Senate Bill 1458c1

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    Florida Senate - 2000                           CS for SB 1458

    By the Committee on Fiscal Resource and Senator King





    314-2203-00

  1                      A bill to be entitled

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

  3         transactions; providing legislative intent;

  4         amending s. 212.08, F.S.; revising the amount

  5         of the exemption for industrial machinery and

  6         equipment used in an expanding business;

  7         providing for application of the exemption for

  8         repair and labor charges for industrial

  9         machinery and equipment to machinery and

10         equipment used to prepare tangible personal

11         property for shipment; providing for such

12         exemption to apply to additional industries;

13         providing for a refund of certain taxes paid;

14         providing an effective date.

15

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

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18         Section 1.  It is the intent of the Legislature that

19  the manufacturing sector of Florida's economy be viable and

20  competitive in the world marketplace. Furthermore, it is

21  equally important to construct tax policy that both retains

22  manufacturers and recruits them. In that regard, it is the

23  intent of the Legislature to address manufacturing tax issues

24  systematically each year until such equity and parity are

25  accomplished.

26         Section 2.  Paragraph (b) of subsection (5) and

27  paragraph (eee) of subsection (7) of section 212.08, Florida

28  Statutes, are amended to read:

29         212.08  Sales, rental, use, consumption, distribution,

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

31  the rental, the use, the consumption, the distribution, and

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    Florida Senate - 2000                           CS for SB 1458
    314-2203-00




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

  2  following are hereby specifically exempt from the tax imposed

  3  by this chapter.

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

  5         (b)  Machinery and equipment used to increase

  6  productive output.--

  7         1.  Industrial machinery and equipment purchased for

  8  exclusive use by a new business in spaceport activities as

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

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

11  tangible personal property at fixed locations are exempt from

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

13  the taxpayer to the satisfaction of the department that such

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

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

16  productive operations, and delivery of the purchased item must

17  be made within 12 months of that date.

18         2.a.  Industrial machinery and equipment purchased for

19  exclusive use by an expanding facility which is engaged in

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

21  expanding manufacturing facilities or plant units which

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

23  tangible personal property at fixed locations in this state

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

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

26  affirmative showing by the taxpayer to the satisfaction of the

27  department that such items are used to increase the productive

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

29  10 percent.

30         b.  Notwithstanding any other provision of this

31  section, industrial machinery and equipment purchased for use

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    Florida Senate - 2000                           CS for SB 1458
    314-2203-00




  1  in expanding printing manufacturing facilities or plant units

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

  3  of tangible personal property at fixed locations in this state

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

  5  an affirmative showing by the taxpayer to the satisfaction of

  6  the department that such items are used to increase the

  7  productive output of such an expanded business by not less

  8  than 10 percent.

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

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

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

12  The application shall state that a new business exemption or

13  expanded business exemption is being sought. Upon a tentative

14  affirmative determination by the department pursuant to

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

16  such permit.

17         b.  The applicant shall be required to maintain all

18  necessary books and records to support the exemption. Upon

19  completion of purchases of qualified machinery and equipment

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

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

22  the department by certified or registered mail.

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

24  department, it is determined that the machinery and equipment

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

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

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

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

29  payable to the department by the business entity, together

30  with the appropriate interest and penalty, computed from the

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

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    Florida Senate - 2000                           CS for SB 1458
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  1         d.  In the event a qualifying business entity fails to

  2  apply for a temporary exemption permit or if the tentative

  3  determination by the department required to obtain a temporary

  4  exemption permit is negative, a qualifying business entity

  5  shall receive the exemption provided in subparagraph 1. or

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

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

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

  9  commencement of production has occurred.

10         4.  The department shall promulgate rules governing

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

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

13  manner and form of refund applications and may establish

14  guidelines as to the requisites for an affirmative showing of

15  increased productive output, commencement of production, and

16  qualification for exemption.

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

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

19  electric utility companies, communications companies, oil or

20  gas exploration or production operations, publishing firms

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

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

23  the Division of Hotels and Restaurants of the Department of

24  Business and Professional Regulation, or any firm which does

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

26  of tangible personal property or which does not use such

27  machinery and equipment in spaceport activities as required by

28  this paragraph. The exemptions provided in subparagraphs 1.

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

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

31  processing operations only by way of a prospective credit

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    Florida Senate - 2000                           CS for SB 1458
    314-2203-00




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

  2  chapter on such machinery and equipment.

  3         6.  For the purposes of the exemptions provided in

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

  5  meanings:

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

  7  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

  8  Internal Revenue Code, provided "industrial machinery and

  9  equipment" shall be construed by regulations adopted by the

10  Department of Revenue to mean tangible property used as an

11  integral part of spaceport activities or of the manufacturing,

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

13  tangible personal property. Such term includes parts and

14  accessories only to the extent that the exemption thereof is

15  consistent with the provisions of this paragraph.

