House Bill 0105

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    Florida House of Representatives - 1999                 HB 105

        By Representative Putnam






  1                      A bill to be entitled

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

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

  4         providing that the exemptions for machinery and

  5         equipment used to increase productive output

  6         shall apply to machinery and equipment used in

  7         phosphate or other solid mineral severance,

  8         mining, or processing as a credit against taxes

  9         due under ch. 211, F.S., relating to tax on the

10         severance and production of minerals; providing

11         an effective date.

12

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

14

15         Section 1.  Paragraph (b) of subsection (5) of section

16  212.08, Florida Statutes, 1998 Supplement, is amended to read:

17         212.08  Sales, rental, use, consumption, distribution,

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

19  the rental, the use, the consumption, the distribution, and

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

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

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

24         (b)  Machinery and equipment used to increase

25  productive output.--

26         1.  Industrial machinery and equipment purchased for

27  use in new businesses which manufacture, process, compound, or

28  produce for sale, or for exclusive use in spaceport activities

29  as defined in s. 212.02, items of tangible personal property

30  at fixed locations are exempt from the tax imposed by this

31  chapter upon an affirmative showing by the taxpayer to the

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    Florida House of Representatives - 1999                 HB 105

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  1  satisfaction of the department that such items are used in a

  2  new business in this state. Such purchases must be made prior

  3  to the date the business first begins its productive

  4  operations, and delivery of the purchased item must be made

  5  within 12 months of that date.

  6         2.a.  Industrial machinery and equipment purchased for

  7  use in expanding manufacturing facilities or plant units which

  8  manufacture, process, compound, or produce for sale, or for

  9  exclusive use in spaceport activities as defined in s. 212.02,

10  items of tangible personal property at fixed locations in this

11  state are exempt from any amount of tax imposed by this

12  chapter in excess of $50,000 per calendar year upon an

13  affirmative showing by the taxpayer to the satisfaction of the

14  department that such items are used to increase the productive

15  output of such expanded business by not less than 10 percent.

16         b.  Notwithstanding any other provision of this

17  section, industrial machinery and equipment purchased for use

18  in expanding printing manufacturing facilities or plant units

19  that manufacture, process, compound, or produce for sale items

20  of tangible personal property at fixed locations in this state

21  are exempt from any amount of tax imposed by this chapter upon

22  an affirmative showing by the taxpayer to the satisfaction of

23  the department that such items are used to increase the

24  productive output of such an expanded business by not less

25  than 10 percent.

26         3.a.  To receive an exemption provided by subparagraph

27  1. or subparagraph 2., a qualifying business entity shall

28  apply to the department for a temporary tax exemption permit.

29  The application shall state that a new business exemption or

30  expanded business exemption is being sought. Upon a tentative

31  affirmative determination by the department pursuant to

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    Florida House of Representatives - 1999                 HB 105

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  1  subparagraph 1. or subparagraph 2., the department shall issue

  2  such permit.

  3         b.  The applicant shall be required to maintain all

  4  necessary books and records to support the exemption. Upon

  5  completion of purchases of qualified machinery and equipment

  6  pursuant to subparagraph 1. or subparagraph 2., the temporary

  7  tax permit shall be delivered to the department or returned to

  8  the department by certified or registered mail.

  9         c.  If, in a subsequent audit conducted by the

10  department, it is determined that the machinery and equipment

11  purchased as exempt under subparagraph 1. or subparagraph 2.

12  did not meet the criteria mandated by this paragraph or if

13  commencement of production did not occur, the amount of taxes

14  exempted at the time of purchase shall immediately be due and

15  payable to the department by the business entity, together

16  with the appropriate interest and penalty, computed from the

17  date of purchase, in the manner prescribed by this chapter.

