House Bill 0587

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    Florida House of Representatives - 2000                 HB 587

        By Representative Fasano






  1                      A bill to be entitled

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

  3         transactions; amending s. 212.051, F.S.;

  4         including specialty chemicals and

  5         bioaugmentation products within the exemption

  6         for equipment and machinery used for pollution

  7         control in connection with the manufacture of

  8         items of tangible personal property for sale;

  9         amending s. 212.08, F.S.; providing that

10         machinery and equipment used by an expanding

11         facility engaged in spaceport activities or by

12         certain expanding manufacturing facilities are

13         totally exempt from said tax in any year in

14         which the tax liability thereon exceeds

15         $25,000; providing an effective date.

16

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

18

19         Section 1.  Subsection (1) of section 212.051, Florida

20  Statutes, is amended to read:

21         212.051  Equipment, or machinery, and other materials

22  for pollution control; not subject to sales or use tax.--

23         (1)  Notwithstanding any provision to the contrary,

24  sales, use, or privilege taxes shall not be collected with

25  respect to any facility, device, fixture, equipment, or

26  machinery, specialty chemical, or bioaugmentation product used

27  primarily for the control or abatement of pollution or

28  contaminants in manufacturing, processing, compounding, or

29  producing for sale items of tangible personal property at a

30  fixed location, or any structure, machinery, or equipment

31  installed in the reconstruction or replacement of such

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    Florida House of Representatives - 2000                 HB 587

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  1  facility, device, fixture, equipment, or machinery. To

  2  qualify, such facility, device, fixture, equipment, or

  3  structure, specialty chemical, or bioaugmentation product must

  4  be used, installed, or constructed to meet a law implemented

  5  by, or a condition of a permit issued by, the Department of

  6  Environmental Protection; however, such exemption shall not be

  7  allowed unless the purchaser signs a certificate stating that

  8  the facility, device, fixture, equipment, or structure,

  9  specialty chemical, or bioaugmentation product to be exempted

10  is required to meet such law or condition.

11         Section 2.  Paragraph (b) of subsection (5) of section

12  212.08, Florida Statutes, is amended to read:

13         212.08  Sales, rental, use, consumption, distribution,

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

15  the rental, the use, the consumption, the distribution, and

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

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

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

20         (b)  Machinery and equipment used to increase

21  productive output.--

22         1.  Industrial machinery and equipment purchased for

23  exclusive use by a new business in spaceport activities as

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

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

26  tangible personal property at fixed locations are exempt from

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

28  the taxpayer to the satisfaction of the department that such

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

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

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    Florida House of Representatives - 2000                 HB 587

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  1  productive operations, and delivery of the purchased item must

  2  be made within 12 months of that date.

  3         2.a.  Industrial machinery and equipment purchased for

  4  exclusive use by an expanding facility which is engaged in

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

  6  expanding manufacturing facilities or plant units which

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

  8  tangible personal property at fixed locations in this state

  9  are exempt from the any amount of tax imposed by this chapter

10  in any excess of $50,000 per calendar year in which the

11  taxpayer is liable for more than $25,000 in tax imposed by

12  this chapter on such machinery and equipment, upon an

13  affirmative showing by the taxpayer to the satisfaction of the

14  department that such items are used to increase the productive

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

16  10 percent, subject to the provisions of sub-subparagraph 3.e.

17         b.  Notwithstanding any other provision of this

18  section, industrial machinery and equipment purchased for use

19  in expanding printing manufacturing facilities or plant units

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

21  of tangible personal property at fixed locations in this state

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

23  an affirmative showing by the taxpayer to the satisfaction of

24  the department that such items are used to increase the

25  productive output of such an expanded business by not less

26  than 10 percent.

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

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

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

30  The application shall state that a new business exemption or

31  expanded business exemption is being sought. Upon a tentative

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  1  affirmative determination by the department pursuant to

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

  3  such permit.

  4         b.  The applicant shall be required to maintain all

  5  necessary books and records to support the exemption. Upon

  6  completion of purchases of qualified machinery and equipment

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

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

  9  the department by certified or registered mail.

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

11  department, it is determined that the machinery and equipment

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

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

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

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

16  payable to the department by the business entity, together

17  with the appropriate interest and penalty, computed from the

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

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

20  apply for a temporary exemption permit or if the tentative

21  determination by the department required to obtain a temporary

22  exemption permit is negative, a qualifying business entity

23  shall receive the exemption provided in subparagraph 1. or

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

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

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

27  commencement of production has occurred.

28         e.  Once a qualifying business entity has paid $25,000

29  in taxes in a calendar year as specified in sub-subparagraph

30  2.a. and has met all other requirements of this paragraph, and

31  commencement of production has occurred, the business entity

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  1  is eligible for the total exemption provided by that

  2  sub-subparagraph for that calendar year through a refund of

  3  previously paid taxes.

  4         4.  The department shall promulgate rules governing

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

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

  7  manner and form of refund applications and may establish

  8  guidelines as to the requisites for an affirmative showing of

  9  increased productive output, commencement of production, and

10  qualification for exemption.

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

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

13  electric utility companies, communications companies, oil or

14  gas exploration or production operations, publishing firms

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

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

17  the Division of Hotels and Restaurants of the Department of

18  Business and Professional Regulation, or any firm which does

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

20  of tangible personal property or which does not use such

21  machinery and equipment in spaceport activities as required by

22  this paragraph. The exemptions provided in subparagraphs 1.

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

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

25  processing operations only by way of a prospective credit

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

27  chapter on such machinery and equipment.

28         6.  For the purposes of the exemptions provided in

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

30  meanings:

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    Florida House of Representatives - 2000                 HB 587

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

  2  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

  3  Internal Revenue Code, provided "industrial machinery and

  4  equipment" shall be construed by regulations adopted by the

  5  Department of Revenue to mean tangible property used as an

  6  integral part of spaceport activities or of the manufacturing,

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

  8  tangible personal property. Such term includes parts and

  9  accessories only to the extent that the exemption thereof is

10  consistent with the provisions of this paragraph.

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

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

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

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

15  continuous months immediately following the completion of

16  installation of such machinery or equipment over the output

17  for the 12 continuous months immediately preceding such

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

19  period of time would more accurately reflect the increase in

20  productive output of machinery and equipment purchased to

21  facilitate an expansion, the increase in productive output may

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

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

24  Revenue and the expanding business prior to the commencement

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

26  period begin later than 2 years following the completion of

27  installation of the new machinery and equipment. The units

28  used to measure productive output shall be physically

29  comparable between the two periods, irrespective of sales.

30         7.  Notwithstanding any other provision in this

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

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    Florida House of Representatives - 2000                 HB 587

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  1  provided in this paragraph a taxpayer must register with the

  2  WAGES Program Business Registry established by the local WAGES

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

  4  registration establishes a commitment on the part of the

  5  taxpayer to hire WAGES program participants to the maximum

  6  extent possible consistent with the nature of their business.

  7         Section 3.  This act shall take effect July 1, 2000.

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10                          HOUSE SUMMARY

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      Includes specialty chemicals and bioaugmentation products
12    within the sales tax exemption for equipment and
      machinery used for pollution control in connection with
13    the manufacture of items of tangible personal property
      for sale.
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15    Provides that machinery and equipment used by an
      expanding facility engaged in spaceport activities or by
16    certain expanding manufacturing facilities are totally
      exempt from sales tax in any year in which the tax
17    liability thereon exceeds $25,000. Present law exempts
      such machinery and equipment from taxes in excess of
18    $50,000 per year.

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