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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 317

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

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 9

10                                                                

11  The Committee on Finance & Taxation offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 12

15  remove from the bill:  everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Paragraph (a) of subsection (1) of section

19  212.031, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         212.031  Lease or rental of or license in real

22  property.--

23         (1)(a)  It is declared to be the legislative intent

24  that every person is exercising a taxable privilege who

25  engages in the business of renting, leasing, letting, or

26  granting a license for the use of any real property unless

27  such property is:

28         1.  Assessed as agricultural property under s. 193.461.

29         2.  Used exclusively as dwelling units.

30         3.  Property subject to tax on parking, docking, or

31  storage spaces under s. 212.03(6).

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 317

    Amendment No. 001 (for drafter's use only)





 1         4.  Recreational property or the common elements of a

 2  condominium when subject to a lease between the developer or

 3  owner thereof and the condominium association in its own right

 4  or as agent for the owners of individual condominium units or

 5  the owners of individual condominium units. However, only the

 6  lease payments on such property shall be exempt from the tax

 7  imposed by this chapter, and any other use made by the owner

 8  or the condominium association shall be fully taxable under

 9  this chapter.

10         5.  A public or private street or right-of-way, and

11  poles, conduits, fixtures, and similar improvements located on

12  such streets or rights-of-way, occupied or used by a utility

13  or franchised cable television company for utility or other

14  communications or television purposes.  For purposes of this

15  subparagraph, the term utility means any person providing

16  utility services as defined in s. 203.012.

17         6.  A public street or road which is used for

18  transportation purposes.

19         7.  Property used at an airport exclusively for the

20  purpose of aircraft landing or aircraft taxiing or property

21  used by an airline for the purpose of loading or unloading

22  passengers or property onto or from aircraft or for fueling

23  aircraft.

24         8.a.  Property used at a port authority, as defined in

25  s. 315.02(2), exclusively for the purpose of oceangoing

26  vessels or tugs docking, or such vessels mooring on property

27  used by a port authority for the purpose of loading or

28  unloading passengers or cargo onto or from such a vessel, or

29  property used at a port authority for fueling such vessels, or

30  to the extent that the amount paid for the use of any property

31  at the port is based on the charge for the amount of tonnage

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 317

    Amendment No. 001 (for drafter's use only)





 1  actually imported or exported through the port by a tenant.

 2         b.  The amount charged for the use of any property at

 3  the port in excess of the amount charged for tonnage actually

 4  imported or exported shall remain subject to tax except as

 5  provided in sub-subparagraph a.

 6         9.  Property used as an integral part of the

 7  performance of qualified production services.  As used in this

 8  subparagraph, the term "qualified production services" means

 9  any activity or service performed directly in connection with

10  the production of a qualified motion picture, as defined in s.

11  212.06(1)(b), and includes:

12         a.  Photography, sound and recording, casting, location

13  managing and scouting, shooting, creation of special and

14  optical effects, animation, adaptation (language, media,

15  electronic, or otherwise), technological modifications,

16  computer graphics, set and stage support (such as

17  electricians, lighting designers and operators, greensmen,

18  prop managers and assistants, and grips), wardrobe (design,

19  preparation, and management), hair and makeup (design,

20  production, and application), performing (such as acting,

21  dancing, and playing), designing and executing stunts,

22  coaching, consulting, writing, scoring, composing,

23  choreographing, script supervising, directing, producing,

24  transmitting dailies, dubbing, mixing, editing, cutting,

25  looping, printing, processing, duplicating, storing, and

26  distributing;

27         b.  The design, planning, engineering, construction,

28  alteration, repair, and maintenance of real or personal

29  property including stages, sets, props, models, paintings, and

30  facilities principally required for the performance of those

31  services listed in sub-subparagraph a.; and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 317

    Amendment No. 001 (for drafter's use only)





 1         c.  Property management services directly related to

 2  property used in connection with the services described in

 3  sub-subparagraphs a. and b.

 4         10.  Leased, subleased, or rented to a person providing

 5  food and drink concessionaire services within the premises of

 6  a movie theater, a business operated under a permit issued

 7  pursuant to chapter 550, or any publicly owned arena, sports

 8  stadium, convention hall, exhibition hall, auditorium, or

 9  recreational facility.  A person providing retail

10  concessionaire services involving the sale of food and drink

11  or other tangible personal property within the premises of an

12  airport shall be subject to tax on the rental of real property

13  used for that purpose, but shall not be subject to the tax on

14  any license to use the property.  For purposes of this

15  subparagraph, the term "sale" shall not include the leasing of

16  tangible personal property.

17         11.  Property occupied pursuant to an instrument

18  calling for payments which the department has declared, in a

19  Technical Assistance Advisement issued on or before March 15,

20  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

21  Florida Administrative Code; provided that this subparagraph

22  shall only apply to property occupied by the same person

23  before and after the execution of the subject instrument and

24  only to those payments made pursuant to such instrument,

25  exclusive of renewals and extensions thereof occurring after

26  March 15, 1993.

27         Section 2.  This act shall take effect upon becoming a

28  law.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 317

    Amendment No. 001 (for drafter's use only)





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

 2  And the title is amended as follows:

 3         On page 1, lines 7-9

 4  remove from the title of the bill:  all of said lines

 5

 6  and insert in lieu thereof:

 7  or right of way, or poles, conduits, fixtures, and similar

 8  improvements located in a right-of-way used by a cable

 9  television company for communications or television purposes;

10  providing a definition for the term utility; providing an

11  effective date.

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