| 1 | A bill to be entitled |
| 2 | An act relating to the tax on sales, use, and other |
| 3 | transactions; amending s. 212.02, F.S.; repealing the |
| 4 | exemption for memberships to physical fitness facilities |
| 5 | owned or operated by a licensed hospital; deleting the |
| 6 | definition of "qualified aircraft"; defining the term |
| 7 | "fractional aircraft ownership program"; amending s. |
| 8 | 212.031, F.S.; clarifying the application of the exemption |
| 9 | to certain rentals within certain public facilities; |
| 10 | abrogating the repeal of the tax exemption on rental or |
| 11 | license fees provided for certain property rented, leased, |
| 12 | or licensed by a convention or exhibition hall, |
| 13 | auditorium, stadium, theater, arena, civic center, |
| 14 | performing arts center, or publicly owned recreational |
| 15 | facility; revising the exemption on the rental, lease, |
| 16 | sublease, or license for the use of box seats; amending s. |
| 17 | 212.04, F.S.; abrogating the repeal of the tax exemption |
| 18 | for admission charges to events sponsored by governmental |
| 19 | entities, sports authorities, and sports commissions; |
| 20 | providing an exemption for admissions to the National |
| 21 | Basketball Association All-Star Game and the National |
| 22 | Hockey League All-Star Game; amending s. 212.05, F.S.; |
| 23 | increasing the tax rate on charges for the use of coin- |
| 24 | operated amusement machines; providing an exception for |
| 25 | certain machines located in facilities owned, operated, or |
| 26 | leased by certain veterans' service organizations; |
| 27 | imposing a maximum limitation on the amount of tax |
| 28 | collected on sales or use of aircrafts or boats in this |
| 29 | state; creating s. 212.0597, F.S.; providing a maximum tax |
| 30 | on the sale or use of fractional aircraft ownership |
| 31 | interests; amending s. 212.08, F.S.; providing a temporary |
| 32 | exemption for certain industrial machinery and equipment |
| 33 | used in manufacturing; defining the term "industrial |
| 34 | machinery and equipment"; repealing the exemption for |
| 35 | ostrich feed; repealing the exemption for newspapers, |
| 36 | magazines, and newsletter subscriptions delivered by mail; |
| 37 | amending the exemption for charter fishing vessels to |
| 38 | apply only to a vessel licensed for no more than six |
| 39 | customers; repealing the exemption for repair and |
| 40 | maintenance labor charges for qualified aircraft; |
| 41 | repealing the exemption for sales or leases of qualified |
| 42 | aircraft; providing tax exemptions on the sale or use of |
| 43 | aircraft primarily used in a fractional aircraft ownership |
| 44 | program; repealing s. 212.0801, F.S., relating to |
| 45 | qualified aircraft exemptions; amending s. 2, ch. 2006- |
| 46 | 101, Laws of Florida; abrogating the repeal of the tax |
| 47 | exemption provided for certain charges imposed by a |
| 48 | convention or exhibition hall, auditorium, stadium, |
| 49 | theater, arena, civic center, performing arts center, or |
| 50 | publicly owned recreational facility upon a lessee or |
| 51 | licensee; specifying a period during which the sale of |
| 52 | books, clothing, and school supplies are exempt from such |
| 53 | tax; providing definitions; providing exceptions; |
| 54 | providing an exemption from the sales and use tax for |
| 55 | sales of certain tangible personal property used for |
| 56 | hurricane preparedness for a certain period; providing |
| 57 | exceptions; authorizing the Department of Revenue to adopt |
| 58 | emergency rules; providing appropriations; providing |
| 59 | effective dates. |
| 60 |
|
| 61 | Be It Enacted by the Legislature of the State of Florida: |
| 62 |
|
| 63 | Section 1. Subsections (1) and (33) of section 212.02, |
| 64 | Florida Statutes, are amended to read: |
| 65 | 212.02 Definitions.--The following terms and phrases when |
| 66 | used in this chapter have the meanings ascribed to them in this |
| 67 | section, except where the context clearly indicates a different |
| 68 | meaning: |
| 69 | (1) The term "admissions" means and includes the net sum |
| 70 | of money after deduction of any federal taxes for admitting a |
| 71 | person or vehicle or persons to any place of amusement, sport, |
| 72 | or recreation or for the privilege of entering or staying in any |
| 73 | place of amusement, sport, or recreation, including, but not |
| 74 | limited to, theaters, outdoor theaters, shows, exhibitions, |
| 75 | games, races, or any place where charge is made by way of sale |
| 76 | of tickets, gate charges, seat charges, box charges, season pass |
| 77 | charges, cover charges, greens fees, participation fees, |
| 78 | entrance fees, or other fees or receipts of anything of value |
| 79 | measured on an admission or entrance or length of stay or seat |
| 80 | box accommodations in any place where there is any exhibition, |
| 81 | amusement, sport, or recreation, and all dues and fees paid to |
| 82 | private clubs and membership clubs providing recreational or |
| 83 | physical fitness facilities, including, but not limited to, |
| 84 | golf, tennis, swimming, yachting, boating, athletic, exercise, |
| 85 | and fitness facilities, except physical fitness facilities owned |
| 86 | or operated by any hospital licensed under chapter 395. |
| 87 | (33) "Fractional aircraft ownership program" means a |
| 88 | program that meets the requirements of 14 C.F.R. part 91, |
| 89 | subpart K, relating to fractional ownership operations, except |
| 90 | the program must include a minimum of 25 aircraft owned or |
| 91 | leased by the business or affiliated group, as defined by s. |
