Senate Bill sb1978
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    Florida Senate - 2001                                  SB 1978
    By Senator Carlton
    24-631A-01
  1                      A bill to be entitled
  2         An act relating to tax administration;
  3         repealing s. 212.084(6), F.S.; eliminating
  4         provisions for temporary exemption
  5         certificates; repealing s. 212.08(7)(ccc),
  6         F.S.; eliminating the specific sales tax
  7         exemption for organizations providing crime
  8         prevention, drunk-driving prevention, and
  9         juvenile-delinquency-prevention services;
10         amending s. 212.08, F.S.; providing that a
11         qualifying entity is entitled to a refund for
12         taxes paid on items purchased by the entity
13         prior to receiving a consumer certificate of
14         exemption; providing for retroactive
15         application; reinstating retroactively the
16         sales tax exemption for parent-teacher
17         organizations and parent-teacher associations;
18         eliminating obsolete provisions; requiring a
19         purchaser to file an affidavit stating the
20         exempt nature of a purchase with the selling
21         vendor instead of the Department of Revenue;
22         providing for retroactive application;
23         replacing the definition of the term "section
24         38 property" with an express definition of the
25         terms "industrial machinery and equipment" and
26         "motion picture and video equipment"; imposing
27         certain requirements, for purposes of taxation,
28         on the removal of a motor vehicle from this
29         state; providing residency requirements of
30         corporate officers, corporate stockholders, and
31         partners in a partnership relating to the
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  1         taxable status of sales of motor vehicles;
  2         amending s. 212.06, F.S.; clarifying the
  3         definition of the term "fixtures"; eliminating
  4         reference to the term "trade fixture"; amending
  5         s. 212.08, F.S.; replacing the Interstate
  6         Commerce Commission with the Surface
  7         Transportation Board as the entity that
  8         licenses certain railroads as common carriers;
  9         providing that, for a vessel, railroad, or
10         motor carrier engaged in interstate or foreign
11         commerce, sales tax applies to taxable
12         purchases in this state and applies even if the
13         vessel, railroad, or motor carrier has operated
14         for less than a fiscal year; amending s.
15         220.22, F.S.; eliminating the initial year's
16         information return for certain corporations;
17         repealing s. 624.509(10), F.S., which provides
18         for an exemption from the insurance premium tax
19         for insurers who write monoline flood insurance
20         policies; amending s. 213.285, F.S.; delaying
21         the future repeal of the certified audit
22         project; amending s. 213.30, F.S.; clarifying
23         that the rewards program is the only available
24         means of obtaining compensation for information
25         regarding another person's failure to comply
26         with the state's tax laws; amending s. 11, ch.
27         2000-165, Laws of Florida; clarifying which
28         provisions of ch. 213, F.S., apply to the
29         collection of unemployment contributions;
30         amending s. 45.031, F.S.; requiring the clerk
31         of court to give notice to the Department of
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  1         Revenue if there is a surplus resulting from
  2         the foreclosure of an unemployment compensation
  3         tax lien; amending s. 69.041, F.S.; permitting
  4         the department to participate in the
  5         disbursement of unemployment compensation tax
  6         lien foreclosure funds; amending s. 213.053,
  7         F.S.; providing for confidentiality and
  8         information sharing; abrogating the expiration
  9         of s. 215.20(3), F.S., relating to service
10         charges against certain trust funds,
11         notwithstanding s. 10, ch. 90-110, Laws of
12         Florida; repealing s. 4 of ch. 96-395, Laws of
13         Florida, which provides for the repeal of
14         exemptions provided for certain citizen support
15         organizations and the Florida Folk Festival;
16         providing for retroactive applicability;
17         providing effective dates.
18
19  Be It Enacted by the Legislature of the State of Florida:
20
21         Section 1.  Subsection (6) of section 212.084, Florida
22  Statutes, is repealed.
23         Section 2.  Subsection (7) of section 212.08, Florida
24  Statutes, is amended to read:
25         212.08  Sales, rental, use, consumption, distribution,
26  and storage tax; specified exemptions.--The sale at retail,
27  the rental, the use, the consumption, the distribution, and
28  the storage to be used or consumed in this state of the
29  following are hereby specifically exempt from the tax imposed
30  by this chapter.
31
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  1         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to
  2  any entity by this chapter do not inure to any transaction
  3  that is otherwise taxable under this chapter when payment is
  4  made by a representative or employee of the entity by any
  5  means, including, but not limited to, cash, check, or credit
  6  card, even when that representative or employee is
  7  subsequently reimbursed by the entity. In addition, exemptions
  8  provided to any entity by this subsection do not inure to any
  9  transaction that is otherwise taxable under this chapter
10  unless the entity has obtained a sales tax exemption
11  certificate from the department or the entity obtains or
12  provides other documentation as required by the department.
13  Eligible purchases or leases made with such a certificate must
14  be in strict compliance with this subsection and departmental
15  rules, and any person who makes an exempt purchase with a
16  certificate that is not in strict compliance with this
17  subsection and the rules is liable for and must pay the tax.
18  The department may adopt rules to administer this subsection.
19         (a)  Artificial commemorative flowers.--Exempt from the
20  tax imposed by this chapter is the sale of artificial
21  commemorative flowers by bona fide nationally chartered
22  veterans' organizations.
23         (b)  Boiler fuels.--When purchased for use as a
24  combustible fuel, purchases of natural gas, residual oil,
25  recycled oil, waste oil, solid waste material, coal, sulfur,
26  wood, wood residues or wood bark used in an industrial
27  manufacturing, processing, compounding, or production process
28  at a fixed location in this state are exempt from the taxes
29  imposed by this chapter; however, such exemption shall not be
30  allowed unless the purchaser signs a certificate stating that
31  the fuel to be exempted is for the exclusive use designated
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  1  herein. This exemption does not apply to the use of boiler
  2  fuels that are not used in manufacturing, processing,
  3  compounding, or producing items of tangible personal property
  4  for sale, or to the use of boiler fuels used by any firm
  5  subject to regulation by the Division of Hotels and
  6  Restaurants of the Department of Business and Professional
  7  Regulation.
  8         (c)  Crustacea bait.--Also exempt from the tax imposed
  9  by this chapter is the purchase by commercial fishers of bait
10  intended solely for use in the entrapment of Callinectes
11  sapidus and Menippe mercenaria.
12         (d)  Feeds.--Feeds for poultry, ostriches, and
13  livestock, including racehorses and dairy cows, are exempt.
14         (e)  Film rentals.--Film rentals are exempt when an
15  admission is charged for viewing such film, and license fees
16  and direct charges for films, videotapes, and transcriptions
17  used by television or radio stations or networks are exempt.
18         (f)  Flags.--Also exempt are sales of the flag of the
19  United States and the official state flag of Florida.
20         (g)  Florida Retired Educators Association and its
21  local chapters.--Also exempt from payment of the tax imposed
22  by this chapter are purchases of office supplies, equipment,
23  and publications made by the Florida Retired Educators
24  Association and its local chapters.
25         (h)  Guide dogs for the blind.--Also exempt are the
26  sale or rental of guide dogs for the blind, commonly referred
27  to as "seeing-eye dogs," and the sale of food or other items
28  for such guide dogs.
29         1.  The department shall issue a consumer's certificate
30  of exemption to any blind person who holds an identification
31  card as provided for in s. 413.091 and who either owns or
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  1  rents, or contemplates the ownership or rental of, a guide dog
  2  for the blind. The consumer's certificate of exemption shall
  3  be issued without charge and shall be of such size as to be
  4  capable of being carried in a wallet or billfold.
  5         2.  The department shall make such rules concerning
  6  items exempt from tax under the provisions of this paragraph
  7  as may be necessary to provide that any person authorized to
  8  have a consumer's certificate of exemption need only present
  9  such a certificate at the time of paying for exempt goods and
10  shall not be required to pay any tax thereon.
11         (i)  Hospital meals and rooms.--Also exempt from
12  payment of the tax imposed by this chapter on rentals and
13  meals are patients and inmates of any hospital or other
14  physical plant or facility designed and operated primarily for
15  the care of persons who are ill, aged, infirm, mentally or
16  physically incapacitated, or otherwise dependent on special
17  care or attention. Residents of a home for the aged are exempt
18  from payment of taxes on meals provided through the facility.
19  A home for the aged is defined as a facility that is licensed
20  or certified in part or in whole under chapter 400 or chapter
21  651, or that is financed by a mortgage loan made or insured by
22  the United States Department of Housing and Urban Development
23  under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4),
24  s. 232, or s. 236 of the National Housing Act, or other such
25  similar facility designed and operated primarily for the care
26  of the aged.
27         (j)  Household fuels.--Also exempt from payment of the
28  tax imposed by this chapter are sales of utilities to
29  residential households or owners of residential models in this
30  state by utility companies who pay the gross receipts tax
31  imposed under s. 203.01, and sales of fuel to residential
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  1  households or owners of residential models, including oil,
  2  kerosene, liquefied petroleum gas, coal, wood, and other fuel
  3  products used in the household or residential model for the
  4  purposes of heating, cooking, lighting, and refrigeration,
  5  regardless of whether such sales of utilities and fuels are
  6  separately metered and billed direct to the residents or are
  7  metered and billed to the landlord. If any part of the utility
  8  or fuel is used for a nonexempt purpose, the entire sale is
  9  taxable. The landlord shall provide a separate meter for
10  nonexempt utility or fuel consumption.  For the purposes of
11  this paragraph, licensed family day care homes shall also be
12  exempt.
13         (k)  Meals provided by certain nonprofit
14  organizations.--There is exempt from the tax imposed by this
15  chapter the sale of prepared meals by a nonprofit volunteer
16  organization to handicapped, elderly, or indigent persons when
17  such meals are delivered as a charitable function by the
18  organization to such persons at their places of residence.
19         (l)  Organizations providing special educational,
20  cultural, recreational, and social benefits to minors.--Also
21  exempt from the tax imposed by this chapter are sales or
22  leases to and sales of donated property by nonprofit
23  organizations which are incorporated pursuant to chapter 617
24  the primary purpose of which is providing activities that
25  contribute to the development of good character or good
26  sportsmanship, or to the educational or cultural development,
27  of minors.  This exemption is extended only to that level of
28  the organization that has a salaried executive officer or an
29  elected nonsalaried executive officer. For the purpose of this
30  paragraph, the term "donated property" means any property
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  1  transferred to such nonprofit organization for less than 50
  2  percent of its fair market value.
  3         (m)  Religious institutions.--
  4         1.  There are exempt from the tax imposed by this
  5  chapter transactions involving sales or leases directly to
  6  religious institutions when used in carrying on their
  7  customary nonprofit religious activities or sales or leases of
  8  tangible personal property by religious institutions having an
  9  established physical place for worship at which nonprofit
10  religious services and activities are regularly conducted and
11  carried on.
