Senate Bill 0434c1

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



    Florida Senate - 1998                            CS for SB 434

    By the Committee on Ways and Means and Senators Dyer, Thomas,
    Horne, Burt, Ostalkiewicz, Williams, Holzendorf, Dudley,
    Childers, Rossin, Kirkpatrick, Klein, Casas, Gutman, Meadows,
    Bronson, Grant, Lee and Crist


    301-1729A-98

  1                      A bill to be entitled

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

  3         other transactions; amending s. 212.051, F.S.;

  4         providing an exemption for certain facilities,

  5         devices, fixtures, equipment, machinery, and

  6         structures used for pollution prevention or

  7         control in manufacturing, processing,

  8         compounding, or producing for sale certain

  9         items of personal property; providing

10         requirements for qualification; providing an

11         exemption for certain machinery, equipment, or

12         materials purchased for the monitoring,

13         prevention, abatement, or control of pollution

14         or contaminants at privately owned and operated

15         solid waste management facilities; providing an

16         effective date.

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

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20         Section 1.  Section 212.051, Florida Statutes, is

21  amended to read:

22         212.051  Equipment or machinery for pollution control;

23  not subject to sales or use tax.--

24         (1)  Notwithstanding any provision to the contrary,

25  sales, use, or privilege taxes shall not be collected with

26  respect to any facility, device, fixture, equipment or

27  machinery used primarily for the control or abatement of

28  pollution or contaminants in manufacturing, processing,

29  compounding, or producing for sale items of tangible personal

30  property at a fixed location, or from manufacturing or

31  industrial plants or installations, and any structure,

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






    Florida Senate - 1998                            CS for SB 434
    301-1729A-98




  1  machinery, or equipment installed in the reconstruction or

  2  replacement of such facility, device, fixture, equipment or

  3  machinery. To qualify, such facility, device, fixture,

  4  equipment, or structure must be installed or constructed to

  5  meet a law implemented by or a condition of a permit issued by

  6  the Department of Environmental Protection; however, such

  7  exemption shall not be allowed unless the purchaser signs a

  8  certificate stating that the facility, device, fixture,

  9  equipment, or structure to be exempted is required to meet

10  such law or condition.

11         (2)  Equipment, machinery, or materials required to

12  meet any law implemented by, or any condition of a permit

13  issued by, the Department of Environmental Protection which

14  are purchased for the monitoring, prevention, abatement, or

15  control of pollution or contaminants at privately owned and

16  operated solid waste management facilities shall be exempt

17  from taxation as otherwise imposed by this chapter; however,

18  such exemption shall not be allowed unless the purchaser signs

19  a certificate stating that the equipment, machinery, or

20  materials to be exempted are required to meet such law or

21  condition.

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

23  year in which enacted.

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






    Florida Senate - 1998                            CS for SB 434
    301-1729A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 434

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  4  The committee substitute for SB 434 limits the tax exemption
    for solid waste management facilities to facilities that are
  5  privately owned and operated.

  6  The committee substitute requires purchasers of property that
    is exempt under the provisions of the bill to sign a
  7  certificate stating that the property is required to meet a
    law implemented by or a condition of a permit issued by the
  8  Department of Environmental Protection.

  9  The revenue impact of the committee substitute is less than
    that of the proposed committee substitute.
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