House Bill 0317

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







    Florida House of Representatives - 1999                 HB 317

        By Representative Gay






  1                      A bill to be entitled

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

  3         transactions; amending s. 212.031, F.S.;

  4         providing that the tax on the lease or rental

  5         of or license in real property does not apply

  6         when the property is a public or private street

  7         or right-of-way used by a franchised cable

  8         television company for communication purposes;

  9         providing an effective date.

10

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

12

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

14  212.031, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         212.031  Lease or rental of or license in real

17  property.--

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

19  that every person is exercising a taxable privilege who

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

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

22  such property is:

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

24         2.  Used exclusively as dwelling units.

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

26  storage spaces under s. 212.03(6).

27         4.  Recreational property or the common elements of a

28  condominium when subject to a lease between the developer or

29  owner thereof and the condominium association in its own right

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

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

                                  1

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






    Florida House of Representatives - 1999                 HB 317

    540-181-99






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

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

  3  or the condominium association shall be fully taxable under

  4  this chapter.

  5         5.  A public or private street or right-of-way occupied

  6  or used by a utility or franchised cable television company

  7  for utility or other communications purposes.

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

  9  transportation purposes.

10         7.  Property used at an airport exclusively for the

11  purpose of aircraft landing or aircraft taxiing or property

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

13  passengers or property onto or from aircraft or for fueling

14  aircraft.

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

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

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

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

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

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

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

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

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

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

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

26  imported or exported shall remain subject to tax except as

27  provided in sub-subparagraph a.

28         9.  Property used as an integral part of the

29  performance of qualified production services.  As used in this

30  subparagraph, the term "qualified production services" means

31  any activity or service performed directly in connection with

                                  2

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






    Florida House of Representatives - 1999                 HB 317

    540-181-99






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

  2  212.06(1)(b), and includes:

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

  4  managing and scouting, shooting, creation of special and

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

  6  electronic, or otherwise), technological modifications,

  7  computer graphics, set and stage support (such as

  8  electricians, lighting designers and operators, greensmen,

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

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

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

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

13  coaching, consulting, writing, scoring, composing,

14  choreographing, script supervising, directing, producing,

15  transmitting dailies, dubbing, mixing, editing, cutting,

16  looping, printing, processing, duplicating, storing, and

17  distributing;

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

19  alteration, repair, and maintenance of real or personal

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

21  facilities principally required for the performance of those

22  services listed in sub-subparagraph a.; and

23         c.  Property management services directly related to

24  property used in connection with the services described in

25  sub-subparagraphs a. and b.

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

27  food and drink concessionaire services within the premises of

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

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

30  stadium, convention hall, exhibition hall, auditorium, or

31  recreational facility.  A person providing retail

                                  3

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






    Florida House of Representatives - 1999                 HB 317

    540-181-99






  1  concessionaire services involving the sale of food and drink

  2  or other tangible personal property within the premises of an

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

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

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

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

  7  tangible personal property.

  8         11.  Property occupied pursuant to an instrument

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

10  Technical Assistance Advisement issued on or before March 15,

11  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

12  Florida Administrative Code; provided that this subparagraph

13  shall only apply to property occupied by the same person

14  before and after the execution of the subject instrument and

15  only to those payments made pursuant to such instrument,

16  exclusive of renewals and extensions thereof occurring after

17  March 15, 1993.

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

19  law.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Provides that the sales tax on the lease or rental of or
24    license in real property does not apply when the property
      is a public or private street or right-of-way used by a
25    franchised cable television company for communication
      purposes.
26

27

28

29

30

31

                                  4