12         2.  As used in this paragraph, the term "religious
13  institutions" means churches, synagogues, and established
14  physical places for worship at which nonprofit religious
15  services and activities are regularly conducted and carried
16  on. The term "religious institutions" includes nonprofit
17  corporations the sole purpose of which is to provide free
18  transportation services to church members, their families, and
19  other church attendees. The term "religious institutions" also
20  includes nonprofit state, nonprofit district, or other
21  nonprofit governing or administrative offices the function of
22  which is to assist or regulate the customary activities of
23  religious institutions. The term "religious institutions" also
24  includes any nonprofit corporation that is qualified as
25  nonprofit under s. 501(c)(3) of the Internal Revenue Code of
26  1986, as amended, and that owns and operates a Florida
27  television station, at least 90 percent of the programming of
28  which station consists of programs of a religious nature and
29  the financial support for which, exclusive of receipts for
30  broadcasting from other nonprofit organizations, is
31  predominantly from contributions from the general public. The
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  1  term "religious institutions" also includes any nonprofit
  2  corporation that is qualified as nonprofit under s. 501(c)(3)
  3  of the Internal Revenue Code of 1986, as amended, the primary
  4  activity of which is making and distributing audio recordings
  5  of religious scriptures and teachings to blind or visually
  6  impaired persons at no charge. The term "religious
  7  institutions" also includes any nonprofit corporation that is
  8  qualified as nonprofit under s. 501(c)(3) of the Internal
  9  Revenue Code of 1986, as amended, the sole or primary function
10  of which is to provide, upon invitation, nonprofit religious
11  services, evangelistic services, religious education,
12  administrative assistance, or missionary assistance for a
13  church, synagogue, or established physical place of worship at
14  which nonprofit religious services and activities are
15  regularly conducted.
16         (n)  Veterans' organizations.--
17         1.  There are exempt from the tax imposed by this
18  chapter transactions involving sales or leases to qualified
19  veterans' organizations and their auxiliaries when used in
20  carrying on their customary veterans' organization activities.
21         2.  As used in this paragraph, the term "veterans'
22  organizations" means nationally chartered or recognized
23  veterans' organizations, including, but not limited to,
24  Florida chapters of the Paralyzed Veterans of America,
25  Catholic War Veterans of the U.S.A., Jewish War Veterans of
26  the U.S.A., and the Disabled American Veterans, Department of
27  Florida, Inc., which hold current exemptions from federal
28  income tax under s. 501(c)(4) or (19) of the Internal Revenue
29  Code of 1986, as amended.
30
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  1         (o)  Schools, colleges, and universities.--Also exempt
  2  from the tax imposed by this chapter are sales or leases to
  3  state tax-supported schools, colleges, or universities.
  4         (p)  Section 501(c)(3) organizations.--Also exempt from
  5  the tax imposed by this chapter are sales or leases to
  6  organizations determined by the Internal Revenue Service to be
  7  currently exempt from federal income tax pursuant to s.
  8  501(c)(3) of the Internal Revenue Code of 1986, as amended,
  9  when such leases or purchases are used in carrying on their
10  customary nonprofit activities. The effective date of the
11  sales tax exemption certificate issued by the department to
12  the organization must be the same as the effective date of the
13  organization's exemption from federal income tax as determined
14  by the Internal Revenue Service or January 1, 2000, whichever
15  is later. Upon receipt of the certificate, as provided in s.
16  215.26, the organization may apply to the department to obtain
17  a refund of taxes paid on eligible purchases or leases after
18  the effective date of the certificate but before receipt of
19  the certificate. The department shall authorize a refund upon
20  an affirmative showing by the taxpayer to the satisfaction of
21  the department that the requirements of s. 213.255 and this
22  paragraph have been met.
23         1.  To satisfy the requirements of s. 213.255(2)(b),
24  the following must be provided with the application:
25         a.  A copy of the exemption certificate issued to the
26  501(c)(3) organization.
27         b.  The sales invoices or other proofs of purchase or
28  lease showing the name and business address of the purchaser,
29  the price or rental payment and the amount of sales tax paid,
30  the date of purchase, and the names and addresses of the sales
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  1  tax dealers or lessors from whom the items or leases were
  2  purchased.
  3         c.  Proof that payment for the exempt items or leases
  4  was made directly from the funds of the 501(c)(3) organization
  5  claiming to be entitled to the refund. This proof must
  6  include, but is not limited to, copies of the front and back
  7  of any canceled check paid to a sales tax dealer or lessor.
  8         2.  Section 212.095 does not apply to any application
  9  for refund which is made under this paragraph.
10         (q)  Resource recovery equipment.--Also exempt is
11  resource recovery equipment which is owned and operated by or
12  on behalf of any county or municipality, certified by the
13  Department of Environmental Protection under the provisions of
14  s. 403.715.
15         (r)  School books and school lunches.--This exemption
16  applies to school books used in regularly prescribed courses
17  of study, and to school lunches served in public, parochial,
18  or nonprofit schools operated for and attended by pupils of
19  grades K through 12.  Yearbooks, magazines, newspapers,
20  directories, bulletins, and similar publications distributed
21  by such educational institutions to their students are also
22  exempt. School books and food sold or served at community
23  colleges and other institutions of higher learning are
24  taxable.
25         (s)  Tasting beverages.--Vinous and alcoholic beverages
26  provided by distributors or vendors for the purpose of "wine
27  tasting" and "spirituous beverage tasting" as contemplated
28  under the provisions of ss. 564.06 and 565.12, respectively,
29  are exempt from the tax imposed by this chapter.
30         (t)  Boats temporarily docked in state.--
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  1         1.  Notwithstanding the provisions of chapter 328,
  2  pertaining to the registration of vessels, a boat upon which
  3  the state sales or use tax has not been paid is exempt from
  4  the use tax under this chapter if it enters and remains in
  5  this state for a period not to exceed a total of 20 days in
  6  any calendar year calculated from the date of first dockage or
  7  slippage at a facility, registered with the department, that
  8  rents dockage or slippage space in this state.  If a boat
  9  brought into this state for use under this paragraph is placed
10  in a facility, registered with the department, for repairs,
11  alterations, refitting, or modifications and such repairs,
12  alterations, refitting, or modifications are supported by
13  written documentation, the 20-day period shall be tolled
14  during the time the boat is physically in the care, custody,
15  and control of the repair facility, including the time spent
16  on sea trials conducted by the facility.  The 20-day time
17  period may be tolled only once within a calendar year when a
18  boat is placed for the first time that year in the physical
19  care, custody, and control of a registered repair facility;
20  however, the owner may request and the department may grant an
21  additional tolling of the 20-day period for purposes of
22  repairs that arise from a written guarantee given by the
23  registered repair facility, which guarantee covers only those
24  repairs or modifications made during the first tolled period.
25  Within 72 hours after the date upon which the registered
26  repair facility took possession of the boat, the facility must
27  have in its possession, on forms prescribed by the department,
28  an affidavit which states that the boat is under its care,
29  custody, and control and that the owner does not use the boat
30  while in the facility.  Upon completion of the repairs,
31  alterations, refitting, or modifications, the registered
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  1  repair facility must, within 72 hours after the date of
  2  release, have in its possession a copy of the release form
  3  which shows the date of release and any other information the
  4  department requires. The repair facility shall maintain a log
  5  that documents all alterations, additions, repairs, and sea
  6  trials during the time the boat is under the care, custody,
  7  and control of the facility.  The affidavit shall be
  8  maintained by the registered repair facility as part of its
  9  records for as long as required by s. 213.35.  When, within 6
10  months after the date of its purchase, a boat is brought into
11  this state under this paragraph, the 6-month period provided
12  in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled.
13         2.  During the period of repairs, alterations,
14  refitting, or modifications and during the 20-day period
15  referred to in subparagraph 1., the boat may be listed for
16  sale, contracted for sale, or sold exclusively by a broker or
17  dealer registered with the department without incurring a use
18  tax under this chapter; however, the sales tax levied under
19  this chapter applies to such sale.
20         3.  The mere storage of a boat at a registered repair
21  facility does not qualify as a tax-exempt use in this state.
22         4.  As used in this paragraph, "registered repair
23  facility" means:
24         a.  A full-service facility that:
25         (I)  Is located on a navigable body of water;
26         (II)  Has haulout capability such as a dry dock, travel
27  lift, railway, or similar equipment to service craft under the
28  care, custody, and control of the facility;
29         (III)  Has adequate piers and storage facilities to
30  provide safe berthing of vessels in its care, custody, and
31  control; and
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  1         (IV)  Has necessary shops and equipment to provide
  2  repair or warranty work on vessels under the care, custody,
  3  and control of the facility;
  4         b.  A marina that:
  5         (I)  Is located on a navigable body of water;
  6         (II)  Has adequate piers and storage facilities to
  7  provide safe berthing of vessels in its care, custody, and
  8  control; and
  9         (III)  Has necessary shops and equipment to provide
10  repairs or warranty work on vessels; or
11         c.  A shoreside facility that:
12         (I)  Is located on a navigable body of water;
13         (II)  Has adequate piers and storage facilities to
14  provide safe berthing of vessels in its care, custody, and
15  control; and
16         (III)  Has necessary shops and equipment to provide
17  repairs or warranty work.
18         (u)  Volunteer fire departments.--Also exempt are
19  firefighting and rescue service equipment and supplies
20  purchased by volunteer fire departments, duly chartered under
21  the Florida Statutes as corporations not for profit.
22         (v)  Professional services.--
23         1.  Also exempted are professional, insurance, or
24  personal service transactions that involve sales as
25  inconsequential elements for which no separate charges are
26  made.
27         2.  The personal service transactions exempted pursuant
28  to subparagraph 1. do not exempt the sale of information
29  services involving the furnishing of printed, mimeographed, or
30  multigraphed matter, or matter duplicating written or printed
31  matter in any other manner, other than professional services
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  1  and services of employees, agents, or other persons acting in
  2  a representative or fiduciary capacity or information services
  3  furnished to newspapers and radio and television stations.  As
  4  used in this subparagraph, the term "information services"
  5  includes the services of collecting, compiling, or analyzing
  6  information of any kind or nature and furnishing reports
  7  thereof to other persons.
  8         3.  This exemption does not apply to any service
  9  warranty transaction taxable under s. 212.0506.
10         4.  This exemption does not apply to any service
11  transaction taxable under s. 212.05(1)(j).
12         (w)  Certain newspaper, magazine, and newsletter
13  subscriptions, shoppers, and community newspapers.--Likewise
14  exempt are newspaper, magazine, and newsletter subscriptions
15  in which the product is delivered to the customer by mail.
16  Also exempt are free, circulated publications that are
17  published on a regular basis, the content of which is
18  primarily advertising, and that are distributed through the
19  mail, home delivery, or newsstands. The exemption for
20  newspaper, magazine, and newsletter subscriptions which is
21  provided in this paragraph applies only to subscriptions
22  entered into after March 1, 1997.
