House Bill 0411er

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    2000 Legislature                    CS/HB 411, First Engrossed



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

  3         transactions; amending s. 212.06, F.S.;

  4         increasing the exemption from the indexed tax

  5         on manufactured asphalt that applies to

  6         manufactured asphalt used for any state or

  7         local government public works project;

  8         specifying that the exemption includes federal

  9         public works projects; providing intent;

10         amending s. 212.08, F.S.; providing an

11         exemption for railroad roadway materials used

12         in the construction, repair, or maintenance of

13         railways; amending s. 212.20, F.S.; providing a

14         lump sum payment to the International Game Fish

15         Association World Center; reducing the maximum

16         number of monthly distributions to account for

17         the lump sum payment; providing an effective

18         date.

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

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22         Section 1.  Paragraph (c) of subsection (1) of section

23  212.06, Florida Statutes, is amended to read:

24         212.06  Sales, storage, use tax; collectible from

25  dealers; "dealer" defined; dealers to collect from purchasers;

26  legislative intent as to scope of tax.--

27         (1)

28         (c)1.  Notwithstanding the provisions of paragraph (b),

29  the use tax on asphalt manufactured for one's own use shall be

30  calculated with respect to paragraph (b) only upon the cost of

31  materials which become a component part or which are an


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    2000 Legislature                    CS/HB 411, First Engrossed



  1  ingredient of the finished asphalt and upon the cost of the

  2  transportation of such components and ingredients.  In

  3  addition, an indexed tax of 38 cents per ton of such

  4  manufactured asphalt shall be due at the same time and in the

  5  same manner as taxes due pursuant to paragraph (b). Beginning

  6  July 1, 1989, the indexed tax shall be adjusted each July 1 to

  7  an amount, rounded to the nearest cent, equal to the product

  8  of 38 cents multiplied by a fraction, the numerator of which

  9  is the annual average of the "materials and components for

10  construction" series of the producer price index, as

11  calculated and published by the United States Department of

12  Labor, Bureau of Statistics, for the previous calendar year,

13  and the denominator of which is the annual average of said

14  series for calendar year 1988.

15         2.a.  Beginning July 1, 1999, the indexed tax imposed

16  by this paragraph on shall not apply to manufactured asphalt

17  which is used for any federal, state, or local government

18  public works project shall be reduced by. Beginning July 1,

19  1999, 20 percent of such amount is exempt.

20         b.  Beginning July 1, 2000, the indexed tax imposed by

21  this paragraph on manufactured asphalt which is used for any

22  federal, state, or local government public works project shall

23  be reduced by 40 percent.

24         Section 2.  It is the intent of the Legislature that

25  the amendment including federal public works projects in the

26  scope of the partial exemption in s. 212.06(1)(c), Florida

27  Statutes, is remedial in nature and merely clarifies existing

28  law.

29         Section 3.  Paragraph (ggg) is added to subsection (7)

30  of section 212.08, Florida Statutes, to read:

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  1         212.08  Sales, rental, use, consumption, distribution,

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

  3  the rental, the use, the consumption, the distribution, and

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

  5  following are hereby specifically exempt from the tax imposed

  6  by this chapter.

  7         (7)  MISCELLANEOUS EXEMPTIONS.--

  8         (ggg)  Railroad roadway materials.--Also exempt from

  9  the tax imposed by this chapter are railroad roadway materials

10  used in the construction, repair, or maintenance of railways.

11  Railroad roadway materials shall include rails, ties,

12  ballasts, communication equipment, signal equipment, power

13  transmission equipment, and any other track materials.

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15  Exemptions provided to any entity by this subsection shall not

16  inure to any transaction otherwise taxable under this chapter

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

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

19  check, or credit card even when that representative or

20  employee is subsequently reimbursed by such entity.

21         Section 4.  Paragraph (f) of subsection (6) of section

22  212.20, Florida Statutes, is amended to read:

23         212.20  Funds collected, disposition; additional powers

24  of department; operational expense; refund of taxes

25  adjudicated unconstitutionally collected.--

26         (6)  Distribution of all proceeds under this chapter

27  shall be as follows:

28         (f)  The proceeds of all other taxes and fees imposed

29  pursuant to this chapter shall be distributed as follows:

30         1.  In any fiscal year, the greater of $500 million,

31  minus an amount equal to 4.6 percent of the proceeds of the


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  1  taxes collected pursuant to chapter 201, or 5 percent of all

  2  other taxes and fees imposed pursuant to this chapter shall be

  3  deposited in monthly installments into the General Revenue

  4  Fund.

  5         2.  Two-tenths of one percent shall be transferred to

  6  the Solid Waste Management Trust Fund.

  7         3.  After the distribution under subparagraphs 1. and

  8  2., 9.653 percent of the amount remitted by a sales tax dealer

  9  located within a participating county pursuant to s. 218.61

10  shall be transferred into the Local Government Half-cent Sales

11  Tax Clearing Trust Fund.

12         4.  After the distribution under subparagraphs 1., 2.,

13  and 3., 0.054 percent shall be transferred to the Local

14  Government Half-cent Sales Tax Clearing Trust Fund and

15  distributed pursuant to s. 218.65.

16         5.  Of the remaining proceeds:

17         a.  Beginning July 1, 1992, $166,667 shall be

18  distributed monthly by the department to each applicant that

19  has been certified as a "facility for a new professional

20  sports franchise" or a "facility for a retained professional

21  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

22  distributed monthly by the department to each applicant that

23  has been certified as a "new spring training franchise

24  facility" pursuant to s. 288.1162. Distributions shall begin

25  60 days following such certification and shall continue for 30

26  years. Nothing contained herein shall be construed to allow an

27  applicant certified pursuant to s. 288.1162 to receive more in

28  distributions than actually expended by the applicant for the

29  public purposes provided for in s. 288.1162(7). However, a

30  certified applicant shall receive distributions up to the

31  maximum amount allowable and undistributed under this section


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  1  for additional renovations and improvements to the facility

  2  for the franchise without additional certification.

  3         b.  Beginning 30 days after notice by the Office of

  4  Tourism, Trade, and Economic Development to the Department of

  5  Revenue that an applicant has been certified as the

  6  professional golf hall of fame pursuant to s. 288.1168 and is

  7  open to the public, $166,667 shall be distributed monthly, for

  8  up to 300 months, to the applicant.

  9         c.  Beginning 30 days after notice by the Office of

10  Tourism, Trade, and Economic Development Department of

11  Commerce to the Department of Revenue that the applicant has

12  been certified as the International Game Fish Association

13  World Center facility pursuant to s. 288.1169, and the

14  facility is open to the public, $83,333 shall be distributed

15  monthly, for up to 168 180 months, to the applicant.  This

16  distribution is subject to reduction pursuant to s. 288.1169.

17  A lump sum payment of $999,996 shall be made, after

18  certification and before July 1, 2000.

19         6.  All other proceeds shall remain with the General

20  Revenue Fund.

21         Section 5.  This act shall take effect July 1, 2000.

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