Senate Bill sb0426e2
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    CS for SB 426                                 Second Engrossed
  1                      A bill to be entitled
  2         An act relating to taxation; amending s.
  3         45.031, F.S.; requiring the clerk of court to
  4         give notice to the Department of Revenue if
  5         there is a surplus resulting from the
  6         foreclosure of an unemployment compensation tax
  7         lien; amending s. 55.202, F.S.; enabling a
  8         designee of the Department of Revenue to enter
  9         lien information into the Secretary of State's
10         database without incurring a fee; amending s.
11         69.041, F.S.; permitting the department to
12         participate in the disbursement of unemployment
13         compensation tax lien foreclosure funds;
14         amending s. 72.011, F.S.; providing for the
15         venue and jurisdiction of taxpayer actions in
16         circuit court; amending s. 199.052, F.S.;
17         eliminating the requirement that a corporation
18         file an intangibles tax return when no tax is
19         due; amending s. 199.218, F.S.; eliminating the
20         requirement that a corporation maintain records
21         relating to certain information; amending s.
22         199.282, F.S.; eliminating the penalty imposed
23         upon a corporation for failure to file a
24         certain required notice; amending s. 201.02,
25         F.S.; specifying nonapplication of the tax on
26         deeds and other instruments relating to real
27         property to contracts to sell certain
28         residences under certain circumstances;
29         amending s. 201.08, F.S.; specifying a maximum
30         tax on unsecured obligations; specifying
31         payment of tax on certain excess aggregate
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    CS for SB 426                                 Second Engrossed
  1         amounts; conforming cross references;
  2         reenacting and amending s. 206.9825(1)(b),
  3         F.S.; authorizing the continuation of an
  4         aviation fuel tax credit for certain
  5         wholesalers or terminal suppliers; amending s.
  6         211.3103, F.S.; specifying the basis for annual
  7         calculations of county distributions of the
  8         severance tax on phosphate rock; amending s.
  9         212.02, F.S.; revising definitions; amending s.
10         212.06, F.S.; revising a definition; providing
11         legislative intent; prohibiting certain
12         assessments or refunds under certain
13         circumstances; amending s. 212.07, F.S.;
14         providing for dealer reliance on resale
15         certificates without seeking certain
16         verification; specifying vendor nonliability
17         for certain taxes, interest, or penalties under
18         certain circumstances; requiring the Department
19         of Revenue to impose certain mandatory,
20         nonwaivable penalties in lieu of certain taxes,
21         interest, and penalties under certain
22         circumstances; authorizing the department to
23         adopt certain rules and forms; providing
24         legislative intent as to application; amending
25         s. 212.08, F.S.; requiring a purchaser to file
26         an affidavit stating the exempt nature of a
27         purchase with the selling vendor instead of the
28         department; providing for retroactive
29         application; revising definitions of industrial
30         machinery and equipment, motion picture or
31         video equipment, and sound recording equipment;
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    CS for SB 426                                 Second Engrossed
  1         providing legislative intent; providing
  2         purposes; clarifying application of exemptions
  3         to taxable transactions; specifying
  4         requirements for eligibility for exemptions;
  5         specifying tax liability for noncompliance;
  6         authorizing the department to adopt rules;
  7         reinstating the sales tax exemption for
  8         parent-teacher organizations and parent-teacher
  9         associations; eliminating obsolete provisions;
10         eliminating the specific sales tax exemption
11         for organizations providing crime prevention,
12         drunk-driving prevention, and
13         juvenile-delinquency-prevention services;
14         imposing certain requirements, for purposes of
15         taxation, on the removal of a motor vehicle
16         from this state; providing residency
17         requirements of corporate officers, corporate
18         stockholders, and partners in a partnership
19         relating to the taxable status of sales of
20         motor vehicles; providing for retroactive
21         operation of certain provisions; providing for
22         nonliability of tax on certain transactions;
23         providing an exception; providing requirements
24         for a specified exemption; replacing the
25         Interstate Commerce Commission with the Surface
26         Transportation Board as the entity that
27         licenses certain railroads as common carriers;
28         providing that, for a vessel, railroad, or
29         motor carrier engaged in interstate or foreign
30         commerce, sales tax applies to taxable
31         purchases in this state and applies even if the
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    CS for SB 426                                 Second Engrossed
  1         vessel, railroad, or motor carrier has operated
  2         for less than a fiscal year; amending s.
  3         212.096, F.S.; clarifying definitions;
  4         specifying a time requirement for applications
  5         for an enterprise zone jobs credit for leased
  6         employees; amending s. 212.098, F.S.;
  7         clarifying Rural Job Tax Credit Program
  8         provisions; amending s. 212.11, F.S.;
  9         authorizing the Department of Revenue to
10         require a report to be submitted when filing a
11         sales and use tax return that claims certain
12         credits; requiring the department to adopt
13         rules regarding the forms and documentation
14         required to verify these credits; requiring the
15         department to disallow any credit not supported
16         by the required report and to impose penalties
17         and interest; amending s. 212.12, F.S.;
18         limiting liability of dealers for certain
19         additional tax, penalty, and interest under
20         certain circumstances; providing legislative
21         intent relating to application; providing for
22         methods of determining overpayments by persons
23         paying the tax on sales, use, and other
24         transactions; amending ss. 212.18 and 376.70,
25         F.S.; authorizing the Department of Revenue to
26         waive registration fees for applications made
27         using the department's Internet registration
28         process; amending s. 213.015, F.S.; specifying
29         additional taxpayer rights; amending s.
30         213.053, F.S.; authorizing the Department of
31         Revenue and the Department of Management
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    CS for SB 426                                 Second Engrossed
  1         Services to release certain unemployment tax
  2         rate information under certain circumstances;
  3         amending s. 213.0535, F.S.; providing for
  4         additional disclosures of certain tax
  5         information under the Registration Information
  6         Sharing and Exchange Program; requiring
  7         maintenance of confidentiality of certain
  8         information under certain circumstances;
  9         amending s. 213.21, F.S.; requiring settlement
10         or compromise of a taxpayer's liability for
11         certain interest under certain circumstances;
12         providing for de novo review of certain facts
13         and circumstances in certain proceedings;
14         extending a future repeal of department
15         authority to settle or compromise certain
16         penalty liabilities; specifying additional
17         circumstances for settling or compromising
18         certain penalties; providing prospective
19         operation; providing requirements, criteria,
20         and procedures; requiring the Department of
21         Revenue to adopt rules; amending s. 213.24,
22         F.S.; including automated refunds in provisions
23         for certain billing cost limitations; amending
24         s. 213.255, F.S.; clarifying application of
25         certain interest determination limitations;
26         amending s. 213.285, F.S.; extending a future
27         repeal of a certified audits project; amending
28         s. 213.30, F.S.; specifying preemption for
29         seeking or obtaining compensation for certain
30         tax law violation information; amending s.
31         213.755, F.S.; requiring certain taxpayers to
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    CS for SB 426                                 Second Engrossed
  1         file returns and pay taxes electronically;
  2         amending s. 220.03, F.S.; revising definitions;
  3         amending s. 220.15, F.S., which provides for
  4         apportionment of adjusted federal income to
  5         this state; revising the conditions for
  6         determining when sales of tangible personal
  7         property occur in this state for certain
  8         industries; providing for retroactive effect;
  9         amending s. 220.181, F.S.; clarifying
10         eligibility for claiming an enterprise zone
11         jobs credit; amending s. 220.187, F.S.;
12         providing for an additional class of "qualified
13         student"; providing application; amending s.
14         220.22, F.S.; requiring the Department of
15         Revenue to designate certain entities not
16         required to file certain returns; amending s.
17         220.23, F.S.; specifying determination of
18         interest on deficiencies; amending s. 220.809,
19         F.S.; providing an exception to certain
20         determinations of interest on deficiencies;
21         amending s. 290.00677, F.S.; correcting a cross
22         reference; amending ss. 336.021 and 336.025,
23         F.S.; revising time limitations on imposition
24         and rate changes of certain local option fuel
25         taxes; amending s. 443.131, F.S.; providing for
26         payment of employer contributions to the Agency
27         for Workforce Innovation instead of the
28         Division of Unemployment Compensation of the
29         Department of Labor and Employment Security;
30         revising procedures and requirements for such
31         payments by employers of employees providing
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    CS for SB 426                                 Second Engrossed
  1         domestic services; reducing trust fund balance
  2         thresholds used in computing contribution rate
  3         adjustment factors; creating s. 443.1315, F.S.;
  4         providing definitions; providing for treatment
  5         of Indian tribes under the Unemployment
  6         Compensation Law; providing that Indian tribes
  7         or tribal units thereof may elect to make
  8         payments in lieu of contributions and providing
  9         requirements with respect thereto; providing
10         that such Indian tribe or tribal unit may be
11         required to file a bond or deposit security at
12         the discretion of the director of the Agency
13         for Workforce Innovation; providing effect of
14         failure of such tribe or unit to make required
15         payments; providing requirements for notices;
16         providing responsibility for certain extended
17         benefits; requiring the agency to adopt rules;
18         providing for retroactive application; amending
19         s. 443.163, F.S.; requiring certain employers
20         to file unemployment compensation reports and
21         taxes electronically; amending s. 608.471,
22         F.S.; providing for the tax treatment of
23         certain types of limited liability companies;
24         amending s. 681.117, F.S.; requiring motor
25         vehicle dealers to remit directly to the
26         Department of Revenue the Lemon Law Fee for
27         vehicles registered and titled outside of
28         Florida; amending ss. 3 and 4 of ch. 2000-345,
29         Laws of Florida; extending the effective date
30         of such sections; amending s. 11(4)(f) of ch.
31         2000-165, Laws of Florida; revising application
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    CS for SB 426                                 Second Engrossed
  1         of certain sections to collections of
  2         unemployment compensation contributions by the
  3         Department of Revenue; providing a revised
  4         calculation for revenue sharing distributions
  5         to municipalities; repealing s. 9 of ch.
  6         2001-225, Laws of Florida, relating to an
  7         incorrect statutory reference; providing
  8         application; repealing s. 220.331, F.S.,
  9         relating to application of certain credits to
10         certain estimated payments; providing
11         application; repealing s. 199.062(1) and (2),
12         F.S., relating to a requirement that a
13         corporation file an annual information return
14         regarding stock value; repealing s. 201.05,
15         F.S., relating to tax on stock certificates;
16         repealing s. 212.084(6), F.S., relating to
17         temporary exemption certificates; repealing s.
18         624.509(10), F.S., relating to an exemption
19         from the insurance premium tax for insurers who
20         write monoline flood insurance policies;
21         providing effective dates.
22
23  Be It Enacted by the Legislature of the State of Florida:
24
25         Section 1.  Subsection (7) of section 45.031, Florida
26  Statutes, is amended to read:
27         45.031  Judicial sales procedure.--In any sale of real
28  or personal property under an order or judgment, the following
29  procedure may be followed as an alternative to any other sale
30  procedure if so ordered by the court:
31
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    CS for SB 426                                 Second Engrossed
  1         (7)  DISBURSEMENTS OF PROCEEDS.--On filing a
  2  certificate of title, the clerk shall disburse the proceeds of
  3  the sale in accordance with the order or final judgment, and
  4  shall file a report of such disbursements and serve a copy of
  5  it on each party not in default, and on the Department of
  6  Revenue if the department it was named as a defendant in the
  7  action or if the Agency for Workforce Innovation or the
  8  Department of Labor and Employment Security was named as a
  9  defendant while the Department of Revenue was performing
10  unemployment compensation tax collection services pursuant to
11  a contract with the Agency for Workforce Innovation, in
12  substantially the following form:
13
14  (Caption of Action)
15
16                   CERTIFICATE OF DISBURSEMENTS
17
18         The undersigned clerk of the court certifies that he or
19  she disbursed the proceeds received from the sale of the
20  property as provided in the order or final judgment to the
21  persons and in the amounts as follows:
22  Name                                                    Amount
23
24                              Total
25
26  WITNESS my hand and the seal of the court on ....,
27  ...(year)....
28                                                   ...(Clerk)...
29                                         By ...(Deputy Clerk)...
30
31
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    CS for SB 426                                 Second Engrossed
  1  If no objections to the report are served within 10 days after
  2  it is filed, the disbursements by the clerk shall stand
  3  approved as reported. If timely objections to the report are
  4  served, they shall be heard by the court. Service of
  5  objections to the report does not affect or cloud the title of
  6  the purchaser of the property in any manner.
  7         Section 2.  Subsection (5) of section 55.202, Florida
  8  Statutes, is amended to read:
  9         55.202  Judgments, orders, and decrees; lien on
10  personal property.--
11         (5)  Liens, assessments, warrants, or judgments filed
12  pursuant to paragraph (2)(b) may be filed directly into the
13  central database by the Department of Revenue, or its designee
14  as determined by its executive director, through electronic or
15  information data exchange programs approved by the Department
16  of State. Such filings must contain the information set forth
17  in s. 55.203(1).
18         Section 3.  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 support, as defined in s. 409.2554, or interest in
30  an unemployment compensation tax lien pursuant to a contract
31  with the Agency for Workforce Innovation, against the subject
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    CS for SB 426                                 Second Engrossed
  1  property and with the same priority, regardless of whether a
  2  default against the department, the Agency for Workforce
  3  Innovation, or the Department of Labor and Employment Security
  4  has been entered for failure to file an answer or other
  5  responsive pleading.
  6         Section 4.  Effective January 1, 2003, paragraph (a) of
  7  subsection (4) and subsection (5) of section 72.011, Florida
  8  Statutes, are amended to read:
  9         72.011  Jurisdiction of circuit courts in specific tax
10  matters; administrative hearings and appeals; time for
11  commencing action; parties; deposits.--
12         (4)(a)  Except as provided in paragraph (b), an action
13  initiated in circuit court pursuant to subsection (1) shall be
14  filed in the Second Judicial Circuit Court in and for Leon
15  County or in the circuit court in the county where the
16  taxpayer resides, or maintains its principal commercial
17  domicile in this state, or, in the ordinary course of
18  business, regularly maintains its books and records in this
19  state.
20         (5)  The requirements of subsections (1), (2), and (3)
21  this section are jurisdictional.
22         Section 5.  Subsection (2) of section 199.052, Florida
23  Statutes, is amended to read:
24         199.052  Annual tax returns; payment of annual tax.--
25         (2)  No person, corporation, agent, or fiduciary shall
26  be required to pay the annual tax in any year when the
27  aggregate annual tax upon the person's intangible personal
28  property, after exemptions but before application of any
29  discount for early filing, would be less than $60.  In such
30  case, an annual return is not required unless the taxpayer is
31  a corporation or an agent or fiduciary of whom the department
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    CS for SB 426                                 Second Engrossed
  1  requires an informational return. Agents and fiduciaries shall
  2  report for each person for whom they hold intangible personal
  3  property if the aggregate annual tax on such person is $60 or
  4  more.
  5         Section 6.  Subsection (2) of section 199.218, Florida
  6  Statutes, is amended to read:
  7         199.218  Books and records.--
  8         (2)  Each corporation and broker subject to the
  9  provisions of s. 199.062 shall preserve all books and other
10  records relating to the information reported under s. 199.062
11  or otherwise required by rule of the department for a period
12  of 3 years from the due date of the report.
13         Section 7.  Paragraph (a) of subsection (6) of section
14  199.282, Florida Statutes, is amended to read:
15         199.282  Penalties for violation of this chapter.--
16         (6)  Late reporting penalties shall be imposed as
17  follows:
18         (a)  A penalty of $100 upon any corporation that which
19  does not timely file a written notice required under s.
20  199.057(2)(c) or s. 199.062(2).
21         Section 8.  Subsection (8) is added to section 201.02,
22  Florida Statutes, to read:
23         201.02  Tax on deeds and other instruments relating to
24  real property or interests in real property.--
25         (8)  Taxes imposed by this section do not apply to a
26  contract to sell the residence of an employee relocating at
27  his or her employer's direction or to documents related to the
28  contract, which contract is between the employee and the
29  employer or between the employee and a person in the business
30  of providing employee relocation services.  In the case of
31  such transactions, taxes apply only to the transfer of the
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    CS for SB 426                                 Second Engrossed
  1  real property comprising the residence by deed that vests
  2  legal title in a named grantee.
  3         Section 9.  Subsections (1), (2), (4), and (5) of
  4  section 201.08, Florida Statutes, are amended to read:
  5         201.08  Tax on promissory or nonnegotiable notes,
  6  written obligations to pay money, or assignments of wages or
  7  other compensation; exception.--
  8         (1)(a)  On promissory notes, nonnegotiable notes,
  9  written obligations to pay money, or assignments of salaries,
10  wages, or other compensation made, executed, delivered, sold,
11  transferred, or assigned in the state, and for each renewal of
12  the same, the tax shall be 35 cents on each $100 or fraction
13  thereof of the indebtedness or obligation evidenced thereby.
14  The tax on any document described in this paragraph shall not
15  exceed $2,450.
16         (b)  On mortgages, trust deeds, security agreements, or
17  other evidences of indebtedness filed or recorded in this
18  state, and for each renewal of the same, the tax shall be 35
19  cents on each $100 or fraction thereof of the indebtedness or
20  obligation evidenced thereby.  Mortgages, including, but not
21  limited to, mortgages executed without the state and recorded
22  in the state, which incorporate the certificate of
23  indebtedness, not otherwise shown in separate instruments, are
24  subject to the same tax at the same rate.  When there is both
25  a mortgage, trust deed, or security agreement and a note,
26  certificate of indebtedness, or obligation, the tax shall be
27  paid on the mortgage, trust deed, or security agreement at the
28  time of recordation.  A notation shall be made on the note,
29  certificate of indebtedness, or obligation that the tax has
30  been paid on the mortgage, trust deed, or security agreement.
31  Where a mortgage, trust deed, security agreement, or other
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    CS for SB 426                                 Second Engrossed
  1  evidence of indebtedness is subsequently filed or recorded in
  2  this state to evidence an indebtedness or obligation upon
  3  which tax was paid pursuant to paragraph (a) or paragraph
  4  (2)(a), tax shall be paid on the mortgage, trust deed,
  5  security agreement, or other evidence of indebtedness on the
  6  amount of the indebtedness or obligation evidenced which
  7  exceeds the aggregate amount upon which tax was previously
  8  paid pursuant to this paragraph and paragraph (a) or paragraph
  9  (2)(a). If the mortgage, trust deed, security agreement, or
10  other evidence of indebtedness subject to the tax levied by
11  this section secures future advances, as provided in s.