| 92 | 1504(a) of the Internal Revenue Code, providing the program. |
| 93 | Such aircraft must be used in the fractional aircraft ownership |
| 94 | program providing the program. "Qualified aircraft" means any |
| 95 | aircraft having a maximum certified takeoff weight of less than |
| 96 | 10,000 pounds and equipped with twin turbofan engines that meet |
| 97 | Stage IV noise requirements that is used by a business operating |
| 98 | as an on-demand air carrier under Federal Aviation |
| 99 | Administration Regulation Title 14, chapter I, part 135, Code of |
| 100 | Federal Regulations, that owns or leases and operates a fleet of |
| 101 | at least 25 of such aircraft in this state. |
| 102 | Section 2. Paragraph (a) of subsection (1) and subsection |
| 103 | (9) of section 212.031, Florida Statutes, are amended to read: |
| 104 | 212.031 Tax on rental or license fee for use of real |
| 105 | property.-- |
| 106 | (1)(a) It is declared to be the legislative intent that |
| 107 | every person is exercising a taxable privilege who engages in |
| 108 | the business of renting, leasing, letting, or granting a license |
| 109 | for the use of any real property unless such property is: |
| 110 | 1. Assessed as agricultural property under s. 193.461. |
| 111 | 2. Used exclusively as dwelling units. |
| 112 | 3. Property subject to tax on parking, docking, or storage |
| 113 | spaces under s. 212.03(6). |
| 114 | 4. Recreational property or the common elements of a |
| 115 | condominium when subject to a lease between the developer or |
| 116 | owner thereof and the condominium association in its own right |
| 117 | or as agent for the owners of individual condominium units or |
| 118 | the owners of individual condominium units. However, only the |
| 119 | lease payments on such property shall be exempt from the tax |
| 120 | imposed by this chapter, and any other use made by the owner or |
| 121 | the condominium association shall be fully taxable under this |
| 122 | chapter. |
| 123 | 5. A public or private street or right-of-way and poles, |
| 124 | conduits, fixtures, and similar improvements located on such |
| 125 | streets or rights-of-way, occupied or used by a utility or |
| 126 | provider of communications services, as defined by s. 202.11, |
| 127 | for utility or communications or television purposes. For |
| 128 | purposes of this subparagraph, the term "utility" means any |
| 129 | person providing utility services as defined in s. 203.012. This |
| 130 | exception also applies to property, wherever located, on which |
| 131 | the following are placed: towers, antennas, cables, accessory |
| 132 | structures, or equipment, not including switching equipment, |
| 133 | used in the provision of mobile communications services as |
| 134 | defined in s. 202.11. For purposes of this chapter, towers used |
| 135 | in the provision of mobile communications services, as defined |
| 136 | in s. 202.11, are considered to be fixtures. |
| 137 | 6. A public street or road which is used for |
| 138 | transportation purposes. |
| 139 | 7. Property used at an airport exclusively for the purpose |
| 140 | of aircraft landing or aircraft taxiing or property used by an |
| 141 | airline for the purpose of loading or unloading passengers or |
| 142 | property onto or from aircraft or for fueling aircraft. |
| 143 | 8.a. Property used at a port authority, as defined in s. |
| 144 | 315.02(2), exclusively for the purpose of oceangoing vessels or |
| 145 | tugs docking, or such vessels mooring on property used by a port |
| 146 | authority for the purpose of loading or unloading passengers or |
| 147 | cargo onto or from such a vessel, or property used at a port |
| 148 | authority for fueling such vessels, or to the extent that the |
| 149 | amount paid for the use of any property at the port is based on |
| 150 | the charge for the amount of tonnage actually imported or |
| 151 | exported through the port by a tenant. |
| 152 | b. The amount charged for the use of any property at the |
| 153 | port in excess of the amount charged for tonnage actually |
| 154 | imported or exported shall remain subject to tax except as |
| 155 | provided in sub-subparagraph a. |
| 156 | 9. Property used as an integral part of the performance of |
| 157 | qualified production services. As used in this subparagraph, the |
| 158 | term "qualified production services" means any activity or |
| 159 | service performed directly in connection with the production of |
| 160 | a qualified motion picture, as defined in s. 212.06(1)(b), and |
| 161 | includes: |
| 162 | a. Photography, sound and recording, casting, location |
| 163 | managing and scouting, shooting, creation of special and optical |
| 164 | effects, animation, adaptation (language, media, electronic, or |
| 165 | otherwise), technological modifications, computer graphics, set |
| 166 | and stage support (such as electricians, lighting designers and |
| 167 | operators, greensmen, prop managers and assistants, and grips), |
| 168 | wardrobe (design, preparation, and management), hair and makeup |
| 169 | (design, production, and application), performing (such as |
| 170 | acting, dancing, and playing), designing and executing stunts, |
| 171 | coaching, consulting, writing, scoring, composing, |
| 172 | choreographing, script supervising, directing, producing, |
| 173 | transmitting dailies, dubbing, mixing, editing, cutting, |
| 174 | looping, printing, processing, duplicating, storing, and |
| 175 | distributing; |
| 176 | b. The design, planning, engineering, construction, |
| 177 | alteration, repair, and maintenance of real or personal property |
| 178 | including stages, sets, props, models, paintings, and facilities |
