Florida Senate - 2020                                    SB 1642
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01546A-20                                          20201642__
    1                        A bill to be entitled                      
    2         An act relating to tax exemptions; amending s. 212.08,
    3         F.S.; providing a sales tax exemption for certain
    4         aircraft equipment used as part of certain
    5         governmental contracts; providing a use tax exemption
    6         for certain aircraft owned by nonresidents and used in
    7         service of certain governmental contracts; providing
    8         construction; providing a sales tax exemption for
    9         parts and accessories necessary for the continued
   10         operation of certain industrial machinery or
   11         equipment; providing effective dates.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (fff) of subsection (7) of section
   16  212.08, Florida Statutes, is amended, and paragraph (u) is added
   17  to subsection (5) of that section, to read:
   18         212.08 Sales, rental, use, consumption, distribution, and
   19  storage tax; specified exemptions.—The sale at retail, the
   20  rental, the use, the consumption, the distribution, and the
   21  storage to be used or consumed in this state of the following
   22  are hereby specifically exempt from the tax imposed by this
   23  chapter.
   24         (5) EXEMPTIONS; ACCOUNT OF USE.—
   25         (u)Aircraft equipment used in governmental contracts.
   26  Equipment, including electric and hydraulic ground power units,
   27  jet starter units, oxygen servicing and test equipment, engine
   28  trim boxes, and communications and avionics test sets, which is
   29  used to service, test, operate, upgrade, or configure aircraft
   30  for advanced training purposes as part of any contract with the
   31  United States Department of Defense or with a military branch of
   32  a recognized foreign government is exempt from the tax imposed
   33  by this chapter.
   34         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   35  entity by this chapter do not inure to any transaction that is
   36  otherwise taxable under this chapter when payment is made by a
   37  representative or employee of the entity by any means,
   38  including, but not limited to, cash, check, or credit card, even
   39  when that representative or employee is subsequently reimbursed
   40  by the entity. In addition, exemptions provided to any entity by
   41  this subsection do not inure to any transaction that is
   42  otherwise taxable under this chapter unless the entity has
   43  obtained a sales tax exemption certificate from the department
   44  or the entity obtains or provides other documentation as
   45  required by the department. Eligible purchases or leases made
   46  with such a certificate must be in strict compliance with this
   47  subsection and departmental rules, and any person who makes an
   48  exempt purchase with a certificate that is not in strict
   49  compliance with this subsection and the rules is liable for and
   50  shall pay the tax. The department may adopt rules to administer
   51  this subsection.
   52         (fff) Aircraft temporarily in the state.—
   53         1. An aircraft owned by a nonresident is exempt from the
   54  use tax imposed under this chapter if the aircraft enters and
   55  remains in this state for less than a total of 21 days during
   56  the 6-month period after the date of purchase. The temporary use
   57  of the aircraft and subsequent removal from this state may be
   58  proven by invoices for fuel, tie-down, or hangar charges issued
   59  by out-of-state vendors or suppliers or similar documentation
   60  that clearly and specifically identifies the aircraft. The
   61  exemption provided in this subparagraph is in addition to the
   62  exemptions provided in subparagraphs 2. and 3. subparagraph 2.
   63  and s. 212.05(1)(a).
   64         2. An aircraft owned by a nonresident is exempt from the
   65  use tax imposed under this chapter if the aircraft enters or
   66  remains in this state exclusively for purposes of flight
   67  training, repairs, alterations, refitting, or modification. Such
   68  purposes shall be supported by written documentation issued by
   69  in-state vendors or suppliers which clearly and specifically
   70  identifies the aircraft. The exemption provided in this
   71  subparagraph is in addition to the exemptions provided in
   72  subparagraph 1. and s. 212.05(1)(a).
   73         3.An aircraft owned by a nonresident is exempt from the
   74  use tax imposed under this chapter if the aircraft enters or
   75  remains in this state exclusively to be used in service of a
   76  contract with the United States Department of Defense or with a
   77  military branch of a recognized foreign government. The
   78  exemption provided in this subparagraph is in addition to the
   79  exemptions provided in subparagraph 1. and s. 212.05(1)(a).
   80         Section 2. Effective October 1, 2020, paragraph (jjj) of
   81  subsection (7) of section 212.08, Florida Statutes, is amended
   82  to read:
   83         212.08 Sales, rental, use, consumption, distribution, and
   84  storage tax; specified exemptions.—The sale at retail, the
   85  rental, the use, the consumption, the distribution, and the
   86  storage to be used or consumed in this state of the following
   87  are hereby specifically exempt from the tax imposed by this
   88  chapter.