16         b.  "Productive output" means the number of units

17  actually produced by a single plant or operation in a single

18  continuous 12-month period, irrespective of sales. Increases

19  in productive output shall be measured by the output for 12

20  continuous months immediately following the completion of

21  installation of such machinery or equipment over the output

22  for the 12 continuous months immediately preceding such

23  installation. However, if a different 12-month continuous

24  period of time would more accurately reflect the increase in

25  productive output of machinery and equipment purchased to

26  facilitate an expansion, the increase in productive output may

27  be measured during that 12-month continuous period of time if

28  such time period is mutually agreed upon by the Department of

29  Revenue and the expanding business prior to the commencement

30  of production; provided, however, in no case may such time

31  period begin later than 2 years following the completion of

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    Florida Senate - 2000                           CS for SB 1458
    314-2203-00




  1  installation of the new machinery and equipment. The units

  2  used to measure productive output shall be physically

  3  comparable between the two periods, irrespective of sales.

  4         7.  Notwithstanding any other provision in this

  5  paragraph to the contrary, in order to receive the exemption

  6  provided in this paragraph a taxpayer must register with the

  7  WAGES Program Business Registry established by the local WAGES

  8  coalition for the area in which the taxpayer is located.  Such

  9  registration establishes a commitment on the part of the

10  taxpayer to hire WAGES program participants to the maximum

11  extent possible consistent with the nature of their business.

12         (7)  MISCELLANEOUS EXEMPTIONS.--

13         (eee)  Certain repair and labor charges.--

14         1.  Subject to the provisions of subparagraphs 2. and

15  3., there is exempt from the tax imposed by this chapter all

16  labor charges for the repair of, and parts and materials used

17  in the repair of and incorporated into, industrial machinery

18  and equipment which is used for the manufacture, processing,

19  compounding, or production, or preparation for shipment of

20  items of tangible personal property at a fixed location within

21  this state.

22         2.  This exemption applies only to industries

23  classified under SIC Industry Major Group Numbers 10, 12, 13,

24  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

25  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

26  in this subparagraph, "SIC" means those classifications

27  contained in the Standard Industrial Classification Manual,

28  1987, as published by the Office of Management and Budget,

29  Executive Office of the President.

30         3.  This exemption shall be applied as follows:

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    Florida Senate - 2000                           CS for SB 1458
    314-2203-00




  1         a.  Beginning July 1, 1999, 25 percent of such charges

  2  for repair parts and labor shall be exempt.

  3         b.  Beginning July 1, 2000, 50 percent of such charges

  4  for repair parts and labor shall be exempt.

  5         c.  Beginning July 1, 2001, 75 percent of such charges

  6  for repair parts and labor shall be exempt.

  7         d.  Beginning July 1, 2002, 100 percent of such charges

  8  for repair parts and labor shall be exempt.

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10  Exemptions provided to any entity by this subsection shall not

11  inure to any transaction otherwise taxable under this chapter

12  when payment is made by a representative or employee of such

13  entity by any means, including, but not limited to, cash,

14  check, or credit card even when that representative or

15  employee is subsequently reimbursed by such entity.

16         Section 3.  For the period July 1, 1998, through June

17  30, 1999, every business classified under Industry Group

18  Number 212, which has collected and paid tax imposed by

19  chapter 212 on charges for steam or electrical energy used in

20  the manner provided by section 212.08(7)(ii), Florida

21  Statutes, shall qualify for a refund of said taxes pursuant to

22  sections 213.255 and 215.26, Florida Statutes, or shall be

23  relieved of the requirement to pay such taxes if those taxes

24  have not been collected and paid. It is the intent of the

25  Legislature that this provision shall be applied as if

26  Industry Group Number 212 had never been excluded from this

27  exemption. As used in this paragraph "SIC" means those

28  classifications contained in the Standard Industrial

29  Classification Manual, 1987, as published by the Office of

30  Management and Budget, Executive Office of the President.

31         Section 4.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                           CS for SB 1458
    314-2203-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1458

  3

  4  1)    Lowers the $50,000 threshold for expanding businesses to
          $15,000
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    2)    Includes in the sales tax exemption for repair and labor
  6        charges,  M&E used for the preparation for shipment of
          items of TPP.
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    3)    Includes SIC code 35 in the exemption, which is
  8        clarifying language

  9  4)    Provides a refund of taxes paid for the period of July
          1, 1998, through June 30, 1999, on charges for steam or
10        electrical energy used by Industry Group Number 212, or
          if taxes were not collected, such business does not have
11        to pay such taxes. The 1998 Legislature inadvertently
          left out Industry Group 212, cigar manufacturers, from
12        the exemption for steam or electricity used in
          manufacturing.
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