| 179 | principally required for the performance of those services |
| 180 | listed in sub-subparagraph a.; and |
| 181 | c. Property management services directly related to |
| 182 | property used in connection with the services described in sub- |
| 183 | subparagraphs a. and b. |
| 184 |
|
| 185 | This exemption will inure to the taxpayer upon presentation of |
| 186 | the certificate of exemption issued to the taxpayer under the |
| 187 | provisions of s. 288.1258. |
| 188 | 10. Leased, subleased, licensed, or rented to a person |
| 189 | providing food and drink concessionaire services within the |
| 190 | premises of a convention hall, exhibition hall, auditorium, |
| 191 | stadium, theater, arena, civic center, performing arts center, |
| 192 | publicly owned recreational facility, or any business operated |
| 193 | under a permit issued pursuant to chapter 550. This provision |
| 194 | applies only to the space used exclusively for selling and |
| 195 | distributing food and drinks. A person providing retail |
| 196 | concessionaire services involving the sale of food and drink or |
| 197 | other tangible personal property within the premises of an |
| 198 | airport shall be subject to tax on the rental of real property |
| 199 | used for that purpose, but shall not be subject to the tax on |
| 200 | any license to use the property. For purposes of this |
| 201 | subparagraph, the term "sale" shall not include the leasing of |
| 202 | tangible personal property. |
| 203 | 11. Property occupied pursuant to an instrument calling |
| 204 | for payments which the department has declared, in a Technical |
| 205 | Assistance Advisement issued on or before March 15, 1993, to be |
| 206 | nontaxable pursuant to rule 12A-1.070(19)(c), Florida |
| 207 | Administrative Code; provided that this subparagraph shall only |
| 208 | apply to property occupied by the same person before and after |
| 209 | the execution of the subject instrument and only to those |
| 210 | payments made pursuant to such instrument, exclusive of renewals |
| 211 | and extensions thereof occurring after March 15, 1993. |
| 212 | 12. Rented, leased, subleased, or licensed to a |
| 213 | concessionaire by a convention hall, exhibition hall, |
| 214 | auditorium, stadium, theater, arena, civic center, performing |
| 215 | arts center, or publicly owned recreational facility, during an |
| 216 | event at the facility, to be used by the concessionaire to sell |
| 217 | souvenirs, novelties, or other event-related products. This |
| 218 | subparagraph applies only to that portion of the rental, lease, |
| 219 | or license payment which is based on a percentage of sales and |
| 220 | not based on a fixed price. This subparagraph is repealed July |
| 221 | 1, 2009. |
| 222 | 13. Property used or occupied predominantly for space |
| 223 | flight business purposes. As used in this subparagraph, "space |
| 224 | flight business" means the manufacturing, processing, or |
| 225 | assembly of a space facility, space propulsion system, space |
| 226 | vehicle, satellite, or station of any kind possessing the |
| 227 | capacity for space flight, as defined by s. 212.02(23), or |
| 228 | components thereof, and also means the following activities |
| 229 | supporting space flight: vehicle launch activities, flight |
| 230 | operations, ground control or ground support, and all |
| 231 | administrative activities directly related thereto. Property |
| 232 | shall be deemed to be used or occupied predominantly for space |
| 233 | flight business purposes if more than 50 percent of the |
| 234 | property, or improvements thereon, is used for one or more space |
| 235 | flight business purposes. Possession by a landlord, lessor, or |
| 236 | licensor of a signed written statement from the tenant, lessee, |
| 237 | or licensee claiming the exemption shall relieve the landlord, |
| 238 | lessor, or licensor from the responsibility of collecting the |
| 239 | tax, and the department shall look solely to the tenant, lessee, |
| 240 | or licensee for recovery of such tax if it determines that the |
| 241 | exemption was not applicable. |
| 242 | (9) The rental, lease, sublease, or license for the use of |
| 243 | a skybox, luxury box, or other box seats for use during a high |
| 244 | school or college football game is exempt from the tax imposed |
| 245 | by this section when the charge for such rental, lease, |
| 246 | sublease, or license is imposed by a nonprofit sponsoring |
| 247 | organization which is qualified as nonprofit pursuant to s. |
| 248 | 501(c)(3) of the Internal Revenue Code. |
| 249 | Section 3. Paragraph (a) of subsection (2) of section |
| 250 | 212.04, Florida Statutes, is amended to read: |
| 251 | 212.04 Admissions tax; rate, procedure, enforcement.-- |
| 252 | (2)(a)1. No tax shall be levied on admissions to athletic |
| 253 | or other events sponsored by elementary schools, junior high |
| 254 | schools, middle schools, high schools, community colleges, |
| 255 | public or private colleges and universities, deaf and blind |
| 256 | schools, facilities of the youth services programs of the |
| 257 | Department of Children and Family Services, and state |
| 258 | correctional institutions when only student, faculty, or inmate |
| 259 | talent is used. However, this exemption shall not apply to |
| 260 | admission to athletic events sponsored by a state university, |
| 261 | and the proceeds of the tax collected on such admissions shall |
| 262 | be retained and used by each institution to support women's |
| 263 | athletics as provided in s. 1006.71(2)(c). |
| 264 | 2.a. No tax shall be levied on dues, membership fees, and |
| 265 | admission charges imposed by not-for-profit sponsoring |