12  697.04, the tax shall be paid at the time of recordation on
13  the initial debt or obligation secured, excluding future
14  advances; at the time and so often as any future advance is
15  made, the tax shall be paid on all sums then advanced
16  regardless of where such advance is made. Notwithstanding the
17  aforestated general rule, any increase in the amount of
18  original indebtedness caused by interest accruing under an
19  adjustable rate note or mortgage having an initial interest
20  rate adjustment interval of not less than 6 months shall be
21  taxable as a future advance only to the extent such increase
22  is a computable sum certain when the document is executed.
23  Failure to pay the tax shall not affect the lien for any such
24  future advance given by s. 697.04, but any person who fails or
25  refuses to pay such tax due by him or her is guilty of a
26  misdemeanor of the first degree.  The mortgage, trust deed, or
27  other instrument shall not be enforceable in any court of this
28  state as to any such advance unless and until the tax due
29  thereon upon each advance that may have been made thereunder
30  has been paid.
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    CS for SB 426                                 Second Engrossed
  1         (2)(a)  On promissory notes, nonnegotiable notes,
  2  written obligations to pay money, or other compensation, made,
  3  executed, delivered, sold, transferred, or assigned in the
  4  state, in connection with sales made under retail charge
  5  account services, incident to sales which are not conditional
  6  in character and which are not secured by mortgage or other
  7  pledge of purchaser, the tax shall be 35 cents on each $100 or
  8  fraction thereof of the gross amount of the indebtedness
  9  evidenced by such instruments, payable quarterly on such forms
10  and under such rules and regulations as may be promulgated by
11  the Department of Revenue. The tax on any document described
12  in this paragraph shall not exceed $2,450.
13         (b)  Any receipt, charge slip, or other record of a
14  transaction effected with the use of a credit card, charge
15  card, or debit card shall be exempt from the tax imposed by
16  this section.
17         (4)  Notwithstanding paragraph (1)(b) subsection (1), a
18  supplement or an amendment to a mortgage, deed of trust,
19  indenture, or security agreement, which supplement or
20  amendment is filed or recorded in this state in connection
21  with a new issue of bonds, shall be subject to the tax imposed
22  by paragraph (1)(b) subsection (1) only to the extent of the
23  aggregate amount of the new issue of bonds or other evidence
24  of indebtedness and not to the extent of the aggregate amount
25  of bonds or other evidence of indebtedness previously issued
26  under the instrument being supplemented or amended.  In order
27  to qualify for the tax treatment provided for in this
28  subsection, the document which evidences the increase in
29  indebtedness must show the official records book and page
30  number in which, and the county in which, the original
31
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    CS for SB 426                                 Second Engrossed
  1  obligation and any prior increase in that obligation were
  2  recorded.
  3         (5)  For purposes of this section, a renewal shall only
  4  include modifications of an original document which change the
  5  terms of the indebtedness evidenced by the original document
  6  by adding one or more obligors, increasing the principal
  7  balance, or changing the interest rate, maturity date, or
  8  payment terms.  Modifications to documents which do not modify
  9  the terms of the indebtedness evidenced such as those given or
10  recorded to correct error; modify covenants, conditions, or
11  terms unrelated to the debt; sever a lien into separate liens;
12  provide for additional, substitute, or further security for
13  the indebtedness; consolidate indebtedness or collateral; add,
14  change, or delete guarantors; or which substitute a new
15  mortgagee or payee are not renewals and are not subject to tax
16  pursuant to this section. If the taxable amount of a mortgage
17  is limited by language contained in the mortgage or by the
18  application of rules limiting the tax base when there is
19  collateral in more than one state, then a modification which
20  changes such limitation or tax base shall be taxable only to
21  the extent of any increase in the limitation or tax base
22  attributable to such modification.  This subsection shall not
23  be interpreted to exempt from taxation an original mortgage
24  that which would otherwise be subject to tax pursuant to
25  paragraph (1)(b) subsection (1).
26         Section 10.  Paragraph (b) of subsection (1) of section
27  206.9825, Florida Statutes, is reenacted and amended to read:
28         206.9825  Aviation fuel tax.--
29         (1)
30         (b)  Any licensed wholesaler or terminal supplier that
31  delivers aviation fuel to an air carrier offering
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    CS for SB 426                                 Second Engrossed
  1  transcontinental jet service and that, after January 1, 1996,
  2  increases the air carrier's Florida workforce by more than
  3  1000 percent and by 250 or more full-time equivalent employee
  4  positions, may receive a credit or refund as the ultimate
  5  vendor of the aviation fuel for the 6.9 cents excise tax
  6  previously paid, provided that the air carrier has no facility
  7  for fueling highway vehicles from the tank in which the
  8  aviation fuel is stored.  In calculating the new or additional
  9  Florida full-time equivalent employee positions, any full-time
10  equivalent employee positions of parent or subsidiary
11  corporations which existed before January 1, 1996, shall not
12  be counted toward reaching the Florida employment increase
13  thresholds.  The refund allowed under this paragraph is in
14  furtherance of the goals and policies of the State
15  Comprehensive Plan set forth in s. 187.201(17)(a), (b)1., 2.,
16  (18)(a), (b)1., 4., (20)(a), (b)5., (22)(a), (b)1., 2., 4.,
17  7., 9., and 12.  This paragraph will expire on July 1, 2001.
18         Section 11.  Paragraph (b) of subsection (2), paragraph
19  (b) of subsection (3), and paragraph (b) of subsection (4) of
20  section 211.3103, Florida Statutes, are amended to read:
21         211.3103  Levy of tax on severance of phosphate rock;
22  rate, basis, and distribution of tax.--
23         (2)  The proceeds of all taxes, interest, and penalties
24  imposed under this section shall be paid into the State
25  Treasury through June 30, 1995, as follows:
26         (b)  The remaining revenues collected from the tax
27  during that fiscal year, after the required payment under
28  paragraph (a), shall be paid into the State Treasury as
29  follows:
30         1.  To the credit of the General Revenue Fund of the
31  state, 60 percent. However, from this amount the amounts of
                                  17
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    CS for SB 426                                 Second Engrossed
  1  $7.4 million, $8.2 million, and $8.1 million, respectively,
  2  shall be transferred to the Nonmandatory Land Reclamation
  3  Trust Fund on January 1, 1993, January 1, 1994, and January 1,
  4  1995.
  5         2.  To the credit of the Nonmandatory Land Reclamation
  6  Trust Fund which is established for reclamation and
  7  acquisition of unreclaimed lands disturbed by phosphate mining
  8  and not subject to mandatory reclamation, 20 percent.
  9         3.  To the credit of the Phosphate Research Trust Fund
10  in the Department of Education, Division of Universities, to
11  carry out the purposes set forth in s. 378.101, 10 percent.
12         4.  For payment to counties in proportion to the number
13  of tons of phosphate rock produced from a phosphate rock
14  matrix located within such political boundary, 10 percent. The
15  department shall distribute this portion of the proceeds
16  annually based on production information reported by producers
17  on the most recent annual returns for the taxable filed prior
18  to the beginning of the fiscal year. Any such proceeds
19  received by a county shall be used only for phosphate-related
20  expenses.
21         (3)  Beginning July 1, 1995, the proceeds of all taxes,
22  interest, and penalties imposed under this section shall be
23  paid into the State Treasury as follows:
24         (b)  The remaining revenues collected from the tax
25  during that fiscal year, after the required payment under
26  paragraph (a), shall be paid into the State Treasury as
27  follows:
28         1.  To the credit of the General Revenue Fund of the
29  state, 58 percent.
30         2.  To the credit of the Nonmandatory Land Reclamation
31  Trust Fund for reclamation and acquisition of unreclaimed
                                  18
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    CS for SB 426                                 Second Engrossed
  1  lands disturbed by phosphate mining and not subject to
  2  mandatory reclamation, 14.5 percent.
  3         3.  To the credit of the Phosphate Research Trust Fund
  4  in the Department of Education, Division of Universities, to
  5  carry out the purposes set forth in s. 378.101, 10 percent.
  6         4.  For payment to counties in proportion to the number
  7  of tons of phosphate rock produced from a phosphate rock
  8  matrix located within such political boundary, 10 percent. The
  9  department shall distribute this portion of the proceeds
10  annually based on production information reported by producers
11  on the most recent annual returns for the taxable filed prior
12  to the beginning of the fiscal year. Any such proceeds
13  received by a county shall be used only for phosphate-related
14  expenses.
15         5.  To the credit of the Minerals Trust Fund, 7.5
16  percent.
17         (4)  If the base rate is reduced pursuant to paragraph
18  (5)(c), then the proceeds of the tax shall be paid into the
19  State Treasury as follows:
20         (b)  The remaining revenues collected from the tax
21  during that fiscal year, after the required payment under
22  paragraph (a), shall be paid into the State Treasury as
23  follows:
24         1.  To the credit of the General Revenue Fund of the
25  state, 55.15 percent.
26         2.  To the credit of the Phosphate Research Trust Fund
27  in the Department of Education, Division of Universities, 12.5
28  percent.
29         3.  For payment to counties in proportion to the number
30  of tons of phosphate rock produced from a phosphate rock
31  matrix located within such political boundary, 18 percent. The
                                  19
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    CS for SB 426                                 Second Engrossed
  1  department shall distribute this portion of the proceeds
  2  annually based on production information reported by producers
  3  on the most recent annual returns for the taxable filed prior
  4  to the beginning of the fiscal year. Any such proceeds
  5  received by a county shall be used only for phosphate-related
  6  expenses.
  7         4.  To the credit of the Minerals Trust Fund, 14.35
  8  percent.
  9         Section 12.  Paragraph (g) of subsection (10) of
10  section 212.02, Florida Statutes, is amended to read:
11         212.02  Definitions.--The following terms and phrases
12  when used in this chapter have the meanings ascribed to them
13  in this section, except where the context clearly indicates a
14  different meaning:
15         (10)  "Lease," "let," or "rental" means leasing or
16  renting of living quarters or sleeping or housekeeping
17  accommodations in hotels, apartment houses, roominghouses,
18  tourist or trailer camps and real property, the same being
19  defined as follows:
20         (g)  "Lease," "let," or "rental" also means the leasing
21  or rental of tangible personal property and the possession or
22  use thereof by the lessee or rentee for a consideration,
23  without transfer of the title of such property, except as
24  expressly provided to the contrary herein.  The term "lease,"
25  "let," or "rental" does not mean hourly, daily, or mileage
26  charges, to the extent that such charges are subject to the
27  jurisdiction of the United States Interstate Commerce
28  Commission, when such charges are paid by reason of the
29  presence of railroad cars owned by another on the tracks of
30  the taxpayer, or charges made pursuant to car service
31  agreements. The term "lease," "let," "rental," or "license"
                                  20
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    CS for SB 426                                 Second Engrossed
  1  does not include payments made to an owner of high-voltage
  2  bulk transmission facilities in connection with the possession
  3  or control of such facilities by a regional transmission
  4  organization, independent system operator, or similar entity
  5  under the jurisdiction of the Federal Energy Regulatory
  6  Commission. However, where two taxpayers, in connection with
  7  the interchange of facilities, rent or lease property, each to
  8  the other, for use in providing or furnishing any of the
  9  services mentioned in s. 166.231, the term "lease or rental"
10  means only the net amount of rental involved.
11         Section 13.  Effective July 1, 2002, paragraph (b) of
12  subsection (14) of section 212.06, Florida Statutes, is
13  amended to read:
14         212.06  Sales, storage, use tax; collectible from
15  dealers; "dealer" defined; dealers to collect from purchasers;
16  legislative intent as to scope of tax.--
17         (14)  For the purpose of determining whether a person
18  is improving real property, the term:
19         (b)  "Fixtures" means items that are an accessory to a
20  building, other structure, or land and that do not lose their
21  identity as accessories when installed but that do become
22  permanently attached to realty. However, the term does not
23  include the following items, whether or not such items are
24  attached to real property in a permanent manner: trade
25  fixtures; property of a type that is required to be
26  registered, licensed, titled, or documented by this state or
27  by the United States Government, including, but not limited
28  to, mobile homes, except mobile homes assessed as real
29  property,; or industrial machinery or equipment. For purposes
30  of this paragraph, industrial machinery or equipment is not
31  limited to machinery and equipment used to manufacture,
                                  21
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    CS for SB 426                                 Second Engrossed
  1  process, compound, or produce tangible personal property. For
  2  an item to be considered a fixture, it is not necessary that
  3  the owner of the item also own the real property to which it
  4  is attached.
  5         Section 14.  It is the intent of the Legislature that
  6  the amendment made by this act to section 212.06(14)(b),
  7  Florida Statutes, relating to industrial machinery or
  8  equipment, is remedial in nature and merely clarifies existing
  9  law. However, nothing contained in this act shall authorize an
10  assessment of additional tax, penalty, or interest against any
11  taxpayer that complied with section 212.06(14)(b), Florida
12  Statutes, as amended by chapter 98-141, Laws of Florida,
13  effective July 1, 1998, nor shall any taxpayer be entitled to
14  a refund of taxes previously paid due to the retroactive
15  effect of this act.
16         Section 15.  Effective July 1, 2002, paragraph (b) of
17  subsection (1) of section 212.07, Florida Statutes, is
18  amended, and subsection (9) is added to said section, to read:
19         212.07  Sales, storage, use tax; tax added to purchase
20  price; dealer not to absorb; liability of purchasers who
21  cannot prove payment of the tax; penalties; general
22  exemptions.--
23         (1)
24         (b)  A resale must be in strict compliance with s.
25  212.18 and the rules and regulations, and any dealer who makes
26  a sale for resale which is not in strict compliance with s.
27  212.18 and the rules and regulations shall himself or herself
28  be liable for and pay the tax. Any dealer who makes a sale for
29  resale shall document the exempt nature of the transaction, as
30  established by rules promulgated by the department, by
31  retaining a copy of the purchaser's resale certificate.  In
                                  22
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    CS for SB 426                                 Second Engrossed
  1  lieu of maintaining a copy of the certificate, a dealer may
  2  document, prior to the time of sale, an authorization number
  3  provided telephonically or electronically by the department,
  4  or by such other means established by rule of the department.
  5  The department shall adopt rules that provide that, for
  6  purchasers who purchase on account from a dealer on a
  7  continual basis, The dealer may rely on a resale certificate
  8  issued pursuant to s. 212.18(3)(c), valid at the time of
  9  receipt from the purchaser, without seeking annual
10  verification of the resale certificate if the dealer makes
11  recurring sales to a purchaser in the normal course of
12  business on a continual basis. For purposes of this paragraph,
13  "recurring sales to a purchaser in the normal course of
14  business" refers to a sale in which the dealer extends credit
15  to the purchaser and records the debt as an account
16  receivable, or in which the dealer sells to a purchaser who
17  has an established cash or C.O.D. account, similar to an open
18  credit account.  For purposes of this paragraph, purchases are
19  made from a selling dealer on a continual basis if the selling
20  dealer makes, in the normal course of business, sales to the
21  purchaser no less frequently than once in every 12-month
22  period.  A dealer may, through the informal protest provided
23  for in s. 213.21 and the rules of the Department of Revenue,
24  provide the department with evidence of the exempt status of a
25  sale. Consumer certificates of exemption executed by those
26  exempt entities that were registered with the department at
27  the time of sale, resale certificates provided by purchasers
28  who were active dealers at the time of sale, and verification
29  by the department of a purchaser's active dealer status at the
30  time of sale in lieu of a resale certificate shall be accepted
31  by the department when submitted during the protest period,
                                  23
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    CS for SB 426                                 Second Engrossed
  1  but may not be accepted in any proceeding under chapter 120 or
  2  any circuit court action instituted under chapter 72.
  3         (9)(a)  If a purchaser engaging in transactions taxable
  4  under this chapter did not pay tax to a vendor based on a good
  5  faith belief that the transaction was a nontaxable purchase
  6  for resale or the transaction was exempt as a purchase by an
  7  organization exempt from tax under this chapter, except as
  8  provided in paragraph (b), neither the purchaser nor the
  9  vendor is directly liable for any tax, interest, or penalty
10  that would otherwise be due if the following conditions are
11  met:
12         1.  At the time of the purchase, the purchaser was not
13  registered as a dealer with the department or did not hold a
14  consumer's certificate of exemption from the department.
15         2.  At the time of the purchase, the purchaser was
16  qualified to register with the department as a dealer or to
17  receive a consumer's certificate of exemption from the
18  department.
19         3.  Before applying for treatment under this
20  subsection, the purchaser has registered with the department
21  as a dealer or has applied for and received a consumer's
22  certificate of exemption from the department.
23         4.  The purchaser establishes justifiable cause for
24  failure to register as a dealer or to obtain a consumer's
25  certificate of exemption before making the purchase. Whether a
26  purchaser has established justifiable cause for failure to
27  register depends on the facts and circumstances of each case,
28  including, but not limited to, such factors as the complexity
29  of the transaction, the purchaser's business experience and
30  history, whether the purchaser sought advice on its tax
31
                                  24
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    CS for SB 426                                 Second Engrossed
  1  obligations, whether any such advice was followed, and any
  2  remedial action taken by the purchaser.
  3         5.  The transaction would otherwise qualify as exempt
  4  under this chapter except for the fact that at the time of the
  5  purchase the purchaser was not registered as a dealer with the
  6  department or did not hold a consumer's certificate of
  7  exemption from the department.
  8         6.  Relief pursuant to this subsection is applied for:
  9         a.  Before the department has initiated any audit or
10  other action or inquiry in regard to the purchaser or the
11  vendor; or
12         b.  If any audit or other action or inquiry of the
13  purchaser or the vendor has already been initiated, within 7
14  days after being informed in writing by the department that
15  the purchaser was required to be registered or to hold a
16  consumer's certificate of exemption at the time the
17  transaction occurred.
18         (b)  In lieu of the tax, penalties, and interest that
19  would otherwise have been due, the department shall impose and
20  collect the following mandatory penalties, which the
21  department may not waive:
22         1.  If a purchaser or vendor applies for relief before
23  the department initiates any audit or other action or inquiry,
24  the mandatory penalty is the lesser of $1,000 or 10 percent of
25  the total tax due on transactions that qualify for treatment
26  under this subsection.
27         2.  If a purchaser or vendor applies for relief after
28  an audit or other action or inquiry has already been initiated
29  by the department, the mandatory penalty is the lesser of
30  $5,000 or 20 percent of the total tax due on transactions that
31  qualify for treatment under this subsection.
                                  25
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    CS for SB 426                                 Second Engrossed
  1
  2  The department may impose and collect the mandatory penalties
  3  from either the purchaser or the vendor that failed to obtain
  4  proper documentation at the time of the transaction.
  5         (c)  The department may adopt forms and rules to
  6  administer this subsection.
