House Bill 0105e1

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                                           HB 105, First Engrossed



  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         requirements for new and expanding businesses

12         to qualify for such exemption and credit;

13         providing an effective date.

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

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

18  212.08, Florida Statutes, 1998 Supplement, 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         (b)  Machinery and equipment used to increase

27  productive output.--

28         1.  Industrial machinery and equipment purchased for

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

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

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


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                                           HB 105, First Engrossed



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

  2  chapter upon an affirmative showing by the taxpayer to the

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

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

  5  to the date the business first begins its productive

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

  7  within 12 months of that date.

  8         2.a.  Industrial machinery and equipment purchased for

  9  use in expanding manufacturing facilities or plant units which

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

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

12  items of tangible personal property at fixed locations in this

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

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

15  affirmative showing by the taxpayer to the satisfaction of the

16  department that such items are used to increase the productive

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

18         b.  Notwithstanding any other provision of this

19  section, industrial machinery and equipment purchased for use

20  in expanding printing manufacturing facilities or plant units

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

22  of tangible personal property at fixed locations in this state

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

24  an affirmative showing by the taxpayer to the satisfaction of

25  the department that such items are used to increase the

26  productive output of such an expanded business by not less

27  than 10 percent.

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

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

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

31  The application shall state that a new business exemption or


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                                           HB 105, First Engrossed



  1  expanded business exemption is being sought. Upon a tentative

  2  affirmative determination by the department pursuant to

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

  4  such permit.

  5         b.  The applicant shall be required to maintain all

  6  necessary books and records to support the exemption. Upon

  7  completion of purchases of qualified machinery and equipment

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

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

10  the department by certified or registered mail.

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

12  department, it is determined that the machinery and equipment

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

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

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

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

17  payable to the department by the business entity, together

18  with the appropriate interest and penalty, computed from the

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

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

21  apply for a temporary exemption permit or if the tentative

22  determination by the department required to obtain a temporary

23  exemption permit is negative, a qualifying business entity

24  shall receive the exemption provided in subparagraph 1. or

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

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

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

28  commencement of production has occurred.

29         4.  The department shall promulgate rules governing

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

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


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                                           HB 105, First Engrossed



  1  manner and form of refund applications and may establish

  2  guidelines as to the requisites for an affirmative showing of

  3  increased productive output, commencement of production, and

  4  qualification for exemption.

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

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

  7  electric utility companies, communications companies,

  8  phosphate or other solid minerals severance, mining, or

  9  processing operations, oil or gas exploration or production

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

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

12  subject to regulation by the Division of Hotels and

13  Restaurants of the Department of Business and Professional

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

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

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

17  tangible personal property. The exemptions provided in

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

19  purchased for use in phosphate or other solid minerals

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

21  prospective credit against taxes due under chapter 211 for

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

23         6.  For the purposes of the exemptions provided in

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

25  meanings:

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

27  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

28  Internal Revenue Code, provided "industrial machinery and

29  equipment" shall be construed by regulations adopted by the

30  Department of Revenue to mean tangible property used as an

31  integral part of the manufacturing, processing, compounding,


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                                           HB 105, First Engrossed



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

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

  3  personal property. Such term includes parts and accessories

  4  only to the extent that the exemption thereof is consistent

  5  with the provisions of this paragraph.

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

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

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

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

10  continuous months immediately following the completion of

11  installation of such machinery or equipment over the output

12  for the 12 continuous months immediately preceding such

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

14  period of time would more accurately reflect the increase in

15  productive output of machinery and equipment purchased to

16  facilitate an expansion, the increase in productive output may

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

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

19  Revenue and the expanding business prior to the commencement

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

21  period begin later than 2 years following the completion of

22  installation of the new machinery and equipment. The units

23  used to measure productive output shall be physically

24  comparable between the two periods, irrespective of sales.

25         7.  Notwithstanding any other provision in this

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

27  provided in this paragraph a taxpayer must register with the

28  WAGES Program Business Registry established by the local WAGES

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

30  registration establishes a commitment on the part of the

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                                           HB 105, First Engrossed



  1  taxpayer to hire WAGES program participants to the maximum

  2  extent possible consistent with the nature of their business.

  3         Section 2.  (1)  In order to qualify for the exemption

  4  and credit provided in s. 212.08(5)(b)5., Florida Statutes,

  5  for machinery and equipment purchased for use in phosphate or

  6  other solid minerals severance, mining, or processing

  7  operations, an expanding business must demonstrate the

  8  following:

  9         (a)  For a business that has 2,500 or fewer Florida

10  employees, the creation of new Florida jobs in an amount equal

11  to at least 5 percent of its Florida employees; or

12         (b)  For a business that has more than 2,500 Florida

13  employees, the creation of new Florida jobs in an amount equal

14  to at least 3 percent of its Florida employees.

15         (2)  In order to qualify for the exemption and credit

16  provided in s. 212.08(5)(b)5., Florida Statutes, for machinery

17  and equipment purchased for use in phosphate or other solid

18  minerals severance, mining, or processing operations, a new

19  business must demonstrate the creation of at least 100 new

20  Florida jobs.

21         (3)  For purposes of this section, "new Florida job"

22  means a new position created and filled within 24 months after

23  completion of construction of the new or expanded facility and

24  includes a transfer of a position from an existing Florida

25  operation so long as the transfer is the result of the closure

26  or reduction of the other Florida operation. For an expanding

27  business, the number of existing Florida employees shall be

28  determined as of the date on which the business commences

29  construction of the expansion. The Office of Tourism, Trade,

30  and Economic Development shall:

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                                           HB 105, First Engrossed



  1         (a)  For an expanding business, document the number of

  2  persons employed in Florida by such business as of the date of

  3  commencement of construction of the expansion and the number

  4  of new Florida jobs created by such business within 24 months

  5  following the completion of construction of the expansion;

  6         (b)  For a new business, document the number of new

  7  Florida jobs created by such business within 24 months of

  8  completion of construction of the new business; and

  9         (c)  Certify such to the Department of Revenue.

10         Section 3.  This act shall take effect July 1, 1999.

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