| 266 | organizations. To receive this exemption, the sponsoring |
| 267 | organization must qualify as a not-for-profit entity under the |
| 268 | provisions of s. 501(c)(3) of the Internal Revenue Code of 1954, |
| 269 | as amended. |
| 270 | b. No tax shall be levied on admission charges to an event |
| 271 | sponsored by a governmental entity, sports authority, or sports |
| 272 | commission when held in a convention hall, exhibition hall, |
| 273 | auditorium, stadium, theater, arena, civic center, performing |
| 274 | arts center, or publicly owned recreational facility and when |
| 275 | 100 percent of the risk of success or failure lies with the |
| 276 | sponsor of the event and 100 percent of the funds at risk for |
| 277 | the event belong to the sponsor, and student or faculty talent |
| 278 | is not exclusively used. As used in this sub-subparagraph, the |
| 279 | terms "sports authority" and "sports commission" mean a |
| 280 | nonprofit organization that is exempt from federal income tax |
| 281 | under s. 501(c)(3) of the Internal Revenue Code and that |
| 282 | contracts with a county or municipal government for the purpose |
| 283 | of promoting and attracting sports-tourism events to the |
| 284 | community with which it contracts. This sub-subparagraph is |
| 285 | repealed July 1, 2009. |
| 286 | 3. No tax shall be levied on an admission paid by a |
| 287 | student, or on the student's behalf, to any required place of |
| 288 | sport or recreation if the student's participation in the sport |
| 289 | or recreational activity is required as a part of a program or |
| 290 | activity sponsored by, and under the jurisdiction of, the |
| 291 | student's educational institution, provided his or her |
| 292 | attendance is as a participant and not as a spectator. |
| 293 | 4. No tax shall be levied on admissions to the National |
| 294 | Football League championship game, on admissions to any |
| 295 | semifinal game or championship game of a national collegiate |
| 296 | tournament, or on admissions to a Major League Baseball all-star |
| 297 | game. |
| 298 | 5. A participation fee or sponsorship fee imposed by a |
| 299 | governmental entity as described in s. 212.08(6) for an athletic |
| 300 | or recreational program is exempt when the governmental entity |
| 301 | by itself, or in conjunction with an organization exempt under |
| 302 | s. 501(c)(3) of the Internal Revenue Code of 1954, as amended, |
| 303 | sponsors, administers, plans, supervises, directs, and controls |
| 304 | the athletic or recreational program. |
| 305 | 6. Also exempt from the tax imposed by this section to the |
| 306 | extent provided in this subparagraph are admissions to live |
| 307 | theater, live opera, or live ballet productions in this state |
| 308 | which are sponsored by an organization that has received a |
| 309 | determination from the Internal Revenue Service that the |
| 310 | organization is exempt from federal income tax under s. |
| 311 | 501(c)(3) of the Internal Revenue Code of 1954, as amended, if |
| 312 | the organization actively participates in planning and |
| 313 | conducting the event, is responsible for the safety and success |
| 314 | of the event, is organized for the purpose of sponsoring live |
| 315 | theater, live opera, or live ballet productions in this state, |
| 316 | has more than 10,000 subscribing members and has among the |
| 317 | stated purposes in its charter the promotion of arts education |
| 318 | in the communities which it serves, and will receive at least 20 |
| 319 | percent of the net profits, if any, of the events which the |
| 320 | organization sponsors and will bear the risk of at least 20 |
| 321 | percent of the losses, if any, from the events which it sponsors |
| 322 | if the organization employs other persons as agents to provide |
| 323 | services in connection with a sponsored event. Prior to March 1 |
| 324 | of each year, such organization may apply to the department for |
| 325 | a certificate of exemption for admissions to such events |
| 326 | sponsored in this state by the organization during the |
| 327 | immediately following state fiscal year. The application shall |
| 328 | state the total dollar amount of admissions receipts collected |
| 329 | by the organization or its agents from such events in this state |
| 330 | sponsored by the organization or its agents in the year |
| 331 | immediately preceding the year in which the organization applies |
| 332 | for the exemption. Such organization shall receive the exemption |
| 333 | only to the extent of $1.5 million multiplied by the ratio that |
| 334 | such receipts bear to the total of such receipts of all |
| 335 | organizations applying for the exemption in such year; however, |
| 336 | in no event shall such exemption granted to any organization |
| 337 | exceed 6 percent of such admissions receipts collected by the |
| 338 | organization or its agents in the year immediately preceding the |
| 339 | year in which the organization applies for the exemption. Each |
| 340 | organization receiving the exemption shall report each month to |
| 341 | the department the total admissions receipts collected from such |
| 342 | events sponsored by the organization during the preceding month |
| 343 | and shall remit to the department an amount equal to 6 percent |
| 344 | of such receipts reduced by any amount remaining under the |
| 345 | exemption. Tickets for such events sold by such organizations |
| 346 | shall not reflect the tax otherwise imposed under this section. |
| 347 | 7. Also exempt from the tax imposed by this section are |
| 348 | entry fees for participation in freshwater fishing tournaments. |
