncompliant filing event; or

14         2.  One noncompliant filing event in the immediately

15  preceding 12-month period, resolution of the current

16  noncompliant filing event through payment of tax and interest

17  and the filing of a return within 30 days after notification

18  by the department, and no unresolved liability under chapter

19  212 resulting from a noncompliant filing event.

20

21  If a taxpayer has two or more noncompliant filing events in

22  the immediately preceding 12-month period, the taxpayer is

23  liable, absent a showing by the taxpayer that the noncompliant

24  filing event was due to extraordinary circumstances, for the

25  penalties provided in s. 212.12, including loss of collection

26  allowance, and shall be reported to a credit bureau.

27         (c)  For taxpayers that file returns and remit tax

28  quarterly, the penalty related to a noncompliant filing event

29  shall be settled or compromised if the taxpayer has no

30  noncompliant filing event in the immediately preceding

31

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  1  12-month period and no unresolved liability under chapter 212

  2  resulting from a noncompliant filing event.

  3         (d)  As used in  this subsection, the term

  4  "noncompliant filing event" means either the failure to timely

  5  file a complete and accurate return required under chapter 212

  6  or the failure to timely pay the amount of tax reported on a

  7  return required by chapter 212.

  8         (e)  As used in this subsection, the term

  9  "extraordinary circumstances" means the occurrence of events

10  beyond the control of the taxpayer, such as, but not limited

11  to, the death of the taxpayer, acts of war or terrorism,

12  natural disasters, fire or other casualty, or the nonfeasance

13  or misfeasance of the taxpayer's employees or representatives

14  who are responsible for compliance with chapter 212. With

15  respect to the acts of an employee or representative, the

16  taxpayer must show that the principals of the business lacked

17  actual knowledge of the noncompliance and that the

18  noncompliance was resolved within 30 days after the principals

19  acquired actual knowledge.

20         (10)  The penalty shall be settled or compromised upon

21  payment of tax and interest if a taxpayer has failed to

22  collect the tax imposed by chapter 212 on a transaction due to

23  a good-faith belief that tax was not due on the transaction

24  and, because of that good-faith belief, the taxpayer is now

25  unable to charge and collect the tax from the taxpayer's

26  purchaser. The Department of Revenue shall adopt rules

27  necessary to administer this subsection and subsection (9),

28  including rules establishing procedures and forms.

29         Section 23.  Effective July 1, 2002, paragraph (b) of

30  subsection (1) of section 212.07, Florida Statutes, is

31  amended, and subsection (9) is added to that section, to read:

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  1         212.07  Sales, storage, use tax; tax added to purchase

  2  price; dealer not to absorb; liability of purchasers who

  3  cannot prove payment of the tax; penalties; general

  4  exemptions.--

  5         (1)

  6         (b)  A resale must be in strict compliance with s.

  7  212.18 and the rules and regulations, and any dealer who makes

  8  a sale for resale which is not in strict compliance with s.

  9  212.18 and the rules and regulations shall himself or herself

10  be liable for and pay the tax. Any dealer who makes a sale for

11  resale shall document the exempt nature of the transaction, as

12  established by rules promulgated by the department, by

13  retaining a copy of the purchaser's resale certificate.  In

14  lieu of maintaining a copy of the certificate, a dealer may

15  document, prior to the time of sale, an authorization number

16  provided telephonically or electronically by the department,

17  or by such other means established by rule of the department.

18  The department shall adopt rules that provide that, for

19  purchasers who purchase on account from a dealer on a

20  continual basis, The dealer may rely on a resale certificate

21  issued pursuant to s. 212.18(3)(c), valid at the time of

22  receipt from the purchaser, without seeking annual

23  verification of the resale certificate, if the dealer makes

24  recurring sales to a purchaser in the normal course of

25  business on a continual basis. For purposes of this paragraph,

26  "recurring sales to a purchaser in the normal course of

27  business" refers to a sale in which the dealer extends credit

28  to the purchaser and records the debt as an account

29  receivable, or a sale in which the dealer sells to a purchaser

30  who has an established cash or C.O.D. account, similar to an

31  "open credit account." For purposes of this paragraph,

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  1  purchases are made from a selling dealer on a "continual

  2  basis" if the selling dealer makes in the normal course of

  3  business sales to the purchaser no less frequently than once

  4  in every 12-month period. A dealer may, through the informal

  5  protest provided for in s. 213.21 and the rules of the

  6  Department of Revenue, provide the department with evidence of

  7  the exempt status of a sale. Consumer certificates of

  8  exemption executed by those exempt entities that were

  9  registered with the department at the time of sale, resale

10  certificates provided by purchasers who were active dealers at

11  the time of sale, and verification by the department of a

12  purchaser's active dealer status at the time of sale in lieu

13  of a resale certificate shall be accepted by the department

14  when submitted during the protest period, but may not be

15  accepted in any proceeding under chapter 120 or any circuit

16  court action instituted under chapter 72.

17         (9)(a)  If a purchaser engaging in transactions taxable

18  under this chapter did not pay tax to a vendor based on a

19  good-faith belief that either the transaction was a nontaxable

20  purchase for resale or the transaction was exempt as a

21  purchase by an organization exempt from tax under this

22  chapter, except as set forth below, neither the purchaser nor

23  the vendor is directly liable for any tax, interest, or

24  penalty that would otherwise be due if all of the following

25  conditions are met:

26         1.  At the time of the purchase, the purchaser was not

27  registered as a dealer with the department or did not hold a

28  consumer's certificate of exemption from the department.

29         2.  At the time of the purchase, the purchaser was

30  qualified to register with the department as a dealer or to

31

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  1  receive a consumer's certificate of exemption from the

  2  department.

  3         3.  Before applying for treatment under this

  4  subsection, the purchaser has registered with the department

  5  as a dealer or has applied for and received a consumer's

  6  certificate of exemption from the department.

  7         4.  The purchaser establishes justifiable cause for

  8  failure to register as a dealer or to obtain a consumer's

  9  certificate of exemption before making the purchase. Whether a

10  purchaser has established justifiable cause for failure to

11  register depends on the facts and circumstances of each case,

12  including, but not limited to, such factors as the complexity

13  of the transaction, the purchaser's business experience and

14  history, whether the purchaser sought advice on its tax

15  obligations, whether any such advice was followed, and any

16  remedial action taken by the purchaser.

17         5.  The transaction would otherwise qualify as exempt

18  under this chapter except for the fact that at the time of the

19  purchase the purchaser was not registered as a dealer with the

20  department or did not hold a consumer's certificate or

21  exemption from the department.

22         6.  Relief pursuant to this subsection is applied for:

23         a.  Before the department has initiated any audit or

24  other action or inquiry in regard to the purchaser or the

25  vendor; or

26         b.  If any audit or other action or inquiry of the

27  purchaser or the vendor has already been initiated, within 7

28  days after being informed in writing by the department that

29  the purchaser was required to be registered or to hold a

30  consumer's certificate of exemption at the time the

31  transaction occurred.

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  1         (b)  In lieu of the tax, penalties, and interest that

  2  would otherwise have been due, the department shall impose and

  3  collect the following mandatory penalties, which the

  4  department may not waive:

  5         1.  If a purchaser or vendor applies for relief before

  6  the department initiates any audit or other action or inquiry,

  7  the mandatory penalty is the lesser of $1,000 or 10 percent of

  8  the total tax due on transactions that qualify for treatment

  9  under this subsection.

10         2.  If a purchaser or vendor applies for relief after

11  an audit or other action or inquiry has already been initiated

12  by the department, the mandatory penalty is the lesser of

13  $5,000 or 20 percent of the total tax due on transactions that

14  qualify for treatment under this subsection.

15

16  The department may impose and collect the mandatory penalties

17  from either the purchaser or the vendor that failed to obtain

18  proper documentation at the time of the transaction.

19         (c)  The department may adopt forms and rules to

20  administer this subsection.

21         Section 24.  It is the intent of the Legislature that

22  the amendments to section 212.07, Florida Statutes, which are

23  made by section 23 of this act apply to all pending sales and

24  use tax audits or other actions or inquires, including those

25  currently under protest or in litigation. Taxpayers in such

26  pending audits or other actions or inquires have until the

27  later of the date provided by section 212.07(9)(b), Florida

28  Statutes, as created by section 22 of this act, or 90 days

29  after the effective date of this act, to apply for the

30  treatment provided in that paragraph. This section does not

31  create any right to refund for taxes previously assessed and

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  1  paid in regard to audits or other actions or inquires that are

  2  no longer pending.