   89         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   90  entity by this chapter do not inure to any transaction that is
   91  otherwise taxable under this chapter when payment is made by a
   92  representative or employee of the entity by any means,
   93  including, but not limited to, cash, check, or credit card, even
   94  when that representative or employee is subsequently reimbursed
   95  by the entity. In addition, exemptions provided to any entity by
   96  this subsection do not inure to any transaction that is
   97  otherwise taxable under this chapter unless the entity has
   98  obtained a sales tax exemption certificate from the department
   99  or the entity obtains or provides other documentation as
  100  required by the department. Eligible purchases or leases made
  101  with such a certificate must be in strict compliance with this
  102  subsection and departmental rules, and any person who makes an
  103  exempt purchase with a certificate that is not in strict
  104  compliance with this subsection and the rules is liable for and
  105  shall pay the tax. The department may adopt rules to administer
  106  this subsection.
  107         (jjj) Certain machinery and equipment.—
  108         1. Industrial machinery and equipment purchased by eligible
  109  manufacturing businesses which is used at a fixed location in
  110  this state for the manufacture, processing, compounding, or
  111  production of items of tangible personal property for sale is
  112  exempt from the tax imposed by this chapter. If, at the time of
  113  purchase, the purchaser furnishes the seller with a signed
  114  certificate certifying the purchaser’s entitlement to exemption
  115  pursuant to this paragraph, the seller is not required to
  116  collect the tax on the sale of such items, and the department
  117  shall look solely to the purchaser for recovery of the tax if it
  118  determines that the purchaser was not entitled to the exemption.
  119         2. For purposes of this paragraph, the term:
  120         a. “Eligible manufacturing business” means any business
  121  whose primary business activity at the location where the
  122  industrial machinery and equipment is located is within the
  123  industries classified under NAICS codes 31, 32, 33, 112511, and
  124  423930.
  125         b. “Eligible postharvest activity business” means a
  126  business whose primary business activity, at the location where
  127  the postharvest machinery and equipment is located, is within
  128  the industries classified under NAICS code 115114.
  129         c. “NAICS” means those classifications contained in the
  130  North American Industry Classification System, as published in
  131  2007 by the Office of Management and Budget, Executive Office of
  132  the President.
  133         d. “Primary business activity” means an activity
  134  representing more than 50 percent of the activities conducted at
  135  the location where the industrial machinery and equipment or
  136  postharvest machinery and equipment is located.
  137         e. “Industrial machinery and equipment” means tangible
  138  personal property or other property that has a depreciable life
  139  of 3 years or more and that is used as an integral part in the
  140  manufacturing, processing, compounding, or production of
  141  tangible personal property for sale. The term includes tangible
  142  personal property or other property that has a depreciable life
  143  of 3 years or more which is used as an integral part in the
  144  recycling of metals for sale. A building and its structural
  145  components are not industrial machinery and equipment unless the
  146  building or structural component is so closely related to the
  147  industrial machinery and equipment that it houses or supports
  148  that the building or structural component can be expected to be
  149  replaced when the machinery and equipment are replaced. Heating
  150  and air conditioning systems are not industrial machinery and
  151  equipment unless the sole justification for their installation
  152  is to meet the requirements of the production process, even
  153  though the system may provide incidental comfort to employees or
  154  serve, to an insubstantial degree, nonproduction activities. The
  155  term includes parts and accessories for industrial machinery and
  156  equipment only to the extent that the parts and accessories are
  157  necessary for the continued operation of the industrial
  158  machinery or equipment or were purchased before the date the
  159  machinery and equipment were are placed in service.
  160         f. “Postharvest activities” means services performed on
  161  crops, after their harvest, with the intent of preparing them
  162  for market or further processing. Postharvest activities
  163  include, but are not limited to, crop cleaning, sun drying,
  164  shelling, fumigating, curing, sorting, grading, packing, and
  165  cooling.
  166         g. “Postharvest machinery and equipment” means tangible
  167  personal property or other property with a depreciable life of 3
  168  years or more which is used primarily for postharvest
  169  activities. A building and its structural components are not
  170  postharvest industrial machinery and equipment unless the
  171  building or structural component is so closely related to the
  172  postharvest machinery and equipment that it houses or supports
  173  that the building or structural component can be expected to be
  174  replaced when the postharvest machinery and equipment is
  175  replaced. Heating and air conditioning systems are not
  176  postharvest machinery and equipment unless the sole
  177  justification for their installation is to meet the requirements
  178  of the postharvest activities process, even though the system
  179  may provide incidental comfort to employees or serve, to an
  180  insubstantial degree, nonpostharvest activities.
  181         3. Postharvest machinery and equipment purchased by an
  182  eligible postharvest activity business which is used at a fixed
  183  location in this state is exempt from the tax imposed by this
  184  chapter. All labor charges for the repair of, and parts and
  185  materials used in the repair of and incorporated into, such
  186  postharvest machinery and equipment are also exempt. If, at the
  187  time of purchase, the purchaser furnishes the seller with a
  188  signed certificate certifying the purchaser’s entitlement to
  189  exemption pursuant to this subparagraph, the seller is not
  190  required to collect the tax on the sale of such items, and the
  191  department shall look solely to the purchaser for recovery of
  192  the tax if it determines that the purchaser was not entitled to
  193  the exemption.
  194         Section 3. Except as otherwise expressly provided in this
  195  act, this act shall take effect July 1, 2020.