  7         Section 16.  It is the intent of the Legislature that
  8  section 212.07(9), Florida Statutes, created by this act,
  9  applies to all pending sales and use tax audits or other
10  actions or inquiries, including those currently under protest
11  or in litigation. Taxpayers in such pending audits or other
12  actions or inquiries have until the later of the date provided
13  by section 212.07(9)(b), Florida Statutes, or 90 days after
14  the effective date of this act to apply for the treatment
15  provided in such paragraph. This section does not create any
16  right to refund for taxes previously assessed and paid in
17  regard to audits or other actions or inquires that are no
18  longer pending.
19         Section 17.  Effective upon this act becoming a law and
20  operating retroactively to July 1, 1996, paragraph (c) of
21  subsection (5) of section 212.08, Florida Statutes, is amended
22  to read:
23         212.08  Sales, rental, use, consumption, distribution,
24  and storage tax; specified exemptions.--The sale at retail,
25  the rental, the use, the consumption, the distribution, and
26  the storage to be used or consumed in this state of the
27  following are hereby specifically exempt from the tax imposed
28  by this chapter.
29         (5)  EXEMPTIONS; ACCOUNT OF USE.--
30         (c)  Machinery and equipment used in production of
31  electrical or steam energy.--
                                  26
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    CS for SB 426                                 Second Engrossed
  1         1.  The purchase of machinery and equipment for use at
  2  a fixed location which machinery and equipment are necessary
  3  in the production of electrical or steam energy resulting from
  4  the burning of boiler fuels other than residual oil is exempt
  5  from the tax imposed by this chapter.  Such electrical or
  6  steam energy must be primarily for use in manufacturing,
  7  processing, compounding, or producing for sale items of
  8  tangible personal property in this state. Use of a de minimis
  9  amount of residual fuel to facilitate the burning of
10  nonresidual fuel shall not reduce the exemption otherwise
11  available under this paragraph.
12         2.  In facilities where machinery and equipment are
13  necessary to burn both residual and nonresidual fuels, the
14  exemption shall be prorated. Such proration shall be based
15  upon the production of electrical or steam energy from
16  nonresidual fuels as a percentage of electrical or steam
17  energy from all fuels. If it is determined that 15 percent or
18  less of all electrical or steam energy generated was produced
19  by burning residual fuel, the full exemption shall apply.
20  Purchasers claiming a partial exemption shall obtain such
21  exemption by refund of taxes paid, or as otherwise provided in
22  the department's rules.
23         3.  The department may adopt rules that provide for
24  implementation of this exemption. Purchasers of machinery and
25  equipment qualifying for the exemption provided in this
26  paragraph shall furnish the vendor department with an
27  affidavit stating that the item or items to be exempted are
28  for the use designated herein. Any person furnishing a false
29  affidavit to the vendor for the purpose of evading payment of
30  any tax imposed under this chapter shall be subject to the
31  penalty set forth in s. 212.085 and as otherwise provided by
                                  27
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    CS for SB 426                                 Second Engrossed
  1  law. Purchasers with self-accrual authority shall maintain all
  2  documentation necessary to prove the exempt status of
  3  purchases.
  4         Section 18.  Effective July 1, 2002, paragraphs (b),
  5  (d), and (f) of subsection (5) of section 212.08, Florida
  6  Statutes, are amended to read:
  7         212.08  Sales, rental, use, consumption, distribution,
  8  and storage tax; specified exemptions.--The sale at retail,
  9  the rental, the use, the consumption, the distribution, and
10  the storage to be used or consumed in this state of the
11  following are hereby specifically exempt from the tax imposed
12  by this chapter.
13         (5)  EXEMPTIONS; ACCOUNT OF USE.--
14         (b)  Machinery and equipment used to increase
15  productive output.--
16         1.  Industrial machinery and equipment purchased for
17  exclusive use by a new business in spaceport activities as
18  defined by s. 212.02 or for use in new businesses which
19  manufacture, process, compound, or produce for sale items of
20  tangible personal property at fixed locations are exempt from
21  the tax imposed by this chapter upon an affirmative showing by
22  the taxpayer to the satisfaction of the department that such
23  items are used in a new business in this state. Such purchases
24  must be made prior to the date the business first begins its
25  productive operations, and delivery of the purchased item must
26  be made within 12 months of that date.
27         2.a.  Industrial machinery and equipment purchased for
28  exclusive use by an expanding facility which is engaged in
29  spaceport activities as defined by s. 212.02 or for use in
30  expanding manufacturing facilities or plant units which
31  manufacture, process, compound, or produce for sale items of
                                  28
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    CS for SB 426                                 Second Engrossed
  1  tangible personal property at fixed locations in this state
  2  are exempt from any amount of tax imposed by this chapter in
  3  excess of $50,000 per calendar year upon an affirmative
  4  showing by the taxpayer to the satisfaction of the department
  5  that such items are used to increase the productive output of
  6  such expanded facility or business by not less than 10
  7  percent.
  8         b.  Notwithstanding any other provision of this
  9  section, industrial machinery and equipment purchased for use
10  in expanding printing manufacturing facilities or plant units
11  that manufacture, process, compound, or produce for sale items
12  of tangible personal property at fixed locations in this state
13  are exempt from any amount of tax imposed by this chapter upon
14  an affirmative showing by the taxpayer to the satisfaction of
15  the department that such items are used to increase the
16  productive output of such an expanded business by not less
17  than 10 percent.
18         3.a.  To receive an exemption provided by subparagraph
19  1. or subparagraph 2., a qualifying business entity shall
20  apply to the department for a temporary tax exemption permit.
21  The application shall state that a new business exemption or
22  expanded business exemption is being sought. Upon a tentative
23  affirmative determination by the department pursuant to
24  subparagraph 1. or subparagraph 2., the department shall issue
25  such permit.
26         b.  The applicant shall be required to maintain all
27  necessary books and records to support the exemption. Upon
28  completion of purchases of qualified machinery and equipment
29  pursuant to subparagraph 1. or subparagraph 2., the temporary
30  tax permit shall be delivered to the department or returned to
31  the department by certified or registered mail.
                                  29
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    CS for SB 426                                 Second Engrossed
  1         c.  If, in a subsequent audit conducted by the
  2  department, it is determined that the machinery and equipment
  3  purchased as exempt under subparagraph 1. or subparagraph 2.
  4  did not meet the criteria mandated by this paragraph or if
  5  commencement of production did not occur, the amount of taxes
  6  exempted at the time of purchase shall immediately be due and
  7  payable to the department by the business entity, together
  8  with the appropriate interest and penalty, computed from the
  9  date of purchase, in the manner prescribed by this chapter.
10         d.  In the event a qualifying business entity fails to
11  apply for a temporary exemption permit or if the tentative
12  determination by the department required to obtain a temporary
13  exemption permit is negative, a qualifying business entity
14  shall receive the exemption provided in subparagraph 1. or
15  subparagraph 2. through a refund of previously paid taxes. No
16  refund may be made for such taxes unless the criteria mandated
17  by subparagraph 1. or subparagraph 2. have been met and
18  commencement of production has occurred.
19         4.  The department shall adopt promulgate rules
20  governing applications for, issuance of, and the form of
21  temporary tax exemption permits; provisions for recapture of
22  taxes; and the manner and form of refund applications and may
23  establish guidelines as to the requisites for an affirmative
24  showing of increased productive output, commencement of
25  production, and qualification for exemption.
26         5.  The exemptions provided in subparagraphs 1. and 2.
27  do not apply to machinery or equipment purchased or used by
28  electric utility companies, communications companies, oil or
29  gas exploration or production operations, publishing firms
30  that do not export at least 50 percent of their finished
31  product out of the state, any firm subject to regulation by
                                  30
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    CS for SB 426                                 Second Engrossed
  1  the Division of Hotels and Restaurants of the Department of
  2  Business and Professional Regulation, or any firm which does
  3  not manufacture, process, compound, or produce for sale items
  4  of tangible personal property or which does not use such
  5  machinery and equipment in spaceport activities as required by
  6  this paragraph. The exemptions provided in subparagraphs 1.
  7  and 2. shall apply to machinery and equipment purchased for
  8  use in phosphate or other solid minerals severance, mining, or
  9  processing operations only by way of a prospective credit
10  against taxes due under chapter 211 for taxes paid under this
11  chapter on such machinery and equipment.
12         6.  For the purposes of the exemptions provided in
13  subparagraphs 1. and 2., these terms have the following
14  meanings:
15         a.  "Industrial machinery and equipment" means tangible
16  personal property or other property that has a depreciable
17  life of 3 years or more and that is used as an integral part
18  in the manufacturing, processing, compounding, or production
19  of tangible personal property for sale or is exclusively used
20  in spaceport activities. A building and its structural
21  components are not industrial machinery and equipment unless
22  the building or structural component is so closely related to
23  the industrial machinery and equipment that it houses or
24  supports that the building or structural component can be
25  expected to be replaced when the machinery and equipment are
26  replaced. Heating and air conditioning systems are not
27  industrial machinery and equipment unless the sole
28  justification for their installation is to meet the
29  requirements of the production process, even though the system
30  may provide incidental comfort to employees or serve, to an
31  insubstantial degree, nonproduction activities "section 38
                                  31
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    CS for SB 426                                 Second Engrossed
  1  property" as defined in s. 48(a)(1)(A) and (B)(i) of the
  2  Internal Revenue Code, provided "industrial machinery and
  3  equipment" shall be construed by regulations adopted by the
  4  Department of Revenue to mean tangible property used as an
  5  integral part of spaceport activities or of the manufacturing,
  6  processing, compounding, or producing for sale of items of
  7  tangible personal property. The Such term includes parts and
  8  accessories only to the extent that the exemption thereof is
  9  consistent with the provisions of this paragraph.
10         b.  "Productive output" means the number of units
11  actually produced by a single plant or operation in a single
12  continuous 12-month period, irrespective of sales. Increases
13  in productive output shall be measured by the output for 12
14  continuous months immediately following the completion of
15  installation of such machinery or equipment over the output
16  for the 12 continuous months immediately preceding such
17  installation. However, if a different 12-month continuous
18  period of time would more accurately reflect the increase in
19  productive output of machinery and equipment purchased to
20  facilitate an expansion, the increase in productive output may
21  be measured during that 12-month continuous period of time if
22  such time period is mutually agreed upon by the Department of
23  Revenue and the expanding business prior to the commencement
24  of production; provided, however, in no case may such time
25  period begin later than 2 years following the completion of
26  installation of the new machinery and equipment. The units
27  used to measure productive output shall be physically
28  comparable between the two periods, irrespective of sales.
29         (d)  Machinery and equipment used under federal
30  procurement contract.--
31
                                  32
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    CS for SB 426                                 Second Engrossed
  1         1.  Industrial machinery and equipment purchased by an
  2  expanding business which manufactures tangible personal
  3  property pursuant to federal procurement regulations at fixed
  4  locations in this state are partially exempt from the tax
  5  imposed in this chapter on that portion of the tax which is in
  6  excess of $100,000 per calendar year upon an affirmative
  7  showing by the taxpayer to the satisfaction of the department
  8  that such items are used to increase the implicit productive
  9  output of the expanded business by not less than 10 percent.
10  The percentage of increase is measured as deflated implicit
11  productive output for the calendar year during which the
12  installation of the machinery or equipment is completed or
13  during which commencement of production utilizing such items
14  is begun divided by the implicit productive output for the
15  preceding calendar year.  In no case may the commencement of
16  production begin later than 2 years following completion of
17  installation of the machinery or equipment.
18         2.  The amount of the exemption allowed shall equal the
19  taxes otherwise imposed by this chapter in excess of $100,000
20  per calendar year on qualifying industrial machinery or
21  equipment reduced by the percentage of gross receipts from
22  cost-reimbursement type contracts attributable to the plant or
23  operation to total gross receipts so attributable, accrued for
24  the year of completion or commencement.
25         3.  The exemption provided by this paragraph shall
26  inure to the taxpayer only through refund of previously paid
27  taxes.  Such refund shall be made within 30 days of formal
28  approval by the department of the taxpayer's application,
29  which application may be made on an annual basis following
30  installation of the machinery or equipment.
31         4.  For the purposes of this paragraph, the term:
                                  33
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    CS for SB 426                                 Second Engrossed
  1         a.  "Cost-reimbursement type contracts" has the same
  2  meaning as in 32 C.F.R. s. 3-405.
  3         b.  "Deflated implicit productive output" means the
  4  product of implicit productive output times the quotient of
  5  the national defense implicit price deflator for the preceding
  6  calendar year divided by the deflator for the year of
  7  completion or commencement.
  8         c.  "Eligible costs" means the total direct and
  9  indirect costs, as defined in 32 C.F.R. ss. 15-202 and 15-203,
10  excluding general and administrative costs, selling expenses,
11  and profit, defined by the uniform cost-accounting standards
12  adopted by the Cost-Accounting Standards Board created
13  pursuant to 50 U.S.C. s. 2168.
14         d.  "Implicit productive output" means the annual
15  eligible costs attributable to all contracts or subcontracts
16  subject to federal procurement regulations of the single plant
17  or operation at which the machinery or equipment is used.
18         e.  "Industrial machinery and equipment" means tangible
19  personal property or other property that has a depreciable
20  life of 3 years or more, that qualifies as an eligible cost
21  under federal procurement regulations, and that is used as an
22  integral part of the process of production of tangible
23  personal property. A building and its structural components
24  are not industrial machinery and equipment unless the building
25  or structural component is so closely related to the
26  industrial machinery and equipment that it houses or supports
27  that the building or structural component can be expected to
28  be replaced when the machinery and equipment are replaced.
29  Heating and air conditioning systems are not industrial
30  machinery and equipment unless the sole justification for
31  their installation is to meet the requirements of the
                                  34
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    CS for SB 426                                 Second Engrossed
  1  production process, even though the system may provide
  2  incidental comfort to employees or serve, to an insubstantial
  3  degree, nonproduction activities "section 38 property" as
  4  defined in s. 48(a)(1)(A) and (B)(i) of the Internal Revenue
  5  Code, provided such industrial machinery and equipment
  6  qualified as an eligible cost under federal procurement
  7  regulations and are used as an integral part of the tangible
  8  personal property production process.  The Such term includes
  9  parts and accessories only to the extent that the exemption of
10  such parts and accessories is consistent with the provisions
11  of this paragraph.
12         f.  "National defense implicit price deflator" means
13  the national defense implicit price deflator for the gross
14  national product as determined by the Bureau of Economic
15  Analysis of the United States Department of Commerce.
16         5.  The exclusions provided in subparagraph (b)5. apply
17  to this exemption.  This exemption applies only to machinery
18  or equipment purchased pursuant to production contracts with
19  the United States Department of Defense and Armed Forces, the
20  National Aeronautics and Space Administration, and other
21  federal agencies for which the contracts are classified for
22  national security reasons.  In no event shall the provisions
23  of this paragraph apply to any expanding business the increase
24  in productive output of which could be measured under the
25  provisions of sub-subparagraph (b)6.b. as physically
26  comparable between the two periods.
27         (f)  Motion picture or video equipment used in motion
28  picture or television production activities and sound
29  recording equipment used in the production of master tapes and
30  master records.--
31
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    CS for SB 426                                 Second Engrossed
  1         1.  Motion picture or video equipment and sound
  2  recording equipment purchased or leased for use in this state
  3  in production activities is exempt from the tax imposed by
  4  this chapter. The exemption provided by this paragraph shall
  5  inure to the taxpayer upon presentation of the certificate of
  6  exemption issued to the taxpayer under the provisions of s.
  7  288.1258.
  8         2.  For the purpose of the exemption provided in
  9  subparagraph 1.:
10         a.  "Motion picture or video equipment" and "sound
11  recording equipment" includes only tangible personal property
12  or other property that has a depreciable life of 3 years or
13  more and equipment meeting the definition of "section 38
14  property" as defined in s. 48(a)(1)(A) and (B)(i) of the
15  Internal Revenue Code that is used by the lessee or purchaser
16  exclusively as an integral part of production activities;
17  however, motion picture or video equipment and sound recording
18  equipment does not include supplies, tape, records, film, or
19  video tape used in productions or other similar items;
20  vehicles or vessels; or general office equipment not
21  specifically suited to production activities.  In addition,
22  the term does not include equipment purchased or leased by
23  television or radio broadcasting or cable companies licensed
24  by the Federal Communications Commission. Furthermore, a
25  building and its structural components are not motion picture
26  or video equipment and sound recording equipment unless the
27  building or structural component is so closely related to the
28  motion picture or video equipment and sound recording
29  equipment that it houses or supports that the building or
30  structural component can be expected to be replaced when the
31  motion picture or video equipment and sound recording
                                  36
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    CS for SB 426                                 Second Engrossed
  1  equipment are replaced. Heating and air conditioning systems
  2  are not motion picture or video equipment and sound recording
  3  equipment unless the sole justification for their installation
  4  is to meet the requirements of the production activities, even
  5  though the system may provide incidental comfort to employees
  6  or serve, to an insubstantial degree, nonproduction
  7  activities.
  8         b.  "Production activities" means activities directed
  9  toward the preparation of a:
10         (I)  Master tape or master record embodying sound; or
11         (II)  Motion picture or television production which is
12  produced for theatrical, commercial, advertising, or
13  educational purposes and utilizes live or animated actions or
14  a combination of live and animated actions. The motion picture
15  or television production shall be commercially produced for
16  sale or for showing on screens or broadcasting on television
17  and may be on film or video tape.
18         Section 19.  (1)  It is the intent of the Legislature
19  to provide guidance in tax matters which is current and
20  useful. Accordingly, the Legislature finds that continued
21  reference to a federal regulation that no longer exists causes
22  confusion and an undue burden on persons affected by section
23  212.08, Florida Statutes.
24         (2)  It is the purpose of the amendments made by this
25  act to section 212.08(5)(b), (d), and (f), Florida Statutes,
26  to replace specific references in such paragraphs to "section
27  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the
28  Internal Revenue Code with a general description of such
29  property, and such new description shall have the same meaning
30  as the former federal Internal Revenue Code regulation without
31  limitation.
                                  37
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    CS for SB 426                                 Second Engrossed
  1         Section 20.  Effective July 1, 2002, subsections (7)
  2  and (10) of section 212.08, Florida Statutes, are amended to
  3  read:
  4         212.08  Sales, rental, use, consumption, distribution,
  5  and storage tax; specified exemptions.--The sale at retail,
  6  the rental, the use, the consumption, the distribution, and
  7  the storage to be used or consumed in this state of the
  8  following are hereby specifically exempt from the tax imposed
  9  by this chapter.