  3         Section 25.  Subsection (2) of section 213.24, Florida

  4  Statutes, is amended to read:

  5         213.24  Accrual of penalties and interest on

  6  deficiencies; deficiency billing costs.--

  7         (2)(a)  Billings for deficiencies or automated refunds

  8  of tax, penalty, or interest shall not be issued for any

  9  amount less than the actual costs incurred by the department

10  to produce a billing or automated refund.

11         (b)  The cost of issuing billings or automated refunds

12  for any tax enumerated in s. 213.05 shall be computed in a

13  study performed by the inspector general of the department.

14  The study shall be conducted every 3 years and at such other

15  times as deemed necessary by the inspector general.  A minimum

16  billing and automated refund amount shall be established and

17  adjusted in accordance with the results of such study.

18         (c)  Any change in minimum billing or automated refund

19  amounts amount shall be made effective on July 1 following the

20  completion of the study.

21         Section 26.  Subsection (5) of section 55.202, Florida

22  Statutes, is amended to read:

23         55.202  Judgments, orders, and decrees; lien on

24  personal property.--

25         (5)  Liens, assessments, warrants, or judgments filed

26  pursuant to paragraph (2)(b) may be filed directly into the

27  central database by the Department of Revenue, or its designee

28  as determined by its executive director, through electronic or

29  information data exchange programs approved by the Department

30  of State. Such filings must contain the information set forth

31  in s. 55.203(1).

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  1         Section 27.  Effective July 1, 2002, subsections (2)

  2  and (3) of section 213.235, Florida Statutes, are amended to

  3  read:

  4         213.235  Determination of interest on deficiencies.--

  5         (2)  If the adjusted prime rate charged by banks,

  6  rounded to the nearest full percent, plus 2 percentage points,

  7  during either:

  8         (a)  The 6-month period ending on September 30 of any

  9  calendar year, or

10         (b)  The 6-month period ending on March 31 of any

11  calendar year

12

13  differs from the interest rate in effect on either such date,

14  the executive director of the department shall, within 20

15  days, establish an adjusted rate of interest equal to such

16  adjusted prime rate plus 2 percentage points.

17         (3)  An adjusted rate of interest established under

18  this section becomes effective:

19         (a)  On January 1 of the succeeding year, if based upon

20  the adjusted prime rate plus 2 percentage points for the

21  6-month period ending on September 30; or

22         (b)  On July 1 of the same calendar year, if based upon

23  the adjusted prime rate plus 2 percentage points for the

24  6-month period ending on March 31.

25         Section 28.  It is the intent of the Legislature that

26  the amendments to subsections (2) and (3) of section 213.235,

27  Florida Statutes, which are made by section 27 of this act,

28  apply to interest due on tax payment deficiencies that arise

29  on or after the effective date of that section and also apply

30  to interest due on tax payment deficiencies that arose on or

31

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  1  after January 1, 2000, but remain unpaid on the effective date

  2  of that section.

  3         Section 29.  Effective July 1, 2002, subsections (2)

  4  and (3) of section 220.807, Florida Statutes, are amended to

  5  read:

  6         220.807  Determination of rate of interest.--

  7         (2)  If the adjusted prime rate charged by banks,

  8  rounded to the nearest full percent, plus 2 percentage points,

  9  during either:

10         (a)  The 6-month period ending on September 30 of any

11  calendar year; or

12         (b)  The 6-month period ending on March 31 of any

13  calendar year,

14

15  differs from the interest rate in effect on either such date,

16  the executive director of the Department of Revenue shall,

17  within 20 days, establish an adjusted rate of interest equal

18  to such adjusted prime rate plus 2 percentage points.

19         (3)  An adjusted rate of interest established under

20  this section shall become effective:

21         (a)  On January 1 of the succeeding year, if based upon

22  the adjusted prime rate plus 2 percentage points for the

23  6-month period ending on September 30; or

24         (b)  On July 1 of the same calendar year, if based upon

25  the adjusted prime rate plus 2 percentage points for the

26  6-month period ending on March 31.

27         Section 30.  It is the intent of the Legislature that

28  the amendments to subsections (2) and (3) of section 220.807,

29  Florida Statutes, which are made by section 29 of this act,

30  apply to interest due on tax payment deficiencies that arise

31  on or after the effective date of that section and also apply

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  1  to interest due on tax payment deficiencies that arose before

  2  the effective date of that section but remain unpaid on the

  3  effective date of that section.

  4         Section 31.  Subsection (4) of section 213.255, Florida

  5  Statutes, is amended to read:

  6         213.255  Interest.--Interest shall be paid on

  7  overpayments of taxes, payment of taxes not due, or taxes paid

  8  in error, subject to the following conditions:

  9         (4)  Interest shall not commence until 90 days after a

10  complete refund application has been filed and the amount of

11  overpayment has not been refunded to the taxpayer or applied

12  as a credit to the taxpayer's account. However, if there is a

13  prohibition against refunding a tax overpayment before the

14  first day of the state fiscal year, interest on the tax

15  overpayment does not commence until August 1 of the year the

16  tax was due. If the department and the taxpayer mutually agree

17  that an audit or verification is necessary in order to

18  determine the taxpayer's entitlement to the refund, interest

19  shall not commence until the audit or verification of the

20  claim is final.

21         Section 32.  Effective July 1, 2002, subsection (1) of

22  section 681.117, Florida Statutes, is amended to read:

23         681.117  Fee.--

24         (1)  A $2 fee shall be collected by a motor vehicle

25  dealer, or by a person engaged in the business of leasing

26  motor vehicles, from the consumer at the consummation of the

27  sale of a motor vehicle or at the time of entry into a lease

28  agreement for a motor vehicle.  Such fees shall be remitted to

29  the county tax collector or private tag agency acting as agent

30  for the Department of Revenue. If the purchaser or lessee

31  removes the motor vehicle from the state for titling and

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  1  registration outside this state, the fee shall be remitted to

  2  the Department of Revenue. All fees, less the cost of

  3  administration, shall be transferred monthly to the Department

  4  of Legal Affairs for deposit into the Motor Vehicle Warranty

  5  Trust Fund.  The Department of Legal Affairs shall distribute

  6  monthly an amount not exceeding one-fourth of the fees

  7  received to the Division of Consumer Services of the

  8  Department of Agriculture and Consumer Services to carry out

  9  the provisions of ss. 681.108 and 681.109.  The Department of

10  Legal Affairs shall contract with the Division of Consumer

11  Services for payment of services performed by the division

12  pursuant to ss. 681.108 and 681.109.

13         Section 33.  Paragraph (b) of subsection (2), paragraph

14  (b) of subsection (3), and paragraph (b) of subsection (4) of

15  section 211.3103, Florida Statutes, are amended to read:

16         211.3103  Levy of tax on severance of phosphate rock;

17  rate, basis, and distribution of tax.--

18         (2)  The proceeds of all taxes, interest, and penalties

19  imposed under this section shall be paid into the State

20  Treasury through June 30, 1995, as follows:

21         (b)  The remaining revenues collected from the tax

22  during that fiscal year, after the required payment under

23  paragraph (a), shall be paid into the State Treasury as

24  follows:

25         1.  To the credit of the General Revenue Fund of the

26  state, 60 percent. However, from this amount the amounts of

27  $7.4 million, $8.2 million, and $8.1 million, respectively,

28  shall be transferred to the Nonmandatory Land Reclamation

29  Trust Fund on January 1, 1993, January 1, 1994, and January 1,

30  1995.

31

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  1         2.  To the credit of the Nonmandatory Land Reclamation

  2  Trust Fund which is established for reclamation and

  3  acquisition of unreclaimed lands disturbed by phosphate mining

  4  and not subject to mandatory reclamation, 20 percent.

  5         3.  To the credit of the Phosphate Research Trust Fund

  6  in the Department of Education, Division of Universities, to

  7  carry out the purposes set forth in s. 378.101, 10 percent.

  8         4.  For payment to counties in proportion to the number

  9  of tons of phosphate rock produced from a phosphate rock

10  matrix located within such political boundary, 10 percent. The

11  department shall distribute this portion of the proceeds

12  annually based on production information reported by producers

13  on the most recent annual returns for the taxable filed prior

14  to the beginning of the fiscal year. Any such proceeds

15  received by a county shall be used only for phosphate-related

16  expenses.

