CODING: Words stricken are deletions; words underlined are additions.
c1680952
Senate
s1100-98
s1186
2002
AA
283902
Senator Pruitt moved the following amendment to amendment
(283902):
On page 38, lines 2 and 3,
On page 40, line 21,




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 680952

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Pruitt moved the following amendment to amendment

12  (283902):

13

14         Senate Amendment (with title amendment) 

15         On page 38, lines 2 and 3, delete those lines

16

17  and insert:

18         Section 6.  Effective upon this act becoming a law,

19  section 11.35, Florida Statutes, is created to read:

20         11.35  Joint Legislative Committee on Tax Exemptions;

21  membership; duties.--

22         (1)  The Joint Legislative Committee on Tax Exemptions

23  is created as a joint standing committee of the Legislature

24  composed of 12 members, 6 of whom are members of the Senate

25  appointed by the President of the Senate and 6 of whom are

26  members of the House of Representatives appointed by the

27  Speaker of the House of Representatives. The terms of members

28  are 2 years and run from one organization session of the

29  Legislature to the following organization session. In each

30  even-numbered year, the President of the Senate shall appoint

31  a member of the Senate to serve as chair for a term of 1 year;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 680952





  1  and, in each odd-numbered year, the Speaker of the House of

  2  Representatives shall appoint a member of the House of

  3  Representatives to serve as chair for a term of 1 year. A

  4  vacancy is to be filled for the unexpired portion of the term

  5  in the same manner as the original appointment.

  6         (2)  The committee shall conduct a periodic review of

  7  all exemptions from taxation under chapter 212, except those

  8  specified in s. 212.25(3). The committee must complete the

  9  first of its reviews by December 1, 2004, and its initial

10  review of all exemptions by December 1, 2009. For purposes of

11  the review, the committee shall:

12         (a)  Assign each exemption to a discrete category of

13  exemptions, placing, to the extent practicable, similar and

14  related exemptions within the same category. The committee

15  shall identify discrete classes of transactions exempted by s.

16  212.25(2) and assign the exemption of each class to the

17  appropriate category.

18         (b)  Schedule, for each year, one or more of the

19  categories to be reviewed before the following regular session

20  of the Legislature. Each category must be reviewed once by

21  December 1, 2009. By December 1, 2003, the committee shall

22  prepare, and submit to the President of the Senate and the

23  Speaker of the House of Representatives for introduction at

24  the 2004 regular session of the Legislature, a proposed bill

25  that amends the statutes to set the expiration date for each

26  exemption 18 months after the year in which it is scheduled

27  for review. The proposed bill shall set July 1, 2006, as the

28  expiration date for those exemptions which are scheduled to be

29  reviewed by December 1, 2004.

30         (c)  Adopt standards and criteria that it will use for

31  its review of exemptions and upon which it will base its

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 680952





  1  recommendation to reauthorize an exemption. In developing

  2  these standards and criteria, the committee should consider

  3  the following principles of taxation:

  4         1.  Equity.--The Florida tax system should treat

  5  individuals equitably. It should impose similar tax burdens on

  6  people in similar circumstances and should minimize

  7  regressivity.

  8         2.  Compliance.--The Florida tax system should

  9  facilitate taxpayer compliance.  It should be simple and easy

10  to understand so as to minimize compliance costs and increase

11  the visibility and awareness of the taxes being paid.

12  Enforcement and collection of tax revenues should be done in a

13  fair, consistent, professional, predictable, and

14  cost-effective manner.

15         3.  Promotion of competition.--The Florida tax system

16  should be responsive to interstate and international

17  competition in order to encourage savings and investment in

18  plant, equipment, people, and technology.

19         4.  Neutrality.--The Florida tax system should affect

20  competitors uniformly and not become a tool for "social

21  engineering."  It should minimize government involvement in

22  investment decisions, making any such involvement explicit,

23  and should minimize pyramiding.

24         5.  Stability.--The Florida tax system should produce

25  revenues in a stable and reliable manner which are sufficient

26  to fund appropriate governmental functions and expenditures.

27         6.  Integration.--The Florida tax system should balance

28  the need for integration of federal, state, and local

29  taxation.

30         7.  Public purpose.--Any sales tax exemption should be

31  based upon a determination that the exemption promotes an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 680952





  1  important state interest, including, but not limited to,

  2  economic development, job creation and retention, economic

  3  diversification, and community revitalization.