10         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to
11  any entity by this chapter do not inure to any transaction
12  that is otherwise taxable under this chapter when payment is
13  made by a representative or employee of the entity by any
14  means, including, but not limited to, cash, check, or credit
15  card, even when that representative or employee is
16  subsequently reimbursed by the entity. In addition, exemptions
17  provided to any entity by this subsection do not inure to any
18  transaction that is otherwise taxable under this chapter
19  unless the entity has obtained a sales tax exemption
20  certificate from the department or the entity obtains or
21  provides other documentation as required by the department.
22  Eligible purchases or leases made with such a certificate must
23  be in strict compliance with this subsection and departmental
24  rules, and any person who makes an exempt purchase with a
25  certificate that is not in strict compliance with this
26  subsection and the rules is liable for and shall pay the tax.
27  The department may adopt rules to administer this subsection.
28         (a)  Artificial commemorative flowers.--Exempt from the
29  tax imposed by this chapter is the sale of artificial
30  commemorative flowers by bona fide nationally chartered
31  veterans' organizations.
                                  38
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    CS for SB 426                                 Second Engrossed
  1         (b)  Boiler fuels.--When purchased for use as a
  2  combustible fuel, purchases of natural gas, residual oil,
  3  recycled oil, waste oil, solid waste material, coal, sulfur,
  4  wood, wood residues or wood bark used in an industrial
  5  manufacturing, processing, compounding, or production process
  6  at a fixed location in this state are exempt from the taxes
  7  imposed by this chapter; however, such exemption shall not be
  8  allowed unless the purchaser signs a certificate stating that
  9  the fuel to be exempted is for the exclusive use designated
10  herein. This exemption does not apply to the use of boiler
11  fuels that are not used in manufacturing, processing,
12  compounding, or producing items of tangible personal property
13  for sale, or to the use of boiler fuels used by any firm
14  subject to regulation by the Division of Hotels and
15  Restaurants of the Department of Business and Professional
16  Regulation.
17         (c)  Crustacea bait.--Also exempt from the tax imposed
18  by this chapter is the purchase by commercial fishers of bait
19  intended solely for use in the entrapment of Callinectes
20  sapidus and Menippe mercenaria.
21         (d)  Feeds.--Feeds for poultry, ostriches, and
22  livestock, including racehorses and dairy cows, are exempt.
23         (e)  Film rentals.--Film rentals are exempt when an
24  admission is charged for viewing such film, and license fees
25  and direct charges for films, videotapes, and transcriptions
26  used by television or radio stations or networks are exempt.
27         (f)  Flags.--Also exempt are sales of the flag of the
28  United States and the official state flag of Florida.
29         (g)  Florida Retired Educators Association and its
30  local chapters.--Also exempt from payment of the tax imposed
31  by this chapter are purchases of office supplies, equipment,
                                  39
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    CS for SB 426                                 Second Engrossed
  1  and publications made by the Florida Retired Educators
  2  Association and its local chapters.
  3         (h)  Guide dogs for the blind.--Also exempt are the
  4  sale or rental of guide dogs for the blind, commonly referred
  5  to as "seeing-eye dogs," and the sale of food or other items
  6  for such guide dogs.
  7         1.  The department shall issue a consumer's certificate
  8  of exemption to any blind person who holds an identification
  9  card as provided for in s. 413.091 and who either owns or
10  rents, or contemplates the ownership or rental of, a guide dog
11  for the blind. The consumer's certificate of exemption shall
12  be issued without charge and shall be of such size as to be
13  capable of being carried in a wallet or billfold.
14         2.  The department shall make such rules concerning
15  items exempt from tax under the provisions of this paragraph
16  as may be necessary to provide that any person authorized to
17  have a consumer's certificate of exemption need only present
18  such a certificate at the time of paying for exempt goods and
19  shall not be required to pay any tax thereon.
20         (i)  Hospital meals and rooms.--Also exempt from
21  payment of the tax imposed by this chapter on rentals and
22  meals are patients and inmates of any hospital or other
23  physical plant or facility designed and operated primarily for
24  the care of persons who are ill, aged, infirm, mentally or
25  physically incapacitated, or otherwise dependent on special
26  care or attention. Residents of a home for the aged are exempt
27  from payment of taxes on meals provided through the facility.
28  A home for the aged is defined as a facility that is licensed
29  or certified in part or in whole under chapter 400 or chapter
30  651, or that is financed by a mortgage loan made or insured by
31  the United States Department of Housing and Urban Development
                                  40
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    CS for SB 426                                 Second Engrossed
  1  under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4),
  2  s. 232, or s. 236 of the National Housing Act, or other such
  3  similar facility designed and operated primarily for the care
  4  of the aged.
  5         (j)  Household fuels.--Also exempt from payment of the
  6  tax imposed by this chapter are sales of utilities to
  7  residential households or owners of residential models in this
  8  state by utility companies who pay the gross receipts tax
  9  imposed under s. 203.01, and sales of fuel to residential
10  households or owners of residential models, including oil,
11  kerosene, liquefied petroleum gas, coal, wood, and other fuel
12  products used in the household or residential model for the
13  purposes of heating, cooking, lighting, and refrigeration,
14  regardless of whether such sales of utilities and fuels are
15  separately metered and billed direct to the residents or are
16  metered and billed to the landlord. If any part of the utility
17  or fuel is used for a nonexempt purpose, the entire sale is
18  taxable. The landlord shall provide a separate meter for
19  nonexempt utility or fuel consumption.  For the purposes of
20  this paragraph, licensed family day care homes shall also be
21  exempt.
22         (k)  Meals provided by certain nonprofit
23  organizations.--There is exempt from the tax imposed by this
24  chapter the sale of prepared meals by a nonprofit volunteer
25  organization to handicapped, elderly, or indigent persons when
26  such meals are delivered as a charitable function by the
27  organization to such persons at their places of residence.
28         (l)  Organizations providing special educational,
29  cultural, recreational, and social benefits to minors.--Also
30  exempt from the tax imposed by this chapter are sales or
31  leases to and sales of donated property by nonprofit
                                  41
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    CS for SB 426                                 Second Engrossed
  1  organizations which are incorporated pursuant to chapter 617
  2  the primary purpose of which is providing activities that
  3  contribute to the development of good character or good
  4  sportsmanship, or to the educational or cultural development,
  5  of minors.  This exemption is extended only to that level of
  6  the organization that has a salaried executive officer or an
  7  elected nonsalaried executive officer. For the purpose of this
  8  paragraph, the term "donated property" means any property
  9  transferred to such nonprofit organization for less than 50
10  percent of its fair market value.
11         (m)  Religious institutions.--
12         1.  There are exempt from the tax imposed by this
13  chapter transactions involving sales or leases directly to
14  religious institutions when used in carrying on their
15  customary nonprofit religious activities or sales or leases of
16  tangible personal property by religious institutions having an
17  established physical place for worship at which nonprofit
18  religious services and activities are regularly conducted and
19  carried on.
20         2.  As used in this paragraph, the term "religious
21  institutions" means churches, synagogues, and established
22  physical places for worship at which nonprofit religious
23  services and activities are regularly conducted and carried
24  on. The term "religious institutions" includes nonprofit
25  corporations the sole purpose of which is to provide free
26  transportation services to church members, their families, and
27  other church attendees. The term "religious institutions" also
28  includes nonprofit state, nonprofit district, or other
29  nonprofit governing or administrative offices the function of
30  which is to assist or regulate the customary activities of
31  religious institutions. The term "religious institutions" also
                                  42
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    CS for SB 426                                 Second Engrossed
  1  includes any nonprofit corporation that is qualified as
  2  nonprofit under s. 501(c)(3) of the Internal Revenue Code of
  3  1986, as amended, and that owns and operates a Florida
  4  television station, at least 90 percent of the programming of
  5  which station consists of programs of a religious nature and
  6  the financial support for which, exclusive of receipts for
  7  broadcasting from other nonprofit organizations, is
  8  predominantly from contributions from the general public. The
  9  term "religious institutions" also includes any nonprofit
10  corporation that is qualified as nonprofit under s. 501(c)(3)
11  of the Internal Revenue Code of 1986, as amended, the primary
12  activity of which is making and distributing audio recordings
13  of religious scriptures and teachings to blind or visually
14  impaired persons at no charge. The term "religious
15  institutions" also includes any nonprofit corporation that is
16  qualified as nonprofit under s. 501(c)(3) of the Internal
17  Revenue Code of 1986, as amended, the sole or primary function
18  of which is to provide, upon invitation, nonprofit religious
19  services, evangelistic services, religious education,
20  administrative assistance, or missionary assistance for a
21  church, synagogue, or established physical place of worship at
22  which nonprofit religious services and activities are
23  regularly conducted.
24         (n)  Veterans' organizations.--
25         1.  There are exempt from the tax imposed by this
26  chapter transactions involving sales or leases to qualified
27  veterans' organizations and their auxiliaries when used in
28  carrying on their customary veterans' organization activities.
29         2.  As used in this paragraph, the term "veterans'
30  organizations" means nationally chartered or recognized
31  veterans' organizations, including, but not limited to,
                                  43
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    CS for SB 426                                 Second Engrossed
  1  Florida chapters of the Paralyzed Veterans of America,
  2  Catholic War Veterans of the U.S.A., Jewish War Veterans of
  3  the U.S.A., and the Disabled American Veterans, Department of
  4  Florida, Inc., which hold current exemptions from federal
  5  income tax under s. 501(c)(4) or (19) of the Internal Revenue
  6  Code of 1986, as amended.
  7         (o)  Schools, colleges, and universities.--Also exempt
  8  from the tax imposed by this chapter are sales or leases to
  9  state tax-supported schools, colleges, or universities.
10         (p)  Section 501(c)(3) organizations.--Also exempt from
11  the tax imposed by this chapter are sales or leases to
12  organizations determined by the Internal Revenue Service to be
13  currently exempt from federal income tax pursuant to s.
14  501(c)(3) of the Internal Revenue Code of 1986, as amended,
15  when such leases or purchases are used in carrying on their
16  customary nonprofit activities.
17         (q)  Resource recovery equipment.--Also exempt is
18  resource recovery equipment which is owned and operated by or
19  on behalf of any county or municipality, certified by the
20  Department of Environmental Protection under the provisions of
21  s. 403.715.
22         (r)  School books and school lunches.--This exemption
23  applies to school books used in regularly prescribed courses
24  of study, and to school lunches served in public, parochial,
25  or nonprofit schools operated for and attended by pupils of
26  grades K through 12.  Yearbooks, magazines, newspapers,
27  directories, bulletins, and similar publications distributed
28  by such educational institutions to their students are also
29  exempt. School books and food sold or served at community
30  colleges and other institutions of higher learning are
31  taxable.
                                  44
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    CS for SB 426                                 Second Engrossed
  1         (s)  Tasting beverages.--Vinous and alcoholic beverages
  2  provided by distributors or vendors for the purpose of "wine
  3  tasting" and "spirituous beverage tasting" as contemplated
  4  under the provisions of ss. 564.06 and 565.12, respectively,
  5  are exempt from the tax imposed by this chapter.
  6         (t)  Boats temporarily docked in state.--
  7         1.  Notwithstanding the provisions of chapter 328,
  8  pertaining to the registration of vessels, a boat upon which
  9  the state sales or use tax has not been paid is exempt from
10  the use tax under this chapter if it enters and remains in
11  this state for a period not to exceed a total of 20 days in
12  any calendar year calculated from the date of first dockage or
13  slippage at a facility, registered with the department, that
14  rents dockage or slippage space in this state.  If a boat
15  brought into this state for use under this paragraph is placed
16  in a facility, registered with the department, for repairs,
17  alterations, refitting, or modifications and such repairs,
18  alterations, refitting, or modifications are supported by
19  written documentation, the 20-day period shall be tolled
20  during the time the boat is physically in the care, custody,
21  and control of the repair facility, including the time spent
22  on sea trials conducted by the facility.  The 20-day time
23  period may be tolled only once within a calendar year when a
24  boat is placed for the first time that year in the physical
25  care, custody, and control of a registered repair facility;
26  however, the owner may request and the department may grant an
27  additional tolling of the 20-day period for purposes of
28  repairs that arise from a written guarantee given by the
29  registered repair facility, which guarantee covers only those
30  repairs or modifications made during the first tolled period.
31  Within 72 hours after the date upon which the registered
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    CS for SB 426                                 Second Engrossed
  1  repair facility took possession of the boat, the facility must
  2  have in its possession, on forms prescribed by the department,
  3  an affidavit which states that the boat is under its care,
  4  custody, and control and that the owner does not use the boat
  5  while in the facility.  Upon completion of the repairs,
  6  alterations, refitting, or modifications, the registered
  7  repair facility must, within 72 hours after the date of
  8  release, have in its possession a copy of the release form
  9  which shows the date of release and any other information the
10  department requires. The repair facility shall maintain a log
11  that documents all alterations, additions, repairs, and sea
12  trials during the time the boat is under the care, custody,
13  and control of the facility.  The affidavit shall be
14  maintained by the registered repair facility as part of its
15  records for as long as required by s. 213.35.  When, within 6
16  months after the date of its purchase, a boat is brought into
17  this state under this paragraph, the 6-month period provided
18  in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled.
19         2.  During the period of repairs, alterations,
20  refitting, or modifications and during the 20-day period
21  referred to in subparagraph 1., the boat may be listed for
22  sale, contracted for sale, or sold exclusively by a broker or
23  dealer registered with the department without incurring a use
24  tax under this chapter; however, the sales tax levied under
25  this chapter applies to such sale.
26         3.  The mere storage of a boat at a registered repair
27  facility does not qualify as a tax-exempt use in this state.
28         4.  As used in this paragraph, "registered repair
29  facility" means:
30         a.  A full-service facility that:
31         (I)  Is located on a navigable body of water;
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    CS for SB 426                                 Second Engrossed
  1         (II)  Has haulout capability such as a dry dock, travel
  2  lift, railway, or similar equipment to service craft under the
  3  care, custody, and control of the facility;
  4         (III)  Has adequate piers and storage facilities to
  5  provide safe berthing of vessels in its care, custody, and
  6  control; and
  7         (IV)  Has necessary shops and equipment to provide
  8  repair or warranty work on vessels under the care, custody,
  9  and control of the facility;
10         b.  A marina that:
11         (I)  Is located on a navigable body of water;
12         (II)  Has adequate piers and storage facilities to
13  provide safe berthing of vessels in its care, custody, and
14  control; and
15         (III)  Has necessary shops and equipment to provide
16  repairs or warranty work on vessels; or
17         c.  A shoreside facility that:
18         (I)  Is located on a navigable body of water;
19         (II)  Has adequate piers and storage facilities to
20  provide safe berthing of vessels in its care, custody, and
21  control; and
22         (III)  Has necessary shops and equipment to provide
23  repairs or warranty work.
24         (u)  Volunteer fire departments.--Also exempt are
25  firefighting and rescue service equipment and supplies
26  purchased by volunteer fire departments, duly chartered under
27  the Florida Statutes as corporations not for profit.
28         (v)  Professional services.--
29         1.  Also exempted are professional, insurance, or
30  personal service transactions that involve sales as
31
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    CS for SB 426                                 Second Engrossed
  1  inconsequential elements for which no separate charges are
  2  made.
  3         2.  The personal service transactions exempted pursuant
  4  to subparagraph 1. do not exempt the sale of information
  5  services involving the furnishing of printed, mimeographed, or
  6  multigraphed matter, or matter duplicating written or printed
  7  matter in any other manner, other than professional services
  8  and services of employees, agents, or other persons acting in
  9  a representative or fiduciary capacity or information services
10  furnished to newspapers and radio and television stations.  As
11  used in this subparagraph, the term "information services"
12  includes the services of collecting, compiling, or analyzing
13  information of any kind or nature and furnishing reports
14  thereof to other persons.
15         3.  This exemption does not apply to any service
16  warranty transaction taxable under s. 212.0506.
17         4.  This exemption does not apply to any service
18  transaction taxable under s. 212.05(1)(j).
19         (w)  Certain newspaper, magazine, and newsletter
20  subscriptions, shoppers, and community newspapers.--Likewise
21  exempt are newspaper, magazine, and newsletter subscriptions
22  in which the product is delivered to the customer by mail.
23  Also exempt are free, circulated publications that are
24  published on a regular basis, the content of which is
25  primarily advertising, and that are distributed through the
26  mail, home delivery, or newsstands. The exemption for
27  newspaper, magazine, and newsletter subscriptions which is
28  provided in this paragraph applies only to subscriptions
29  entered into after March 1, 1997.
30         (x)  Sporting equipment brought into the
31  state.--Sporting equipment brought into Florida, for a period
                                  48
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    CS for SB 426                                 Second Engrossed
  1  of not more than 4 months in any calendar year, used by an
  2  athletic team or an individual athlete in a sporting event is
  3  exempt from the use tax if such equipment is removed from the
  4  state within 7 days after the completion of the event.
  5         (y)  Charter fishing vessels.--The charge for
  6  chartering any boat or vessel, with the crew furnished, solely
  7  for the purpose of fishing is exempt from the tax imposed
  8  under s. 212.04 or s. 212.05.  This exemption does not apply
  9  to any charge to enter or stay upon any "head-boat," party
10  boat, or other boat or vessel.  Nothing in this paragraph
11  shall be construed to exempt any boat from sales or use tax
12  upon the purchase thereof except as provided in paragraph (t)
13  and s. 212.05.
14         (z)  Vending machines sponsored by nonprofit or
15  charitable organizations.--Also exempt are food or drinks for
16  human consumption sold for 25 cents or less through a
17  coin-operated vending machine sponsored by a nonprofit
18  corporation qualified as nonprofit pursuant to s. 501(c)(3) or
19  (4) of the Internal Revenue Code of 1986, as amended.
20         (aa)  Certain commercial vehicles.--Also exempt is the
21  sale, lease, or rental of a commercial motor vehicle as
22  defined in s. 207.002(2), when the following conditions are
23  met:
24         1.  The sale, lease, or rental occurs between two
25  commonly owned and controlled corporations;
26         2.  Such vehicle was titled and registered in this
27  state at the time of the sale, lease, or rental; and
28         3.  Florida sales tax was paid on the acquisition of
29  such vehicle by the seller, lessor, or renter.
30         (bb)  Community cemeteries.--Also exempt are purchases
31  by any nonprofit corporation that has qualified under s.
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    CS for SB 426                                 Second Engrossed
  1  501(c)(13) of the Internal Revenue Code of 1986, as amended,
  2  and is operated for the purpose of maintaining a cemetery that
  3  was donated to the community by deed.
  4         (cc)  Works of art.--
  5         1.  Also exempt are works of art sold to or used by an
  6  educational institution.
  7         2.  This exemption also applies to the sale to or use
  8  in this state of any work of art by any person if it was
  9  purchased or imported exclusively for the purpose of being
10  donated to any educational institution, or loaned to and made
11  available for display by any educational institution, provided
12  that the term of the loan agreement is for at least 10 years.