17         (3)  Beginning July 1, 1995, the proceeds of all taxes,

18  interest, and penalties imposed under this section shall be

19  paid into the State Treasury as follows:

20         (b)  The remaining revenues collected from the tax

21  during that fiscal year, after the required payment under

22  paragraph (a), shall be paid into the State Treasury as

23  follows:

24         1.  To the credit of the General Revenue Fund of the

25  state, 58 percent.

26         2.  To the credit of the Nonmandatory Land Reclamation

27  Trust Fund for reclamation and acquisition of unreclaimed

28  lands disturbed by phosphate mining and not subject to

29  mandatory reclamation, 14.5 percent.

30

31

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  1         3.  To the credit of the Phosphate Research Trust Fund

  2  in the Department of Education, Division of Universities, to

  3  carry out the purposes set forth in s. 378.101, 10 percent.

  4         4.  For payment to counties in proportion to the number

  5  of tons of phosphate rock produced from a phosphate rock

  6  matrix located within such political boundary, 10 percent. The

  7  department shall distribute this portion of the proceeds

  8  annually based on production information reported by producers

  9  on the most recent annual returns for the taxable filed prior

10  to the beginning of the fiscal year. Any such proceeds

11  received by a county shall be used only for phosphate-related

12  expenses.

13         5.  To the credit of the Minerals Trust Fund, 7.5

14  percent.

15         (4)  If the base rate is reduced pursuant to paragraph

16  (5)(c), then the proceeds of the tax shall be paid into the

17  State Treasury as follows:

18         (b)  The remaining revenues collected from the tax

19  during that fiscal year, after the required payment under

20  paragraph (a), shall be paid into the State Treasury as

21  follows:

22         1.  To the credit of the General Revenue Fund of the

23  state, 55.15 percent.

24         2.  To the credit of the Phosphate Research Trust Fund

25  in the Department of Education, Division of Universities, 12.5

26  percent.

27         3.  For payment to counties in proportion to the number

28  of tons of phosphate rock produced from a phosphate rock

29  matrix located within such political boundary, 18 percent. The

30  department shall distribute this portion of the proceeds

31  annually based on production information reported by producers

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  1  on the most recent annual returns for the taxable filed prior

  2  to the beginning of the fiscal year. Any such proceeds

  3  received by a county shall be used only for phosphate-related

  4  expenses.

  5         4.  To the credit of the Minerals Trust Fund, 14.35

  6  percent.

  7         Section 34.  Subsection (5) of section 336.021, Florida

  8  Statutes, is amended to read:

  9         336.021  County transportation system; levy of

10  ninth-cent fuel tax on motor fuel and diesel fuel.--

11         (5)  All impositions of the tax shall be levied imposed

12  before November 1, 1993, to be effective January 1, 1994, and

13  before July 1 of each year thereafter to be effective January

14  1 of the following year. However, levies of the tax which were

15  in effect on July 1, 2002 1996, and which expire on August 31

16  of any year may be reimposed at the current authorized rate to

17  be effective September 1 of the year of expiration. All

18  impositions shall be required to end on December 31 of a year.

19  No decision to rescind the tax shall take effect on any date

20  other than December 31 and requires a minimum of 60 days'

21  notice to until at least 60 days after the county notifies the

22  department of such decision.

23         Section 35.  Paragraphs (a) and (b) of subsection (1)

24  and paragraph (a) of subsection (5) of section 336.025,

25  Florida Statutes, are amended to read:

26         336.025  County transportation system; levy of local

27  option fuel tax on motor fuel and diesel fuel.--

28         (1)(a)  In addition to other taxes allowed by law,

29  there may be levied as provided in ss. 206.41(1)(e) and

30  206.87(1)(c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or

31  6-cent local option fuel tax upon every gallon of motor fuel

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  1  and diesel fuel sold in a county and taxed under the

  2  provisions of part I or part II of chapter 206.

  3         1.  All impositions and rate changes of the tax shall

  4  be levied before July 1 to be effective January 1 of the

  5  following year for a period not to exceed 30 years, and the

  6  applicable method of distribution shall be established

  7  pursuant to subsection (3) or subsection (4). However, levies

  8  of the tax which were in effect on July 1, 2002 1996, and

  9  which expire on August 31 of any year may be reimposed at the

10  current authorized rate effective September 1 of the year of

11  expiration.  Upon expiration, the tax may be relevied provided

12  that a redetermination of the method of distribution is made

13  as provided in this section.

14         2.  County and municipal governments shall utilize

15  moneys received pursuant to this paragraph only for

16  transportation expenditures.

17         3.  Any tax levied pursuant to this paragraph may be

18  extended on a majority vote of the governing body of the

19  county. A redetermination of the method of distribution shall

20  be established pursuant to subsection (3) or subsection (4),

21  if, after July 1, 1986, the tax is extended or the tax rate

22  changed, for the period of extension or for the additional

23  tax.

24         (b)  In addition to other taxes allowed by law, there

25  may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent,

26  3-cent, 4-cent, or 5-cent local option fuel tax upon every

27  gallon of motor fuel sold in a county and taxed under the

28  provisions of part I of chapter 206.  The tax shall be levied

29  by an ordinance adopted by a majority plus one vote of the

30  membership of the governing body of the county or by

31  referendum.

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  1         1.  All impositions and rate changes of the tax shall

  2  be levied before July 1, to be effective January 1 of the

  3  following year.  However, levies of the tax which were in

  4  effect on July 1, 2002 1996, and which expire on August 31 of

  5  any year may be reimposed at the current authorized rate,

  6  effective September 1 of the year of expiration.

  7         2.  The county may, prior to levy of the tax, establish

  8  by interlocal agreement with one or more municipalities

  9  located therein, representing a majority of the population of

10  the incorporated area within the county, a distribution

11  formula for dividing the entire proceeds of the tax among

12  county government and all eligible municipalities within the

13  county. If no interlocal agreement is adopted before the

14  effective date of the tax, tax revenues shall be distributed

15  pursuant to the provisions of subsection (4).  If no

16  interlocal agreement exists, a new interlocal agreement may be

17  established prior to June 1 of any year pursuant to this

18  subparagraph. However, any interlocal agreement agreed to

19  under this subparagraph after the initial levy of the tax or

20  change in the tax rate authorized in this section shall under

21  no circumstances materially or adversely affect the rights of

22  holders of outstanding bonds which are backed by taxes

23  authorized by this paragraph, and the amounts distributed to

24  the county government and each municipality shall not be

25  reduced below the amount necessary for the payment of

26  principal and interest and reserves for principal and interest

27  as required under the covenants of any bond resolution

28  outstanding on the date of establishment of the new interlocal

29  agreement.

30         3.  County and municipal governments shall utilize

31  moneys received pursuant to this paragraph only for

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  1  transportation expenditures needed to meet the requirements of

  2  the capital improvements element of an adopted comprehensive

  3  plan. For purposes of this paragraph, expenditures for the

  4  construction of new roads, the reconstruction or resurfacing

  5  of existing paved roads, or the paving of existing graded

  6  roads shall be deemed to increase capacity and such projects

  7  shall be included in the capital improvements element of an

  8  adopted comprehensive plan. Expenditures for purposes of this

  9  paragraph shall not include routine maintenance of roads.

10         (5)(a)  By July 1 of each year, the county shall notify

11  the Department of Revenue of the rate of the taxes tax levied

12  pursuant to paragraphs (1)(a) and (b), and of its decision to

13  rescind or change the rate of a the tax, if applicable, and

14  shall provide the department with a certified copy of the

15  interlocal agreement established under subparagraph (1)(b)2.

16  or subparagraph (3)(a)1. with distribution proportions

17  established by such agreement or pursuant to subsection (4),

18  if applicable. No decision to rescind a the tax shall take

19  effect on any date other than December 31 and requires a

20  minimum of 60 days' notice to until at least 60 days after the

21  county notifies the Department of Revenue of such decision.

22         Section 36.  Effective July 1, 2002, paragraph (c) is

23  added to subsection (4) of section 213.0535, Florida Statutes,

24  to read:

25         213.0535  Registration Information Sharing and Exchange

26  Program.--

27         (4)  There are two levels of participation:

28         (c)  A level-two participant may disclose information

29  as provided in paragraph (b) in response to a request for such

30  information from any other level-two participant. Information

31  relative to specific taxpayers shall be requested or disclosed

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  1  under this paragraph only to the extent necessary in the

  2  administration of a tax or licensing provision as enumerated

  3  in paragraph (a). When a disclosure made under this paragraph

  4  involves confidential information provided to the participant

  5  by the Department of Revenue, the participant who provides the

  6  information must maintain records of the disclosures, and the

  7  records are subject to review by the Department of Revenue for

  8  a period of 5 years after the date of the disclosure.

