House Bill 3249er

CODING: Words stricken are deletions; words underlined are additions.





    ENROLLED

    1998 Legislature                         CS/CS/HBs 3249 & 3305



  1

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.08, F.S.;

  4         revising the activities that constitute a

  5         manufacturing function for purposes of the

  6         sales tax exemption on certain uses of

  7         electricity; exempting the sale of steam energy

  8         used in manufacturing; providing a threshold

  9         for electricity use; providing a presumption

10         with respect to the proportion of nonexempt use

11         for electricity use that falls below the

12         threshold; deleting a requirement that the

13         electricity be separately metered; revising the

14         applicability of the exemption; providing an

15         effective date.

16

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

18

19         Section 1.  Paragraph (ii) of subsection (7) of section

20  212.08, Florida Statutes, is amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

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

23  the rental, the use, the consumption, the distribution, and

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

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

27         (7)  MISCELLANEOUS EXEMPTIONS.--

28         (ii)  Certain electricity or steam uses.--

29         1.  Charges for electricity or steam used to operate

30  machinery and equipment directly and exclusively at a fixed

31  location in this state when such to operate machinery and


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                         CS/CS/HBs 3249 & 3305



  1  equipment that is used to manufacture, process, compound, or

  2  produce, or prepare for shipment items of tangible personal

  3  property for sale, or to operate pollution control equipment,

  4  recycling equipment, maintenance equipment, or monitoring or

  5  control equipment used in such operations are exempt to the

  6  extent provided in this paragraph from the tax imposed by this

  7  chapter as provided in subparagraph 2. In order to qualify for

  8  this exemption, 75 percent or more of the electricity used at

  9  the fixed location must be used to operate qualifying

10  machinery or equipment. If less than 75 percent but 50 percent

11  or more of the electricity is used at a fixed location to

12  operate qualifying machinery or equipment, then it is presumed

13  that 50 percent of the charge for electricity is for nonexempt

14  purposes. The exemption provided for herein is applicable if

15  the electricity that is used for the exempt purposes is

16  separately metered, or if it is not separately metered, it is

17  irrevocably presumed that 50 percent of the charge for

18  electricity is for nonexempt purposes.

19         2.  This exemption only applies only to industries

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

21  14, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33,

22  34, 35, 36, 37, 38, and 39. As used in this paragraph, "SIC"

23  means those classifications contained in the Standard

24  Industrial Classification Manual, 1987, as published by the

25  Office of Management and Budget, Executive Office of the

26  President.

27         3.  Possession by a seller of a written certification

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

29  exemption permitted by this subsection, relieves the seller

30  from the responsibility of collecting the tax on the

31  nontaxable amounts, and the department shall look solely to


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                         CS/CS/HBs 3249 & 3305



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

  2  the purchaser was not entitled to the exemption.

  3         4.  Such exemption shall be applied as follows:

  4         a. 1.  Beginning July 1, 1996, 20 percent of the

  5  charges for such electricity shall be exempt.

  6         b. 2.  Beginning July 1, 1997, 40 percent of the

  7  charges for such electricity shall be exempt.

  8         c. 3.  Beginning July 1, 1998, 60 percent of the

  9  charges for such electricity or steam shall be exempt.

10         d. 4.  Beginning July 1, 1999, 80 percent of the

11  charges for such electricity or steam shall be exempt.

12         e. 5.  Beginning July 1, 2000, 100 percent of the

13  charges for such electricity or steam shall be exempt.

14         5.  Notwithstanding any other provision in this

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

16  provided in this paragraph a taxpayer must first register with

17  the WAGES Program Business Registry established by the local

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

19  Such registration establishes a commitment on the part of the

20  taxpayer to hire WAGES program participants to the maximum

21  extent possible consistent with the nature of their business.

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

23  provided in this paragraph from the tax on charges for

24  electricity or steam has an effect on retaining or attracting

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

26  and Governmental Accountability shall periodically monitor and

27  report on the industries receiving the exemption.

28         b.  The first report shall be submitted no later than

29  January 1, 1997, and must be conducted in such a manner as to

30  specifically determine the number of companies within each SIC

31  Industry Major Group receiving the exemption as of September


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                         CS/CS/HBs 3249 & 3305



  1  1, 1996, and the number of individuals employed by companies

  2  within each SIC Industry Major Group receiving the exemption

  3  as of September 1, 1996.

  4         c.  The second report shall be submitted no later than

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

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

  7  determine the number of companies within each SIC Industry

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

  9  the number of individuals employed by companies within each

10  SIC Industry Major Group receiving the exemption as of

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

12  of companies or employees is attributable to the exemption

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

14  policy to continue or discontinue the exemption, and the

15  consequences of doing so.

16         d.  Both reports shall be submitted to the President of

17  the Senate, the Speaker of the House of Representatives, the

18  Senate Minority Leader, and the House Minority Leader.

19         Section 2.  This act shall take effect July 1 of the

20  year in which enacted.

21

22

23

24

25

26

27

28

29

30

31


                                  4