| 349 | 8. Also exempt from the tax imposed by this section are |
| 350 | participation or entry fees charged to participants in a game, |
| 351 | race, or other sport or recreational event if spectators are |
| 352 | charged a taxable admission to such event. |
| 353 | 9. No tax shall be levied on admissions to any postseason |
| 354 | collegiate football game sanctioned by the National Collegiate |
| 355 | Athletic Association. |
| 356 | 10. No tax shall be levied on admissions to the National |
| 357 | Basketball Association All-Star Game. |
| 358 | 11. No tax shall be levied on admissions to the National |
| 359 | Hockey League All-Star Game. |
| 360 | Section 4. Paragraph (h) of subsection (1) of section |
| 361 | 212.05, Florida Statutes, is amended, and subsection (5) is |
| 362 | added to that section, to read: |
| 363 | 212.05 Sales, storage, use tax.--It is hereby declared to |
| 364 | be the legislative intent that every person is exercising a |
| 365 | taxable privilege who engages in the business of selling |
| 366 | tangible personal property at retail in this state, including |
| 367 | the business of making mail order sales, or who rents or |
| 368 | furnishes any of the things or services taxable under this |
| 369 | chapter, or who stores for use or consumption in this state any |
| 370 | item or article of tangible personal property as defined herein |
| 371 | and who leases or rents such property within the state. |
| 372 | (1) For the exercise of such privilege, a tax is levied on |
| 373 | each taxable transaction or incident, which tax is due and |
| 374 | payable as follows: |
| 375 | (h)1. A tax is imposed at the rate of 6 4 percent on the |
| 376 | charges for the use of coin-operated amusement machines. The tax |
| 377 | shall be calculated by dividing the gross receipts from such |
| 378 | charges for the applicable reporting period by a divisor, |
| 379 | determined as provided in this subparagraph, to compute gross |
| 380 | taxable sales, and then subtracting gross taxable sales from |
| 381 | gross receipts to arrive at the amount of tax due except for |
| 382 | those coin-operated amusement machines as described in s. |
| 383 | 849.161 located at any facility owned, operated, or leased by a |
| 384 | division, post, or chapter of a veterans' service organization |
| 385 | granted a federal charter under Title 36 of the United States |
| 386 | Code that would be subject to a tax rate of 4 percent of the |
| 387 | charges for the use of coin-operated amusement machines. For |
| 388 | counties that do not impose a discretionary sales surtax, the |
| 389 | divisor is equal to 1.06 1.04; for counties that impose a 0.5 |
| 390 | percent discretionary sales surtax, the divisor is equal to 1.65 |
| 391 | 1.045; for counties that impose a 1 percent discretionary sales |
| 392 | surtax, the divisor is equal to 1.070 1.050; and for counties |
| 393 | that impose a 2 percent sales surtax, the divisor is equal to |
| 394 | 1.080 1.060. If a county imposes a discretionary sales surtax |
| 395 | that is not listed in this subparagraph, the department shall |
| 396 | make the applicable divisor available in an electronic format or |
| 397 | otherwise. Additional divisors shall bear the same mathematical |
| 398 | relationship to the next higher and next lower divisors as the |
| 399 | new surtax rate bears to the next higher and next lower surtax |
| 400 | rates for which divisors have been established. When a machine |
| 401 | is activated by a slug, token, coupon, or any similar device |
| 402 | which has been purchased, the tax is on the price paid by the |
| 403 | user of the device for such device. |
| 404 | 2. As used in this paragraph, the term "operator" means |
| 405 | any person who possesses a coin-operated amusement machine for |
| 406 | the purpose of generating sales through that machine and who is |
| 407 | responsible for removing the receipts from the machine. |
| 408 | a. If the owner of the machine is also the operator of it, |
| 409 | he or she shall be liable for payment of the tax without any |
| 410 | deduction for rent or a license fee paid to a location owner for |
| 411 | the use of any real property on which the machine is located. |
| 412 | b. If the owner or lessee of the machine is also its |
| 413 | operator, he or she shall be liable for payment of the tax on |
| 414 | the purchase or lease of the machine, as well as the tax on |
| 415 | sales generated through the machine. |
| 416 | c. If the proprietor of the business where the machine is |
| 417 | located does not own the machine, he or she shall be deemed to |
| 418 | be the lessee and operator of the machine and is responsible for |
| 419 | the payment of the tax on sales, unless such responsibility is |
| 420 | otherwise provided for in a written agreement between him or her |
| 421 | and the machine owner. |
| 422 | 3.a. An operator of a coin-operated amusement machine may |
| 423 | not operate or cause to be operated in this state any such |
| 424 | machine until the operator has registered with the department |
| 425 | and has conspicuously displayed an identifying certificate |
| 426 | issued by the department. The identifying certificate shall be |
| 427 | issued by the department upon application from the operator. The |
| 428 | identifying certificate shall include a unique number, and the |
| 429 | certificate shall be permanently marked with the operator's |
| 430 | name, the operator's sales tax number, and the maximum number of |
| 431 | machines to be operated under the certificate. An identifying |
| 432 | certificate shall not be transferred from one operator to |
| 433 | another. The identifying certificate must be conspicuously |
