House Bill hb0527

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    Florida House of Representatives - 2001                 HB 527

        By Representative Wallace






  1                      A bill to be entitled

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

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

  4         revising the exemption for industrial machinery

  5         and equipment used in expanding spaceport or

  6         manufacturing facilities; removing the

  7         restriction that the exemption apply only to

  8         expanding facilities; providing for full,

  9         rather than partial, exemption; amending s.

10         212.0805, F.S.; removing provisions relating to

11         qualification for the exemption for machinery

12         and equipment used in expanding phosphate or

13         other solid minerals severance, mining, or

14         processing operations, to conform; providing an

15         effective date.

16

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

18

19         Section 1.  Paragraph (b) of subsection (5) of section

20  212.08, Florida Statutes, is amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

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

23  the rental, the use, the consumption, the distribution, and

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

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

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

28         (b)  Machinery and equipment used in manufacturing or

29  spaceport activities to increase productive output.--

30         1.  Industrial machinery and equipment purchased for

31  exclusive use by a new business in spaceport activities as

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    Florida House of Representatives - 2001                 HB 527

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

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

  3  tangible personal property at fixed locations are exempt from

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

  5  the taxpayer to the satisfaction of the department that such

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

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

  8  productive operations, and delivery of the purchased item must

  9  be made within 12 months of that date.

10         2.a.  Industrial machinery and equipment purchased for

11  exclusive use by a an expanding facility which is engaged in

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

13  expanding manufacturing facilities or plant units which

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

15  tangible personal property at fixed locations in this state

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

17  in excess of $50,000 per calendar year upon an affirmative

18  showing by the taxpayer to the satisfaction of the department

19  that such items are used to increase the productive output of

20  such expanded facility or business by not less than 10

21  percent.

22         b.  Notwithstanding any other provision of this

23  section, industrial machinery and equipment purchased for use

24  in expanding printing manufacturing facilities or plant units

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

26  of tangible personal property at fixed locations in this state

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

28  an affirmative showing by the taxpayer to the satisfaction of

29  the department that such items are used to increase the

30  productive output of such an expanded business by not less

31  than 10 percent.

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    Florida House of Representatives - 2001                 HB 527

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

  2  1. or sub-subparagraph 2.b. subparagraph 2., a qualifying

  3  business entity shall apply to the department for a temporary

  4  tax exemption permit. The application shall state that a new

  5  business exemption or expanded business exemption is being

  6  sought. Upon a tentative affirmative determination by the

  7  department pursuant to subparagraph 1. or sub-subparagraph

  8  2.b. subparagraph 2., the department shall issue such permit.

  9         b.  The applicant shall be required to maintain all

10  necessary books and records to support the exemption. Upon

11  completion of purchases of qualified machinery and equipment

12  pursuant to subparagraph 1. or sub-subparagraph 2.b.

13  subparagraph 2., the temporary tax permit shall be delivered

14  to the department or returned to the department by certified

15  or registered mail.

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

17  department, it is determined that the machinery and equipment

18  purchased as exempt under subparagraph 1. or sub-subparagraph

19  2.b. subparagraph 2. did not meet the criteria mandated by

20  this paragraph or if commencement of production did not occur,

21  the amount of taxes exempted at the time of purchase shall

22  immediately be due and payable to the department by the

23  business entity, together with the appropriate interest and

24  penalty, computed from the date of purchase, in the manner

25  prescribed by this chapter.

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

27  apply for a temporary exemption permit or if the tentative

28  determination by the department required to obtain a temporary

29  exemption permit is negative, a qualifying business entity

30  shall receive the exemption provided in subparagraph 1. or

31  sub-subparagraph 2.b. subparagraph 2. through a refund of

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  1  previously paid taxes. No refund may be made for such taxes

  2  unless the criteria mandated by subparagraph 1. or

  3  sub-subparagraph 2.b. subparagraph 2. have been met and

  4  commencement of production has occurred.

  5         4.  The department shall promulgate rules governing

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

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

  8  manner and form of refund applications and may establish

  9  guidelines as to the requisites for an affirmative showing of

10  increased productive output, commencement of production, and

11  qualification for exemption.