  9         Section 37.  Paragraphs (a) and (d) of subsection (1)

10  and paragraph (i) of subsection (3) of section 212.096,

11  Florida Statutes, are amended to read:

12         212.096  Sales, rental, storage, use tax; enterprise

13  zone jobs credit against sales tax.--

14         (1)  For the purposes of the credit provided in this

15  section:

16         (a)  "Eligible business" means any sole proprietorship,

17  firm, partnership, corporation, bank, savings association,

18  estate, trust, business trust, receiver, syndicate, or other

19  group or combination, or successor business, located in an

20  enterprise zone. The business must demonstrate to the

21  department that the total number of full-time jobs defined

22  under paragraph (d) has increased from the average of the

23  previous 12 months. A business that created The term "eligible

24  business" includes a business that added a minimum of five new

25  full-time jobs in an enterprise zone between July 1, 2000, and

26  December 31, 2001, is also an "eligible business" for purposes

27  of the credit provided beginning January 1, 2002. An eligible

28  business does not include any business which has claimed the

29  credit permitted under s. 220.181 for any new business

30  employee first beginning employment with the business after

31  July 1, 1995.

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  1         (d)  "Jobs" means full-time positions, as consistent

  2  with terms used by the Agency for Workforce Innovation and the

  3  United States Department of Labor for purposes of unemployment

  4  compensation tax administration and employment estimation

  5  resulting directly from a business operation in this state.

  6  These terms This number may not include temporary construction

  7  jobs involved with the construction of facilities or any jobs

  8  that have previously been included in any application for tax

  9  credits under s. 220.181(1). The term "jobs" also includes

10  employment of an employee leased from an employee leasing

11  company licensed under chapter 468 if such employee has been

12  continuously leased to the employer for an average of at least

13  36 hours per week for more than 6 months.

14         (3)  In order to claim this credit, an eligible

15  business must file under oath with the governing body or

16  enterprise zone development agency having jurisdiction over

17  the enterprise zone where the business is located, as

18  applicable, a statement which includes:

19         (i)  All applications for a credit pursuant to this

20  section must be submitted to the department within 6 months

21  after the new employee is hired, except applications for

22  credit on leased employees. Applications for credit for leased

23  employees must be submitted to the department within 7 months

24  after the new employee is hired.

25         Section 38.  Subsections (2) and (3) and paragraph (d)

26  of subsection (6) of section 212.098, Florida Statutes, are

27  amended to read:

28         212.098  Rural Job Tax Credit Program.--

29         (2)  A new eligible business may apply for a tax credit

30  under this subsection once at any time during its first year

31  of operation. A new eligible business in a tier-one qualified

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  1  area that has at least 10 qualified employees on the date of

  2  application shall receive a $1,000 tax credit for each such

  3  employee.

  4         (3)  An existing eligible business may apply for a tax

  5  credit under this subsection at any time it is entitled to

  6  such credit, except as restricted by this subsection. An

  7  existing eligible business with fewer than 50 employees in a

  8  qualified area that on the date of application has at least 20

  9  percent more qualified employees than it had 1 year prior to

10  its date of application shall receive a $1,000 tax credit for

11  each such additional employee. An existing eligible business

12  that has 50 employees or more in a qualified area that, on the

13  date of application, has at least 10 more qualified employees

14  than it had 1 year prior to its date of application shall

15  receive a $1,000 tax credit for each additional employee. Any

16  existing eligible business that received a credit under

17  subsection (2) may not apply for the credit under this

18  subsection sooner than 12 months after the application date

19  for the credit under subsection (2).

20         (6)

21         (d)  A business may not receive more than $500,000 of

22  tax credits under this section during any one calendar year

23  for its efforts in creating jobs.

24         Section 39.  Paragraphs (q) and (gg) of subsection (1)

25  of section 220.03, Florida Statutes, are amended to read:

26         220.03  Definitions.--

27         (1)  SPECIFIC TERMS.--When used in this code, and when

28  not otherwise distinctly expressed or manifestly incompatible

29  with the intent thereof, the following terms shall have the

30  following meanings:

31

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  1         (q)  "New employee," for the purposes of the enterprise

  2  zone jobs credit, means a person residing in an enterprise

  3  zone or a participant in the welfare transition program who is

  4  employed at a business located in an enterprise zone who

  5  begins employment in the operations of the business after July

  6  1, 1995, and who has not been previously employed full-time

  7  within the preceding 12 months by the business or a successor

  8  business claiming the credit pursuant to s. 220.181. A person

  9  shall be deemed to be employed by such a business if the

10  person performs duties in connection with the operations of

11  the business on a full-time basis, provided she or he is

12  performing such duties for an average of at least 36 hours per

13  week each month. The term "jobs" also includes employment of

14  an employee leased from an employee leasing company licensed

15  under chapter 468, if such employee has been continuously

16  leased to the employer for an average of at least 36 hours per

17  week for more than 6 months. The person must be performing

18  such duties at a business site located in an enterprise zone.

19  The provisions of this paragraph shall expire and be void on

20  June 30, 2005.

21         (gg)  "Jobs" means full-time positions, as consistent

22  with terms used by the Agency for Workforce Innovation and the

23  United States Department of Labor for purposes of unemployment

24  compensation tax administration and employment estimation

25  resulting directly from business operations in this state.

26  These terms This number may not include temporary construction

27  jobs involved with the construction of facilities or any jobs

28  that have previously been included in any application for tax

29  credits under s. 212.096 s. 220.181(1). The term "jobs" also

30  includes employment of an employee leased from an employee

31  leasing company licensed under chapter 468, if the employee

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  1  has been continuously leased to the employer for an average of

  2  at least 36 hours per week for more than 6 months.

  3         Section 40.  Paragraph (a) of subsection (1) of section

  4  220.181, Florida Statutes, is amended to read:

  5         220.181  Enterprise zone jobs credit.--

  6         (1)(a)  Beginning January 1, 2002, there shall be

  7  allowed a credit against the tax imposed by this chapter to

  8  any business located in an enterprise zone which demonstrates

  9  to the department that the total number of full-time jobs has

10  increased from the average of the previous 12 months. A

11  business that created This credit is also available for a

12  business that added a minimum of five new full-time jobs in an

13  enterprise zone between July 1, 2000, and December 31, 2001,

14  may also be eligible to claim the credit for eligible

15  employees under the provisions that took effect January 1,

16  2002. The credit shall be computed as 20 percent of the actual

17  monthly wages paid in this state to each new employee hired

18  when a new job has been created, as defined under s.

19  220.03(1)(ff), unless the business is located in a rural

20  enterprise zone, pursuant to s. 290.004(8), in which case the

21  credit shall be 30 percent of the actual monthly wages paid.

22  If no less than 20 percent of the employees of the business

23  are residents of an enterprise zone, excluding temporary and

24  part-time employees, the credit shall be computed as 30

25  percent of the actual monthly wages paid in this state to each

26  new employee hired when a new job has been created, unless the

27  business is located in a rural enterprise zone, in which case

28  the credit shall be 45 percent of the actual monthly wages

29  paid, for a period of up to 24 consecutive months. If the new

30  employee hired when a new job is created is a participant in

31  the welfare transition program, the following credit shall be

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  1  a percent of the actual monthly wages paid: 40 percent for $4

  2  above the hourly federal minimum wage rate; 41 percent for $5

  3  above the hourly federal minimum wage rate; 42 percent for $6

  4  above the hourly federal minimum wage rate; 43 percent for $7

  5  above the hourly federal minimum wage rate; and 44 percent for

  6  $8 above the hourly federal minimum wage rate.

  7         Section 41.  Subsection (2) of section 290.00677,

  8  Florida Statutes, is amended to read:

  9         290.00677  Rural enterprise zones; special

10  qualifications.--

11         (2)  Notwithstanding the enterprise zone residency

12  requirements set out in s. 220.03(1)(q), eligible businesses

13  as defined by s. 220.03(1)(c) s. 212.096(1)(a), located in

14  rural enterprise zones as defined in s. 290.004, may receive

15  the basic minimum credit provided under s. 220.181 for

16  creating a new job and hiring a person residing within the

17  jurisdiction of a rural county, as defined by s.

18  288.106(1)(r). All other provisions of s. 220.181, including,

19  but not limited to, those relating to the award of enhanced

20  credits apply to such businesses.