13         3.  The exemption provided by this paragraph for
14  donations is allowed only if the person who purchased the work
15  of art transfers title to the donated work of art to an
16  educational institution. Such transfer of title shall be
17  evidenced by an affidavit meeting requirements established by
18  rule to document entitlement to the exemption. Nothing in this
19  paragraph shall preclude a work of art donated to an
20  educational institution from remaining in the possession of
21  the donor or purchaser, as long as title to the work of art
22  lies with the educational institution.
23         4.  A work of art is presumed to have been purchased in
24  or imported into this state exclusively for loan as provided
25  in subparagraph 2., if it is so loaned or placed in storage in
26  preparation for such a loan within 90 days after purchase or
27  importation, whichever is later; but a work of art is not
28  deemed to be placed in storage in preparation for loan for
29  purposes of this exemption if it is displayed at any place
30  other than an educational institution.
31
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    CS for SB 426                                 Second Engrossed
  1         5.  The exemptions provided by this paragraph are
  2  allowed only if the person who purchased the work of art gives
  3  to the vendor an affidavit meeting the requirements,
  4  established by rule, to document entitlement to the exemption.
  5  The person who purchased the work of art shall forward a copy
  6  of such affidavit to the Department of Revenue at the time it
  7  is issued to the vendor.
  8         6.  The exemption for loans provided by subparagraph 2.
  9  applies only for the period during which a work of art is in
10  the possession of the educational institution or is in storage
11  before transfer of possession to that institution; and when it
12  ceases to be so possessed or held, tax based upon the sales
13  price paid by the owner is payable, and the statute of
14  limitations provided in s. 95.091 shall begin to run at that
15  time. However, tax shall not become due if the work of art is
16  donated to an educational institution after the loan ceases.
17         7.  Any educational institution to which a work of art
18  has been donated pursuant to this paragraph shall make
19  available to the department the title to the work of art and
20  any other relevant information. Any educational institution
21  which has received a work of art on loan pursuant to this
22  paragraph shall make available to the department information
23  relating to the work of art. Any educational institution that
24  transfers from its possession a work of art as defined by this
25  paragraph which has been loaned to it must notify the
26  Department of Revenue within 60 days after the transfer.
27         8.  For purposes of the exemptions provided by this
28  paragraph, the term:
29         a.  "Educational institutions" includes state
30  tax-supported, parochial, church, and nonprofit private
31  schools, colleges, or universities that conduct regular
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    CS for SB 426                                 Second Engrossed
  1  classes and courses of study required for accreditation by or
  2  membership in the Southern Association of Colleges and
  3  Schools, the Florida Council of Independent Schools, or the
  4  Florida Association of Christian Colleges and Schools, Inc.;
  5  nonprofit private schools that conduct regular classes and
  6  courses of study accepted for continuing education credit by a
  7  board of the Division of Medical Quality Assurance of the
  8  Department of Health; or nonprofit libraries, art galleries,
  9  performing arts centers that provide educational programs to
10  school children, which programs involve performances or other
11  educational activities at the performing arts center and serve
12  a minimum of 50,000 school children a year, and museums open
13  to the public.
14         b.  "Work of art" includes pictorial representations,
15  sculpture, jewelry, antiques, stamp collections and coin
16  collections, and other tangible personal property, the value
17  of which is attributable predominantly to its artistic,
18  historical, political, cultural, or social importance.
19         (dd)  Taxicab leases.--The lease of or license to use a
20  taxicab or taxicab-related equipment and services provided by
21  a taxicab company to an independent taxicab operator are
22  exempt, provided, however, the exemptions provided under this
23  paragraph only apply if sales or use tax has been paid on the
24  acquisition of the taxicab and its related equipment.
25         (ee)  Aircraft repair and maintenance labor
26  charges.--There shall be exempt from the tax imposed by this
27  chapter all labor charges for the repair and maintenance of
28  aircraft of more than 15,000 pounds maximum certified takeoff
29  weight and rotary wing aircraft of more than 10,000 pounds
30  maximum certified takeoff weight. Except as otherwise provided
31
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    CS for SB 426                                 Second Engrossed
  1  in this chapter, charges for parts and equipment furnished in
  2  connection with such labor charges are taxable.
  3         (ff)  Certain electricity or steam uses.--
  4         1.  Subject to the provisions of subparagraph 4.,
  5  charges for electricity or steam used to operate machinery and
  6  equipment at a fixed location in this state when such
  7  machinery and equipment is used to manufacture, process,
  8  compound, produce, or prepare for shipment items of tangible
  9  personal property for sale, or to operate pollution control
10  equipment, recycling equipment, maintenance equipment, or
11  monitoring or control equipment used in such operations are
12  exempt to the extent provided in this paragraph. If 75 percent
13  or more of the electricity or steam used at the fixed location
14  is used to operate qualifying machinery or equipment, 100
15  percent of the charges for electricity or steam used at the
16  fixed location are exempt. If less than 75 percent but 50
17  percent or more of the electricity or steam used at the fixed
18  location is used to operate qualifying machinery or equipment,
19  50 percent of the charges for electricity or steam used at the
20  fixed location are exempt. If less than 50 percent of the
21  electricity or steam used at the fixed location is used to
22  operate qualifying machinery or equipment, none of the charges
23  for electricity or steam used at the fixed location are
24  exempt.
25         2.  This exemption applies only to industries
26  classified under SIC Industry Major Group Numbers 10, 12, 13,
27  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
28  35, 36, 37, 38, and 39 and Industry Group Number 212. As used
29  in this paragraph, "SIC" means those classifications contained
30  in the Standard Industrial Classification Manual, 1987, as
31
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    CS for SB 426                                 Second Engrossed
  1  published by the Office of Management and Budget, Executive
  2  Office of the President.
  3         3.  Possession by a seller of a written certification
  4  by the purchaser, certifying the purchaser's entitlement to an
  5  exemption permitted by this subsection, relieves the seller
  6  from the responsibility of collecting the tax on the
  7  nontaxable amounts, and the department shall look solely to
  8  the purchaser for recovery of such tax if it determines that
  9  the purchaser was not entitled to the exemption.
10         4.  Such exemption shall be applied as follows:
11  beginning July 1, 2000, 100 percent of the charges for such
12  electricity or steam shall be exempt.
13         5.  Notwithstanding any other provision in this
14  paragraph to the contrary, in order to receive the exemption
15  provided in this paragraph a taxpayer must first register with
16  the WAGES Program Business Registry established by the local
17  WAGES coalition for the area in which the taxpayer is located.
18  Such registration establishes a commitment on the part of the
19  taxpayer to hire WAGES program participants to the maximum
20  extent possible consistent with the nature of their business.
21         (gg)  Fair associations.--Also exempt from the tax
22  imposed by this chapter is the sale, use, lease, rental, or
23  grant of a license to use, made directly to or by a fair
24  association, of real or tangible personal property; any charge
25  made by a fair association, or its agents, for parking,
26  admissions, or for temporary parking of vehicles used for
27  sleeping quarters; rentals, subleases, and sublicenses of real
28  or tangible personal property between the owner of the central
29  amusement attraction and any owner of an amusement ride, as
30  those terms are used in ss. 616.15(1)(b) and 616.242(3)(a),
31  for the furnishing of amusement rides at a public fair or
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    CS for SB 426                                 Second Engrossed
  1  exposition; and other transactions of a fair association which
  2  are incurred directly by the fair association in the
  3  financing, construction, and operation of a fair, exposition,
  4  or other event or facility that is authorized by s. 616.08. As
  5  used in this paragraph, the terms "fair association" and
  6  "public fair or exposition" have the same meaning as those
  7  terms are defined in s. 616.001. This exemption does not apply
  8  to the sale of tangible personal property made by a fair
  9  association through an agent or independent contractor; sales
10  of admissions and tangible personal property by a
11  concessionaire, vendor, exhibitor, or licensee; or rentals and
12  subleases of tangible personal property or real property
13  between the owner of the central amusement attraction and a
14  concessionaire, vendor, exhibitor, or licensee, except for the
15  furnishing of amusement rides, which transactions are exempt.
16         (hh)  Citizen support organizations.--Also exempt from
17  the tax imposed by this chapter are sales or leases to
18  nonprofit organizations that are incorporated under chapter
19  617 and that have been designated citizen support
20  organizations in support of state-funded environmental
21  programs or the management of state-owned lands in accordance
22  with s. 20.2551, or to support one or more state parks in
23  accordance with s. 258.015.
24         (ii)  Florida Folk Festival.--There shall be exempt
25  from the tax imposed by this chapter income of a revenue
26  nature received from admissions to the Florida Folk Festival
27  held pursuant to s. 267.16 at the Stephen Foster State Folk
28  Culture Center, a unit of the state park system.
29         (jj)  Solar energy systems.--Also exempt are solar
30  energy systems or any component thereof.  The Florida Solar
31  Energy Center shall from time to time certify to the
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    CS for SB 426                                 Second Engrossed
  1  department a list of equipment and requisite hardware
  2  considered to be a solar energy system or a component thereof.
  3  This exemption is repealed July 1, 2005.
  4         (kk)  Nonprofit cooperative hospital laundries.--Also
  5  exempt from the tax imposed by this chapter are sales or
  6  leases to nonprofit organizations that are incorporated under
  7  chapter 617 and which are treated, for federal income tax
  8  purposes, as cooperatives under subchapter T of the Internal
  9  Revenue Code, whose sole purpose is to offer laundry supplies
10  and services to their members, which members must all be
11  exempt from federal income tax pursuant to s. 501(c)(3) of the
12  Internal Revenue Code.
13         (ll)  Complimentary meals.--Also exempt from the tax
14  imposed by this chapter are food or drinks that are furnished
15  as part of a packaged room rate by any person offering for
16  rent or lease any transient living accommodations as described
17  in s. 509.013(4)(a) which are licensed under part I of chapter
18  509 and which are subject to the tax under s. 212.03, if a
19  separate charge or specific amount for the food or drinks is
20  not shown. Such food or drinks are considered to be sold at
21  retail as part of the total charge for the transient living
22  accommodations. Moreover, the person offering the
23  accommodations is not considered to be the consumer of items
24  purchased in furnishing such food or drinks and may purchase
25  those items under conditions of a sale for resale.
26         (mm)  Nonprofit corporation conducting the correctional
27  work programs.--Products sold pursuant to s. 946.515 by the
28  corporation organized pursuant to part II of chapter 946 are
29  exempt from the tax imposed by this chapter. This exemption
30  applies retroactively to July 1, 1983.
31
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    CS for SB 426                                 Second Engrossed
  1         (nn)  Parent-teacher organizations, parent-teacher
  2  associations, and schools having grades K through 12.--
  3         1.  Sales or leases to parent-teacher organizations and
  4  associations the purpose of which is to raise funds for
  5  schools that teach grades K through 12 and that are associated
  6  with schools having grades K through 12 are exempt from the
  7  tax imposed by this chapter.
  8         2.  Parent-teacher organizations and associations
  9  described in subparagraph 1. qualified as educational
10  institutions as defined by sub-subparagraph (cc)8.a.
11  associated with schools having grades K through 12, and
12  schools having grades K through 12, may pay tax to their
13  suppliers on the cost price of school materials and supplies
14  purchased, rented, or leased for resale or rental to students
15  in grades K through 12, of items sold for fundraising
16  purposes, and of items sold through vending machines located
17  on the school premises, in lieu of collecting the tax imposed
18  by this chapter from the purchaser. This paragraph also
19  applies to food or beverages sold through vending machines
20  located in the student lunchroom or dining room of a school
21  having kindergarten through grade 12.
22         (oo)  Mobile home lot improvements.--Items purchased by
23  developers for use in making improvements to a mobile home lot
24  owned by the developer may be purchased tax-exempt as a sale
25  for resale if made pursuant to a contract that requires the
26  developer to sell a mobile home to a purchaser, place the
27  mobile home on the lot, and make the improvements to the lot
28  for a single lump-sum price. The developer must collect and
29  remit sales tax on the entire lump-sum price.
30         (pp)  Veterans Administration.--When a veteran of the
31  armed forces purchases an aircraft, boat, mobile home, motor
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    CS for SB 426                                 Second Engrossed
  1  vehicle, or other vehicle from a dealer pursuant to the
  2  provisions of 38 U.S.C. s. 3902(a), or any successor provision
  3  of the United States Code, the amount that is paid directly to
  4  the dealer by the Veterans Administration is not taxable.
  5  However, any portion of the purchase price which is paid
  6  directly to the dealer by the veteran is taxable.
  7         (qq)  Complimentary items.--There is exempt from the
  8  tax imposed by this chapter:
  9         1.  Any food or drink, whether or not cooked or
10  prepared on the premises, provided without charge as a sample
11  or for the convenience of customers by a dealer that primarily
12  sells food product items at retail.
13         2.  Any item given to a customer as part of a price
14  guarantee plan related to point-of-sale errors by a dealer
15  that primarily sells food products at retail.
16
17  The exemptions in this paragraph do not apply to businesses
18  with the primary activity of serving prepared meals or
19  alcoholic beverages for immediate consumption.
20         (rr)  Donated foods or beverages.--Any food or beverage
21  donated by a dealer that sells food products at retail to a
22  food bank or an organization that holds a current exemption
23  from federal corporate income tax pursuant to s. 501(c) of the
24  Internal Revenue Code of 1986, as amended, is exempt from the
25  tax imposed by this chapter.
26         (ss)  Racing dogs.--The sale of a racing dog by its
27  owner is exempt if the owner is also the breeder of the
28  animal.
29         (tt)  Equipment used in aircraft repair and
30  maintenance.--There shall be exempt from the tax imposed by
31  this chapter replacement engines, parts, and equipment used in
                                  58
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    CS for SB 426                                 Second Engrossed
  1  the repair or maintenance of aircraft of more than 15,000
  2  pounds maximum certified takeoff weight and rotary wing
  3  aircraft of more than 10,300 pounds maximum certified takeoff
  4  weight, when such parts or equipment are installed on such
  5  aircraft that is being repaired or maintained in this state.
  6         (uu)  Aircraft sales or leases.--The sale or lease of
  7  an aircraft of more than 15,000 pounds maximum certified
  8  takeoff weight for use by a common carrier is exempt from the
  9  tax imposed by this chapter. As used in this paragraph,
10  "common carrier" means an airline operating under Federal
11  Aviation Administration regulations contained in Title 14,
12  chapter I, part 121 or part 129 of the Code of Federal
13  Regulations.
14         (vv)  Nonprofit water systems.--Sales or leases to a
15  not-for-profit corporation which holds a current exemption
16  from federal income tax under s. 501(c)(4) or (12) of the
17  Internal Revenue Code, as amended, are exempt from the tax
18  imposed by this chapter if the sole or primary function of the
19  corporation is to construct, maintain, or operate a water
20  system in this state.
21         (ww)  Library cooperatives.--Sales or leases to library
22  cooperatives certified under s. 257.41(2) are exempt from the
23  tax imposed by this chapter.
24         (xx)  Advertising agencies.--
25         1.  As used in this paragraph, the term "advertising
26  agency" means any firm that is primarily engaged in the
27  business of providing advertising materials and services to
28  its clients.
29         2.  The sale of advertising services by an advertising
30  agency to a client is exempt from the tax imposed by this
31  chapter. Also exempt from the tax imposed by this chapter are
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    CS for SB 426                                 Second Engrossed
  1  items of tangible personal property such as photographic
  2  negatives and positives, videos, films, galleys, mechanicals,
  3  veloxes, illustrations, digital audiotapes, analog tapes,
  4  printed advertisement copies, compact discs for the purpose of
  5  recording, digital equipment, and artwork and the services
  6  used to produce those items if the items are:
  7         a.  Sold to an advertising agency that is acting as an
  8  agent for its clients pursuant to contract, and are created
  9  for the performance of advertising services for the clients;
10         b.  Produced, fabricated, manufactured, or otherwise
11  created by an advertising agency for its clients, and are used
12  in the performance of advertising services for the clients; or
13         c.  Sold by an advertising agency to its clients in the
14  performance of advertising services for the clients, whether
15  or not the charges for these items are marked up or separately
16  stated.
17
18  The exemption provided by this subparagraph does not apply
19  when tangible personal property such as film, paper, and
20  videotapes is purchased to create items such as photographic
21  negatives and positives, videos, films, galleys, mechanicals,
22  veloxes, illustrations, and artwork that are sold to an
23  advertising agency or produced in-house by an advertising
24  agency on behalf of its clients.
25         3.  The items exempted from tax under subparagraph 2.
26  and the creative services used by an advertising agency to
27  design the advertising for promotional goods such as displays,
28  display containers, exhibits, newspaper inserts, brochures,
29  catalogues, direct mail letters or flats, shirts, hats, pens,
30  pencils, key chains, or other printed goods or materials are
31  not subject to tax. However, when such promotional goods are
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    CS for SB 426                                 Second Engrossed
  1  produced or reproduced for distribution, tax applies to the
  2  sales price charged to the client for such promotional goods.
  3         4.  For items purchased by an advertising agency and
  4  exempt from tax under this paragraph, possession of an
  5  exemption certificate from the advertising agency certifying
  6  the agency's entitlement to exemption relieves the vendor of
  7  the responsibility of collecting the tax on the sale of such
  8  items to the advertising agency, and the department shall look
  9  solely to the advertising agency for recovery of tax if it
10  determines that the advertising agency was not entitled to the
11  exemption.
12         5.  The exemptions provided by this paragraph apply
13  retroactively, except that all taxes that have been collected
14  must be remitted, and taxes that have been remitted before
15  July 1, 1999, on transactions that are subject to exemption
16  under this paragraph are not subject to refund.
17         6.  The department may adopt rules that interpret or
18  define the provisions of these exemptions and provide examples
19  regarding the application of these exemptions.
20         (yy)  Bullion.--The sale of gold, silver, or platinum
21  bullion, or any combination thereof, in a single transaction
22  is exempt if the sales price exceeds $500. The dealer must
23  maintain proper documentation, as prescribed by rule of the
24  department, to identify that portion of a transaction which
25  involves the sale of gold, silver, or platinum bullion and is
26  exempt under this paragraph.
27         (zz)  Certain repair and labor charges.--
28         1.  Subject to the provisions of subparagraphs 2. and
29  3., there is exempt from the tax imposed by this chapter all
30  labor charges for the repair of, and parts and materials used
31  in the repair of and incorporated into, industrial machinery
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    CS for SB 426                                 Second Engrossed
  1  and equipment which is used for the manufacture, processing,
  2  compounding, production, or preparation for shipping of items
  3  of tangible personal property at a fixed location within this
  4  state.