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

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

14  electric utility companies, communications companies, oil or

15  gas exploration or production operations, publishing firms

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

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

18  the Division of Hotels and Restaurants of the Department of

19  Business and Professional Regulation, or any firm which does

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

21  of tangible personal property or which does not use such

22  machinery and equipment in spaceport activities as required by

23  this paragraph. The exemptions provided in subparagraphs 1.

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

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

26  processing operations only by way of a prospective credit

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

28  chapter on such machinery and equipment.

29         6.  For the purposes of the exemptions provided in

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

31  meanings:

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    Florida House of Representatives - 2001                 HB 527

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

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

  3  Internal Revenue Code, provided "industrial machinery and

  4  equipment" shall be construed by regulations adopted by the

  5  Department of Revenue to mean tangible property used as an

  6  integral part of spaceport activities or of the manufacturing,

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

  8  tangible personal property. Such term includes parts and

  9  accessories only to the extent that the exemption thereof is

10  consistent with the provisions of this paragraph.

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

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

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

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

15  continuous months immediately following the completion of

16  installation of such machinery or equipment over the output

17  for the 12 continuous months immediately preceding such

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

19  period of time would more accurately reflect the increase in

20  productive output of machinery and equipment purchased to

21  facilitate an expansion, the increase in productive output may

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

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

24  Revenue and the expanding business prior to the commencement

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

26  period begin later than 2 years following the completion of

27  installation of the new machinery and equipment. The units

28  used to measure productive output shall be physically

29  comparable between the two periods, irrespective of sales.

30         Section 2.  Section 212.0805, Florida Statutes, is

31  amended to read:

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    Florida House of Representatives - 2001                 HB 527

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  1         212.0805  Qualification for exemption and credit

  2  provided in s. 212.08(5)(b)5.--

  3         (1)  In order to qualify for the exemption and credit

  4  provided in s. 212.08(5)(b)5., for machinery and equipment

  5  purchased for use in phosphate or other solid minerals

  6  severance, mining, or processing operations, an expanding

  7  business must demonstrate the following:

  8         (a)  For a business that has 2,500 or fewer Florida

  9  employees, the creation of new Florida jobs in an amount equal

10  to at least 5 percent of its Florida employees; or

11         (b)  For a business that has more than 2,500 Florida

12  employees, the creation of new Florida jobs in an amount equal

13  to at least 3 percent of its Florida employees.

14         (1)(2)  In order to qualify for the exemption and

15  credit provided in s. 212.08(5)(b)5., for machinery and

16  equipment purchased for use in phosphate or other solid

17  minerals severance, mining, or processing operations, a new

18  business must demonstrate the creation of at least 100 new

19  Florida jobs.

20         (2)(3)  For purposes of this section, "new Florida job"

21  means a new position created and filled within 24 months after

22  completion of construction of the new or expanded facility and

23  includes a transfer of a position from an existing Florida

24  operation so long as the transfer is the result of the closure

25  or reduction of the other Florida operation. For an expanding

26  business, the number of existing Florida employees shall be

27  determined as of the date on which the business commences

28  construction of the expansion. The Office of Tourism, Trade,

29  and Economic Development shall:

30         (a)  For an expanding business, document the number of

31  persons employed in Florida by such business as of the date of

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    Florida House of Representatives - 2001                 HB 527

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  1  commencement of construction of the expansion and the number

  2  of new Florida jobs created by such business within 24 months

  3  following the completion of construction of the expansion;

  4         (b)  For a new business, document the number of new

  5  Florida jobs created by a new such business within 24 months

  6  of completion of construction of the new business; and

  7         (c)  certify such to the Department of Revenue.

  8         Section 3.  This act shall take effect July 1, 2001.

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11                          HOUSE SUMMARY

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      Revises the sales tax exemption for industrial machinery
13    and equipment used in expanding spaceport or
      manufacturing facilities, to remove the restriction that
14    the exemption apply only to expanding facilities and
      provide for full, rather than partial, exemption.
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