21         Section 42.  Effective July 1, 2003, paragraph (a) of

22  subsection (1) and subsection (3) of section 212.031, Florida

23  Statutes, are amended, and subsection (10) of that section is

24  reenacted, to read:

25         212.031  Lease or rental of or license in real

26  property.--

27         (1)

28         (a)  It is declared to be the legislative intent that

29  every person is exercising a taxable privilege who engages in

30  the business of renting, leasing, letting, or granting a

31

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  1  license for the use of any real property unless such property

  2  is:

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

  4         2.  Used exclusively as dwelling units.

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

  6  storage spaces under s. 212.03(6).

  7         4.  Recreational property or the common elements of a

  8  condominium when subject to a lease between the developer or

  9  owner thereof and the condominium association in its own right

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

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

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

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

14  or the condominium association shall be fully taxable under

15  this chapter.

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

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

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

19  or provider of communications services, as defined by s.

20  202.11, for utility or communications or television purposes.

21  For purposes of this subparagraph, the term "utility" means

22  any person providing utility services as defined in s.

23  203.012. This exception also applies to property, wherever

24  located, on which the following are placed: towers, antennas,

25  cables, accessory structures, or equipment, not including

26  switching equipment, used in the provision of mobile

27  communications services as defined in s. 202.11. For purposes

28  of this chapter, towers used in the provision of mobile

29  communications services, as defined in s. 202.11, are

30  considered to be fixtures.

31

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

  2  transportation purposes.

  3         7.  Property used at an airport exclusively for the

  4  purpose of aircraft landing or aircraft taxiing or property

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

  6  passengers or property onto or from aircraft or for fueling

  7  aircraft.

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

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

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

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

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

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

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

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

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

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

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

19  imported or exported shall remain subject to tax except as

20  provided in sub-subparagraph a.

21         9.  Property used as an integral part of the

22  performance of qualified production services.  As used in this

23  subparagraph, the term "qualified production services" means

24  any activity or service performed directly in connection with

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

26  212.06(1)(b), and includes:

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

28  managing and scouting, shooting, creation of special and

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

30  electronic, or otherwise), technological modifications,

31  computer graphics, set and stage support (such as

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  1  electricians, lighting designers and operators, greensmen,

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

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

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

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

  6  coaching, consulting, writing, scoring, composing,

  7  choreographing, script supervising, directing, producing,

  8  transmitting dailies, dubbing, mixing, editing, cutting,

  9  looping, printing, processing, duplicating, storing, and

10  distributing;

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

12  alteration, repair, and maintenance of real or personal

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

14  facilities principally required for the performance of those

15  services listed in sub-subparagraph a.; and

16         c.  Property management services directly related to

17  property used in connection with the services described in

18  sub-subparagraphs a. and b.

19

20  This exemption will inure to the taxpayer upon presentation of

21  the certificate of exemption issued to the taxpayer under the

22  provisions of s. 288.1258.

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

24  providing food and drink concessionaire services within the

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

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

27  publicly owned recreational facility, or any business operated

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

29  providing retail concessionaire services involving the sale of

30  food and drink or other tangible personal property within the

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

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

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

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

  4  include the leasing of tangible personal property.

  5         11.  Property occupied pursuant to an instrument

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

  7  Technical Assistance Advisement issued on or before March 15,

  8  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  9  Florida Administrative Code; provided that this subparagraph

10  shall only apply to property occupied by the same person

11  before and after the execution of the subject instrument and

12  only to those payments made pursuant to such instrument,

13  exclusive of renewals and extensions thereof occurring after

14  March 15, 1993.

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

16  concessionaire by a convention hall, exhibition hall,

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

18  arts center, or publicly owned recreational facility, during

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

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

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

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

23  sales and not based on a fixed price.

24         13.12.  Property used or occupied predominantly for

25  space flight business purposes. As used in this subparagraph,

26  "space flight business" means the manufacturing, processing,

27  or assembly of a space facility, space propulsion system,

28  space vehicle, satellite, or station of any kind possessing

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

30  components thereof, and also means the following activities

31  supporting space flight: vehicle launch activities, flight

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  1  operations, ground control or ground support, and all

  2  administrative activities directly related thereto. Property

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

  4  flight business purposes if more than 50 percent of the

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

  6  space flight business purposes. Possession by a landlord,

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

  8  tenant, lessee, or licensee claiming the exemption shall

  9  relieve the landlord, lessor, or licensor from the

10  responsibility of collecting the tax, and the department shall

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

12  such tax if it determines that the exemption was not

13  applicable.

14         (3)  The tax imposed by this section shall be in

15  addition to the total amount of the rental or license fee,

16  shall be charged by the lessor or person receiving the rent or

17  payment in and by a rental or license fee arrangement with the

18  lessee or person paying the rental or license fee, and shall

19  be due and payable at the time of the receipt of such rental

20  or license fee payment by the lessor or other person who

21  receives the rental or payment. Notwithstanding any other

22  provision of this chapter, the tax imposed by this section on

23  the rental, lease, or license for the use of a convention

24  hall, exhibition hall, auditorium, stadium, theater, arena,

25  civic center, performing arts center, or publicly owned

26  recreational facility to hold an event of not more than 7

27  consecutive days' duration shall be collected at the time of

28  the payment for that rental, lease, or license but is not due

29  and payable to the department until the first day of the month

30  following the last day that the event for which the payment is

31  made is actually held, and becomes delinquent on the 21st day

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  1  of that month. The owner, lessor, or person receiving the rent

  2  or license fee shall remit the tax to the department at the

  3  times and in the manner hereinafter provided for dealers to

  4  remit taxes under this chapter. The same duties imposed by

  5  this chapter upon dealers in tangible personal property

  6  respecting the collection and remission of the tax; the making

  7  of returns; the keeping of books, records, and accounts; and

  8  the compliance with the rules and regulations of the

  9  department in the administration of this chapter shall apply

10  to and be binding upon all persons who manage any leases or

11  operate real property, hotels, apartment houses,

12  roominghouses, or tourist and trailer camps and all persons

13  who collect or receive rents or license fees taxable under

14  this chapter on behalf of owners or lessors.

15         (10)  Separately stated charges imposed by a convention

16  hall, exhibition hall, auditorium, stadium, theater, arena,

17  civic center, performing arts center, or publicly owned

18  recreational facility upon a lessee or licensee for food,

19  drink, or services required or available in connection with a

20  lease or license to use real property, including charges for

21  laborers, stagehands, ticket takers, event staff, security

22  personnel, cleaning staff, and other event-related personnel,

23  advertising, and credit card processing, are exempt from the

24  tax imposed by this section.

25         Section 43.  Effective July 1, 2006, paragraph (a) of

26  subsection (1) and subsections (3) and (10) of section

27  212.031, Florida Statutes, as amended by this act, are amended

28  to read:

29         212.031  Lease or rental of or license in real

30  property.--

31         (1)

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

  2  every person is exercising a taxable privilege who engages in

  3  the business of renting, leasing, letting, or granting a

  4  license for the use of any real property unless such property

  5  is:

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

  7         2.  Used exclusively as dwelling units.

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

  9  storage spaces under s. 212.03(6).

10         4.  Recreational property or the common elements of a

11  condominium when subject to a lease between the developer or

12  owner thereof and the condominium association in its own right

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

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

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

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

17  or the condominium association shall be fully taxable under

18  this chapter.

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

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

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

22  or provider of communications services, as defined by s.

23  202.11, for utility or communications or television purposes.

24  For purposes of this subparagraph, the term "utility" means

25  any person providing utility services as defined in s.

26  203.012. This exception also applies to property, wherever

27  located, on which the following are placed: towers, antennas,

28  cables, accessory structures, or equipment, not including

29  switching equipment, used in the provision of mobile

30  communications services as defined in s. 202.11. For purposes

31  of this chapter, towers used in the provision of mobile

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  1  communications services, as defined in s. 202.11, are

  2  considered to be fixtures.

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

  4  transportation purposes.

  5         7.  Property used at an airport exclusively for the

  6  purpose of aircraft landing or aircraft taxiing or property

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

  8  passengers or property onto or from aircraft or for fueling

  9  aircraft.

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

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

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

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

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

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

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

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

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

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

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

21  imported or exported shall remain subject to tax except as

22  provided in sub-subparagraph a.