| 434 | displayed on the premises where the coin-operated amusement |
| 435 | machines are being operated. |
| 436 | b. The operator of the machine must obtain an identifying |
| 437 | certificate before the machine is first operated in the state |
| 438 | and by July 1 of each year thereafter. The annual fee for each |
| 439 | certificate shall be based on the number of machines identified |
| 440 | on the application times $30 and is due and payable upon |
| 441 | application for the identifying device. The application shall |
| 442 | contain the operator's name, sales tax number, business address |
| 443 | where the machines are being operated, and the number of |
| 444 | machines in operation at that place of business by the operator. |
| 445 | No operator may operate more machines than are listed on the |
| 446 | certificate. A new certificate is required if more machines are |
| 447 | being operated at that location than are listed on the |
| 448 | certificate. The fee for the new certificate shall be based on |
| 449 | the number of additional machines identified on the application |
| 450 | form times $30. |
| 451 | c. A penalty of $250 per machine is imposed on the |
| 452 | operator for failing to properly obtain and display the required |
| 453 | identifying certificate. A penalty of $250 is imposed on the |
| 454 | lessee of any machine placed in a place of business without a |
| 455 | proper current identifying certificate. Such penalties shall |
| 456 | apply in addition to all other applicable taxes, interest, and |
| 457 | penalties. |
| 458 | d. Operators of coin-operated amusement machines must |
| 459 | obtain a separate sales and use tax certificate of registration |
| 460 | for each county in which such machines are located. One sales |
| 461 | and use tax certificate of registration is sufficient for all of |
| 462 | the operator's machines within a single county. |
| 463 | 4. The provisions of this paragraph do not apply to coin- |
| 464 | operated amusement machines owned and operated by churches or |
| 465 | synagogues. |
| 466 | 5. In addition to any other penalties imposed by this |
| 467 | chapter, a person who knowingly and willfully violates any |
| 468 | provision of this paragraph commits a misdemeanor of the second |
| 469 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 470 | 6. The department may adopt rules necessary to administer |
| 471 | the provisions of this paragraph. |
| 472 | (5) Notwithstanding any other provision of this chapter, |
| 473 | the maximum amount of tax imposed under this chapter and |
| 474 | collected on each sale or use of an aircraft or boat in this |
| 475 | state may not exceed $18,000. |
| 476 | Section 5. Section 212.0597, Florida Statutes, is created |
| 477 | to read: |
| 478 | 212.0597 Maximum tax on fractional aircraft ownership |
| 479 | interests.--The tax imposed under this chapter, including any |
| 480 | discretionary sales surtax under s. 212.055, is limited to $300 |
| 481 | on the sale or use in this state of a fractional ownership |
| 482 | interest in aircraft pursuant to a fractional aircraft ownership |
| 483 | program. This maximum tax applies to the total consideration |
| 484 | paid for the fractional ownership interest, including any |
| 485 | amounts paid by the fractional owner as monthly management or |
| 486 | maintenance fees. The maximum tax applies only if the fractional |
| 487 | ownership interest is sold by or to the operator of the |
| 488 | fractional aircraft ownership program or if the fractional |
| 489 | ownership interest is transferred upon the approval of the |
| 490 | operator of the fractional aircraft ownership program. |
| 491 | Section 6. Paragraph (q) is added to subsection (5) of |
| 492 | section 212.08, Florida Statutes, paragraphs (d), (w), (y), |
| 493 | (ee), and (ss) of subsection (7) are amended, and paragraphs |
| 494 | (ggg) and (hhh) are added to subsection (7) of that section, to |
| 495 | read: |
| 496 | 212.08 Sales, rental, use, consumption, distribution, and |
| 497 | storage tax; specified exemptions.--The sale at retail, the |
| 498 | rental, the use, the consumption, the distribution, and the |
| 499 | storage to be used or consumed in this state of the following |
| 500 | are hereby specifically exempt from the tax imposed by this |
| 501 | chapter. |
| 502 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
| 503 | (q) Industrial machinery and equipment used in |
| 504 | manufacturing.--For the period beginning July 1, 2009, and |
| 505 | ending June 30, 2011, industrial machinery and equipment |
| 506 | purchased for use in manufacturing facilities or plant units |
| 507 | which manufacture, process, compound, or produce for sale items |
| 508 | of tangible personal property at fixed locations in this state |
| 509 | are exempt from the tax imposed by this chapter when the |
| 510 | purchase price is in excess of $2,500. As used in paragraph, the |
| 511 | term "industrial machinery and equipment" means tangible |
| 512 | personal property that has a depreciable life of 3 years or more |
| 513 | and that is used as an integral part in the manufacturing, |
| 514 | processing, compounding, or production of tangible personal |
| 515 | property for sale. |
| 516 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
| 517 | entity by this chapter do not inure to any transaction that is |
| 518 | otherwise taxable under this chapter when payment is made by a |
| 519 | representative or employee of the entity by any means, |
| 520 | including, but not limited to, cash, check, or credit card, even |
| 521 | when that representative or employee is subsequently reimbursed |
