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





                                                  SENATE AMENDMENT

    Bill No. HB 3273

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Meadows moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 2, between lines 10 and 11,

15

16  insert:

17         Section 2.  Paragraph (f) of subsection (5) of section

18  212.08, Florida Statutes, is amended to read:

19         212.08  Sales, rental, use, consumption, distribution,

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

21  the rental, the use, the consumption, the distribution, and

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

23  following are hereby specifically exempt from the tax imposed

24  by this chapter.

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

26         (f)  Certain property Motion picture or video equipment

27  used in motion picture or television production activities or

28  broadcasting and sound recording equipment used in the

29  production of master tapes and master records.--

30         1.  Motion picture or video equipment and sound

31  recording equipment purchased or leased for use in this state

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                                                  SENATE AMENDMENT

    Bill No. HB 3273

    Amendment No.    





 1  in production activities is exempt from the tax imposed by

 2  this chapter upon an affirmative showing by the purchaser or

 3  lessee to the satisfaction of the department that the

 4  equipment will be used for production activities.  There shall

 5  be exempt from the tax imposed by this chapter all personal or

 6  real property purchased or lease for use in the operation of

 7  any television broadcasting station that;

 8         a.  Has been acquired following the conclusion of

 9  bankruptcy proceedings by a previous owner;

10         b.  Submits an affidavit from its general manager

11  stating that the broadcasting station employees more than 50

12  employees and that at least 90 percent of the employees of the

13  bankrupt station were offered jobs following its acquisition;

14         c.  Has received more than $5 million in capital

15  improvements following it acquisition;

16         d.  Is located within the boundaries of a metropolitan

17  statistical area and shared common ownership or management

18  with another broadcasting station that has been acquired

19  following bankruptcy which is located in a different

20  metropolitan statistical area;

21         e.  Has spent more than $3 million since 1995 for

22  equipment used in the digital storage of programming; and

23         f.  In the year following receipt of a tax refund under

24  this section, broadcasts at no cost to the state

25  youth-oriented anti-tobacco public service announcements of an

26  equal or greater value than the tax refund received by the

27  broadcasting station in the previous year. If the the

28  broadcasting station that has received a refund fails to

29  broadcast a sufficient number of public service announcements.

30  the taxpayer must return the refund to the state together with

31  interest and penalties. 

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                                                  SENATE AMENDMENT

    Bill No. HB 3273

    Amendment No.    





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 2  The exemption provided by this paragraph shall inure to the

 3  taxpayer only through a refund of previously paid taxes. The

 4  maximum refund allowed in any year may not exceed  $350,000

 5  for any broadcasting station or group of broadcasting stations

 6  that share common ownership or management, and no taxpayer may

 7  receive a refund for more than 5 years.  Notwithstanding the

 8  provisions of s. 212.095, such refund shall be made within 30

 9  days of formal application, which application may be made

10  after the completion of of each quarter production activities

11  or on a quarterly basis. Notwithstanding the provisions of

12  chapter 213, the department shall provide the Department of

13  Commerce with a copy of each refund application and the amount

14  of such refund, if any.

15         2.  For the purpose of the exemption provided in

16  subparagraph 1.:

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

18  recording equipment" includes only equipment meeting the

19  definition of "section 38 property" as defined in s.

20  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is

21  used by the lessee or purchaser exclusively as an integral

22  part of production activities; however, motion picture or

23  video equipment and sound recording equipment does not include

24  supplies, tape, records, film, or video tape used in

25  productions or other similar items; vehicles or vessels; or

26  general office equipment not specifically suited to production

27  activities.  In addition, the term does not include equipment

28  purchased or leased by television or radio broadcasting or

29  cable companies licensed by the Federal Communications

30  Commission.

31         b.  "Production activities" means activities directed

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                                                  SENATE AMENDMENT

    Bill No. HB 3273

    Amendment No.    





 1  toward the preparation of a:

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

 3         (II)  Motion picture or television production which is

 4  produced for theatrical, commercial, advertising, or

 5  educational purposes and utilizes live or animated actions or

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

 7  or television production shall be commercially produced for

 8  sale or for showing on screens or broadcasting on television

 9  and may be on film or video tape.

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11  (Redesignate subsequent sections.)

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13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 1, line 2 and 3, delete those lines

17

18  and insert:

19         An act relating to taxation; amending s.

20         212.08, F.S.; providing tax exemptions relating

21         to property used in motion picture or

22         television production activities or

23         broadcasting and sound recording activities;

24         amending ss. 320.08056 and 320.08058, F.S.;

25         creating a

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