23         9.  Property used as an integral part of the

24  performance of qualified production services.  As used in this

25  subparagraph, the term "qualified production services" means

26  any activity or service performed directly in connection with

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

28  212.06(1)(b), and includes:

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

30  managing and scouting, shooting, creation of special and

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

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  1  electronic, or otherwise), technological modifications,

  2  computer graphics, set and stage support (such as

  3  electricians, lighting designers and operators, greensmen,

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

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

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

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

  8  coaching, consulting, writing, scoring, composing,

  9  choreographing, script supervising, directing, producing,

10  transmitting dailies, dubbing, mixing, editing, cutting,

11  looping, printing, processing, duplicating, storing, and

12  distributing;

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

14  alteration, repair, and maintenance of real or personal

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

16  facilities principally required for the performance of those

17  services listed in sub-subparagraph a.; and

18         c.  Property management services directly related to

19  property used in connection with the services described in

20  sub-subparagraphs a. and b.

21

22  This exemption will inure to the taxpayer upon presentation of

23  the certificate of exemption issued to the taxpayer under the

24  provisions of s. 288.1258.

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

26  providing food and drink concessionaire services within the

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

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

29  publicly owned recreational facility, or any business operated

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

31  providing retail concessionaire services involving the sale of

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  1  food and drink or other tangible personal property within the

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

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

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

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

  6  include the leasing of tangible personal property.

  7         11.  Property occupied pursuant to an instrument

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

  9  Technical Assistance Advisement issued on or before March 15,

10  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

11  Florida Administrative Code; provided that this subparagraph

12  shall only apply to property occupied by the same person

13  before and after the execution of the subject instrument and

14  only to those payments made pursuant to such instrument,

15  exclusive of renewals and extensions thereof occurring after

16  March 15, 1993.

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

18  concessionaire by a convention hall, exhibition hall,

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

20  arts center, or publicly owned recreational facility, during

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

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

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

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

25  sales and not based on a fixed price.

26         12.13.  Property used or occupied predominantly for

27  space flight business purposes. As used in this subparagraph,

28  "space flight business" means the manufacturing, processing,

29  or assembly of a space facility, space propulsion system,

30  space vehicle, satellite, or station of any kind possessing

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

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  1  components thereof, and also means the following activities

  2  supporting space flight: vehicle launch activities, flight

  3  operations, ground control or ground support, and all

  4  administrative activities directly related thereto. Property

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

  6  flight business purposes if more than 50 percent of the

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

  8  space flight business purposes. Possession by a landlord,

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

10  tenant, lessee, or licensee claiming the exemption shall

11  relieve the landlord, lessor, or licensor from the

12  responsibility of collecting the tax, and the department shall

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

14  such tax if it determines that the exemption was not

15  applicable.

16         (3)  The tax imposed by this section shall be in

17  addition to the total amount of the rental or license fee,

18  shall be charged by the lessor or person receiving the rent or

19  payment in and by a rental or license fee arrangement with the

20  lessee or person paying the rental or license fee, and shall

21  be due and payable at the time of the receipt of such rental

22  or license fee payment by the lessor or other person who

23  receives the rental or payment. Notwithstanding any other

24  provision of this chapter, the tax imposed by this section on

25  the rental, lease, or license for the use of a convention

26  hall, exhibition hall, auditorium, stadium, theater, arena,

27  civic center, performing arts center, or publicly owned

28  recreational facility to hold an event of not more than 7

29  consecutive days' duration shall be collected at the time of

30  the payment for that rental, lease, or license but is not due

31  and payable to the department until the first day of the month

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  1  following the last day that the event for which the payment is

  2  made is actually held, and becomes delinquent on the 21st day

  3  of that month. The owner, lessor, or person receiving the rent

  4  or license fee shall remit the tax to the department at the

  5  times and in the manner hereinafter provided for dealers to

  6  remit taxes under this chapter.  The same duties imposed by

  7  this chapter upon dealers in tangible personal property

  8  respecting the collection and remission of the tax; the making

  9  of returns; the keeping of books, records, and accounts; and

10  the compliance with the rules and regulations of the

11  department in the administration of this chapter shall apply

12  to and be binding upon all persons who manage any leases or

13  operate real property, hotels, apartment houses,

14  roominghouses, or tourist and trailer camps and all persons

15  who collect or receive rents or license fees taxable under

16  this chapter on behalf of owners or lessors.

17         (10)  Separately stated charges imposed by a convention

18  hall, exhibition hall, auditorium, stadium, theater, arena,

19  civic center, performing arts center, or publicly owned

20  recreational facility upon a lessee or licensee for food,

21  drink, or services required or available in connection with a

22  lease or license to use real property, including charges for

23  laborers, stagehands, ticket takers, event staff, security

24  personnel, cleaning staff, and other event-related personnel,

25  advertising, and credit card processing, are exempt from the

26  tax imposed by this section.

27         Section 44.  Effective July 1, 2003, paragraph (b) of

28  subsection (1), paragraph (a) of subsection (2), and

29  subsection (3) of section 212.04, Florida Statutes, are

30  amended to read:

31         212.04  Admissions tax; rate, procedure, enforcement.--

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  1         (1)

  2         (b)  For the exercise of such privilege, a tax is

  3  levied at the rate of 6 percent of sales price, or the actual

  4  value received from such admissions, which 6 percent shall be

  5  added to and collected with all such admissions from the

  6  purchaser thereof, and such tax shall be paid for the exercise

  7  of the privilege as defined in the preceding paragraph. Each

  8  ticket must show on its face the actual sales price of the

  9  admission, or each dealer selling the admission must

10  prominently display at the box office or other place where the

11  admission charge is made a notice disclosing the price of the

12  admission, and the tax shall be computed and collected on the

13  basis of the actual price of the admission charged by the

14  dealer. The sale price or actual value of admission shall, for

15  the purpose of this chapter, be that price remaining after

16  deduction of federal taxes and state or locally imposed or

17  authorized seat surcharges, taxes, or fees, if any, imposed

18  upon such admission. The sale price or actual value does not

19  include separately stated ticket service charges that are

20  imposed by a facility ticket office or a ticketing service and

21  added to a separately stated, established ticket price., and

22  The rate of tax on each admission shall be according to the

23  brackets established by s. 212.12(9).

24         (2)

25         (a)1.  No tax shall be levied on admissions to athletic

26  or other events sponsored by elementary schools, junior high

27  schools, middle schools, high schools, community colleges,

28  public or private colleges and universities, deaf and blind

29  schools, facilities of the youth services programs of the

30  Department of Children and Family Services, and state

31  correctional institutions when only student, faculty, or

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  1  inmate talent is used. However, this exemption shall not apply

  2  to admission to athletic events sponsored by an institution

  3  within the State University System, and the proceeds of the

  4  tax collected on such admissions shall be retained and used by

  5  each institution to support women's athletics as provided in

  6  s. 240.533(3)(c).

  7         2.a.  No tax shall be levied on dues, membership fees,

  8  and admission charges imposed by not-for-profit sponsoring

  9  organizations. To receive this exemption, the sponsoring

10  organization must qualify as a not-for-profit entity under the

11  provisions of s. 501(c)(3) of the Internal Revenue Code of

12  1954, as amended.

13         b.  No tax shall be levied on admission charges to an

14  event sponsored by a governmental entity, sports authority, or

15  sports commission when held in a convention hall, exhibition

16  hall, auditorium, stadium, theater, arena, civic center,

17  performing arts center, or publicly owned recreational

18  facility and when 100 percent of the risk of success or

19  failure lies with the sponsor of the event and 100 percent of

20  the funds at risk for the event belong to the sponsor, and

21  student or faculty talent is not exclusively used.  As used in

22  this sub-subparagraph, the terms "sports authority" and

23  "sports commission" mean a nonprofit organization that is

24  exempt from federal income tax under s. 501(c)(3) of the

25  Internal Revenue Code and that contracts with a county or

26  municipal government for the purpose of promoting and

27  attracting sports-tourism events to the community with which

28  it contracts.

29         3.  No tax shall be levied on an admission paid by a

30  student, or on the student's behalf, to any required place of

31  sport or recreation if the student's participation in the

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  1  sport or recreational activity is required as a part of a

  2  program or activity sponsored by, and under the jurisdiction

  3  of, the student's educational institution, provided his or her

  4  attendance is as a participant and not as a spectator.

  5         4.  No tax shall be levied on admissions to the

  6  National Football League championship game, on admissions to

  7  any semifinal game or championship game of a national

  8  collegiate tournament, or on admissions to a Major League

  9  Baseball all-star game.

10         5.  A participation fee or sponsorship fee imposed by a

11  governmental entity as described in s. 212.08(6) for an

12  athletic or recreational program is exempt when the

13  governmental entity by itself, or in conjunction with an

14  organization exempt under s. 501(c)(3) of the Internal Revenue

15  Code of 1954, as amended, sponsors, administers, plans,

16  supervises, directs, and controls the athletic or recreational

17  program.