| 522 | by the entity. In addition, exemptions provided to any entity by |
| 523 | this subsection do not inure to any transaction that is |
| 524 | otherwise taxable under this chapter unless the entity has |
| 525 | obtained a sales tax exemption certificate from the department |
| 526 | or the entity obtains or provides other documentation as |
| 527 | required by the department. Eligible purchases or leases made |
| 528 | with such a certificate must be in strict compliance with this |
| 529 | subsection and departmental rules, and any person who makes an |
| 530 | exempt purchase with a certificate that is not in strict |
| 531 | compliance with this subsection and the rules is liable for and |
| 532 | shall pay the tax. The department may adopt rules to administer |
| 533 | this subsection. |
| 534 | (d) Feeds.--Feeds for poultry, ostriches, and livestock, |
| 535 | including racehorses and dairy cows, are exempt. |
| 536 | (w) Certain newspaper, magazine, and newsletter |
| 537 | subscriptions, shoppers, and community newspapers.--Likewise |
| 538 | exempt are newspaper, magazine, and newsletter subscriptions in |
| 539 | which the product is delivered to the customer by mail. Also |
| 540 | exempt are free, circulated publications that are published on a |
| 541 | regular basis, the content of which is primarily advertising, |
| 542 | and that are distributed through the mail, home delivery, or |
| 543 | newsstands. The exemption for newspaper, magazine, and |
| 544 | newsletter subscriptions which is provided in this paragraph |
| 545 | applies only to subscriptions entered into after March 1, 1997. |
| 546 | (y) Charter fishing vessels.--The charge for chartering |
| 547 | any boat or vessel, licensed under s. 379.354(7) for no more |
| 548 | than six customers and with the crew furnished, solely for the |
| 549 | purpose of fishing is exempt from the tax imposed under s. |
| 550 | 212.04 or s. 212.05. This exemption does not apply to any charge |
| 551 | to enter or stay upon any "head-boat," party boat, or other boat |
| 552 | or vessel. Nothing in this paragraph shall be construed to |
| 553 | exempt any boat from sales or use tax upon the purchase thereof |
| 554 | except as provided in paragraph (t) and s. 212.05. |
| 555 | (ee) Aircraft repair and maintenance labor charges.--There |
| 556 | shall be exempt from the tax imposed by this chapter all labor |
| 557 | charges for the repair and maintenance of an qualified aircraft, |
| 558 | aircraft of more than 15,000 pounds maximum certified takeoff |
| 559 | weight, and rotary wing aircraft of more than 10,000 pounds |
| 560 | maximum certified takeoff weight. Except as otherwise provided |
| 561 | in this chapter, charges for parts and equipment furnished in |
| 562 | connection with such labor charges are taxable. |
| 563 | (ss) Aircraft sales or leases.--The sale or lease of a |
| 564 | qualified aircraft or an aircraft of more than 15,000 pounds |
| 565 | maximum certified takeoff weight for use by a common carrier is |
| 566 | exempt from the tax imposed by this chapter. As used in this |
| 567 | paragraph, "common carrier" means an airline operating under |
| 568 | Federal Aviation Administration regulations contained in Title |
| 569 | 14, chapter I, part 121 or part 129 of the Code of Federal |
| 570 | Regulations. |
| 571 | (ggg) Aircraft temporarily in the state.-- |
| 572 | 1. An aircraft owned by a person who is not a resident of |
| 573 | this state is exempt from the use tax imposed under this chapter |
| 574 | if the aircraft enters and remains in this state for less than a |
| 575 | total of 21 days during the 6-month period after the date of |
| 576 | purchase. The temporary use of the aircraft and subsequent |
| 577 | removal from this state may be proven by invoices for fuel or |
| 578 | tie-down or hangar charges issued by out-of-state vendors or |
| 579 | suppliers or similar documentation that clearly and specifically |
| 580 | identifies the aircraft. The exemption provided by this |
| 581 | subparagraph shall be in addition to the provisions of |
| 582 | subparagraph 2. and s. 212.05(1)(a). |
| 583 | 2. An aircraft owned by a person who is not a resident of |
| 584 | this state is exempt from the use tax imposed under this chapter |
| 585 | if the aircraft enters or remains in this state exclusively for |
| 586 | purposes of flight training, repairs, alterations, refitting, or |
| 587 | modification. Such flight training, repairs, alterations, |
| 588 | refitting, or modification shall be supported by written |
| 589 | documentation issued by in-state vendors or suppliers which |
| 590 | clearly and specifically identifies the aircraft. The exemption |
| 591 | provided by this subparagraph shall be in addition to the |
| 592 | provisions of subparagraph 1. and s. 212.05(1)(a). |
| 593 | (hhh) Fractional aircraft ownership programs.--Also exempt |
| 594 | from the tax imposed by this chapter is the sale or use of |
| 595 | aircraft primarily used in a fractional aircraft ownership |
| 596 | program. The exemption is not allowed unless the purchaser or |
| 597 | lessee furnishes the dealer with a certificate stating that the |
| 598 | lease or purchase to be exempted is for aircraft primarily used |
| 599 | in a fractional aircraft ownership program and that the |
| 600 | purchaser or lessee qualifies for the exemption. If a purchaser |
| 601 | or lessee makes tax-exempt purchases on a continual basis, the |
| 602 | purchaser or lessee may allow the dealer to keep the certificate |
| 603 | on file. The purchaser or lessee must inform the dealer that has |
| 604 | the certificate on file if the purchaser or lessee no longer |