18         d.  In the event a qualifying business entity fails to

19  apply for a temporary exemption permit or if the tentative

20  determination by the department required to obtain a temporary

21  exemption permit is negative, a qualifying business entity

22  shall receive the exemption provided in subparagraph 1. or

23  subparagraph 2. through a refund of previously paid taxes. No

24  refund may be made for such taxes unless the criteria mandated

25  by subparagraph 1. or subparagraph 2. have been met and

26  commencement of production has occurred.

27         4.  The department shall promulgate rules governing

28  applications for, issuance of, and the form of temporary tax

29  exemption permits; provisions for recapture of taxes; and the

30  manner and form of refund applications and may establish

31  guidelines as to the requisites for an affirmative showing of

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    Florida House of Representatives - 1999                 HB 105

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  1  increased productive output, commencement of production, and

  2  qualification for exemption.

  3         5.  The exemptions provided in subparagraphs 1. and 2.

  4  do not apply to machinery or equipment purchased or used by

  5  electric utility companies, communications companies,

  6  phosphate or other solid minerals severance, mining, or

  7  processing operations, oil or gas exploration or production

  8  operations, publishing firms that do not export at least 50

  9  percent of their finished product out of the state, any firm

10  subject to regulation by the Division of Hotels and

11  Restaurants of the Department of Business and Professional

12  Regulation, or any firm which does not manufacture, process,

13  compound, or produce for sale, or for exclusive use in

14  spaceport activities as defined in s. 212.02, items of

15  tangible personal property. The exemptions provided in

16  subparagraphs 1. and 2. shall apply to machinery and equipment

17  purchased for use in phosphate or other solid minerals

18  severance, mining, or processing operations only by way of a

19  prospective credit against taxes due under chapter 211 for

20  taxes paid under this chapter on such machinery and equipment.

21         6.  For the purposes of the exemptions provided in

22  subparagraphs 1. and 2., these terms have the following

23  meanings:

24         a.  "Industrial machinery and equipment" means "section

25  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

26  Internal Revenue Code, provided "industrial machinery and

27  equipment" shall be construed by regulations adopted by the

28  Department of Revenue to mean tangible property used as an

29  integral part of the manufacturing, processing, compounding,

30  or producing for sale, or for exclusive use in spaceport

31  activities as defined in s. 212.02, of items of tangible

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    Florida House of Representatives - 1999                 HB 105

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  1  personal property. Such term includes parts and accessories

  2  only to the extent that the exemption thereof is consistent

  3  with the provisions of this paragraph.

  4         b.  "Productive output" means the number of units

  5  actually produced by a single plant or operation in a single

  6  continuous 12-month period, irrespective of sales. Increases

  7  in productive output shall be measured by the output for 12

  8  continuous months immediately following the completion of

  9  installation of such machinery or equipment over the output

10  for the 12 continuous months immediately preceding such

11  installation. However, if a different 12-month continuous

12  period of time would more accurately reflect the increase in

13  productive output of machinery and equipment purchased to

14  facilitate an expansion, the increase in productive output may

15  be measured during that 12-month continuous period of time if

16  such time period is mutually agreed upon by the Department of

17  Revenue and the expanding business prior to the commencement

18  of production; provided, however, in no case may such time

19  period begin later than 2 years following the completion of

20  installation of the new machinery and equipment. The units

21  used to measure productive output shall be physically

22  comparable between the two periods, irrespective of sales.

23         7.  Notwithstanding any other provision in this

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

25  provided in this paragraph a taxpayer must register with the

26  WAGES Program Business Registry established by the local WAGES

27  coalition for the area in which the taxpayer is located.  Such

28  registration establishes a commitment on the part of the

29  taxpayer to hire WAGES program participants to the maximum

30  extent possible consistent with the nature of their business.

31         Section 2.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 105

    584-131-99






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  2                          HOUSE SUMMARY

  3
      Provides that the sales tax exemptions for machinery and
  4    equipment used to increase productive output shall apply
      to machinery and equipment used in phosphate or other
  5    solid mineral severance, mining, or processing as a
      credit against taxes due under ch. 211, F.S., relating to
  6    tax on the severance and production of minerals.

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