  5         2.  This exemption applies only to industries
  6  classified under SIC Industry Major Group Numbers 10, 12, 13,
  7  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
  8  35, 36, 37, 38, and 39 and Industry Group Number 212. As used
  9  in this subparagraph, "SIC" means those classifications
10  contained in the Standard Industrial Classification Manual,
11  1987, as published by the Office of Management and Budget,
12  Executive Office of the President.
13         3.  This exemption shall be applied as follows:
14         a.  Beginning July 1, 2000, 50 percent of such charges
15  for repair parts and labor shall be exempt.
16         b.  Beginning July 1, 2001, 75 percent of such charges
17  for repair parts and labor shall be exempt.
18         c.  Beginning July 1, 2002, 100 percent of such charges
19  for repair parts and labor shall be exempt.
20         (aaa)  Film and other printing supplies.--Also exempt
21  are the following materials purchased, produced, or created by
22  businesses classified under SIC Industry Numbers 275, 276,
23  277, 278, or 279 for use in producing graphic matter for sale:
24  film, photographic paper, dyes used for embossing and
25  engraving, artwork, typography, lithographic plates, and
26  negatives.  As used in this paragraph, "SIC" means those
27  classifications contained in the Standard Industrial
28  Classification Manual, 1987, as published by the Office of
29  Management and Budget, Executive Office of the President.
30         (bbb)  People-mover systems.--People-mover systems, and
31  parts thereof, which are purchased or manufactured by
                                  62
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    CS for SB 426                                 Second Engrossed
  1  contractors employed either directly by or as agents for the
  2  United States Government, the state, a county, a municipality,
  3  a political subdivision of the state, or the public operator
  4  of a public-use airport as defined by s. 332.004(14) are
  5  exempt from the tax imposed by this chapter when the systems
  6  or parts go into or become part of publicly owned facilities.
  7  In the case of contractors who manufacture and install such
  8  systems and parts, this exemption extends to the purchase of
  9  component parts and all other manufacturing and fabrication
10  costs. The department may provide a form to be used by
11  contractors to provide to suppliers of people-mover systems or
12  parts to certify the contractors' eligibility for the
13  exemption provided under this paragraph. As used in this
14  paragraph, "people-mover systems" includes wheeled passenger
15  vehicles and related control and power distribution systems
16  that are part of a transportation system for use by the
17  general public, regardless of whether such vehicles are
18  operator-controlled or driverless, self-propelled or propelled
19  by external power and control systems, or conducted on roads,
20  rails, guidebeams, or other permanent structures that are an
21  integral part of such transportation system. "Related control
22  and power distribution systems" includes any electrical or
23  electronic control or signaling equipment, but does not
24  include the embedded wiring, conduits, or cabling used to
25  transmit electrical or electronic signals among such control
26  equipment, power distribution equipment, signaling equipment,
27  and wheeled vehicles.
28         (ccc)  Organizations providing crime prevention, drunk
29  driving prevention, or juvenile delinquency prevention
30  services.--Sales or leases to any nonprofit organization that
31  provides crime prevention services, drunk driving prevention
                                  63
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    CS for SB 426                                 Second Engrossed
  1  services, or juvenile delinquency prevention services that
  2  benefit society as a whole are exempt from the tax imposed by
  3  this chapter, if the organization holds a current exemption
  4  from federal income tax under s. 501(c)(3) of the Internal
  5  Revenue Code and the organization has as its sole or primary
  6  purpose the provision of services that contribute to the
  7  prevention of hardships caused by crime, drunk driving, or
  8  juvenile delinquency.
  9         (ccc)(ddd)  Florida Fire and Emergency Services
10  Foundation.--Sales or leases to the Florida Fire and Emergency
11  Services Foundation are exempt from the tax imposed by this
12  chapter.
13         (ddd)(eee)  Railroad roadway materials.--Also exempt
14  from the tax imposed by this chapter are railroad roadway
15  materials used in the construction, repair, or maintenance of
16  railways. Railroad roadway materials shall include rails,
17  ties, ballasts, communication equipment, signal equipment,
18  power transmission equipment, and any other track materials.
19
20  Exemptions provided to any entity by this subsection shall not
21  inure to any transaction otherwise taxable under this chapter
22  when payment is made by a representative or employee of such
23  entity by any means, including, but not limited to, cash,
24  check, or credit card even when that representative or
25  employee is subsequently reimbursed by such entity.
26         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT
27  OF ANOTHER STATE.--
28         (a)  The tax collected on the sale of a new or used
29  motor vehicle in this state to a resident of another state
30  shall be an amount equal to the sales tax which would be
31  imposed on such sale under the laws of the state of which the
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    CS for SB 426                                 Second Engrossed
  1  purchaser is a resident, except that such tax shall not exceed
  2  the tax that would otherwise be imposed under this chapter.
  3  At the time of the sale, the purchaser shall execute a
  4  notarized statement of his or her intent to license the
  5  vehicle in the state of which the purchaser is a resident
  6  within 45 days of the sale and of the fact of the payment to
  7  the State of Florida of a sales tax in an amount equivalent to
  8  the sales tax of his or her state of residence and shall
  9  submit the statement to the appropriate sales tax collection
10  agency in his or her state of residence. Nothing in this
11  subsection shall be construed to require the removal of the
12  vehicle from this state following the filing of an intent to
13  license the vehicle in the purchaser's home state if the
14  purchaser licenses the vehicle in his or her home state within
15  45 days after the date of sale.
16         (b)  Notwithstanding the partial exemption allowed in
17  paragraph (a), a vehicle is subject to this state's sales tax
18  at the applicable state sales tax rate plus authorized
19  surtaxes when the vehicle is purchased by a nonresident
20  corporation or partnership and:
21         1.  An officer of the corporation is a resident of this
22  state;
23         2.  A stockholder of the corporation who owns at least
24  10 percent of the corporation is a resident of this state; or
25         3.  A partner in the partnership who has at least 10
26  percent ownership is a resident of this state.
27
28  However, if the vehicle is removed from this state within 45
29  days after purchase and remains outside the state for a
30  minimum of 180 days, the vehicle may qualify for the partial
31
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  1  exemption allowed in paragraph (a) despite the residency of
  2  owners or stockholders of the purchasing entity.
  3         (c)  Nothing herein shall require the payment of tax to
  4  the State of Florida for assessments made prior to July 1,
  5  2001, if the tax imposed by this section has been paid to the
  6  state in which the vehicle was licensed and the department has
  7  assessed a like amount of tax on the same transactions. This
  8  provision shall apply retroactively to assessments that have
  9  been protested prior to August 1, 1999, and have not been paid
10  on the date this act takes effect.
11         Section 21.  (1)  The amendments made by this act to
12  section 212.08(7)(ff) and (nn), Florida Statutes, shall
13  operate retroactively to July 1, 2000.
14         (2)  No tax imposed by chapter 212, Florida Statutes,
15  on the transactions exempted by section 212.08(7)(nn), Florida
16  Statutes, by this act, and not actually paid or collected by a
17  taxpayer before the effective date of this act, shall be due
18  from such taxpayer. However, any tax actually paid or
19  collected shall be remitted to the Department of Revenue and
20  no refund shall be due. Taxpayers must obtain a sales tax
21  exemption certificate from the department to secure the
22  exemption granted by section 212.08(7)(nn)1., Florida
23  Statutes.
24         (3)  The amendments made by this act to the
25  introductory paragraph and to the final, flush-left passage of
26  section 212.08(7), Florida Statutes, are made to clarify
27  rather than change existing law and shall operate
28  retroactively to January 1, 2001.
29         Section 22.  Paragraph (a) of subsection (8) and
30  subsection (9) of section 212.08, Florida Statutes, are
31  amended to read:
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  1         212.08  Sales, rental, use, consumption, distribution,
  2  and storage tax; specified exemptions.--The sale at retail,
  3  the rental, the use, the consumption, the distribution, and
  4  the storage to be used or consumed in this state of the
  5  following are hereby specifically exempt from the tax imposed
  6  by this chapter.
  7         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE
  8  OR FOREIGN COMMERCE.--
  9         (a)  The sale or use of vessels and parts thereof used
10  to transport persons or property in interstate or foreign
11  commerce, including commercial fishing vessels, is subject to
12  the taxes imposed in this chapter only to the extent provided
13  herein.  The basis of the tax shall be the ratio of intrastate
14  mileage to interstate or foreign mileage traveled by the
15  carrier's vessels which were used in interstate or foreign
16  commerce and which had at least some Florida mileage during
17  the previous fiscal year. The ratio would be determined at the
18  close of the carrier's fiscal year. However, during the fiscal
19  year in which the vessel begins its initial operations in this
20  state, the vessel's mileage apportionment factor may be
21  determined on the basis of an estimated ratio of anticipated
22  miles in this state to anticipated total miles for that year
23  and, subsequently, additional tax shall be paid on the vessel,
24  or a refund may be applied for, on the basis of the actual
25  ratio of the vessel's miles in this state to its total miles
26  for that year. This ratio shall be applied each month to the
27  total Florida purchases of such vessels and parts thereof
28  which are used in Florida to establish that portion of the
29  total used and consumed in intrastate movement and subject to
30  the tax at the applicable rate.  The basis for imposition of
31  any discretionary surtax shall be as set forth in s. 212.054.
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  1  Items, appropriate to carry out the purposes for which a
  2  vessel is designed or equipped and used, purchased by the
  3  owner, operator, or agent of a vessel for use on board such
  4  vessel shall be deemed to be parts of the vessel upon which
  5  the same are used or consumed. Vessels and parts thereof used
  6  to transport persons or property in interstate and foreign
  7  commerce are hereby determined to be susceptible to a distinct
  8  and separate classification for taxation under the provisions
  9  of this chapter. Vessels and parts thereof used exclusively in
10  intrastate commerce do not qualify for the proration of tax.
11         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES
12  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--
13         (a)  Railroads that which are licensed as common
14  carriers by the Surface Transportation Board Interstate
15  Commerce Commission and parts thereof used to transport
16  persons or property in interstate or foreign commerce are
17  subject to tax imposed in this chapter only to the extent
18  provided herein. The basis of the tax shall be the ratio of
19  intrastate mileage to interstate or foreign mileage traveled
20  by the carrier during the previous fiscal year of the carrier.
21  Such ratio is to be determined at the close of the carrier's
22  fiscal year.  However, during the fiscal year in which the
23  railroad begins its initial operations in this state, the
24  railroad's mileage apportionment factor may be determined on
25  the basis of an estimated ratio of anticipated miles in this
26  state to anticipated total miles for that year and,
27  subsequently, additional tax shall be paid on the railroad, or
28  a refund may be applied for, on the basis of the actual ratio
29  of the railroad's miles in this state to its total miles for
30  that year. This ratio shall be applied each month to the total
31  purchases of the railroad in this state which are used in this
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  1  state to establish that portion of the total used and consumed
  2  in intrastate movement and subject to tax under this chapter.
  3  The basis for imposition of any discretionary surtax is set
  4  forth in s. 212.054. Railroads that which are licensed as
  5  common carriers by the Surface Transportation Board Interstate
  6  Commerce Commission and parts thereof used to transport
  7  persons or property in interstate and foreign commerce are
  8  hereby determined to be susceptible to a distinct and separate
  9  classification for taxation under the provisions of this
10  chapter.
11         (b)  Motor vehicles that which are engaged in
12  interstate commerce as common carriers, and parts thereof,
13  used to transport persons or property in interstate or foreign
14  commerce are subject to tax imposed in this chapter only to
15  the extent provided herein. The basis of the tax shall be the
16  ratio of intrastate mileage to interstate or foreign mileage
17  traveled by the carrier's motor vehicles which were used in
18  interstate or foreign commerce and which had at least some
19  Florida mileage during the previous fiscal year of the
20  carrier. Such ratio is to be determined at the close of the
21  carrier's fiscal year. However, during the fiscal year in
22  which the carrier begins its initial operations in this state,
23  the carrier's mileage apportionment factor may be determined
24  on the basis of an estimated ratio of anticipated miles in
25  this state to anticipated total miles for that year and,
26  subsequently, additional tax shall be paid on the carrier, or
27  a refund may be applied for, on the basis of the actual ratio
28  of the carrier's miles in this state to its total miles for
29  that year. This ratio shall be applied each month to the total
30  purchases in this state of such motor vehicles and parts
31  thereof which are used in this state to establish that portion
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    CS for SB 426                                 Second Engrossed
  1  of the total used and consumed in intrastate movement and
  2  subject to tax under this chapter. The basis for imposition of
  3  any discretionary surtax is set forth in s. 212.054. Motor
  4  vehicles that which are engaged in interstate commerce, and
  5  parts thereof, used to transport persons or property in
  6  interstate and foreign commerce are hereby determined to be
  7  susceptible to a distinct and separate classification for
  8  taxation under the provisions of this chapter. Motor vehicles
  9  and parts thereof used exclusively in intrastate commerce do
10  not qualify for the proration of tax.  For purposes of this
11  paragraph, parts of a motor vehicle engaged in interstate
12  commerce include a separate tank not connected to the fuel
13  supply system of the motor vehicle into which diesel fuel is
14  placed to operate a refrigeration unit or other equipment.
15         Section 23.  Paragraphs (a) and (d) of subsection (1)
16  and paragraph (i) of subsection (3) of section 212.096,
17  Florida Statutes, are amended to read:
18         212.096  Sales, rental, storage, use tax; enterprise
19  zone jobs credit against sales tax.--
20         (1)  For the purposes of the credit provided in this
21  section:
22         (a)  "Eligible business" means any sole proprietorship,
23  firm, partnership, corporation, bank, savings association,
24  estate, trust, business trust, receiver, syndicate, or other
25  group or combination, or successor business, located in an
26  enterprise zone. The business must demonstrate to the
27  department that the total number of full-time jobs defined
28  under paragraph (d) has increased from the average of the
29  previous 12 months. The term "eligible business" includes A
30  business that created added a minimum of five new full-time
31  jobs in an enterprise zone between July 1, 2000, and December
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    CS for SB 426                                 Second Engrossed
  1  31, 2001, is also an eligible business for purposes of the
  2  credit provided beginning January 1, 2002. An eligible
  3  business does not include any business which has claimed the
  4  credit permitted under s. 220.181 for any new business
  5  employee first beginning employment with the business after
  6  July 1, 1995.
  7         (d)  "Jobs" means full-time positions, as consistent
  8  with terms used by the Agency for Workforce Innovation and the
  9  United States Department of Labor for purposes of unemployment
10  compensation tax administration and employment estimation
11  resulting directly from a business operation in this state.
12  These terms This number may not include temporary construction
13  jobs involved with the construction of facilities or any jobs
14  that have previously been included in any application for tax
15  credits under s. 220.181(1). The term "jobs" also includes
16  employment of an employee leased from an employee leasing
17  company licensed under chapter 468 if such employee has been
18  continuously leased to the employer for an average of at least
19  36 hours per week for more than 6 months.
20
21  A person shall be deemed to be employed if the person performs
22  duties in connection with the operations of the business on a
23  regular, full-time basis, provided the person is performing
24  such duties for an average of at least 36 hours per week each
25  month. The person must be performing such duties at a business
26  site located in the enterprise zone.
27         (3)  In order to claim this credit, an eligible
28  business must file under oath with the governing body or
29  enterprise zone development agency having jurisdiction over
30  the enterprise zone where the business is located, as
31  applicable, a statement which includes:
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    CS for SB 426                                 Second Engrossed
  1         (i)  All applications for a credit pursuant to this
  2  section must be submitted to the department within 6 months
  3  after the new employee is hired, except applications for
  4  credit for leased employees. Applications for credit for
  5  leased employees must be submitted to the department within 7
  6  months after the employee is leased.
  7         Section 24.  Subsections (2) and (3) and paragraph (d)
  8  of subsection (6) of section 212.098, Florida Statutes, are
  9  amended to read:
10         212.098  Rural Job Tax Credit Program.--
11         (2)  A new eligible business may apply for a tax credit
12  under this subsection once at any time during its first year
13  of operation. A new eligible business in a tier-one qualified
14  area that has at least 10 qualified employees on the date of
15  application shall receive a $1,000 tax credit for each such
16  employee.
17         (3)  An existing eligible business may apply for a tax
18  credit under this subsection at any time it is entitled to
19  such credit, except as restricted by this subsection. An
20  existing eligible business with fewer than 50 employees in a
21  qualified area that on the date of application has at least 20
22  percent more qualified employees than it had 1 year prior to
23  its date of application shall receive a $1,000 tax credit for
24  each such additional employee. An existing eligible business
25  that has 50 employees or more in a qualified area that, on the
26  date of application, has at least 10 more qualified employees
27  than it had 1 year prior to its date of application shall
28  receive a $1,000 tax credit for each additional employee. Any
29  existing eligible business that received a credit under
30  subsection (2) may not apply for the credit under this
31
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    CS for SB 426                                 Second Engrossed
  1  subsection sooner than 12 months after the application date
  2  for the credit under subsection (2).
  3         (6)
  4         (d)  A business may not receive more than $500,000 of
  5  tax credits under this section during any one calendar year
  6  for its efforts in creating jobs.
  7         Section 25.  Subsection (5) is added to section 212.11,
  8  Florida Statutes, to read:
  9         212.11  Tax returns and regulations.--
10         (5)(a)  Each dealer that claims any credits granted in
11  this chapter against that dealer's sales and use tax
12  liabilities shall submit to the department, upon request,
13  documentation that provides all of the information required to
14  verify the dealer's entitlement to such credits, excluding
15  credits authorized pursuant to the provisions of s. 212.17.
16  All information must be broken down as prescribed by the
17  department and shall be submitted in a manner that enables the
18  department to verify that the credits are allowable by law.
19  With respect to any credit that is granted in the form of a
20  refund of previously paid taxes, supporting documentation must
21  be provided with the application for refund and the penalty
22  provisions of paragraph (c) do not apply.
23         (b)  The department shall adopt rules regarding the
24  forms and documentation required to verify credits against
25  sales and use tax liabilities and the format in which
26  documentation is to be submitted, which format may include
27  magnetic tape or other means of electronic transmission.
28         (c)  The department shall disallow any credit that is
29  not supported by the information required under this
30  subsection. In addition, the disallowed credit or any part of
31  the credit disallowed is subject to a mandatory penalty of 25
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    CS for SB 426                                 Second Engrossed
  1  percent and interest as provided for in s. 212.12. A specific
  2  penalty of 25 percent of the otherwise available credit shall
  3  be applied to any credit for which the required information
  4  report is not received within 30 days after a written request
  5  from the department.
