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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458

    Amendment No.    

                            CHAMBER ACTION
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11  Senator King moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

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

18  212.08, Florida Statutes, 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  exclusive use by a new business in spaceport activities as

30  defined by s. 212.02 or for use in new businesses which

31  manufacture, process, compound, or produce for sale items of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458

    Amendment No.    





 1  tangible personal property at fixed locations are exempt from

 2  the tax imposed by this chapter upon an affirmative showing by

 3  the taxpayer to the satisfaction of the department that such

 4  items are used in a new business in this state. Such purchases

 5  must be made prior to the date the business first begins its

 6  productive operations, and delivery of the purchased item must

 7  be made within 12 months of that date.

 8         2.a.  Industrial machinery and equipment purchased for

 9  exclusive use by an expanding facility which is engaged in

10  spaceport activities as defined by s. 212.02 or for use in

11  expanding manufacturing facilities or plant units which

12  manufacture, process, compound, or produce for sale items of

13  tangible personal property at fixed locations in this state

14  are exempt from any amount of tax imposed by this chapter in

15  excess of $15,000 $50,000 per calendar year upon an

16  affirmative showing by the taxpayer to the satisfaction of the

17  department that such items are used to increase the productive

18  output of such expanded facility or business by not less than

19  10 percent.

20         b.  Notwithstanding any other provision of this

21  section, industrial machinery and equipment purchased for use

22  in expanding printing manufacturing facilities or plant units

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

24  of tangible personal property at fixed locations in this state

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

26  an affirmative showing by the taxpayer to the satisfaction of

27  the department that such items are used to increase the

28  productive output of such an expanded business by not less

29  than 10 percent.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458

    Amendment No.    





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

 2  The application shall state that a new business exemption or

 3  expanded business exemption is being sought. Upon a tentative

 4  affirmative determination by the department pursuant to

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

 6  such permit.

 7         b.  The applicant shall be required to maintain all

 8  necessary books and records to support the exemption. Upon

 9  completion of purchases of qualified machinery and equipment

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

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

12  the department by certified or registered mail.

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

14  department, it is determined that the machinery and equipment

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

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

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

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

19  payable to the department by the business entity, together

20  with the appropriate interest and penalty, computed from the

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

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

23  apply for a temporary exemption permit or if the tentative

24  determination by the department required to obtain a temporary

25  exemption permit is negative, a qualifying business entity

26  shall receive the exemption provided in subparagraph 1. or

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

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

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

30  commencement of production has occurred.

31         4.  The department shall promulgate rules governing

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458

    Amendment No.    





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

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

 3  manner and form of refund applications and may establish

 4  guidelines as to the requisites for an affirmative showing of

 5  increased productive output, commencement of production, and

 6  qualification for exemption.

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

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

 9  electric utility companies, communications companies, oil or

10  gas exploration or production operations, publishing firms

11  that do not export at least 50 percent of their finished

12  product out of the state, any firm subject to regulation by

13  the Division of Hotels and Restaurants of the Department of

14  Business and Professional Regulation, or any firm which does

15  not manufacture, process, compound, or produce for sale items

16  of tangible personal property or which does not use such

17  machinery and equipment in spaceport activities as required by

18  this paragraph. The exemptions provided in subparagraphs 1.

19  and 2. shall apply to machinery and equipment purchased for

20  use in phosphate or other solid minerals severance, mining, or

21  processing operations only by way of a prospective credit

22  against taxes due under chapter 211 for taxes paid under this

23  chapter on such machinery and equipment.

24         6.  For the purposes of the exemptions provided in

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

26  meanings:

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

28  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

29  Internal Revenue Code, provided "industrial machinery and

30  equipment" shall be construed by regulations adopted by the

31  Department of Revenue to mean tangible property used as an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458

    Amendment No.    





 1  integral part of spaceport activities or of the manufacturing,

 2  processing, compounding, or producing for sale of items of

 3  tangible personal property. Such term includes parts and

 4  accessories only to the extent that the exemption thereof is

 5  consistent 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

31  taxpayer to hire WAGES program participants to the maximum

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1458

    Amendment No.    





 1  extent possible consistent with the nature of their business.

 2         Section 2.  This act shall take effect July 1, 2000.

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

 6  And the title is amended as follows:

 7         Delete everything before the enacting clause

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 9  and insert:

10                      A bill to be entitled

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

12         transactions; amending s. 212.08, F.S.;

13         revising the amount of the exemption for

14         industrial machinery and equipment used in an

15         expanding business; providing an effective

16         date.

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