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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1564

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Kirkpatrick moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 5, line 13, through page 7, line 25, delete

15  those lines

16

17  and insert:

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

19  212.08, Florida Statutes, 1998 Supplement, is amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

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

22  the rental, the use, the consumption, the distribution, and

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

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

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

27         (f)  Motion picture or video equipment used in motion

28  picture or television production activities and sound

29  recording equipment used in the production of master tapes and

30  master records; certain machinery or equipment purchased or

31  leased to produce, originate, or broadcast digital television

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1564

    Amendment No.    





 1  signals; and property purchased or leased to operate certain

 2  television broadcasting stations.--

 3         1.  Motion picture or video equipment and sound

 4  recording equipment purchased or leased for use in this state

 5  in production activities is exempt from the tax imposed by

 6  this chapter upon an affirmative showing by the purchaser or

 7  lessee to the satisfaction of the department that the

 8  equipment will be used for production activities.

 9         2.  There is exempt from the tax imposed by this

10  chapter all machinery or equipment purchased or leased in this

11  state for use by a television studio, television network,

12  television production company, or federally licensed

13  television station in the production, origination, or

14  broadcast of digital television signals.

15         3.  There is exempt from the tax imposed by this

16  chapter all personal or real property purchased or leased for

17  use in the operation of any television broadcasting station

18  that meets all of the following requirements:

19         a.  It has been acquired following the conclusion of

20  bankruptcy proceedings by a previously unrelated owner.  The

21  station general manager of the acquiring station must submit

22  an affidavit to the department stating that the acquiring

23  station had no ownership interest, or other business

24  relationship, with the previous owner that went through

25  bankruptcy proceedings.

26         b.  It submits an affidavit to the department from its

27  general manager stating that the television broadcasting

28  station or stations under common ownership have established

29  and maintained more than 75 full-time jobs since acquisition.

30         c.  The acquiring owner has invested more than $5

31  million in capital improvements since the acquisition of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1564

    Amendment No.    





 1  television broadcasting station or stations.

 2         d.  It is located within the boundaries of a

 3  metropolitan statistical area as defined in s. 334.03(17) and

 4  shares common ownership or management with another television

 5  broadcasting station that has been acquired following

 6  bankruptcy that is located in a different metropolitan

 7  statistical area.

 8         e.  In the calendar year following receipt of a tax

 9  refund pursuant to this section, it broadcasts at no cost to

10  the state youth-oriented anti-tobacco public service

11  announcements and programming of a value equal to or greater

12  than the tax refund received by the television broadcasting

13  station in the previous year.  If a television broadcasting

14  station that has received a refund fails to broadcast

15  sufficient public service announcements and programming, the

16  taxpayer must return the refund to the state together with

17  interest and penalties; however, if the refund is returned

18  within 30 days after the expiration of such 1-year period,

19  interest and penalties do not apply.

20         4.  The exemptions exemption provided by this paragraph

21  shall inure to the taxpayer only through a refund of

22  previously paid taxes. With respect to the refund authorized

23  under subparagraph 3., the maximum refund allowed in any year

24  shall not exceed $350,000 for any television broadcasting

25  station or group of television broadcasting stations that

26  share common ownership or management, and no taxpayer may

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

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

29  days of formal application, which application may be made

30  after the completion of production activities or on a

31  quarterly basis with respect to the refund authorized under

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1564

    Amendment No.    





 1  subparagraph 1., and on a quarterly basis with respect to the

 2  refund authorized under subparagraphs 2. and 3.

 3  Notwithstanding the provisions of chapter 213, the department

 4  shall provide the Office of Tourism, Trade, and Economic

 5  Development Department of Commerce with a copy of each refund

 6  application and the amount of such refund, if any.

 7         5.2.  For the purpose of the exemption provided in

 8  subparagraph 1.:

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

10  recording equipment" includes only equipment meeting the

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

12  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is

13  used by the lessee or purchaser exclusively as an integral

14  part of production activities; however, motion picture or

15  video equipment and sound recording equipment does not include

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

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

18  general office equipment not specifically suited to production

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

20  purchased or leased by television or radio broadcasting or

21  cable companies licensed by the Federal Communications

22  Commission.

23         b.  "Production activities" means activities directed

24  toward the preparation of a:

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

26         (II)  Motion picture or television production which is

27  produced for theatrical, commercial, advertising, or

28  educational purposes and utilizes live or animated actions or

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

30  or television production shall be commercially produced for

31  sale or for showing on screens or broadcasting on television

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1564

    Amendment No.    





 1  and may be on film or video tape.

 2         6.  For the purpose of the exemption provided in

 3  subparagraph 2., the term "machinery or equipment" means

 4  machinery or equipment as described in 47 C.F.R., part 73, or

 5  "section 38 property" as defined in s. 48(a)(1)(A) and (B)(i)

 6  of the Internal Revenue Code, purchased or leased in this

 7  state for use by a television studio, television network,

 8  television production company, or federally licensed

 9  television station in the production, origination, or

10  broadcast of digital television signals.

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

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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, lines 11-15, delete those lines

17

18  and insert:

19         certain machinery or equipment purchased or

20         leased for use in the production, origination,

21         or broadcast of digital television signals;

22         defining the term "machinery or equipment" for

23         purposes of such exemption; providing an

24         exemption from the tax on sales, use, and other

25         transactions for personal or real property

26         purchased or leased for use in the operation of

27         a television broadcasting station that meets

28         specified criteria; requiring return of tax

29         refunds plus interest and penalties if certain

30         criteria are not met; providing limitations;

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