House Bill 0523e1

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                                     HB 523, First Engrossed/ntc/C



  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 an exemption for personal or real

  5         property purchased or leased for use in the

  6         operation of a television broadcasting station

  7         that meets specified criteria; requiring return

  8         of tax refunds plus interest and penalties if

  9         certain criteria are not met; providing

10         limitations; providing an effective date.

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

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14         Section 1.  Paragraph (f) of subsection (5) of section

15  212.08, Florida Statutes, 1998 Supplement, is amended to read:

16         212.08  Sales, rental, use, consumption, distribution,

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

18  the rental, the use, the consumption, the distribution, and

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

20  following are hereby specifically exempt from the tax imposed

21  by this chapter.

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

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

24  picture or television production activities and sound

25  recording equipment used in the production of master tapes and

26  master records; property purchased or leased to operate

27  certain television broadcasting stations.--

28         1.  Motion picture or video equipment and sound

29  recording equipment purchased or leased for use in this state

30  in production activities is exempt from the tax imposed by

31  this chapter upon an affirmative showing by the purchaser or


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                                     HB 523, First Engrossed/ntc/C



  1  lessee to the satisfaction of the department that the

  2  equipment will be used for production activities.

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

  4  chapter all personal or real property purchased or leased for

  5  use in the operation of any television broadcasting station

  6  that meets all of the following requirements:

  7         a.  It has been acquired following the conclusion of

  8  bankruptcy proceedings by a previously unrelated owner.  The

  9  station general manager of the acquiring station must submit

10  an affidavit to the department stating that the acquiring

11  station had no ownership interest, or other business

12  relationship, with the previous owner that went through

13  bankruptcy proceedings.

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

15  general manager stating that the television broadcasting

16  station or stations under common ownership have established

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

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

19  million in capital improvements since the acquisition of the

20  television broadcasting station or stations.

21         d.  It is located within the boundaries of a

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

23  shares common ownership or management with another television

24  broadcasting station that has been acquired following

25  bankruptcy that is located in a different metropolitan

26  statistical area.

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

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

29  the state youth-oriented anti-tobacco public service

30  announcements and programming of a value equal to or greater

31  than the tax refund received by the television broadcasting


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                                     HB 523, First Engrossed/ntc/C



  1  station in the previous year.  If a television broadcasting

  2  station that has received a refund fails to broadcast

  3  sufficient public service announcements and programming, the

  4  taxpayer must return the refund to the state together with

  5  interest and penalties.  Should the taxpayer fail to comply

  6  with this provision, a refund shall be made 30 days after the

  7  one year period has expired to avoid interest and penalties.

  8         3.  The exemptions exemption provided by this paragraph

  9  shall inure to the taxpayer only through a refund of

10  previously paid taxes.  With respect to the refund authorized

11  under subparagraph 2., the maximum refund allowed in any year

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

13  station or group of television broadcasting stations that

14  share common ownership or management, and no taxpayer may

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

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

17  days of formal application, which application may be made

18  after the completion of production activities or on a

19  quarterly basis with respect to the refund authorized under

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

21  refund authorized under subparagraph 2. Notwithstanding the

22  provisions of chapter 213, the department shall provide the

23  Office of Tourism, Trade and Economic Development Department

24  of Commerce with a copy of each refund application and the

25  amount of such refund, if any.

26         4.2.  For the purpose of the exemption provided in

27  subparagraph 1.:

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

29  recording equipment" includes only equipment meeting the

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

31  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is


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                                     HB 523, First Engrossed/ntc/C



  1  used by the lessee or purchaser exclusively as an integral

  2  part of production activities; however, motion picture or

  3  video equipment and sound recording equipment does not include

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

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

  6  general office equipment not specifically suited to production

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

  8  purchased or leased by television or radio broadcasting or

  9  cable companies licensed by the Federal Communications

10  Commission.

11         b.  "Production activities" means activities directed

12  toward the preparation of a:

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

14         (II)  Motion picture or television production which is

15  produced for theatrical, commercial, advertising, or

16  educational purposes and utilizes live or animated actions or

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

18  or television production shall be commercially produced for

19  sale or for showing on screens or broadcasting on television

20  and may be on film or video tape.

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

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