23         (x)  Sporting equipment brought into the
24  state.--Sporting equipment brought into Florida, for a period
25  of not more than 4 months in any calendar year, used by an
26  athletic team or an individual athlete in a sporting event is
27  exempt from the use tax if such equipment is removed from the
28  state within 7 days after the completion of the event.
29         (y)  Charter fishing vessels.--The charge for
30  chartering any boat or vessel, with the crew furnished, solely
31  for the purpose of fishing is exempt from the tax imposed
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  1  under s. 212.04 or s. 212.05.  This exemption does not apply
  2  to any charge to enter or stay upon any "head-boat," party
  3  boat, or other boat or vessel.  Nothing in this paragraph
  4  shall be construed to exempt any boat from sales or use tax
  5  upon the purchase thereof except as provided in paragraph (t)
  6  and s. 212.05.
  7         (z)  Vending machines sponsored by nonprofit or
  8  charitable organizations.--Also exempt are food or drinks for
  9  human consumption sold for 25 cents or less through a
10  coin-operated vending machine sponsored by a nonprofit
11  corporation qualified as nonprofit pursuant to s. 501(c)(3) or
12  (4) of the Internal Revenue Code of 1986, as amended.
13         (aa)  Certain commercial vehicles.--Also exempt is the
14  sale, lease, or rental of a commercial motor vehicle as
15  defined in s. 207.002(2), when the following conditions are
16  met:
17         1.  The sale, lease, or rental occurs between two
18  commonly owned and controlled corporations;
19         2.  Such vehicle was titled and registered in this
20  state at the time of the sale, lease, or rental; and
21         3.  Florida sales tax was paid on the acquisition of
22  such vehicle by the seller, lessor, or renter.
23         (bb)  Community cemeteries.--Also exempt are purchases
24  by any nonprofit corporation that has qualified under s.
25  501(c)(13) of the Internal Revenue Code of 1986, as amended,
26  and is operated for the purpose of maintaining a cemetery that
27  was donated to the community by deed.
28         (cc)  Works of art.--
29         1.  Also exempt are works of art sold to or used by an
30  educational institution.
31
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  1         2.  This exemption also applies to the sale to or use
  2  in this state of any work of art by any person if it was
  3  purchased or imported exclusively for the purpose of being
  4  donated to any educational institution, or loaned to and made
  5  available for display by any educational institution, provided
  6  that the term of the loan agreement is for at least 10 years.
  7         3.  The exemption provided by this paragraph for
  8  donations is allowed only if the person who purchased the work
  9  of art transfers title to the donated work of art to an
10  educational institution. Such transfer of title shall be
11  evidenced by an affidavit meeting requirements established by
12  rule to document entitlement to the exemption. Nothing in this
13  paragraph shall preclude a work of art donated to an
14  educational institution from remaining in the possession of
15  the donor or purchaser, as long as title to the work of art
16  lies with the educational institution.
17         4.  A work of art is presumed to have been purchased in
18  or imported into this state exclusively for loan as provided
19  in subparagraph 2., if it is so loaned or placed in storage in
20  preparation for such a loan within 90 days after purchase or
21  importation, whichever is later; but a work of art is not
22  deemed to be placed in storage in preparation for loan for
23  purposes of this exemption if it is displayed at any place
24  other than an educational institution.
25         5.  The exemptions provided by this paragraph are
26  allowed only if the person who purchased the work of art gives
27  to the vendor an affidavit meeting the requirements,
28  established by rule, to document entitlement to the exemption.
29  The person who purchased the work of art shall forward a copy
30  of such affidavit to the Department of Revenue at the time it
31  is issued to the vendor.
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  1         6.  The exemption for loans provided by subparagraph 2.
  2  applies only for the period during which a work of art is in
  3  the possession of the educational institution or is in storage
  4  before transfer of possession to that institution; and when it
  5  ceases to be so possessed or held, tax based upon the sales
  6  price paid by the owner is payable, and the statute of
  7  limitations provided in s. 95.091 shall begin to run at that
  8  time. However, tax shall not become due if the work of art is
  9  donated to an educational institution after the loan ceases.
10         7.  Any educational institution to which a work of art
11  has been donated pursuant to this paragraph shall make
12  available to the department the title to the work of art and
13  any other relevant information. Any educational institution
14  which has received a work of art on loan pursuant to this
15  paragraph shall make available to the department information
16  relating to the work of art. Any educational institution that
17  transfers from its possession a work of art as defined by this
18  paragraph which has been loaned to it must notify the
19  Department of Revenue within 60 days after the transfer.
20         8.  For purposes of the exemptions provided by this
21  paragraph, the term:
22         a.  "Educational institutions" includes state
23  tax-supported, parochial, church, and nonprofit private
24  schools, colleges, or universities that conduct regular
25  classes and courses of study required for accreditation by or
26  membership in the Southern Association of Colleges and
27  Schools, the Florida Council of Independent Schools, or the
28  Florida Association of Christian Colleges and Schools, Inc.;
29  nonprofit private schools that conduct regular classes and
30  courses of study accepted for continuing education credit by a
31  board of the Division of Medical Quality Assurance of the
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  1  Department of Health; or nonprofit libraries, art galleries,
  2  performing arts centers that provide educational programs to
  3  school children, which programs involve performances or other
  4  educational activities at the performing arts center and serve
  5  a minimum of 50,000 school children a year, and museums open
  6  to the public.
  7         b.  "Work of art" includes pictorial representations,
  8  sculpture, jewelry, antiques, stamp collections and coin
  9  collections, and other tangible personal property, the value
10  of which is attributable predominantly to its artistic,
11  historical, political, cultural, or social importance.
12         (dd)  Taxicab leases.--The lease of or license to use a
13  taxicab or taxicab-related equipment and services provided by
14  a taxicab company to an independent taxicab operator are
15  exempt, provided, however, the exemptions provided under this
16  paragraph only apply if sales or use tax has been paid on the
17  acquisition of the taxicab and its related equipment.
18         (ee)  Aircraft repair and maintenance labor
19  charges.--There shall be exempt from the tax imposed by this
20  chapter all labor charges for the repair and maintenance of
21  aircraft of more than 15,000 pounds maximum certified takeoff
22  weight and rotary wing aircraft of more than 10,000 pounds
23  maximum certified takeoff weight. Except as otherwise provided
24  in this chapter, charges for parts and equipment furnished in
25  connection with such labor charges are taxable.
26         (ff)  Certain electricity or steam uses.--
27         1.  Subject to the provisions of subparagraph 4.,
28  charges for electricity or steam used to operate machinery and
29  equipment at a fixed location in this state when such
30  machinery and equipment is used to manufacture, process,
31  compound, produce, or prepare for shipment items of tangible
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  1  personal property for sale, or to operate pollution control
  2  equipment, recycling equipment, maintenance equipment, or
  3  monitoring or control equipment used in such operations are
  4  exempt to the extent provided in this paragraph. If 75 percent
  5  or more of the electricity or steam used at the fixed location
  6  is used to operate qualifying machinery or equipment, 100
  7  percent of the charges for electricity or steam used at the
  8  fixed location are exempt. If less than 75 percent but 50
  9  percent or more of the electricity or steam used at the fixed
10  location is used to operate qualifying machinery or equipment,
11  50 percent of the charges for electricity or steam used at the
12  fixed location are exempt. If less than 50 percent of the
13  electricity or steam used at the fixed location is used to
14  operate qualifying machinery or equipment, none of the charges
15  for electricity or steam used at the fixed location are
16  exempt.
17         2.  This exemption applies only to industries
18  classified under SIC Industry Major Group Numbers 10, 12, 13,
19  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
20  35, 36, 37, 38, and 39 and Industry Group Number 212. As used
21  in this paragraph, "SIC" means those classifications contained
22  in the Standard Industrial Classification Manual, 1987, as
23  published by the Office of Management and Budget, Executive
24  Office of the President.
25         3.  Possession by a seller of a written certification
26  by the purchaser, certifying the purchaser's entitlement to an
27  exemption permitted by this subsection, relieves the seller
28  from the responsibility of collecting the tax on the
29  nontaxable amounts, and the department shall look solely to
30  the purchaser for recovery of such tax if it determines that
31  the purchaser was not entitled to the exemption.
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  1         4.  Such exemption shall be applied as follows:
  2         a.  Beginning July 1, 1996, 20 percent of the charges
  3  for such electricity shall be exempt.
  4         b.  Beginning July 1, 1997, 40 percent of the charges
  5  for such electricity shall be exempt.
  6         c.  Beginning July 1, 1998, 60 percent of the charges
  7  for such electricity or steam shall be exempt.
  8         d.  Beginning July 1, 1999, 80 percent of the charges
  9  for such electricity or steam shall be exempt.
10         e.  Beginning July 1, 2000, 100 percent of the charges
11  for such electricity or steam shall be exempt.
12         5.  Notwithstanding any other provision in this
13  paragraph to the contrary, in order to receive the exemption
14  provided in this paragraph a taxpayer must first register with
15  the WAGES Program Business Registry established by the local
16  WAGES coalition for the area in which the taxpayer is located.
17  Such registration establishes a commitment on the part of the
18  taxpayer to hire WAGES program participants to the maximum
19  extent possible consistent with the nature of their business.
20         5.6.a.  In order to determine whether the exemption
21  provided in this paragraph from the tax on charges for
22  electricity or steam has an effect on retaining or attracting
23  companies to this state, the Office of Program Policy Analysis
24  and Government Accountability shall monitor and report on the
25  industries receiving the exemption.
26         b.  The report shall be submitted no later than January
27  1, 2001, and must be comprehensive in scope, but, at a
28  minimum, must be conducted in such a manner as to specifically
29  determine the number of companies within each SIC Industry
30  Major Group receiving the exemption as of September 1, 2000,
31  the number of individuals employed by companies within each
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  1  SIC Industry Major Group receiving the exemption as of
  2  September 1, 2000, whether the change, if any, in such number
  3  of companies or employees is attributable to the exemption
  4  provided in this paragraph, whether it would be sound public
  5  policy to continue or discontinue the exemption, and the
  6  consequences of doing so.
  7         c.  The report shall be submitted to the President of
  8  the Senate, the Speaker of the House of Representatives, the
  9  Senate Minority Leader, and the House Minority Leader.
10         (gg)  Fair associations.--Also exempt from the tax
11  imposed by this chapter is the sale, use, lease, rental, or
12  grant of a license to use, made directly to or by a fair
13  association, of real or tangible personal property; any charge
14  made by a fair association, or its agents, for parking,
15  admissions, or for temporary parking of vehicles used for
16  sleeping quarters; rentals, subleases, and sublicenses of real
17  or tangible personal property between the owner of the central
18  amusement attraction and any owner of an amusement ride, as
19  those terms are used in ss. 616.15(1)(b) and 616.242(3)(a),
20  for the furnishing of amusement rides at a public fair or
21  exposition; and other transactions of a fair association which
22  are incurred directly by the fair association in the
23  financing, construction, and operation of a fair, exposition,
24  or other event or facility that is authorized by s. 616.08. As
25  used in this paragraph, the terms "fair association" and
26  "public fair or exposition" have the same meaning as those
27  terms are defined in s. 616.001. This exemption does not apply
28  to the sale of tangible personal property made by a fair
29  association through an agent or independent contractor; sales
30  of admissions and tangible personal property by a
31  concessionaire, vendor, exhibitor, or licensee; or rentals and
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  1  subleases of tangible personal property or real property
  2  between the owner of the central amusement attraction and a
  3  concessionaire, vendor, exhibitor, or licensee, except for the
  4  furnishing of amusement rides, which transactions are exempt.