  4         (3)  By December 1 of each year, the committee shall

  5  submit to the President of the Senate and the Speaker of the

  6  House of Representatives a separate report for each category

  7  of exemptions reviewed during that year. Each report must

  8  contain the committee's recommendations with respect to each

  9  exemption assigned to that category and include, for

10  consideration at the next regular session of the Legislature,

11  a proposed bill to reauthorize, for a period not to exceed 10

12  years, those exemptions that the committee recommends be

13  reauthorized and to cleanse the statutes of those exemptions

14  that the committee recommends be allowed to expire. Each

15  report must also include, for each exemption for which the

16  committee makes no recommendation, a separate bill to

17  reauthorize that exemption for a period not to exceed 10

18  years. Each proposed bill must provide that each reauthorized

19  exemption expires on a specified date occurring no more than

20  10 years after the effective date of the bill and is to be

21  reviewed pursuant to this section at least 18 months prior to

22  its expiration.

23         Section 7.  Effective upon this act becoming a law,

24  section 212.25, Florida Statutes, is created to read:

25         212.25  Expiration and review of tax exemptions; status

26  of transactions neither expressly taxable nor exempt.--

27         (1)  Effective July 1, 2011, and on July 1 of every

28  10th year thereafter, each exemption from taxation under this

29  chapter expires, except those specified in subsection (3) and

30  those specifically set by law to expire on another date. Prior

31  to its expiration, each such exemption shall be reviewed by

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 680952





  1  the Joint Legislative Committee on Tax Exemptions in

  2  accordance with the law governing such reviews.

  3         (2)  Until July 1, 2011, any sale of goods or services

  4  that is neither expressly taxable nor expressly exempt from

  5  taxation under this chapter is exempt from such taxation, and

  6  the exemptions provided by this subsection are subject to

  7  review under s. 11.35. Effective July 1, 2011, any sale of

  8  goods or services that is neither expressly taxable nor

  9  expressly exempt from taxation under this chapter is subject

10  to tax at the same rate as the general tax rate prescribed by

11  this chapter for the retail sale of items of tangible personal

12  property.

13         (3)  Notwithstanding the other provisions of this

14  section, the following transactions remain exempt from

15  taxation under this chapter and are not subject to expiration

16  or review under this section or s. 11.35: the sale of

17  groceries, prescription drugs, health services, real property,

18  intangible personal property, or communications services; the

19  sale of tangible personal property purchased for resale or

20  imported, produced, or manufactured in this state for export;

21  and the payment of residential rent or employee salaries or

22  benefits.

23         Section 8.  Except as otherwise provided in this act,

24  this act shall take effect upon becoming a law.

25

26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 40, line 21, delete that line,

30

31  and insert:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 680952





  1         specified agents; creating s. 11.35, F.S.;

  2         creating the Joint Legislative Committee on Tax

  3         Exemptions; providing for its membership and

  4         prescribing its duties; requiring it to

  5         periodically review and make recommendations

  6         concerning tax exemptions prescribed in ch.

  7         212, F.S.; creating s. 212.25, F.S.; providing

  8         for the periodic expiration and review of tax

  9         exemptions under ch. 212, F.S.; providing that

10         sales of goods or services that are neither

11         expressly taxable nor expressly exempt from

12         taxation by a specified date become taxable;

13         exempting specified transactions from taxation

14         and from the the expiration and review

15         requirements of the act; providing effective

16         dates.

17

18         WHEREAS, the Legislature has identified a crisis in the

19  economy which compels the Legislature to take a broad and

20  comprehensive approach to economic development, addressing its

21  many facets, including both economic stimulus and the state's

22  tax policy, and

23         WHEREAS, the Legislature recognizes the obvious natural

24  and logical connection between economic development and the

25  distribution of the tax burden among the diverse segments of

26  the economy, and

27         WHEREAS, the Legislature seeks by this legislation to

28  accomplish goals that are not separate or disassociated

29  objects of legislative effort, but that are integrated and

30  dependent elements of a comprehensive approach to a rational

31  economic policy that will fairly and equitably promote

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 680952





  1  economic development throughout the diverse segments of the

  2  economy, and

  3         WHEREAS, the Legislature, as part of this comprehensive

  4  approach to a rational economic policy, seeks to create a

  5  process by which the Legislature will periodically review, on

  6  an orderly schedule, the array of tax exemptions and identify

  7  those that serve as a widespread stimulus to the economy and

  8  those that hamper economic development by unfairly

  9  distributing the tax burden or giving an undue competitive

10  advantage to a business over others similarly situated, NOW,

11  THEREFORE,

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