18         6.  Also exempt from the tax imposed by this section to

19  the extent provided in this subparagraph are admissions to

20  live theater, live opera, or live ballet productions in this

21  state which are sponsored by an organization that has received

22  a determination from the Internal Revenue Service that the

23  organization is exempt from federal income tax under s.

24  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

25  the organization actively participates in planning and

26  conducting the event, is responsible for the safety and

27  success of the event, is organized for the purpose of

28  sponsoring live theater, live opera, or live ballet

29  productions in this state, has more than 10,000 subscribing

30  members and has among the stated purposes in its charter the

31  promotion of arts education in the communities which it

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  1  serves, and will receive at least 20 percent of the net

  2  profits, if any, of the events which the organization sponsors

  3  and will bear the risk of at least 20 percent of the losses,

  4  if any, from the events which it sponsors if the organization

  5  employs other persons as agents to provide services in

  6  connection with a sponsored event. Prior to March 1 of each

  7  year, such organization may apply to the department for a

  8  certificate of exemption for admissions to such events

  9  sponsored in this state by the organization during the

10  immediately following state fiscal year. The application shall

11  state the total dollar amount of admissions receipts collected

12  by the organization or its agents from such events in this

13  state sponsored by the organization or its agents in the year

14  immediately preceding the year in which the organization

15  applies for the exemption. Such organization shall receive the

16  exemption only to the extent of $1.5 million multiplied by the

17  ratio that such receipts bear to the total of such receipts of

18  all organizations applying for the exemption in such year;

19  however, in no event shall such exemption granted to any

20  organization exceed 6 percent of such admissions receipts

21  collected by the organization or its agents in the year

22  immediately preceding the year in which the organization

23  applies for the exemption. Each organization receiving the

24  exemption shall report each month to the department the total

25  admissions receipts collected from such events sponsored by

26  the organization during the preceding month and shall remit to

27  the department an amount equal to 6 percent of such receipts

28  reduced by any amount remaining under the exemption. Tickets

29  for such events sold by such organizations shall not reflect

30  the tax otherwise imposed under this section.

31

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  1         7.  Also exempt from the tax imposed by this section

  2  are entry fees for participation in freshwater fishing

  3  tournaments.

  4         8.  Also exempt from the tax imposed by this section

  5  are participation or entry fees charged to participants in a

  6  game, race, or other sport or recreational event if spectators

  7  are charged a taxable admission to such event.

  8         9.  No tax shall be levied on admissions to any

  9  postseason collegiate football game sanctioned by the National

10  Collegiate Athletic Association.

11         (3)  Such taxes shall be paid and remitted at the same

12  time and in the same manner as provided for remitting taxes on

13  sales of tangible personal property, as hereinafter provided.

14  Notwithstanding any other provision of this chapter, the tax

15  on admission to an event at a convention hall, exhibition

16  hall, auditorium, stadium, theater, arena, civic center,

17  performing arts center, or publicly owned recreational

18  facility shall be collected at the time of payment for the

19  admission but is not due to the department until the first day

20  of the month following the actual date of the event for which

21  the admission is sold and becomes delinquent on the 21st day

22  of that month.

23         Section 45.  Effective July 1, 2006, paragraph (b) of

24  subsection (1), paragraph (a) of subsection (2), and

25  subsection (3) of section 212.04, Florida Statutes, as amended

26  by this act, are amended to read:

27         212.04  Admissions tax; rate, procedure, enforcement.--

28         (1)

29         (b)  For the exercise of such privilege, a tax is

30  levied at the rate of 6 percent of sales price, or the actual

31  value received from such admissions, which 6 percent shall be

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  1  added to and collected with all such admissions from the

  2  purchaser thereof, and such tax shall be paid for the exercise

  3  of the privilege as defined in the preceding paragraph. Each

  4  ticket must show on its face the actual sales price of the

  5  admission, or each dealer selling the admission must

  6  prominently display at the box office or other place where the

  7  admission charge is made a notice disclosing the price of the

  8  admission, and the tax shall be computed and collected on the

  9  basis of the actual price of the admission charged by the

10  dealer. The sale price or actual value of admission shall, for

11  the purpose of this chapter, be that price remaining after

12  deduction of federal taxes and state or locally imposed or

13  authorized seat surcharges, taxes, or fees, if any, imposed

14  upon such admission and. The sale price or actual value does

15  not include separately stated ticket service charges that are

16  imposed by a facility ticket office or a ticketing service and

17  added to a separately stated, established ticket price. the

18  rate of tax on each admission shall be according to the

19  brackets established by s. 212.12(9).

20         (2)

21         (a)1.  No tax shall be levied on admissions to athletic

22  or other events sponsored by elementary schools, junior high

23  schools, middle schools, high schools, community colleges,

24  public or private colleges and universities, deaf and blind

25  schools, facilities of the youth services programs of the

26  Department of Children and Family Services, and state

27  correctional institutions when only student, faculty, or

28  inmate talent is used. However, this exemption shall not apply

29  to admission to athletic events sponsored by an institution

30  within the State University System, and the proceeds of the

31  tax collected on such admissions shall be retained and used by

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  1  each institution to support women's athletics as provided in

  2  s. 240.533(3)(c).

  3         2.2.a.  No tax shall be levied on dues, membership

  4  fees, and admission charges imposed by not-for-profit

  5  sponsoring organizations. To receive this exemption, the

  6  sponsoring organization must qualify as a not-for-profit

  7  entity under the provisions of s. 501(c)(3) of the Internal

  8  Revenue Code of 1954, as amended.

  9         b.  No tax shall be levied on admission charges to an

10  event sponsored by a governmental entity, sports authority, or

11  sports commission when held in a convention hall, exhibition

12  hall, auditorium, stadium, theater, arena, civic center,

13  performing arts center, or publicly owned recreational

14  facility and when 100 percent of the risk of success or

15  failure lies with the sponsor of the event and 100 percent of

16  the funds at risk for the event belong to the sponsor, and

17  student or faculty talent is not exclusively used.  As used in

18  this sub-subparagraph, the terms "sports authority" and

19  "sports commission" mean a nonprofit organization that is

20  exempt from federal income tax under s. 501(c)(3) of the

21  Internal Revenue Code and that contracts with a county or

22  municipal government for the purpose of promoting and

23  attracting sports-tourism events to the community with which

24  it contracts.

25         3.  No tax shall be levied on an admission paid by a

26  student, or on the student's behalf, to any required place of

27  sport or recreation if the student's participation in the

28  sport or recreational activity is required as a part of a

29  program or activity sponsored by, and under the jurisdiction

30  of, the student's educational institution, provided his or her

31  attendance is as a participant and not as a spectator.

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  1         4.  No tax shall be levied on admissions to the

  2  National Football League championship game, on admissions to

  3  any semifinal game or championship game of a national

  4  collegiate tournament, or on admissions to a Major League

  5  Baseball all-star game.

  6         5.  A participation fee or sponsorship fee imposed by a

  7  governmental entity as described in s. 212.08(6) for an

  8  athletic or recreational program is exempt when the

  9  governmental entity by itself, or in conjunction with an

10  organization exempt under s. 501(c)(3) of the Internal Revenue

11  Code of 1954, as amended, sponsors, administers, plans,

12  supervises, directs, and controls the athletic or recreational

13  program.

14         6.  Also exempt from the tax imposed by this section to

15  the extent provided in this subparagraph are admissions to

16  live theater, live opera, or live ballet productions in this

17  state which are sponsored by an organization that has received

18  a determination from the Internal Revenue Service that the

19  organization is exempt from federal income tax under s.