  5         (hh)  Citizen support organizations.--Also exempt from
  6  the tax imposed by this chapter are sales or leases to
  7  nonprofit organizations that are incorporated under chapter
  8  617 and that have been designated citizen support
  9  organizations in support of state-funded environmental
10  programs or the management of state-owned lands in accordance
11  with s. 20.2551, or to support one or more state parks in
12  accordance with s. 258.015.
13         (ii)  Florida Folk Festival.--There shall be exempt
14  from the tax imposed by this chapter income of a revenue
15  nature received from admissions to the Florida Folk Festival
16  held pursuant to s. 267.16 at the Stephen Foster State Folk
17  Culture Center, a unit of the state park system.
18         (jj)  Solar energy systems.--Also exempt are solar
19  energy systems or any component thereof.  The Florida Solar
20  Energy Center shall from time to time certify to the
21  department a list of equipment and requisite hardware
22  considered to be a solar energy system or a component thereof.
23  This exemption is repealed July 1, 2005.
24         (kk)  Nonprofit cooperative hospital laundries.--Also
25  exempt from the tax imposed by this chapter are sales or
26  leases to nonprofit organizations that are incorporated under
27  chapter 617 and which are treated, for federal income tax
28  purposes, as cooperatives under subchapter T of the Internal
29  Revenue Code, whose sole purpose is to offer laundry supplies
30  and services to their members, which members must all be
31
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  1  exempt from federal income tax pursuant to s. 501(c)(3) of the
  2  Internal Revenue Code.
  3         (ll)  Complimentary meals.--Also exempt from the tax
  4  imposed by this chapter are food or drinks that are furnished
  5  as part of a packaged room rate by any person offering for
  6  rent or lease any transient living accommodations as described
  7  in s. 509.013(4)(a) which are licensed under part I of chapter
  8  509 and which are subject to the tax under s. 212.03, if a
  9  separate charge or specific amount for the food or drinks is
10  not shown. Such food or drinks are considered to be sold at
11  retail as part of the total charge for the transient living
12  accommodations. Moreover, the person offering the
13  accommodations is not considered to be the consumer of items
14  purchased in furnishing such food or drinks and may purchase
15  those items under conditions of a sale for resale.
16         (mm)  Nonprofit corporation conducting the correctional
17  work programs.--Products sold pursuant to s. 946.515 by the
18  corporation organized pursuant to part II of chapter 946 are
19  exempt from the tax imposed by this chapter. This exemption
20  applies retroactively to July 1, 1983.
21         (nn)  Parent-teacher organizations, parent-teacher
22  associations, and schools having grades K through
23  12.--Parent-teacher organizations and associations the purpose
24  of which is to raise funds for schools teaching grades K
25  through 12 and which are qualified as educational institutions
26  as defined by sub-subparagraph (cc)8.a. associated with
27  schools having grades K through 12, and schools having grades
28  K through 12, may pay tax to their suppliers on the cost price
29  of school materials and supplies purchased, rented, or leased
30  for resale or rental to students in grades K through 12, of
31  items sold for fundraising purposes, and of items sold through
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  1  vending machines located on the school premises, in lieu of
  2  collecting the tax imposed by this chapter from the purchaser.
  3  This paragraph also applies to food or beverages sold through
  4  vending machines located in the student lunchroom or dining
  5  room of a school having kindergarten through grade 12.
  6         (oo)  Mobile home lot improvements.--Items purchased by
  7  developers for use in making improvements to a mobile home lot
  8  owned by the developer may be purchased tax-exempt as a sale
  9  for resale if made pursuant to a contract that requires the
10  developer to sell a mobile home to a purchaser, place the
11  mobile home on the lot, and make the improvements to the lot
12  for a single lump-sum price. The developer must collect and
13  remit sales tax on the entire lump-sum price.
14         (pp)  Veterans Administration.--When a veteran of the
15  armed forces purchases an aircraft, boat, mobile home, motor
16  vehicle, or other vehicle from a dealer pursuant to the
17  provisions of 38 U.S.C. s. 3902(a), or any successor provision
18  of the United States Code, the amount that is paid directly to
19  the dealer by the Veterans Administration is not taxable.
20  However, any portion of the purchase price which is paid
21  directly to the dealer by the veteran is taxable.
22         (qq)  Complimentary items.--There is exempt from the
23  tax imposed by this chapter:
24         1.  Any food or drink, whether or not cooked or
25  prepared on the premises, provided without charge as a sample
26  or for the convenience of customers by a dealer that primarily
27  sells food product items at retail.
28         2.  Any item given to a customer as part of a price
29  guarantee plan related to point-of-sale errors by a dealer
30  that primarily sells food products at retail.
31
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  1  The exemptions in this paragraph do not apply to businesses
  2  with the primary activity of serving prepared meals or
  3  alcoholic beverages for immediate consumption.
  4         (rr)  Donated foods or beverages.--Any food or beverage
  5  donated by a dealer that sells food products at retail to a
  6  food bank or an organization that holds a current exemption
  7  from federal corporate income tax pursuant to s. 501(c) of the
  8  Internal Revenue Code of 1986, as amended, is exempt from the
  9  tax imposed by this chapter.
10         (ss)  Racing dogs.--The sale of a racing dog by its
11  owner is exempt if the owner is also the breeder of the
12  animal.
13         (tt)  Equipment used in aircraft repair and
14  maintenance.--There shall be exempt from the tax imposed by
15  this chapter replacement engines, parts, and equipment used in
16  the repair or maintenance of aircraft of more than 15,000
17  pounds maximum certified takeoff weight and rotary wing
18  aircraft of more than 10,300 pounds maximum certified takeoff
19  weight, when such parts or equipment are installed on such
20  aircraft that is being repaired or maintained in this state.
21         (uu)  Aircraft sales or leases.--The sale or lease of
22  an aircraft of more than 15,000 pounds maximum certified
23  takeoff weight for use by a common carrier is exempt from the
24  tax imposed by this chapter. As used in this paragraph,
25  "common carrier" means an airline operating under Federal
26  Aviation Administration regulations contained in Title 14,
27  chapter I, part 121 or part 129 of the Code of Federal
28  Regulations.
29         (vv)  Nonprofit water systems.--Sales or leases to a
30  not-for-profit corporation which holds a current exemption
31  from federal income tax under s. 501(c)(4) or (12) of the
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  1  Internal Revenue Code, as amended, are exempt from the tax
  2  imposed by this chapter if the sole or primary function of the
  3  corporation is to construct, maintain, or operate a water
  4  system in this state.
  5         (ww)  Library cooperatives.--Sales or leases to library
  6  cooperatives certified under s. 257.41(2) are exempt from the
  7  tax imposed by this chapter.
  8         (xx)  Advertising agencies.--
  9         1.  As used in this paragraph, the term "advertising
10  agency" means any firm that is primarily engaged in the
11  business of providing advertising materials and services to
12  its clients.
13         2.  The sale of advertising services by an advertising
14  agency to a client is exempt from the tax imposed by this
15  chapter. Also exempt from the tax imposed by this chapter are
16  items of tangible personal property such as photographic
17  negatives and positives, videos, films, galleys, mechanicals,
18  veloxes, illustrations, digital audiotapes, analog tapes,
19  printed advertisement copies, compact discs for the purpose of
20  recording, digital equipment, and artwork and the services
21  used to produce those items if the items are:
22         a.  Sold to an advertising agency that is acting as an
23  agent for its clients pursuant to contract, and are created
24  for the performance of advertising services for the clients;
25         b.  Produced, fabricated, manufactured, or otherwise
26  created by an advertising agency for its clients, and are used
27  in the performance of advertising services for the clients; or
28         c.  Sold by an advertising agency to its clients in the
29  performance of advertising services for the clients, whether
30  or not the charges for these items are marked up or separately
31  stated.
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  1
  2  The exemption provided by this subparagraph does not apply
  3  when tangible personal property such as film, paper, and
  4  videotapes is purchased to create items such as photographic
  5  negatives and positives, videos, films, galleys, mechanicals,
  6  veloxes, illustrations, and artwork that are sold to an
  7  advertising agency or produced in-house by an advertising
  8  agency on behalf of its clients.
  9         3.  The items exempted from tax under subparagraph 2.
10  and the creative services used by an advertising agency to
11  design the advertising for promotional goods such as displays,
12  display containers, exhibits, newspaper inserts, brochures,
13  catalogues, direct mail letters or flats, shirts, hats, pens,
14  pencils, key chains, or other printed goods or materials are
15  not subject to tax. However, when such promotional goods are
16  produced or reproduced for distribution, tax applies to the
17  sales price charged to the client for such promotional goods.
18         4.  For items purchased by an advertising agency and
19  exempt from tax under this paragraph, possession of an
20  exemption certificate from the advertising agency certifying
21  the agency's entitlement to exemption relieves the vendor of
22  the responsibility of collecting the tax on the sale of such
23  items to the advertising agency, and the department shall look
24  solely to the advertising agency for recovery of tax if it
25  determines that the advertising agency was not entitled to the
26  exemption.
27         5.  The exemptions provided by this paragraph apply
28  retroactively, except that all taxes that have been collected
29  must be remitted, and taxes that have been remitted before
30  July 1, 1999, on transactions that are subject to exemption
31  under this paragraph are not subject to refund.
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  1         6.  The department may adopt rules that interpret or
  2  define the provisions of these exemptions and provide examples
  3  regarding the application of these exemptions.
  4         (yy)  Bullion.--The sale of gold, silver, or platinum
  5  bullion, or any combination thereof, in a single transaction
  6  is exempt if the sales price exceeds $500. The dealer must
  7  maintain proper documentation, as prescribed by rule of the
  8  department, to identify that portion of a transaction which
  9  involves the sale of gold, silver, or platinum bullion and is
10  exempt under this paragraph.
11         (zz)  Certain repair and labor charges.--
12         1.  Subject to the provisions of subparagraphs 2. and
13  3., there is exempt from the tax imposed by this chapter all
14  labor charges for the repair of, and parts and materials used
15  in the repair of and incorporated into, industrial machinery
16  and equipment which is used for the manufacture, processing,
17  compounding, production, or preparation for shipping of items
18  of tangible personal property at a fixed location within this
19  state.