  6         Section 26.  Subsection (14) is added to section
  7  212.12, Florida Statutes, to read:
  8         212.12  Dealer's credit for collecting tax; penalties
  9  for noncompliance; powers of Department of Revenue in dealing
10  with delinquents; brackets applicable to taxable transactions;
11  records required.--
12         (14)  If it is determined upon audit that a dealer has
13  collected and remitted taxes by applying the applicable tax
14  rate to each transaction as described in subsection (9) and
15  rounding the tax due to the nearest whole cent rather than
16  applying the appropriate bracket system provided by law or
17  department rule, the dealer shall not be held liable for
18  additional tax, penalty, and interest resulting from such
19  failure if:
20         (a)  The dealer acted in a good faith belief that
21  rounding to the nearest whole cent was the proper method of
22  determining the amount of tax due on each taxable transaction.
23         (b)  The dealer timely reported and remitted all taxes
24  collected on each taxable transaction.
25         (c)  The dealer agrees in writing to future compliance
26  with the laws and rules concerning brackets applicable to the
27  dealer's transactions.
28         Section 27.  It is the intent of the Legislature that
29  the amendment made by this act to add subsection (14) to
30  section 212.12, Florida Statutes, applies to all pending sales
31  and use tax audits or other actions or inquiries, including
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    CS for SB 426                                 Second Engrossed
  1  those currently under protest or in litigation. The amendment
  2  made by this act to add subsection (14) to section 212.12,
  3  Florida Statutes, does not create any right to refund for
  4  taxes previously assessed and paid in regard to audits or
  5  other actions or inquiries that are no longer pending.
  6         Section 28.  Effective January 1, 2003, paragraph (c)
  7  of subsection (6) of section 212.12, Florida Statutes, is
  8  amended to read:
  9         212.12  Dealer's credit for collecting tax; penalties
10  for noncompliance; powers of Department of Revenue in dealing
11  with delinquents; brackets applicable to taxable transactions;
12  records required.--
13         (6)
14         (c)1.  If the records of a dealer are adequate but
15  voluminous in nature and substance, the department may sample
16  such records, except for fixed assets, and project the audit
17  findings derived therefrom over the entire audit period to
18  determine the proportion that taxable retail sales bear to
19  total retail sales or the proportion that taxable purchases
20  bear to total purchases. In order to conduct such a sample,
21  the department must first make a good faith effort to reach an
22  agreement with the dealer, which agreement provides for the
23  means and methods to be used in the sampling process.  In the
24  event that no agreement is reached, the dealer is entitled to
25  a review by the executive director.
26         2.  For the purposes of sampling pursuant to
27  subparagraph 1., the department shall project any deficiencies
28  and overpayments derived therefrom over the entire audit
29  period. In determining the dealer's compliance, the department
30  shall reduce any tax deficiency as derived from the sample by
31  the amount of any overpayment derived from the sample. In the
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    CS for SB 426                                 Second Engrossed
  1  event the department determines from the sample results that
  2  the dealer has a net tax overpayment, the department shall
  3  provide the findings of this overpayment to the Comptroller
  4  for repayment of funds paid into the State Treasury through
  5  error pursuant to s. 215.26.
  6         3.a.  A taxpayer is entitled, both in connection with
  7  an audit and in connection with an application for refund
  8  filed independently of any audit, to establish the amount of
  9  any refund or deficiency through statistical sampling when the
10  taxpayer's records, other than those regarding fixed assets,
11  are adequate but voluminous. Alternatively, a taxpayer is
12  entitled to establish any refund or deficiency through any
13  other sampling method agreed upon by the taxpayer and the
14  department when the taxpayer's records, other than those
15  regarding fixed assets, are adequate but voluminous. Whether
16  done through statistical sampling or any other sampling method
17  agreed upon by the taxpayer and the department, the completed
18  sample must reflect both overpayments and underpayments of
19  taxes due. The sample shall be conducted through:
20         (I)  A taxpayer request to perform the sampling through
21  the certified audit program pursuant to s. 213.285;
22         (II)  Attestation by a certified public accountant as
23  to the adequacy of the sampling method utilized and the
24  results reached using such sampling method; or
25         (III)  A sampling method that has been submitted by the
26  taxpayer and approved by the department before a refund claim
27  is submitted. This sub-sub-subparagraph does not prohibit a
28  taxpayer from filing a refund claim prior to approval by the
29  department of the sampling method; however, a refund claim
30  submitted before the sampling method has been approved by the
31  department cannot be a complete refund application pursuant to
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    CS for SB 426                                 Second Engrossed
  1  s. 213.255 until the sampling method has been approved by the
  2  department.
  3         b.  The department shall prescribe by rule the
  4  procedures to be followed under each method of sampling. Such
  5  procedures shall follow generally accepted auditing procedures
  6  for sampling. The rule shall also set forth other criteria
  7  regarding the use of sampling, including, but not limited to,
  8  training requirements that must be met before a sampling
  9  method may be utilized and the steps necessary for the
10  department and the taxpayer to reach agreement on a sampling
11  method submitted by the taxpayer for approval by the
12  department.
13         Section 29.  Paragraph (a) of subsection (3) of section
14  212.18, Florida Statutes, is amended to read:
15         212.18  Administration of law; registration of dealers;
16  rules.--
17         (3)(a)  Every person desiring to engage in or conduct
18  business in this state as a dealer, as defined in this
19  chapter, or to lease, rent, or let or grant licenses in living
20  quarters or sleeping or housekeeping accommodations in hotels,
21  apartment houses, roominghouses, or tourist or trailer camps
22  that are subject to tax under s. 212.03, or to lease, rent, or
23  let or grant licenses in real property, as defined in this
24  chapter, and every person who sells or receives anything of
25  value by way of admissions, must file with the department an
26  application for a certificate of registration for each place
27  of business, showing the names of the persons who have
28  interests in such business and their residences, the address
29  of the business, and such other data as the department may
30  reasonably require. However, owners and operators of vending
31  machines or newspaper rack machines are required to obtain
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    CS for SB 426                                 Second Engrossed
  1  only one certificate of registration for each county in which
  2  such machines are located. The department, by rule, may
  3  authorize a dealer that uses independent sellers to sell its
  4  merchandise to remit tax on the retail sales price charged to
  5  the ultimate consumer in lieu of having the independent seller
  6  register as a dealer and remit the tax. The department may
  7  appoint the county tax collector as the department's agent to
  8  accept applications for registrations. The application must be
  9  made to the department before the person, firm, copartnership,
10  or corporation may engage in such business, and it must be
11  accompanied by a registration fee of $5. However, a
12  registration fee is not required to accompany an application
13  to engage in or conduct business to make mail order sales. The
14  department may waive the registration fee for applications
15  submitted through the department's Internet registration
16  process.
17         Section 30.  Section 213.015, Florida Statutes, is
18  amended to read:
19         213.015  Taxpayer rights.--There is created a Florida
20  Taxpayer's Bill of Rights to guarantee that the rights,
21  privacy, and property of Florida taxpayers are adequately
22  safeguarded and protected during tax assessment, collection,
23  and enforcement processes administered under the revenue laws
24  of this state.  The Taxpayer's Bill of Rights compiles, in one
25  document, brief but comprehensive statements which explain, in
26  simple, nontechnical terms, the rights and obligations of the
27  Department of Revenue and taxpayers. Section 192.0105 provides
28  additional rights afforded to payors of property taxes and
29  assessments. The rights afforded taxpayers to ensure assure
30  that their privacy and property are safeguarded and protected
31  during tax assessment and collection are available only
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    CS for SB 426                                 Second Engrossed
  1  insofar as they are implemented in other parts of the Florida
  2  Statutes or rules of the Department of Revenue. The rights so
  3  guaranteed Florida taxpayers in the Florida Statutes and the
  4  departmental rules are:
  5         (1)  The right to available information and prompt,
  6  accurate responses to questions and requests for tax
  7  assistance.
  8         (2)  The right to request assistance from a taxpayers'
  9  rights advocate of the department, who shall be responsible
10  for facilitating the resolution of taxpayer complaints and
11  problems not resolved through the normal administrative
12  channels within the department, including any taxpayer
13  complaints regarding unsatisfactory treatment by department
14  employees.  The taxpayers' rights advocate may issue a stay
15  order if a taxpayer has suffered or is about to suffer
16  irreparable loss as a result of an action by the department
17  (see ss. 20.21(3) and 213.018).
18         (3)  The right to be represented or advised by counsel
19  or other qualified representatives at any time in
20  administrative interactions with the department, the right to
21  procedural safeguards with respect to recording of interviews
22  during tax determination or collection processes conducted by
23  the department, the right to be treated in a professional
24  manner by department personnel, and the right to have audits,
25  inspections of records, and interviews conducted at a
26  reasonable time and place except in criminal and internal
27  investigations (see ss. 198.06, 199.218, 201.11(1), 203.02,
28  206.14, 211.125(3), 211.33(3), 212.0305(3), 212.12(5)(a),
29  (6)(a), and (13), 212.13(5), 213.05, 213.21(1)(a) and (c), and
30  213.34).
31
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    CS for SB 426                                 Second Engrossed
  1         (4)  The right to freedom from penalty attributable to
  2  any taxes administered by the Department of Revenue; freedom
  3  from payment of uncollected sales, use, motor or diesel fuel,
  4  or other transaction-based excise taxes administered by the
  5  Department of Revenue; and to abatement of interest
  6  attributable to any taxes administered by the Department of
  7  Revenue, when the taxpayer reasonably relies upon binding
  8  written advice furnished to the taxpayer by the department
  9  through authorized representatives in response to the
10  taxpayer's specific written request which provided adequate
11  and accurate information (see ss. 120.565 and 213.22).
12         (5)  The right to obtain simple, nontechnical
13  statements which explain the reason for audit selection and
14  the procedures, remedies, and rights available during audit,
15  appeals, and collection proceedings, including, but not
16  limited to, the rights pursuant to this Taxpayer's Bill of
17  Rights and the right to be provided with a narrative
18  description which explains the basis of audit changes,
19  proposed assessments, assessments, and denials of refunds;
20  identifies any amount of tax, interest, or penalty due; and
21  states the consequences of the taxpayer's failure to comply
22  with the notice.
23         (6)  The right to be informed of impending collection
24  actions which require sale or seizure of property or freezing
25  of assets, except jeopardy assessments, and the right to at
26  least 30 days' notice in which to pay the liability or seek
27  further review (see ss. 198.20, 199.262, 201.16, 206.075,
28  206.24, 211.125(5), 212.03(5), 212.0305(3)(j), 212.04(7),
29  212.14(1), 213.73(3), 213.731, and 220.739).
30         (7)  The right to have all other collection actions
31  attempted before a jeopardy assessment unless delay will
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    CS for SB 426                                 Second Engrossed
  1  endanger collection and, after a jeopardy assessment, the
  2  right to have an immediate review of the jeopardy assessment
  3  (see ss. 212.15, 213.73(3), 213.732, and 220.719(2)).
  4         (8)  The right to seek review, through formal or
  5  informal proceedings, of any adverse decisions relating to
  6  determinations in the audit or collections processes and the
  7  right to seek a reasonable administrative stay of enforcement
  8  actions while the taxpayer pursues other administrative
  9  remedies available under Florida law (see ss. 120.80(14)(b),
10  213.21(1), 220.717, and 220.719(2)).
11         (9)  The right to have the taxpayer's tax information
12  kept confidential unless otherwise specified by law (see s.
13  213.053).
14         (10)  The right to procedures for retirement of tax
15  obligations by installment payment agreements which recognize
16  both the taxpayer's financial condition and the best interests
17  of the state, provided that the taxpayer gives accurate,
18  current information and meets all other tax obligations on
19  schedule (see s. 213.21(4)).
20         (11)  The right to procedures for requesting
21  cancellation, release, or modification of liens filed by the
22  department and for requesting that any lien which is filed in
23  error be so noted on the lien cancellation filed by the
24  department, in public notice, and in notice to any credit
25  agency at the taxpayer's request (see ss. 198.22, 199.262,
26  212.15(4), 213.733, and 220.819).
27         (12)  The right to procedures which assure that the
28  individual employees of the department are not paid,
29  evaluated, or promoted on the basis of the amount of
30  assessments or collections from taxpayers (see s. 213.30(2)).
31
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  1         (13)  The right to an action at law within the
  2  limitations of s. 768.28, relating to sovereign immunity, to
  3  recover damages against the state or the Department of Revenue
  4  for injury caused by the wrongful or negligent act or omission
  5  of a department officer or employee (see s. 768.28).
  6         (14)  The right of the taxpayer or the department, as
  7  the prevailing party in a judicial or administrative action
  8  brought or maintained without the support of justiciable
  9  issues of fact or law, to recover all costs of the
10  administrative or judicial action, including reasonable
11  attorney's fees, and of the department and taxpayer to settle
12  such claims through negotiations (see ss. 57.105 and 57.111).
13         (15)  The right to have the department begin and
14  complete its audits in a timely and expeditious manner after
15  notification of intent to audit (see s. 95.091).
16         (16)  The right to have the department actively
17  identify and review multistate proposals that offer more
18  efficient and effective methods for administering the revenue
19  sources of this state (see s. 213.256).
20         (17)  The right to have the department actively
21  investigate and, where appropriate, implement automated or
22  electronic business methods that enable the department to more
23  efficiently and effectively administer the revenue sources of
24  this state at less cost and effort for taxpayers.
25         (18)  The right to waiver of interest that accrues as
26  the result of errors or delays caused by a department employee
27  (see s. 213.21(3)).
28         (19)  The right to participate in free educational
29  activities that help the taxpayer successfully comply with the
30  revenue laws of this state.
31
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    CS for SB 426                                 Second Engrossed
  1         (20)  The right to pay a reasonable fine or percentage
  2  of tax, whichever is less, to reinstate an exemption from any
  3  tax which a taxpayer would have been entitled to receive but
  4  which was lost because the taxpayer failed to properly
  5  register as a tax dealer in this state or obtain the necessary
  6  certificates entitling the taxpayer to the exemption (see s.
  7  212.07(9)).
  8         (21)  The right to fair and consistent application of
  9  the tax laws of this state by the Department of Revenue.
10         Section 31.  Subsection (3) and paragraphs (n) and (r)
11  of subsection (7) of section 213.053, Florida Statutes, are
12  amended, and paragraph (w) is added to subsection (7) of said
13  section, to read:
14         213.053  Confidentiality and information sharing.--
15         (3)  The department shall permit a taxpayer, his or her
16  authorized representative, or the personal representative of
17  an estate to inspect the taxpayer's return and may furnish him
18  or her an abstract of such return.  A taxpayer may authorize
19  the department in writing to divulge specific information
20  concerning the taxpayer's account. The department, while
21  performing unemployment compensation tax collection services
22  pursuant to a contract with the Agency for Workforce
23  Innovation, may release unemployment tax rate information to
24  the agent of an employer, which agent provides payroll
25  services for more than 500 employers, pursuant to the terms of
26  a memorandum of understanding.  The memorandum of
27  understanding shall state that the agent affirms, subject to
28  the criminal penalties contained in ss. 443.171 and 443.1715,
29  that the agent will retain the confidentiality of the
30  information, that the agent has in effect a power of attorney
31  from the employer which permits the agent to obtain
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    CS for SB 426                                 Second Engrossed
  1  unemployment tax rate information, and that the agent shall
  2  provide the department with a copy of the employer's power of
  3  attorney upon request.
  4         (7)  Notwithstanding any other provision of this
  5  section, the department may provide:
  6         (n)  Information contained in returns, reports,
  7  accounts, or declarations to the Board of Accountancy in
  8  connection with a disciplinary proceeding conducted pursuant
  9  to chapter 473 when related to a certified public accountant
10  participating in the certified audits project, or to the court
11  in connection with a civil proceeding brought by the
12  department relating to a claim for recovery of taxes due to
13  negligence on the part of a certified public accountant
14  participating in the certified audits project.  In any
15  judicial proceeding brought by the department, upon motion for
16  protective order, the court shall limit disclosure of tax
17  information when necessary to effectuate the purposes of this
18  section.  This paragraph is repealed on July 1, 2006 2002.
19         (r)  Information relative to the returns required by
20  ss. 175.111 and 185.09 to the Department of Management
21  Services in the conduct of its official duties. The Department
22  of Management Services is, in turn, authorized to disclose
23  payment information to a governmental agency or the agency's
24  agent for purposes related to budget preparation, auditing,
25  revenue or financial administration, or as necessary in the
26  administration of chapters 175 and 185.
27         (w)  Tax registration information to the Agency for
28  Workforce Innovation for use in the conduct of its official
29  duties, which information may not be redisclosed by the Agency
30  for Workforce Innovation.
31
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    CS for SB 426                                 Second Engrossed
  1  Disclosure of information under this subsection shall be
  2  pursuant to a written agreement between the executive director
  3  and the agency.  Such agencies, governmental or
  4  nongovernmental, shall be bound by the same requirements of
  5  confidentiality as the Department of Revenue.  Breach of
  6  confidentiality is a misdemeanor of the first degree,
  7  punishable as provided by s. 775.082 or s. 775.083.
  8         Section 32.  Effective July 1, 2002, paragraph (c) is
  9  added to subsection (4) of section 213.0535, Florida Statutes,
10  to read:
11         213.0535  Registration Information Sharing and Exchange
12  Program.--
13         (4)  There are two levels of participation:
14         (c)  A level-two participant may disclose information
15  as provided in paragraph (b) in response to a request for such
16  information from any other level-two participant. Information
17  relative to specific taxpayers shall be requested or disclosed
18  under this paragraph only to the extent necessary in the
19  administration of a tax or licensing provision as enumerated
20  in paragraph (a). When a disclosure made under this paragraph
21  involves confidential information provided to the participant
22  by the Department of Revenue, the participant who provides the
23  information shall maintain records of the disclosures, which
24  records shall be subject to review by the Department of
25  Revenue for a period of 5 years after the date of the
26  disclosure.
27         Section 33.  Paragraph (a) of subsection (3) and
28  subsection (8) of section 213.21, Florida Statutes, are
29  amended, and subsections (9) and (10) are added to said
30  section, to read:
31         213.21  Informal conferences; compromises.--
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  1         (3)(a)  A taxpayer's liability for any tax or interest
  2  specified in s. 72.011(1) may be compromised by the department
  3  upon the grounds of doubt as to liability for or
  4  collectibility of such tax or interest. A taxpayer's liability
  5  for interest under any of the chapters specified in s.