20  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

21  the organization actively participates in planning and

22  conducting the event, is responsible for the safety and

23  success of the event, is organized for the purpose of

24  sponsoring live theater, live opera, or live ballet

25  productions in this state, has more than 10,000 subscribing

26  members and has among the stated purposes in its charter the

27  promotion of arts education in the communities which it

28  serves, and will receive at least 20 percent of the net

29  profits, if any, of the events which the organization sponsors

30  and will bear the risk of at least 20 percent of the losses,

31  if any, from the events which it sponsors if the organization

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  1  employs other persons as agents to provide services in

  2  connection with a sponsored event. Prior to March 1 of each

  3  year, such organization may apply to the department for a

  4  certificate of exemption for admissions to such events

  5  sponsored in this state by the organization during the

  6  immediately following state fiscal year. The application shall

  7  state the total dollar amount of admissions receipts collected

  8  by the organization or its agents from such events in this

  9  state sponsored by the organization or its agents in the year

10  immediately preceding the year in which the organization

11  applies for the exemption. Such organization shall receive the

12  exemption only to the extent of $1.5 million multiplied by the

13  ratio that such receipts bear to the total of such receipts of

14  all organizations applying for the exemption in such year;

15  however, in no event shall such exemption granted to any

16  organization exceed 6 percent of such admissions receipts

17  collected by the organization or its agents in the year

18  immediately preceding the year in which the organization

19  applies for the exemption. Each organization receiving the

20  exemption shall report each month to the department the total

21  admissions receipts collected from such events sponsored by

22  the organization during the preceding month and shall remit to

23  the department an amount equal to 6 percent of such receipts

24  reduced by any amount remaining under the exemption. Tickets

25  for such events sold by such organizations shall not reflect

26  the tax otherwise imposed under this section.

27         7.  Also exempt from the tax imposed by this section

28  are entry fees for participation in freshwater fishing

29  tournaments.

30         8.  Also exempt from the tax imposed by this section

31  are participation or entry fees charged to participants in a

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  1  game, race, or other sport or recreational event if spectators

  2  are charged a taxable admission to such event.

  3         9.  No tax shall be levied on admissions to any

  4  postseason collegiate football game sanctioned by the National

  5  Collegiate Athletic Association.

  6         (3)  Such taxes shall be paid and remitted at the same

  7  time and in the same manner as provided for remitting taxes on

  8  sales of tangible personal property, as hereinafter provided.

  9  Notwithstanding any other provision of this chapter, the tax

10  on admission to an event at a convention hall, exhibition

11  hall, auditorium, stadium, theater, arena, civic center,

12  performing arts center, or publicly owned recreational

13  facility shall be collected at the time of payment for the

14  admission but is not due to the department until the first day

15  of the month following the actual date of the event for which

16  the admission is sold and becomes delinquent on the 21st day

17  of that month.

18         Section 46.  Paragraph (g) of subsection (10) of

19  section 212.02, Florida Statutes, is amended to read:

20         212.02  Definitions.--The following terms and phrases

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

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

23  different meaning:

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

25  renting of living quarters or sleeping or housekeeping

26  accommodations in hotels, apartment houses, roominghouses,

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

28  defined as follows:

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

30  or rental of tangible personal property and the possession or

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

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

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

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

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

  5  jurisdiction of the United States Interstate Commerce

  6  Commission, when such charges are paid by reason of the

  7  presence of railroad cars owned by another on the tracks of

  8  the taxpayer, or charges made pursuant to car service

  9  agreements. The term "lease," "let," "rental," or "license"

10  does not include payments made to an owner of high-voltage

11  bulk transmission facilities in connection with the possession

12  or control of such facilities by a regional transmission

13  organization, independent system operator, or similar entity

14  under the jurisdiction of the Federal Energy Regulatory

15  Commission. However, where two taxpayers, in connection with

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

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

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

19  means only the net amount of rental involved.

20         Section 47.  Present subsections (12) and (13) of

21  section 212.212, Florida Statutes, are redesignated as (13)

22  and (14), respectively, and a new subsection (12) is added to

23  that section, to read:

24         212.12  Dealer's credit for collecting tax; penalties

25  for noncompliance; powers of Department of Revenue in dealing

26  with delinquents; brackets applicable to taxable transactions;

27  records required.--

28         (12)  If it is determined upon audit that a dealer has

29  collected and remitted taxes by applying the applicable tax

30  rate to each transaction as described in subsection (9) and

31  rounding the tax due to the nearest whole cent rather than

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  1  applying the appropriate bracket system provided by statute or

  2  department rule, the dealer may not be held liable for

  3  additional tax, penalty, and interest resulting from such

  4  failure if all of the following requirements are met:

  5         (a)  The dealer acted in a good-faith belief that

  6  rounding to the nearest whole cent was the proper method of

  7  determining the amount of tax due on each taxable transaction;

  8         (b)  The dealer timely reported and remitted all taxes

  9  collected on each taxable transaction; and

10         (c)  The dealer agrees in writing to future compliance

11  with the statutes and rules concerning brackets applicable to

12  the dealer's transactions.

13         Section 48.  It is the intent of the Legislature that

14  the amendments to section 212.12, Florida Statutes, made by

15  this act apply to all pending sales and use tax audits or

16  other actions or inquiries, including those currently under

17  protest or in litigation. The amendments to section 212.12,

18  Florida Statutes, made by this act do not create any right to

19  refund for taxes previously assessed and paid in regard to

20  audits or other actions or inquiries that are no longer

21  pending.

22         Section 49.  Paragraph (b) of subsection (1) of section

23  206.9825, Florida Statutes, is reenacted and amended to read:

24         206.9825  Aviation fuel tax.--

25         (1)

26         (b)  Any licensed wholesaler or terminal supplier that

27  delivers aviation fuel to an air carrier offering

28  transcontinental jet service and that, after January 1, 1996,

29  increases the air carrier's Florida workforce by more than

30  1000 percent and by 250 or more full-time equivalent employee

31  positions, may receive a credit or refund as the ultimate

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  1  vendor of the aviation fuel for the 6.9 cents excise tax

  2  previously paid, provided that the air carrier has no facility

  3  for fueling highway vehicles from the tank in which the

  4  aviation fuel is stored.  In calculating the new or additional

  5  Florida full-time equivalent employee positions, any full-time

  6  equivalent employee positions of parent or subsidiary

  7  corporations which existed before January 1, 1996, shall not

  8  be counted toward reaching the Florida employment increase

  9  thresholds.  The refund allowed under this paragraph is in

10  furtherance of the goals and policies of the State

11  Comprehensive Plan set forth in s. 187.201(17)(a), (b)1., 2.,

12  (18)(a), (b)1., 4., (20)(a), (b)5., (22)(a), (b)1., 2., 4.,

13  7., 9., and 12.  This paragraph will expire on July 1, 2001.

14         Section 50.  Notwithstanding the percentage increase

15  provided in section 218.21(6), Florida Statutes, for the

16  purpose of calculating distributions made under section

17  212.20(6)(d)6., Florida Statutes, for the 2001-2002 fiscal

18  year, the percentage increase for any government exercising

19  municipal powers under Section 6(f) of Article VIII of the

20  State Constitution shall be calculated as the revenues from

21  the Revenue Sharing Trust Fund for Municipalities for the

22  1999-2000 fiscal year and revenues from the Municipal

23  Financial Assistance Trust Fund for the 1999-2000 fiscal year,

24  minus one. Notwithstanding this section, actual payments

25  during fiscal year 2001-2002 shall not be affected by this

26  provision and such recalculated amount shall be used to

27  determine the percentage increase for the 2002-2003 fiscal

28  year, as provided in section 218.21(6)(b), Florida Statutes.

29  Any adjustment because of an overpayment during the 2001-2002

30  fiscal year shall be treated as a credit to the payment in

31  fiscal year 2002-2003.

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  1         Section 51.  Except as otherwise expressly provided in

  2  this act, this act shall take effect upon becoming a law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                             SB 2302

  6

  7  The Committee Substitute made the following changes to SB
    2302:
  8
    1.    Clarifies that payments to utility companies by a
  9        regional transmission organization are not subject to
          the rental tax.
10
    2.    Adds language taken from the Department of Revenue's
11        current rule, providing that in certain situations,
          dealers are not required to obtain new resale
12        certificates from purchasers annually.

13  3.    Provides for the forgiveness of tax, penalty and
          interest resulting from failure to use the traditional
14        rounding of tax, under certain circumstances.

15  4.    Extends for an additional 3 years, from 2003 to 2006,
          the sales tax exemptions awarded to civic centers,
16        convention halls, stadiums, performing arts centers,
          exhibition halls, auditoriums, stadiums, theaters,
17        arenas, or publicly-owned recreational facilities.

18  5.    Adds to the electronic reporting requirements, the
          requirement to file unemployment compensation taxes
19        electronically for certain employers. The bill also
          lowers the electronic filing and payment threshold from
20        $50,000 to $30,000, instead of in $10,000 increments
          over 4 years.
21
    6.    Reenacts the aviation fuel tax credit for certain
22        airlines.  This provision expired July 1, 2001.

23  7.    The bill cleans-up language to the Municipal Revenue
          Sharing provisions in ss. 218.21(6) and 212.20(6)(d)6.,
24        in relation to Metro-Dade's annual growth increase.

25

26

27

28

29

30

31

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