20         2.  This exemption applies only to industries
21  classified under SIC Industry Major Group Numbers 10, 12, 13,
22  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
23  35, 36, 37, 38, and 39 and Industry Group Number 212. As used
24  in this subparagraph, "SIC" means those classifications
25  contained in the Standard Industrial Classification Manual,
26  1987, as published by the Office of Management and Budget,
27  Executive Office of the President.
28         3.  This exemption shall be applied as follows:
29         a.  Beginning July 1, 1999, 25 percent of such charges
30  for repair parts and labor shall be exempt.
31
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  1         b.  Beginning July 1, 2000, 50 percent of such charges
  2  for repair parts and labor shall be exempt.
  3         c.  Beginning July 1, 2001, 75 percent of such charges
  4  for repair parts and labor shall be exempt.
  5         d.  Beginning July 1, 2002, 100 percent of such charges
  6  for repair parts and labor shall be exempt.
  7         (aaa)  Film and other printing supplies.--Also exempt
  8  are the following materials purchased, produced, or created by
  9  businesses classified under SIC Industry Numbers 275, 276,
10  277, 278, or 279 for use in producing graphic matter for sale:
11  film, photographic paper, dyes used for embossing and
12  engraving, artwork, typography, lithographic plates, and
13  negatives.  As used in this paragraph, "SIC" means those
14  classifications contained in the Standard Industrial
15  Classification Manual, 1987, as published by the Office of
16  Management and Budget, Executive Office of the President.
17         (bbb)  People-mover systems.--People-mover systems, and
18  parts thereof, which are purchased or manufactured by
19  contractors employed either directly by or as agents for the
20  United States Government, the state, a county, a municipality,
21  a political subdivision of the state, or the public operator
22  of a public-use airport as defined by s. 332.004(14) are
23  exempt from the tax imposed by this chapter when the systems
24  or parts go into or become part of publicly owned facilities.
25  In the case of contractors who manufacture and install such
26  systems and parts, this exemption extends to the purchase of
27  component parts and all other manufacturing and fabrication
28  costs. The department may provide a form to be used by
29  contractors to provide to suppliers of people-mover systems or
30  parts to certify the contractors' eligibility for the
31  exemption provided under this paragraph. As used in this
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  1  paragraph, "people-mover systems" includes wheeled passenger
  2  vehicles and related control and power distribution systems
  3  that are part of a transportation system for use by the
  4  general public, regardless of whether such vehicles are
  5  operator-controlled or driverless, self-propelled or propelled
  6  by external power and control systems, or conducted on roads,
  7  rails, guidebeams, or other permanent structures that are an
  8  integral part of such transportation system. "Related control
  9  and power distribution systems" includes any electrical or
10  electronic control or signaling equipment, but does not
11  include the embedded wiring, conduits, or cabling used to
12  transmit electrical or electronic signals among such control
13  equipment, power distribution equipment, signaling equipment,
14  and wheeled vehicles.
15         (ccc)  Organizations providing crime prevention, drunk
16  driving prevention, or juvenile delinquency prevention
17  services.--Sales or leases to any nonprofit organization that
18  provides crime prevention services, drunk driving prevention
19  services, or juvenile delinquency prevention services that
20  benefit society as a whole are exempt from the tax imposed by
21  this chapter, if the organization holds a current exemption
22  from federal income tax under s. 501(c)(3) of the Internal
23  Revenue Code and the organization has as its sole or primary
24  purpose the provision of services that contribute to the
25  prevention of hardships caused by crime, drunk driving, or
26  juvenile delinquency.
27         (ccc)(ddd)  Florida Fire and Emergency Services
28  Foundation.--Sales or leases to the Florida Fire and Emergency
29  Services Foundation are exempt from the tax imposed by this
30  chapter.
31
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  1         (ddd)(eee)  Railroad roadway materials.--Also exempt
  2  from the tax imposed by this chapter are railroad roadway
  3  materials used in the construction, repair, or maintenance of
  4  railways. Railroad roadway materials shall include rails,
  5  ties, ballasts, communication equipment, signal equipment,
  6  power transmission equipment, and any other track materials.
  7
  8  Exemptions provided to any entity by this subsection shall not
  9  inure to any transaction otherwise taxable under this chapter
10  when payment is made by a representative or employee of such
11  entity by any means, including, but not limited to, cash,
12  check, or credit card even when that representative or
13  employee is subsequently reimbursed by such entity.
14         Section 3.  (1)  The amendments to paragraphs (ff) and
15  (nn) of subsection (7) of section 212.08, Florida Statutes,
16  which are made by section 2 of this act apply retroactively to
17  July 1, 2000.
18         (2)  The amendments to the introductory paragraph, to
19  paragraph (p), and to the final, flush-left passage of
20  subsection (7) of section 212.08, Florida Statutes, which are
21  made by section 2 of this act are made to clarify rather than
22  change existing law, and these amendments apply retroactively
23  to January 1, 2001.
24         Section 4.  Effective upon this act becoming a law and
25  applying retroactively to July 1, 1996, paragraph (c) of
26  subsection (5) of section 212.08, Florida Statutes, is amended
27  to read:
28         212.08  Sales, rental, use, consumption, distribution,
29  and storage tax; specified exemptions.--The sale at retail,
30  the rental, the use, the consumption, the distribution, and
31  the storage to be used or consumed in this state of the
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  1  following are hereby specifically exempt from the tax imposed
  2  by this chapter.
  3         (5)  EXEMPTIONS; ACCOUNT OF USE.--
  4         (c)  Machinery and equipment used in production of
  5  electrical or steam energy.--
  6         1.  The purchase of machinery and equipment for use at
  7  a fixed location which machinery and equipment are necessary
  8  in the production of electrical or steam energy resulting from
  9  the burning of boiler fuels other than residual oil is exempt
10  from the tax imposed by this chapter.  Such electrical or
11  steam energy must be primarily for use in manufacturing,
12  processing, compounding, or producing for sale items of
13  tangible personal property in this state. Use of a de minimis
14  amount of residual fuel to facilitate the burning of
15  nonresidual fuel shall not reduce the exemption otherwise
16  available under this paragraph.
17         2.  In facilities where machinery and equipment are
18  necessary to burn both residual and nonresidual fuels, the
19  exemption shall be prorated. Such proration shall be based
20  upon the production of electrical or steam energy from
21  nonresidual fuels as a percentage of electrical or steam
22  energy from all fuels. If it is determined that 15 percent or
23  less of all electrical or steam energy generated was produced
24  by burning residual fuel, the full exemption shall apply.
25  Purchasers claiming a partial exemption shall obtain such
26  exemption by refund of taxes paid, or as otherwise provided in
27  the department's rules.
28         3.  The department may adopt rules that provide for
29  implementation of this exemption. Purchasers of machinery and
30  equipment qualifying for the exemption provided in this
31  paragraph shall furnish the vendor department with an
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  1  affidavit stating that the item or items to be exempted are
  2  for the use designated herein. Any person furnishing a false
  3  affidavit to the vendor for the purpose of evading payment of
  4  any tax imposed under this chapter shall be subject to the
  5  penalty set forth in s. 212.085 and as otherwise provided by
  6  law. Purchasers with self-accrual authority shall maintain all
  7  documentation necessary to prove the exempt status of
  8  purchases.
  9         Section 5.  Effective July 1, 2001, paragraphs (b),
10  (d), and (f) of subsection (5) of section 212.08, Florida
11  Statutes, are amended to read:
12         212.08  Sales, rental, use, consumption, distribution,
13  and storage tax; specified exemptions.--The sale at retail,
14  the rental, the use, the consumption, the distribution, and
15  the storage to be used or consumed in this state of the
16  following are hereby specifically exempt from the tax imposed
17  by this chapter.
18         (5)  EXEMPTIONS; ACCOUNT OF USE.--
19         (b)  Machinery and equipment used to increase
20  productive output.--
21         1.  Industrial machinery and equipment purchased for
22  exclusive use by a new business in spaceport activities as
23  defined by s. 212.02 or for use in new businesses which
24  manufacture, process, compound, or produce for sale items of
25  tangible personal property at fixed locations are exempt from
26  the tax imposed by this chapter upon an affirmative showing by
27  the taxpayer to the satisfaction of the department that such
28  items are used in a new business in this state. Such purchases
29  must be made prior to the date the business first begins its
30  productive operations, and delivery of the purchased item must
31  be made within 12 months of that date.
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  1         2.a.  Industrial machinery and equipment purchased for
  2  exclusive use by an expanding facility which is engaged in
  3  spaceport activities as defined by s. 212.02 or for use in
  4  expanding manufacturing facilities or plant units which
  5  manufacture, process, compound, or produce for sale items of
  6  tangible personal property at fixed locations in this state
  7  are exempt from any amount of tax imposed by this chapter in
  8  excess of $50,000 per calendar year upon an affirmative
  9  showing by the taxpayer to the satisfaction of the department
10  that such items are used to increase the productive output of
11  such expanded facility or business by not less than 10
12  percent.
13         b.  Notwithstanding any other provision of this
14  section, industrial machinery and equipment purchased for use
15  in expanding printing manufacturing facilities or plant units
16  that manufacture, process, compound, or produce for sale items
17  of tangible personal property at fixed locations in this state
18  are exempt from any amount of tax imposed by this chapter upon
19  an affirmative showing by the taxpayer to the satisfaction of
20  the department that such items are used to increase the
21  productive output of such an expanded business by not less
22  than 10 percent.
23         3.a.  To receive an exemption provided by subparagraph
24  1. or subparagraph 2., a qualifying business entity shall
25  apply to the department for a temporary tax exemption permit.
26  The application shall state that a new business exemption or
27  expanded business exemption is being sought. Upon a tentative
28  affirmative determination by the department pursuant to
29  subparagraph 1. or subparagraph 2., the department shall issue
30  such permit.
31
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  1         b.  The applicant shall be required to maintain all
  2  necessary books and records to support the exemption. Upon
  3  completion of purchases of qualified machinery and equipment
  4  pursuant to subparagraph 1. or subparagraph 2., the temporary
  5  tax permit shall be delivered to the department or returned to
  6  the department by certified or registered mail.
  7         c.  If, in a subsequent audit conducted by the
  8  department, it is determined that the machinery and equipment
  9  purchased as exempt under subparagraph 1. or subparagraph 2.
10  did not meet the criteria mandated by this paragraph or if
11  commencement of production did not occur, the amount of taxes
12  exempted at the time of purchase shall immediately be due and
13  payable to the department by the business entity, together
14  with the appropriate interest and penalty, computed from the
15  date of purchase, in the manner prescribed by this chapter.
16         d.  In the event a qualifying business entity fails to
17  apply for a temporary exemption permit or if the tentative
18  determination by the department required to obtain a temporary
19  exemption permit is negative, a qualifying business entity
20  shall receive the exemption provided in subparagraph 1. or
21  subparagraph 2. through a refund of previously paid taxes. No
22  refund may be made for such taxes unless the criteria mandated
23  by subparagraph 1. or subparagraph 2. have been met and
24  commencement of production has occurred.
