House Bill 0249

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    Florida House of Representatives - 2000                 HB 249

        By Representatives Byrd and Hart






  1                      A bill to be entitled

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

  3         other transactions; amending s. 212.08, F.S.;

  4         providing an exemption from the tax on sales,

  5         use, and other transactions for machinery and

  6         equipment purchased or leased for use in the

  7         production, transmission, receipt, or

  8         redistribution of digital television signals;

  9         providing an effective date.

10

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

12

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

14  212.08, Florida Statutes, is amended to read:

15         212.08  Sales, rental, use, consumption, distribution,

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

17  the rental, the use, the consumption, the distribution, and

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

19  following are hereby specifically exempt from the tax imposed

20  by this chapter.

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

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

23  picture or television production activities and sound

24  recording equipment used in the production of master tapes and

25  master records; property purchased or leased to produce,

26  transmit, receive, or redistribute digital television

27  signals.--

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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    Florida House of Representatives - 2000                 HB 249

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  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 machinery and equipment purchased or leased in

  5  this state for use by a television studio, television network,

  6  television production company, or federally licensed

  7  television station in the production, origination, broadcast,

  8  transmission, receipt, or redistribution of digital television

  9  signals.

10         3.  The exemptions exemption provided by this paragraph

11  shall inure to the taxpayer only through a refund of

12  previously paid taxes. Notwithstanding the provisions of s.

13  212.095, such refund shall be made within 30 days of formal

14  application, which application may be made after the

15  completion of production activities or on a quarterly basis.

16  Notwithstanding the provisions of chapter 213, the department

17  shall provide the Department of Commerce with a copy of each

18  refund application and the amount of such refund, if any.

19         4.2.  For the purpose of the exemption provided in

20  subparagraph 1.:

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

22  recording equipment" includes only equipment meeting the

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

24  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is

25  used by the lessee or purchaser exclusively as an integral

26  part of production activities; however, motion picture or

27  video equipment and sound recording equipment does not include

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

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

30  general office equipment not specifically suited to production

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

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    Florida House of Representatives - 2000                 HB 249

    577-144D-00






  1  purchased or leased by television or radio broadcasting or

  2  cable companies licensed by the Federal Communications

  3  Commission.

  4         b.  "Production activities" means activities directed

  5  toward the preparation of a:

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

  7         (II)  Motion picture or television production which is

  8  produced for theatrical, commercial, advertising, or

  9  educational purposes and utilizes live or animated actions or

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

11  or television production shall be commercially produced for

12  sale or for showing on screens or broadcasting on television

13  and may be on film or video tape.

14         5.  For the purpose of the exemption provided in

15  subparagraph 2., "machinery and equipment" means machinery or

16  equipment as described in 47 C.F.R., part 73, and "section 38

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

18  Internal Revenue Code, purchased or leased in this state for

19  use by a television studio, television network, television

20  production company, or federally licensed television station

21  in the production, origination, broadcast, transmission,

22  receipt, or redistribution of digital television signals.

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

24  law.

25

26            *****************************************

27                          HOUSE SUMMARY

28
      Provides a sales tax exemption for machinery and
29    equipment purchased or leased in this state for use by a
      television studio, television network, television
30    production company, or federally licensed television
      station in the production, origination, broadcast,
31    transmission, receipt, or redistribution of digital
      television signals.
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