| 605 | qualifies for the exemption. The department shall determine the |
| 606 | format of the certificate. |
| 607 | Section 7. Section 212.0801, Florida Statutes, is |
| 608 | repealed. |
| 609 | Section 8. Section 2 of chapter 2006-101, Laws of Florida, |
| 610 | is amended to read: |
| 611 | Section 2. Notwithstanding the provisions of section 3 of |
| 612 | chapter 2000-345, Laws of Florida, as amended by section 55 of |
| 613 | chapter 2002-218, Laws of Florida, subsection (10) of s. |
| 614 | 212.031, Florida Statutes, shall not stand repealed on July 1, |
| 615 | 2006, as scheduled by such laws, but that subsection is revived |
| 616 | and readopted. Subsection (10) of s. 212.031, Florida Statutes, |
| 617 | is repealed July 1, 2009. |
| 618 | Section 9. (1) A tax levied under the provisions of |
| 619 | chapter 212, Florida Statutes, may not be collected on the sale |
| 620 | of: |
| 621 | (a)1. Books, clothing, wallets, or bags, including |
| 622 | handbags, backpacks, fanny packs, and diaper bags, but excluding |
| 623 | briefcases, suitcases, and other garment bags, having a sales |
| 624 | price of $50 or less per item during the period from 12:01 a.m., |
| 625 | August 8, 2009, through midnight, August 10, 2009. |
| 626 | 2. As used in this paragraph, the term: |
| 627 | a. "Book" means a set of printed sheets bound together and |
| 628 | published in a volume. For purposes of this paragraph, the term |
| 629 | "book" does not include newspapers, magazines, or other |
| 630 | periodicals. |
| 631 | b. "Clothing" means any article of wearing apparel, |
| 632 | including all footwear, except skis, swim fins, roller blades, |
| 633 | and skates, intended to be worn on or about the human body. For |
| 634 | purposes of this paragraph, the term "clothing" does not include |
| 635 | watches, watchbands, jewelry, umbrellas, or handkerchiefs. |
| 636 | (b)1. School supplies having a sales price of $10 or less |
| 637 | per item during the period from 12:01 a.m., August 8, 2009, |
| 638 | through midnight, August 10, 2009. |
| 639 | 2. As used in this paragraph, the term "school supplies" |
| 640 | means pens, pencils, erasers, crayons, notebooks, notebook |
| 641 | filler paper, legal pads, composition books, poster paper, |
| 642 | scissors, cellophane tape, glue or paste, rulers, computer |
| 643 | disks, protractors, compasses, and calculators. |
| 644 | (2) This section does not apply to sales within a theme |
| 645 | park or entertainment complex as defined in s. 509.013(9), |
| 646 | Florida Statutes, within a public lodging establishment as |
| 647 | defined in s. 509.013(4), Florida Statutes, or within an airport |
| 648 | as defined in s. 330.27(2), Florida Statutes. |
| 649 | (3) The Department of Revenue may adopt emergency rules to |
| 650 | administer this section. |
| 651 | Section 10. (1) Effective upon this act becoming a law |
| 652 | and effective June 5, 2009, through June 7, 2009, the tax levied |
| 653 | under chapter 212, Florida Statutes, may not be collected on the |
| 654 | sale of: |
| 655 | (a) Any portable self-powered light source selling for $20 |
| 656 | or less. |
| 657 | (b) Any portable self-powered radio, two-way radio, or |
| 658 | weatherband radio selling for $75 or less. |
| 659 | (c) Any tarpaulin or other flexible waterproof sheeting |
| 660 | selling for $50 or less. |
| 661 | (d) Any item normally sold as, or generally advertised as, |
| 662 | a ground anchor system or tie-down kit selling for $50 or less. |
| 663 | (e) Any gas or diesel fuel tank selling for $25 or less. |
| 664 | (f) Any package of AAA-cell, AA-cell, C-cell, D-cell, 6- |
| 665 | volt, or 9-volt batteries, excluding automobile and boat |
| 666 | batteries, selling for $30 or less. |
| 667 | (g) Any cell phone battery selling for $60 or less or any |
| 668 | cell phone charger selling for $40 or less. |
| 669 | (h) Any nonelectric food storage cooler selling for $30 or |
| 670 | less. |
| 671 | (i) Any portable generator used to provide light or |
| 672 | communications or preserve food in the event of a power outage |
| 673 | selling for $1,000 or less. |
| 674 | (j) Any storm shutter device selling for $200 or less. As |
| 675 | used in this paragraph, the term "storm shutter device" means |
| 676 | materials and products manufactured, rated, and marketed |
| 677 | specifically for the purpose of preventing window damage from |
| 678 | storms. |
| 679 | (k) Any carbon monoxide detector selling for $75 or less. |
| 680 | (l) Any reusable ice selling for $10 or less. |
| 681 | (m) Any single product consisting of two or more of the |
| 682 | items listed in paragraphs (a)-(l) selling for $75 or less. |
| 683 | (2) This section does not apply to sales within a public |
| 684 | lodging establishment as defined in s. 509.013(4), Florida |
| 685 | Statutes, within a theme park or entertainment complex as |
| 686 | defined in s. 509.013(9), Florida Statutes, or within an airport |
| 687 | as defined in s. 330.27(2), Florida Statutes. |
| 688 | (3) The Department of Revenue may adopt rules pursuant to |
| 689 | ss. 120.536(1) and 120.54, Florida Statutes, to administer this |
| 690 | section. |
| 691 | Section 11. For the 2008-2009 fiscal year, the sum of |
| 692 | $246,157 is appropriated from the General Revenue Fund to the |
| 693 | Department of Revenue for purposes of administering section 9 of |
| 694 | this act. |
| 695 | Section 12. For the 2008-2009 fiscal year, the sum of |
| 696 | $308,810 is appropriated from the General Revenue Fund to the |
| 697 | Department of Revenue for purposes of administering section 10 |
| 698 | of this act. |
| 699 | Section 13. Except as otherwise provided, this act shall |
| 700 | take effect July 1, 2009. |