25         4.  The department shall promulgate rules governing
26  applications for, issuance of, and the form of temporary tax
27  exemption permits; provisions for recapture of taxes; and the
28  manner and form of refund applications and may establish
29  guidelines as to the requisites for an affirmative showing of
30  increased productive output, commencement of production, and
31  qualification for exemption.
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  1         5.  The exemptions provided in subparagraphs 1. and 2.
  2  do not apply to machinery or equipment purchased or used by
  3  electric utility companies, communications companies, oil or
  4  gas exploration or production operations, publishing firms
  5  that do not export at least 50 percent of their finished
  6  product out of the state, any firm subject to regulation by
  7  the Division of Hotels and Restaurants of the Department of
  8  Business and Professional Regulation, or any firm which does
  9  not manufacture, process, compound, or produce for sale items
10  of tangible personal property or which does not use such
11  machinery and equipment in spaceport activities as required by
12  this paragraph. The exemptions provided in subparagraphs 1.
13  and 2. shall apply to machinery and equipment purchased for
14  use in phosphate or other solid minerals severance, mining, or
15  processing operations only by way of a prospective credit
16  against taxes due under chapter 211 for taxes paid under this
17  chapter on such machinery and equipment.
18         6.  For the purposes of the exemptions provided in
19  subparagraphs 1. and 2., these terms have the following
20  meanings:
21         a.  "Industrial machinery and equipment" means tangible
22  personal property or other property that has a depreciable
23  life of 3 years or more and that is used as an integral part
24  in the manufacturing, processing, compounding, or production
25  of tangible personal property for sale or is exclusively used
26  in spaceport activities. A building and its structural
27  components are not industrial machinery and equipment unless
28  the building or structural component is so closely related to
29  the industrial machinery and equipment that it houses or
30  supports that the building or structural component can be
31  expected to be replaced when the machinery and equipment
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  1  itself is replaced. Heating and air conditioning systems are
  2  not industrial machinery and equipment, unless the sole
  3  justification for their installation is to meet the
  4  requirements of the production process, even though the system
  5  may provide incidental comfort to employees or serves, to an
  6  insubstantial degree, nonproduction activities. "section 38
  7  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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  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         (d)  Machinery and equipment used under federal
  5  procurement contract.--
  6         1.  Industrial machinery and equipment purchased by an
  7  expanding business which manufactures tangible personal
  8  property pursuant to federal procurement regulations at fixed
  9  locations in this state are partially exempt from the tax
10  imposed in this chapter on that portion of the tax which is in
11  excess of $100,000 per calendar year upon an affirmative
12  showing by the taxpayer to the satisfaction of the department
13  that such items are used to increase the implicit productive
14  output of the expanded business by not less than 10 percent.
15  The percentage of increase is measured as deflated implicit
16  productive output for the calendar year during which the
17  installation of the machinery or equipment is completed or
18  during which commencement of production utilizing such items
19  is begun divided by the implicit productive output for the
20  preceding calendar year.  In no case may the commencement of
21  production begin later than 2 years following completion of
22  installation of the machinery or equipment.
23         2.  The amount of the exemption allowed shall equal the
24  taxes otherwise imposed by this chapter in excess of $100,000
25  per calendar year on qualifying industrial machinery or
26  equipment reduced by the percentage of gross receipts from
27  cost-reimbursement type contracts attributable to the plant or
28  operation to total gross receipts so attributable, accrued for
29  the year of completion or commencement.
30         3.  The exemption provided by this paragraph shall
31  inure to the taxpayer only through refund of previously paid
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  1  taxes.  Such refund shall be made within 30 days of formal
  2  approval by the department of the taxpayer's application,
  3  which application may be made on an annual basis following
  4  installation of the machinery or equipment.
  5         4.  For the purposes of this paragraph, the term:
  6         a.  "Cost-reimbursement type contracts" has the same
  7  meaning as in 32 C.F.R. s. 3-405.
  8         b.  "Deflated implicit productive output" means the
  9  product of implicit productive output times the quotient of
10  the national defense implicit price deflator for the preceding
11  calendar year divided by the deflator for the year of
12  completion or commencement.
13         c.  "Eligible costs" means the total direct and
14  indirect costs, as defined in 32 C.F.R. ss. 15-202 and 15-203,
15  excluding general and administrative costs, selling expenses,
16  and profit, defined by the uniform cost-accounting standards
17  adopted by the Cost-Accounting Standards Board created
18  pursuant to 50 U.S.C. s. 2168.
19         d.  "Implicit productive output" means the annual
20  eligible costs attributable to all contracts or subcontracts
21  subject to federal procurement regulations of the single plant
22  or operation at which the machinery or equipment is used.
23         e.  "Industrial machinery and equipment" means tangible
24  personal property, or other property, that has a depreciable
25  life of 3 years or more, that qualifies as an eligible cost
26  under federal procurement regulations, and that is used as an
27  integral part of the process of production of tangible
28  personal property. A building and its structural components
29  are not industrial machinery and equipment unless the building
30  or structural component is so closely related to the
31  industrial machinery and equipment that it houses or supports
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  1  that the building or structural component can be expected to
  2  be replaced when the machinery and equipment itself is
  3  replaced. Heating and air conditioning systems are not
  4  industrial machinery and equipment, unless the sole
  5  justification for their installation is to meet the
  6  requirements of the production process, even though the system
  7  may provide incidental comfort to employees or serves, to an
  8  insubstantial degree, nonproduction activities. "section 38
  9  property" as defined in s. 48(a)(1)(A) and (B)(i) of the
10  Internal Revenue Code, provided such industrial machinery and
11  equipment qualified as an eligible cost under federal
12  procurement regulations and are used as an integral part of
13  the tangible personal property production process. Such term
14  includes parts and accessories only to the extent that the
15  exemption of such parts and accessories is consistent with the
16  provisions of this paragraph.
17         f.  "National defense implicit price deflator" means
18  the national defense implicit price deflator for the gross
19  national product as determined by the Bureau of Economic
20  Analysis of the United States Department of Commerce.
21         5.  The exclusions provided in subparagraph (b)5. apply
22  to this exemption.  This exemption applies only to machinery
23  or equipment purchased pursuant to production contracts with
24  the United States Department of Defense and Armed Forces, the
25  National Aeronautics and Space Administration, and other
26  federal agencies for which the contracts are classified for
27  national security reasons.  In no event shall the provisions
28  of this paragraph apply to any expanding business the increase
29  in productive output of which could be measured under the
30  provisions of sub-subparagraph (b)6.b. as physically
31  comparable between the two periods.
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  1         (f)  Motion picture or video equipment used in motion
  2  picture or television production activities and sound
  3  recording equipment used in the production of master tapes and
  4  master records.--
  5         1.  Motion picture or video equipment and sound
  6  recording equipment purchased or leased for use in this state
  7  in production activities is exempt from the tax imposed by
  8  this chapter. The exemption provided by this paragraph shall
  9  inure to the taxpayer upon presentation of the certificate of
10  exemption issued to the taxpayer under the provisions of s.
11  288.1258.
12         2.  For the purpose of the exemption provided in
13  subparagraph 1.:
14         a.  "Motion picture or video equipment" and "sound
15  recording equipment" includes only tangible personal property,
16  or other property, that has a depreciable life of 3 years or
17  more and equipment meeting the definition of "section 38
18  property" as defined in s. 48(a)(1)(A) and (B)(i) of the
19  Internal Revenue Code that is used by the lessee or purchaser
20  exclusively as an integral part of production activities;
21  however, motion picture or video equipment and sound recording
22  equipment does not include supplies, tape, records, film, or
23  video tape used in productions or other similar items;
24  vehicles or vessels; or general office equipment not
25  specifically suited to production activities.  In addition,
26  the term does not include equipment purchased or leased by
27  television or radio broadcasting or cable companies licensed
28  by the Federal Communications Commission. Furthermore, a
29  building and its structural components are not motion picture
30  or video equipment and sound recording equipment unless the
31  building or structural component is so closely related to the
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  1  motion picture or video equipment and sound recording
  2  equipment that it houses or supports that the building or
  3  structural component can be expected to be replaced when the
  4  motion picture or video equipment and sound recording
  5  equipment itself is replaced. Heating and air conditioning
  6  systems are not motion picture or video equipment and sound
  7  recording equipment, unless the sole justification for their
  8  installation is to meet the requirements of the production
  9  activities, even though the system may provide incidental
10  comfort to employees or serves, to an insubstantial degree,
11  nonproduction activities.
12         b.  "Production activities" means activities directed
13  toward the preparation of a:
14         (I)  Master tape or master record embodying sound; or
15         (II)  Motion picture or television production which is
16  produced for theatrical, commercial, advertising, or
17  educational purposes and utilizes live or animated actions or
18  a combination of live and animated actions. The motion picture
19  or television production shall be commercially produced for
20  sale or for showing on screens or broadcasting on television
21  and may be on film or video tape.
22         Section 6.  Effective July 1, 2001, subsection (10) of
23  section 212.08, Florida Statutes, is amended to read:
24         212.08  Sales, rental, use, consumption, distribution,
25  and storage tax; specified exemptions.--The sale at retail,
26  the rental, the use, the consumption, the distribution, and
27  the storage to be used or consumed in this state of the
28  following are hereby specifically exempt from the tax imposed
29  by this chapter.
30         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT
31  OF ANOTHER STATE.--
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  1         (a)  The tax collected on the sale of a new or used
  2  motor vehicle in this state to a resident of another state
  3  shall be an amount equal to the sales tax which would be
  4  imposed on such sale under the laws of the state of which the
  5  purchaser is a resident, except that such tax shall not exceed
  6  the tax that would otherwise be imposed under this chapter.
  7  At the time of the sale, the purchaser shall execute a
  8  notarized statement of his or her intent to license the
  9  vehicle in the state of which the purchaser is a resident
10  within 45 days of the sale and of the fact of the payment to
11  the State of Florida of a sales tax in an amount equivalent to
12  the sales tax of his or her state of residence and shall
13  submit the statement to the appropriate sales tax collection
14  agency in his or her state of residence. Nothing in this
15  subsection shall be construed to require the removal of the
16  vehicle from this state following the filing of an intent to
17  license the vehicle in the purchaser's home state if the
18  purchaser licenses the vehicle in his or her home state within
19  45 days after the date of sale.
20         (b)  Notwithstanding the partial exemption allowed in
21  paragraph (a), a vehicle is subject to this state's sales tax
22  at the applicable state sales tax rate plus authorized
23  surtaxes when the vehicle is purchased by a nonresident
24  corporation or partnership and:
25         1.  An officer of the corporation is a resident of this
26  state;
27         2.  A stockholder of the corporation who owns at least
28  10 percent of the corporation is a resident of this state; or
29         3.  A partner in the partnership who has at least 10
30  percent ownership is a resident of this state.
31
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  1  However, if the vehicle is removed from this state within 45
  2  days after purchase and remains outside the state for a
  3  minimum of 180 days, the vehicle may qualify for the partial
  4  exemption allowed in paragraph (a) despite the residency of
  5  owners or stockholders of the purchasing entity.
  6         Section 7.  Effective July 1, 2001, paragraph (b) of
  7  subsection (14) of section 212.06, Florida Statutes, is
  8  amended to read:
  9         212.06  Sales, storage, use tax; collectible from
10  dealers; "dealer" defined; dealers to collect from purchasers;
11  legislative intent as to scope of tax.--
12         (14)  For the purpose of determining whether a person
13  is improving real property, the term:
14         (b)  "Fixtures" means items that are an accessory to a
15  building, other structure, or land and that do not lose their
16  identity as accessories when installed but that do become
17  permanently attached to realty. However, the term does not
18  include the following items, whether or not such items are
19  attached to real property in a permanent manner:  trade
20  fixtures; property of a type that is required to be
21  registered, licensed, titled, or documented by this state or
22  by the United States Government, including, but not limited
23  to, mobile homes, except mobile homes assessed as real
24  property; or industrial machinery or equipment. For purposes
25  of this paragraph, industrial machinery or equipment is not
26  limited to machinery and equipment used to manufacture,
27  process, compound, or produce tangible personal property. For
28  an item to be considered a fixture, it is not necessary that
29  the owner of the item also own the real property to which it
30  is attached.
31
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  1         Section 8.  It is the intent of the Legislature that
  2  the amendment to section 212.06(14)(b), Florida Statutes,
  3  relating to industrial machinery or equipment, which is made
  4  by section 7 of this act is remedial in nature and merely
  5  clarifies existing law.
  6         Section 9.  Paragraph (a) of subsection (8) and
  7  subsection (9) of section 212.08, Florida Statutes, are
  8  amended to read:
  9         212.08  Sales, rental, use, consumption, distribution,
10  and storage tax; specified exemptions.--The sale at retail,
11  the rental, the use, the consumption, the distribution, and
12  the storage to be used or consumed in this state of the
13  following are hereby specifically exempt from the tax imposed
14  by this chapter.
15         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE
16  OR FOREIGN COMMERCE.--
17         (a)  The sale or use of vessels and parts thereof used
18  to transport persons or property in interstate or foreign
19  commerce, including commercial fishing vessels, is subject to
20  the taxes imposed in this chapter only to the extent provided
21  herein.  The basis of the tax shall be the ratio of intrastate
22  mileage to interstate or foreign mileage traveled by the
23  carrier's vessels which were used in interstate or foreign
24  commerce and which had at least some Florida mileage during
25  the previous fiscal year. The ratio would be determined at the
26  close of the carrier's fiscal year. However, during the fiscal
27  year in which the vessel begins its initial operations in this
28  state, the vessel's mileage apportionment factor may be
29  determined on the basis of an estimated ratio of anticipated
30  miles in this state to anticipated total miles for that year,
31  and, subsequently, additional tax must be paid on the vessel,
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  1  or a refund may be applied for, on the basis of the actual
  2  ratio of the vessel's miles in this state to its total miles
  3  for that year. This ratio shall be applied each month to the
  4  total Florida purchases of such vessels and parts thereof
  5  which are used in Florida to establish that portion of the
  6  total used and consumed in intrastate movement and subject to
  7  the tax at the applicable rate. The basis for imposition of
  8  any discretionary surtax shall be as set forth in s. 212.054.
  9  Items, appropriate to carry out the purposes for which a
10  vessel is designed or equipped and used, purchased by the
11  owner, operator, or agent of a vessel for use on board such
12  vessel shall be deemed to be parts of the vessel upon which
13  the same are used or consumed. Vessels and parts thereof used
14  to transport persons or property in interstate and foreign
15  commerce are hereby determined to be susceptible to a distinct
16  and separate classification for taxation under the provisions
17  of this chapter. Vessels and parts thereof used exclusively in
18  intrastate commerce do not qualify for the proration of tax.
19         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES
20  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--
21         (a)  Railroads which are licensed as common carriers by
22  the Surface Transportation Board Interstate Commerce
23  Commission and parts thereof used to transport persons or
24  property in interstate or foreign commerce are subject to tax
25  imposed in this chapter only to the extent provided herein.
26  The basis of the tax shall be the ratio of intrastate mileage
27  to interstate or foreign mileage traveled by the carrier
28  during the previous fiscal year of the carrier. Such ratio is
29  to be determined at the close of the carrier's fiscal year.
30  However, during the fiscal year in which the railroad begins
31  its initial operations in this state, the railroad's mileage
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  1  apportionment factor may be determined on the basis of an
  2  estimated ratio of anticipated miles in this state to
  3  anticipated total miles for that year, and, subsequently,
  4  additional tax must be paid on the railroad, or a refund may
  5  be applied for, on the basis of the actual ratio of the
  6  railroad's miles in this state to its total miles for that
  7  year. This ratio shall be applied each month to the Florida
  8  total purchases of the railroad which are used in this state
  9  to establish that portion of the total used and consumed in
10  intrastate movement and subject to tax under this chapter. The
11  basis for imposition of any discretionary surtax is set forth
12  in s. 212.054. Railroads which are licensed as common carriers
13  by the Surface Transportation Board Interstate Commerce
14  Commission and parts thereof used to transport persons or
15  property in interstate and foreign commerce are hereby
16  determined to be susceptible to a distinct and separate
17  classification for taxation under the provisions of this
18  chapter.
19         (b)  Motor vehicles which are engaged in interstate
20  commerce as common carriers, and parts thereof, used to
21  transport persons or property in interstate or foreign
22  commerce are subject to tax imposed in this chapter only to
23  the extent provided herein. The basis of the tax shall be the
24  ratio of intrastate mileage to interstate or foreign mileage
25  traveled by the carrier's motor vehicles which were used in
26  interstate or foreign commerce and which had at least some
27  Florida mileage during the previous fiscal year of the
28  carrier. Such ratio is to be determined at the close of the
29  carrier's fiscal year. However, during the fiscal year in
30  which the carrier begins its initial operations in this state,
31  the carrier's mileage apportionment factor may be determined
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  1  on the basis of an estimated ratio of anticipated miles in
  2  this state to anticipated total miles for that year, and,
  3  subsequently, additional tax must be paid on the carrier, or a
  4  refund may be applied for, on the basis of the actual ratio of
  5  the carrier's miles in this state to its total miles for that
  6  year. This ratio shall be applied each month to the Florida
  7  total purchases of such motor vehicles and parts thereof which
  8  are used in this state to establish that portion of the total
  9  used and consumed in intrastate movement and subject to tax
10  under this chapter. The basis for imposition of any
11  discretionary surtax is set forth in s. 212.054. Motor
12  vehicles which are engaged in interstate commerce, and parts
13  thereof, used to transport persons or property in interstate
14  and foreign commerce are hereby determined to be susceptible
15  to a distinct and separate classification for taxation under
16  the provisions of this chapter. Motor vehicles and parts
17  thereof used exclusively in intrastate commerce do not qualify
18  for the proration of tax.  For purposes of this paragraph,
19  parts of a motor vehicle engaged in interstate commerce
20  include a separate tank not connected to the fuel supply
21  system of the motor vehicle into which diesel fuel is placed
22  to operate a refrigeration unit or other equipment.
23         Section 10.  Effective July 1, 2001, subsection (4) of
24  section 220.22, Florida Statutes, is amended to read:
25         220.22  Returns; filing requirement.--
26         (4)  The department shall designate by rule certain
27  not-for-profit entities and others that are not required to
28  file a return, including an initial information return, under
29  this code unless the entities have taxable income as defined
30  in s. 220.13(2). These entities must include subchapter S
31  corporations, tax-exempt entities, and others that do not
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  1  usually owe federal income tax. For the year in which an
  2  election is made pursuant to s. 1361(b)(3) of the Internal
  3  Revenue Code, the qualified subchapter S subsidiary shall file
  4  an informational return with the department, which return
  5  shall be restricted to information identifying the subsidiary,
  6  the electing S corporation parent, and the effective date of
  7  the election.
  8         Section 11.  Effective July 1, 2001, subsection (10) of
  9  section 624.509, Florida Statutes, is repealed.
10         Section 12.  Subsection (2) of section 213.285, Florida
11  Statutes, is amended to read:
12         213.285  Certified audits.--
13         (2)(a)  The department is authorized to initiate a
14  certified audits project to further enhance tax compliance
15  reviews performed by qualified practitioners and to encourage
16  taxpayers to hire qualified practitioners at their own expense
17  to review and report on their tax compliance.  The nature of
18  certified audit work performed by qualified practitioners
19  shall be agreed-upon procedures in which the department is the
20  specified user of the resulting report.
21         (b)  As an incentive for taxpayers to incur the costs
22  of a certified audit, the department shall compromise
23  penalties and abate interest due on any tax liabilities
24  revealed by a certified audit as provided in s. 213.21.  This
25  authority to compromise penalties or abate interest shall not
26  apply to any liability for taxes that were collected by the
27  participating taxpayer but that were not remitted to the
28  department.
29         (c)  The certified audits project is repealed on July
30  1, 2006 2002, or upon completion of the project as determined
31  by the department, whichever occurs first.
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  1         Section 13.  Subsection (3) is added to section 213.30,
  2  Florida Statutes, to read:
  3         213.30  Compensation for information relating to a
  4  violation of the tax laws.--
  5         (1)  The executive director of the department, pursuant
  6  to rules adopted by the department, is authorized to
  7  compensate persons providing information to the department
  8  leading to:
  9         (a)  The punishment of, or collection of taxes,
10  penalties, or interest from, any person with respect to the
11  taxes enumerated in s. 213.05.  The amount of any payment made
12  under this paragraph may not exceed 10 percent of any tax,
13  penalties, or interest collected as a result of such
14  information.
15         (b)  The identification and registration of a taxpayer
16  who is not in compliance with the registration requirements of
17  any tax statute that is listed in s. 213.05.  The amount of
18  the payment made to any person who provides information to the
19  department which results in the registration of a noncompliant
20  taxpayer shall be $100.  The reward authorized in this
21  paragraph shall be paid only if the noncompliant taxpayer:
22         1.  Conducts business from a permanent, fixed location;
23         2.  Is engaged in a bona fide taxable activity; and
24         3.  Is found by the department to have an unpaid tax
25  liability.
26         (2)  Any employee of the department or of any other
27  state or federal agency who comes into possession of
28  information relating to a violation of a revenue law while an
29  employee of such agency may provide information to the
30  department of the type described in subsection (1), but the
31  employee may not be compensated under this section.  Any
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  1  former employee of the department or any other state or
  2  federal agency who came into possession of information
  3  relating to a violation of a revenue law while an employee of
  4  such agency may provide information to the department of the
  5  type described in subsection (1), but the former employee may
  6  not receive compensation under this section.
  7         (3)  Notwithstanding the provisions of any other law,
  8  this section is the sole means by which any person may obtain
  9  any moneys as the result of or in relation to the failure by
10  another person to comply with the tax laws of this state. The
11  use of any other law to obtain moneys for such failure is in
12  derogation of this statute and conflicts with the state's duty
13  to administer the tax laws.
14         Section 14.  The amendment to section 213.30, Florida
15  Statutes, made by this act does not apply to any case in
16  litigation or under seal on the effective date of this act.
17         Section 15.  Paragraph (f) of subsection (4) of section
18  11 of chapter 2000-165, Laws of Florida, is amended to read:
19         (4)  Effective October 1, 2000, the following programs
20  and functions are transferred to the Agency for Workforce
21  Innovation:
22         (f)  The Division of Unemployment Compensation is
23  transferred by a type two transfer, as defined in section
24  20.06(2), Florida Statutes, from the Department of Labor and
25  Employment Security to the Agency for Workforce Innovation.
26  The resources, data, records, property, and unexpended
27  balances of appropriations, allocations, and other funds
28  within the Office of the Secretary or any other division,
29  office, bureau, or unit within the Department of Labor and
30  Employment Security that support the Division of Unemployment
31  Compensation are transferred by a type two transfer, as
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  1  defined in section 20.06(2), Florida Statutes, from the
  2  Department of Labor and Employment Security.  By January 1,
  3  2001, the Agency for Workforce Innovation shall enter into a
  4  contract with the Department of Revenue which shall provide
  5  for the Department of Revenue to provide unemployment tax
  6  collection services.  The Department of Revenue, in
  7  consultation with the Department of Labor and Employment
  8  Security, shall determine the number of positions needed to
  9  provide unemployment tax collection services within the
10  Department of Revenue.  The number of unemployment tax
11  collection service positions the Department of Revenue
12  determines are needed shall not exceed the number of positions
13  that, prior to the contract, were authorized to the Department
14  of Labor and Employment Security for this purpose.  Upon
15  entering into the contract with the Agency for Workforce
16  Innovation to provide unemployment tax collection services,
17  the number of required positions, as determined by the
18  Department of Revenue, shall be authorized within the
19  Department of Revenue.  Beginning January 1, 2002, the Office
20  of Program Policy Analysis and Government Accountability shall
21  conduct a feasibility study regarding privatization of
22  unemployment tax collection services.  A report on the
23  conclusions of this study shall be submitted to the Governor,
24  the President of the Senate, and the Speaker of the House of
25  Representatives. The Department of Revenue is considered to be
26  administering a revenue law of this state when it provides
27  unemployment compensation tax collection services pursuant to
28  its contract with the Agency for Workforce Innovation. The
29  following provisions of chapter 213, Florida Statutes, apply
30  to the collection of unemployment contributions by the
31  Department of Revenue unless prohibited by federal law: ss.
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  1  213.018, 213.025, 213.051, 213.053, 213.055, 213.071, 213.10,
  2  213.21(2), (3), (4), (5), (6), (7), and (8), 213.2201, 213.23,
  3  213.24, 213.25, 213.26, 213.27, 213.28, 213.285, 213.30,
  4  213.34, 213.37, 213.50, 213.67, 213.69, 213.73, 213.731,
  5  213.732, 213.733, 213.74, 213.755, and 213.757.
  6         Section 16.  Subsection (7) of section 45.031, Florida
  7  Statutes, is amended to read:
  8         45.031  Judicial sales procedure.--In any sale of real
  9  or personal property under an order or judgment, the following
10  procedure may be followed as an alternative to any other sale
11  procedure if so ordered by the court:
12         (7)  DISBURSEMENTS OF PROCEEDS.--On filing a
13  certificate of title the clerk shall disburse the proceeds of
14  the sale in accordance with the order or final judgment, and
15  shall file a report of such disbursements and serve a copy of
16  it on each party not in default, and on the Department of
17  Revenue, if it was named as a defendant in the action or if
18  the Agency for Workforce Innovation or the Florida Department
19  of Labor and Employment Security was named as a defendant
20  while the Department of Revenue was performing unemployment
21  compensation tax collection services pursuant to a contract
22  with the Agency for Workforce Innovation, in substantially the
23  following form:
24
25  (Caption of Action)
26
27                   CERTIFICATE OF DISBURSEMENTS
28
29         The undersigned clerk of the court certifies that he or
30  she disbursed the proceeds received from the sale of the
31
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  1  property as provided in the order or final judgment to the
  2  persons and in the amounts as follows:
  3  Name                                                    Amount
  4
  5                              Total
  6
  7  WITNESS my hand and the seal of the court on ....,
  8  ...(year)....
  9                                                   ...(Clerk)...
10                                         By ...(Deputy Clerk)...
11
12  If no objections to the report are served within 10 days after
13  it is filed, the disbursements by the clerk shall stand
14  approved as reported. If timely objections to the report are
15  served, they shall be heard by the court. Service of
16  objections to the report does not affect or cloud the title of
17  the purchaser of the property in any manner.
18         Section 17.  Paragraph (a) of subsection (4) of section
19  69.041, Florida Statutes, is amended to read:
20         69.041  State named party; lien foreclosure, suit to
21  quiet title.--
22         (4)(a)  The Department of Revenue has the right to
23  participate in the disbursement of funds remaining in the
24  registry of the court after distribution pursuant to s.
25  45.031(7). The department shall participate in accordance with
26  applicable procedures in any mortgage foreclosure action in
27  which the department has a duly filed tax warrant, or
28  interests under a lien arising from a judgment, order, or
29  decree for child support, or interest in an unemployment
30  compensation tax lien pursuant to a contract with the Agency
31  for Workforce Innovation, against the subject property and
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  1  with the same priority, regardless of whether a default
  2  against the department, the Agency for Workforce Innovation,
  3  or the Department of Labor and Employment Security has been
  4  entered for failure to file an answer or other responsive
  5  pleading.
  6         Section 18.  Subsection (1) of section 213.053, Florida
  7  Statutes, is amended to read:
  8         213.053  Confidentiality and information sharing.--
  9         (1)  The provisions of this section apply to s.
10  125.0104, county government; s. 125.0108, tourist impact tax;
11  chapter 175, municipal firefighters' pension trust funds;
12  chapter 185, municipal police officers' retirement trust
13  funds; chapter 198, estate taxes; chapter 199, intangible
14  personal property taxes; chapter 201, excise tax on documents;
15  chapter 203, gross receipts taxes; chapter 211, tax on
16  severance and production of minerals; chapter 212, tax on
17  sales, use, and other transactions; chapter 220, income tax
18  code; chapter 221, emergency excise tax; s. 252.372, emergency
19  management, preparedness, and assistance surcharge; s.
20  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,
21  pollutant spill prevention and control; s. 403.718, waste tire
22  fees; s. 403.7185, lead-acid battery fees; s. 538.09,
23  registration of secondhand dealers; s. 538.25, registration of
24  secondary metals recyclers; ss. 624.501 and 624.509-624.515,
25  insurance code; s. 681.117, motor vehicle warranty
26  enforcement; and s. 896.102, reports of financial transactions
27  in trade or business. The provisions of this section, except
28  paragraph (7)(f), also apply to chapter 443 while the
29  department is performing tax collection services for the
30  Agency for Workforce Innovation pursuant to chapter 2000-165,
31  Laws of Florida; however, the exceptions to confidentiality
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  1  contained in ss. 443.171(7) and 443.1715 remain in full force
  2  and effect.
  3         Section 19.  Effective July 1, 2001, notwithstanding
  4  section 10 of chapter 90-110, Laws of Florida, subsection (3)
  5  of section 215.20, Florida Statutes, shall not expire on
  6  October 1, 2001, as scheduled by that law, but subsection (3)
  7  of section 215.20, Florida Statutes, is revived and readopted.
  8         Section 20.  Effective upon becoming a law, and
  9  applying retroactively to June 1, 2001, if this act does not
10  become a law by that date, section 4 of chapter 96-395, Laws
11  of Florida, is repealed.
12         Section 21.  Except as otherwise expressly provided in
13  this act, this act shall take effect upon becoming a law.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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  1            *****************************************
  2                          SENATE SUMMARY
  3    Repeals s. 212.084(6), F.S., thereby eliminating
      provisions for temporary tax exemption certificates.
  4    Repeals s. 212.08(7)(ccc), F.S., thereby eliminating the
      specific tax exemptions for organizations providing crime
  5    prevention, drunk driving prevention, and juvenile
      delinquency prevention services. Provides that a
  6    qualifying 501(c)(3) entity is entitled to a refund for
      taxes paid on items purchased by the entity prior to
  7    receiving a consumer certificate of exemption. Reinstates
      the sales tax exemption for parent-teacher organizations
  8    and parent-teacher associations. Requires a purchaser to
      file an affidavit stating the exempt nature of a purchase
  9    with the selling vendor instead of the Department of
      Revenue. Provides for retroactivity. Replaces the
10    definition of the term "section 38 property" with an
      express definition of the terms "industrial machinery and
11    equipment" and "motion picture and video equipment."
      Imposes certain requirements, for purposes of taxation,
12    on the removal of a motor vehicle from this state.
      Provides residency requirements of corporate officers and
13    stockholders relating to the taxable status of sales of
      motor vehicles. Clarifies the definition of the term
14    "fixtures." Eliminates a reference to the term "trade
      fixture." Replaces the Interstate Commerce Commission
15    with the Surface Transportation Board as the entity that
      licenses certain railroads as common carriers. Provides
16    that for a vessel, railroad, or motor carrier engaged in
      interstate or foreign commerce sales tax applies to
17    taxable purchases in this state and applies even if the
      vessel, railroad, or motor carrier has operated for less
18    than a fiscal year. Eliminates the initial year's
      information return for certain corporations. Repeals s.
19    624.509(10), F.S., which provides for an exemption from
      the insurance premium tax for insurers that write
20    monoline flood insurance policies. Delays the sunset of
      the certified audit project by 4 years. Clarifies that
21    the rewards program under s. 213.30, F.S., is the only
      available means of obtaining compensation for information
22    regarding another person's failure to comply with the
      state's tax laws. Clarifies which provisions of ch. 213,
23    F.S., apply to the collection of unemployment
      contributions. Requires the clerk of court to give notice
24    to the Department of Revenue if there is a surplus
      resulting from the foreclosure of an unemployment
25    compensation tax lien. Permits the department to
      participate in the disbursement of unemployment
26    compensation tax lien foreclosure funds. Provides for
      confidentiality and information sharing. Abrogates the
27    expiration of s. 215.20(3), F.S., relating to service
      charges against certain trust funds, notwithstanding s.
28    10, ch. 90-110, Laws of Florida. Repeals s. 4 of ch.
      96-395, Laws of Florida, which provides for the repeal of
29    exemptions provided for certain citizen support
      organizations and the Florida Folk Festival; provides for
30    retroactive applicability to June 1, 2001, if this act
      does not become a law by that date.
31
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