  6  72.011(1) shall be settled or compromised in whole or in part
  7  whenever or to the extent that the department determines that
  8  the delay in the determination of the amount due is
  9  attributable to the action or inaction of the department. A
10  taxpayer's liability for penalties under any of the chapters
11  specified in s. 72.011(1) may be settled or compromised if it
12  is determined by the department that the noncompliance is due
13  to reasonable cause and not to willful negligence, willful
14  neglect, or fraud. The facts and circumstances are subject to
15  de novo review to determine the existence of reasonable cause
16  in any administrative proceeding or judicial action
17  challenging an assessment of penalty under any of the chapters
18  specified in s. 72.011(1). A taxpayer who establishes
19  reasonable reliance on the written advice issued by the
20  department to the taxpayer will be deemed to have shown
21  reasonable cause for the noncompliance. In addition, a
22  taxpayer's liability for penalties under any of the chapters
23  specified in s. 72.011(1) in excess of 25 percent of the tax
24  shall be settled or compromised if the department determines
25  that the noncompliance is due to reasonable cause and not to
26  willful negligence, willful neglect, or fraud. The department
27  shall maintain records of all compromises, and the records
28  shall state the basis for the compromise. The records of
29  compromise under this paragraph shall not be subject to
30  disclosure pursuant to s. 119.07(1) and shall be considered
31
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    CS for SB 426                                 Second Engrossed
  1  confidential information governed by the provisions of s.
  2  213.053.
  3         (8)  In order to determine whether certified audits are
  4  an effective tool in the overall state tax collection effort,
  5  the executive director of the department or the executive
  6  director's designee shall settle or compromise penalty
  7  liabilities of taxpayers who participate in the certified
  8  audits project.  As further incentive for participating in the
  9  program, the department shall abate the first $25,000 of any
10  interest liability and 25 percent of any interest due in
11  excess of the first $25,000. A settlement or compromise of
12  penalties or interest pursuant to this subsection shall not be
13  subject to the provisions of paragraph (3)(a), except for the
14  requirement relating to confidentiality of records.  The
15  department may consider an additional compromise of tax or
16  interest pursuant to the provisions of paragraph (3)(a).  This
17  subsection does not apply to any liability related to taxes
18  collected but not remitted to the department.  This subsection
19  is repealed on July 1, 2006 2002.
20         (9)  A penalty for failing to collect a tax imposed by
21  chapter 212 shall be settled or compromised upon payment of
22  tax and interest if a taxpayer failed to collect the tax due
23  to a good faith belief that tax was not due on the transaction
24  and, because of that good faith belief, the taxpayer is now
25  unable to charge and collect the tax from the taxpayer's
26  purchaser. The Department of Revenue shall adopt rules
27  necessary to implement and administer this subsection,
28  including rules establishing procedures and forms.
29         (10)(a)  Effective July 1, 2003, notwithstanding any
30  other provision of law and solely for the purpose of
31  administering the tax imposed by chapter 212, under the
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    CS for SB 426                                 Second Engrossed
  1  circumstances set forth in this subsection, the department
  2  shall settle or compromise a taxpayer's liability for penalty
  3  without requiring the taxpayer to submit a written request for
  4  compromise or settlement.
  5         (b)  For taxpayers who file returns and remit tax on a
  6  monthly basis:
  7         1.  Any penalty related to a noncompliant filing event
  8  shall be settled or compromised if the taxpayer has:
  9         a.  No noncompliant filing event in the immediately
10  preceding 12-month period and no unresolved chapter 212
11  liability resulting from a noncompliant filing event; or
12         b.  One noncompliant filing event in the immediately
13  preceding 12-month period, resolution of the current
14  noncompliant filing event through payment of tax and interest
15  and the filing of a return within 30 days after notification
16  by the department, and no unresolved chapter 212 liability
17  resulting from a noncompliant filing event.
18         2.  If a taxpayer has two or more noncompliant filing
19  events in the immediately preceding 12-month period, the
20  taxpayer shall be liable, absent a showing by the taxpayer
21  that the noncompliant filing event was due to extraordinary
22  circumstances, for the penalties provided in s. 212.12,
23  including loss of collection allowance, and shall be reported
24  to a credit bureau.
25         (c)  For taxpayers who file returns and remit tax on a
26  quarterly basis, any penalty related to a noncompliant filing
27  event shall be settled or compromised if the taxpayer has no
28  noncompliant filing event in the immediately preceding
29  12-month period and no unresolved chapter 212 liability
30  resulting from a noncompliant filing event.
31         (d)  For purposes of this subsection:
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    CS for SB 426                                 Second Engrossed
  1         1.  "Noncompliant filing event" means a failure to
  2  timely file a complete and accurate return required under
  3  chapter 212 or a failure to timely pay the amount of tax
  4  reported on a return required by chapter 212.
  5         2.  "Extraordinary circumstances" means the occurrence
  6  of events beyond the control of the taxpayer, such as, but not
  7  limited to, the death of the taxpayer, acts of war or
  8  terrorism, natural disasters, fire, or other casualty, or the
  9  nonfeasance or misfeasance of the taxpayer's employees or
10  representatives responsible for compliance with the provisions
11  of chapter 212.  With respect to the acts of an employee or
12  representative, the taxpayer must show that the principals of
13  the business lacked actual knowledge of the noncompliance and
14  that the noncompliance was resolved within 30 days after
15  actual knowledge.
16         Section 34.  Subsection (2) of section 213.24, Florida
17  Statutes, is amended to read:
18         213.24  Accrual of penalties and interest on
19  deficiencies; deficiency billing costs.--
20         (2)(a)  Billings for deficiencies or automated refunds
21  of tax, penalty, or interest shall not be issued for any
22  amount less than the actual costs incurred by the department
23  to produce a billing or automated refund.
24         (b)  The cost of issuing billings or automated refunds
25  for any tax enumerated in s. 213.05 shall be computed in a
26  study performed by the inspector general of the department.
27  The study shall be conducted every 3 years and at such other
28  times as deemed necessary by the inspector general.  A minimum
29  billing and automated refund amount shall be established and
30  adjusted in accordance with the results of such study.
31
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    CS for SB 426                                 Second Engrossed
  1         (c)  Any change in minimum billing or automated refund
  2  amounts amount shall be made effective on July 1 following the
  3  completion of the study.
  4         Section 35.  Subsection (4) of section 213.255, Florida
  5  Statutes, is amended to read:
  6         213.255  Interest.--Interest shall be paid on
  7  overpayments of taxes, payment of taxes not due, or taxes paid
  8  in error, subject to the following conditions:
  9         (4)  Interest shall not commence until 90 days after a
10  complete refund application has been filed and the amount of
11  overpayment has not been refunded to the taxpayer or applied
12  as a credit to the taxpayer's account. However, if there is a
13  prohibition against refunding a tax overpayment before the
14  first day of the state fiscal year, interest on the tax
15  overpayment shall not commence until August 1 of the year the
16  tax was due. If the department and the taxpayer mutually agree
17  that an audit or verification is necessary in order to
18  determine the taxpayer's entitlement to the refund, interest
19  shall not commence until the audit or verification of the
20  claim is final.
21         Section 36.  Paragraph (c) of subsection (2) of section
22  213.285, Florida Statutes, is amended to read:
23         213.285  Certified audits.--
24         (2)
25         (c)  The certified audits project is repealed on July
26  1, 2006 2002, or upon completion of the project as determined
27  by the department, whichever occurs first.
28         Section 37.  Subsection (3) is added to section 213.30,
29  Florida Statutes, to read:
30         213.30  Compensation for information relating to a
31  violation of the tax laws.--
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    CS for SB 426                                 Second Engrossed
  1         (3)  Notwithstanding any other provision of law, this
  2  section is the sole means by which any person may seek or
  3  obtain any moneys as the result of, in relation to, or founded
  4  upon the failure by another person to comply with the tax laws
  5  of this state.  A person's use of any other law to seek or
  6  obtain moneys for such failure is in derogation of this
  7  section and conflicts with the state's duty to administer the
  8  tax laws.
  9         Section 38.  Effective January 1, 2003, section
10  213.755, Florida Statutes, is amended to read:
11         213.755  Filing of returns and payment of taxes by
12  electronic means funds transfer.--
13         (1)  The executive director of the Department of
14  Revenue shall have authority to require a taxpayer to file
15  returns and remit payments taxes by electronic means funds
16  transfer where the taxpayer, including consolidated filers, is
17  subject to tax and has paid that tax in the prior state fiscal
18  year in an amount of $30,000 $50,000 or more. Any taxpayer who
19  operates two or more places of business for which returns are
20  required to be filed with the department shall combine the tax
21  payments for all such locations in order to determine whether
22  they are obligated under this section. This subsection does
23  not override additional requirements in any provision of a
24  revenue law which the department has the responsibility for
25  regulating, controlling, and administering.
26         (2)  As used in any revenue law administered by the
27  department, the term:
28         (a)  "Payment" means any payment or remittance required
29  to be made or paid within a prescribed period or on or before
30  a prescribed date under the authority of any provision of a
31  revenue law which the department has the responsibility for
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    CS for SB 426                                 Second Engrossed
  1  regulating, controlling, and administering. The term does not
  2  include any remittance unless the amount of the remittance is
  3  actually received by the department.
  4         (b)  "Return" means any report, claim, statement,
  5  notice, application, affidavit, or other document required to
  6  be filed within a prescribed period or on or before a
  7  prescribed date under the authority of any provision of a
  8  revenue law which the department has the responsibility of
  9  regulating, controlling, and administering.
10         (c)  "Electronic means" includes, but is not limited
11  to, electronic data interchange; electronic funds transfer; or
12  use of the Internet, telephone, or other technology specified
13  by the department.
14         (3)  Solely for the purposes of administering this
15  section:
16         (a)  Taxes levied under parts I and II of chapter 206
17  shall be considered a single tax.
18         (b)  A person required to remit a tax acting as a
19  collection agent or dealer for the state shall nonetheless be
20  considered the taxpayer.
21         (4)  The executive director may require a taxpayer to
22  file by electronic means returns for which no tax is due for
23  the specific taxing period.
24         (5)  Beginning January 1, 2003, consolidated filers
25  shall file returns and remit taxes by electronic means.
26         (6)  A taxpayer required to file returns by electronic
27  means shall also remit payments by electronic means. A
28  taxpayer who fails to file returns pursuant to this section is
29  liable for a penalty of $10 for each report submitted, which
30  is in addition to any other penalty that may be applicable,
31  unless the taxpayer has first obtained a waiver of such
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    CS for SB 426                                 Second Engrossed
  1  requirement from the department. A taxpayer who fails to remit
  2  payments pursuant to this section is liable for a penalty of
  3  $10 for each remittance submitted, which is in addition to any
  4  other penalty that may be applicable.
  5         (7)  The department shall give due regard to developing
  6  uniform standards for formats as adopted by the American
  7  National Standards Institute for encryption and taxpayer
  8  authentication to ensure that the return and payment
  9  information is kept confidential. The department shall also
10  provide several options for filing reports and remitting
11  payments by electronic means in order to make compliance with
12  the requirements of this section as simple as possible for the
13  taxpayer.
14         (8)  The department shall prescribe by rule the format
15  and instructions necessary for filing returns and reports and
16  for remitting payments in accordance with this section to
17  ensure a full collection of taxes, interest, and penalties
18  due. The acceptable method of transfer; the method, form, and
19  content of the electronic filing of returns or remittance of
20  payments of tax, penalty, or interest; and the means, if any,
21  by which the taxpayer will be provided with an acknowledgment
22  of receipt shall be prescribed by the department.
23         (9)  The department may waive the requirement to file a
24  return by electronic means for taxpayers that are unable to
25  comply despite good faith efforts or due to circumstances
26  beyond the taxpayer's reasonable control.
27         (a)  As prescribed by the department, grounds for
28  approving the waiver include, but are not limited to,
29  circumstances in which the taxpayer, the owner, or an officer
30  of the business, or the taxpayer's accountant or bookkeeper,
31  does not:
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    CS for SB 426                                 Second Engrossed
  1         1.  Currently file information or data electronically
  2  with any business or government agency; or
  3         2.  Have a compatible computer that meets or exceeds
  4  the department's minimum standards.
  5         (b)  The department shall accept other reasons for
  6  requesting a waiver from the requirement to submit a return by
  7  electronic means, including, but not limited to:
  8         1.  That the taxpayer needs additional time to program
  9  his or her computer;
10         2.  That complying with this requirement causes the
11  taxpayer financial hardship; or
12         3.  That complying with this requirement conflicts with
13  the taxpayer's business procedures.
14         (c)  The department may establish by rule the length of
15  time a waiver is valid and may determine whether subsequent
16  waivers will be authorized, based on the provisions of this
17  subsection.
18         Section 39.  Paragraphs (q) and (gg) of subsection (1)
19  of section 220.03, Florida Statutes, is amended to read:
20         220.03  Definitions.--
21         (1)  SPECIFIC TERMS.--When used in this code, and when
22  not otherwise distinctly expressed or manifestly incompatible
23  with the intent thereof, the following terms shall have the
24  following meanings:
25         (q)  "New employee," for the purposes of the enterprise
26  zone jobs credit, means a person residing in an enterprise
27  zone or a participant in the welfare transition program who is
28  employed at a business located in an enterprise zone who
29  begins employment in the operations of the business after July
30  1, 1995, and who has not been previously employed full-time
31  within the preceding 12 months by the business or a successor
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    CS for SB 426                                 Second Engrossed
  1  business claiming the credit pursuant to s. 220.181. A person
  2  shall be deemed to be employed by such a business if the
  3  person performs duties in connection with the operations of
  4  the business on a full-time basis, provided she or he is
  5  performing such duties for an average of at least 36 hours per
  6  week each month. The term "jobs" also includes employment of
  7  an employee leased from an employee leasing company licensed
  8  under chapter 468, if such employee has been continuously
  9  leased to the employer for an average of at least 36 hours per
10  week for more than 6 months. The person must be performing
11  such duties at a business site located in an enterprise zone.
12  The provisions of this paragraph shall expire and be void on
13  June 30, 2005.
14         (gg)  "Jobs" means full-time positions, as consistent
15  with terms used by the Agency for Workforce Innovation and the
16  United States Department of Labor for purposes of unemployment
17  compensation tax administration and employment estimation
18  resulting directly from business operations in this state.
19  These terms This number may not include temporary construction
20  jobs involved with the construction of facilities or any jobs
21  that have previously been included in any application for tax
22  credits under s. 212.096 220.181(1). The term "jobs" also
23  includes employment of an employee leased from an employee
24  leasing company licensed under chapter 468 if the employee has
25  been continuously leased to the employer for an average of at
26  least 36 hours per week for more than 6 months.
27         Section 40.  Effective upon this act becoming a law,
28  and applying to tax years beginning on or after January 1,
29  2002, paragraph (b) of subsection (5) of section 220.15,
30  Florida Statutes, is amended to read:
31         220.15  Apportionment of adjusted federal income.--
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    CS for SB 426                                 Second Engrossed
  1         (5)  The sales factor is a fraction the numerator of
  2  which is the total sales of the taxpayer in this state during
  3  the taxable year or period and the denominator of which is the
  4  total sales of the taxpayer everywhere during the taxable year
  5  or period.
  6         (b)1.  Sales of tangible personal property occur in
  7  this state if the property is delivered or shipped to a
  8  purchaser within this state, regardless of the f.o.b. point,
  9  other conditions of the sale, or ultimate destination of the
10  property, unless shipment is made via a common or contract
11  carrier. However, for industries in SIC Industry Number 2037,
12  if the ultimate destination of the product is to a location
13  outside this state, regardless of the method of shipment or
14  f.o.b. point, the sale shall not be deemed to occur in this
15  state.
16         2.  When citrus fruit is delivered by a cooperative for
17  a grower-member, by a grower-member to a cooperative, or by a
18  grower-participant to a Florida processor, the sales factor
19  for the growers for such citrus fruit delivered to such
20  processor shall be the same as the sales factor for the most
21  recent taxable year of that processor.  That sales factor,
22  expressed only as a percentage and not in terms of the dollar
23  volume of sales, so as to protect the confidentiality of the
24  sales of the processor, shall be furnished on the request of
25  such a grower promptly after it has been determined for that
26  taxable year.
27         3.  Reimbursement of expenses under an agency contract
28  between a cooperative, a grower-member of a cooperative, or a
29  grower and a processor is not a sale within this state.
30         Section 41.  Paragraph (a) of subsection (1) of section
31  220.181, Florida Statutes, is amended to read:
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    CS for SB 426                                 Second Engrossed
  1         220.181  Enterprise zone jobs credit.--
  2         (1)(a)  Beginning January 1, 2002, there shall be
  3  allowed a credit against the tax imposed by this chapter to
  4  any business located in an enterprise zone which demonstrates
  5  to the department that the total number of full-time jobs has
  6  increased from the average of the previous 12 months. This
  7  credit is also available for A business that created added a
  8  minimum of five new full-time jobs in an enterprise zone
  9  between July 1, 2000, and December 31, 2001, may also be
10  eligible to claim the credit for eligible employees under the
11  provisions that took effect January 1, 2002. The credit shall
12  be computed as 20 percent of the actual monthly wages paid in
13  this state to each new employee hired when a new job has been
14  created, as defined under s. 220.03(1)(ff), unless the
15  business is located in a rural enterprise zone, pursuant to s.
16  290.004(8), in which case the credit shall be 30 percent of
17  the actual monthly wages paid. If no less than 20 percent of
18  the employees of the business are residents of an enterprise
19  zone, excluding temporary and part-time employees, the credit
20  shall be computed as 30 percent of the actual monthly wages
21  paid in this state to each new employee hired when a new job
22  has been created, unless the business is located in a rural
23  enterprise zone, in which case the credit shall be 45 percent
24  of the actual monthly wages paid, for a period of up to 24
25  consecutive months. If the new employee hired when a new job
26  is created is a participant in the welfare transition program,
27  the following credit shall be a percent of the actual monthly
28  wages paid: 40 percent for $4 above the hourly federal minimum
29  wage rate; 41 percent for $5 above the hourly federal minimum
30  wage rate; 42 percent for $6 above the hourly federal minimum
31  wage rate; 43 percent for $7 above the hourly federal minimum
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  1  wage rate; and 44 percent for $8 above the hourly federal
  2  minimum wage rate.
  3         Section 42.  Effective upon this act becoming a law and
  4  applying to tax years beginning on or after January 1, 2002,
  5  paragraph (e) of subsection (2) of section 220.187, Florida
  6  Statutes, is amended to read:
  7         220.187  Credits for contributions to nonprofit
  8  scholarship-funding organizations.--
  9         (2)  DEFINITIONS.--As used in this section, the term:
10         (e)  "Qualified student" means a student who qualifies
11  for free or reduced-price school lunches under the National
12  School Lunch Act and who:
13         1.  Was counted as a full-time-equivalent student
14  during the previous state fiscal year for purposes of state
15  per-student funding; or
16         2.  Received a scholarship from an eligible nonprofit
17  scholarship-funding organization during the previous school
18  year; or.
19         3.  Is eligible to enter kindergarten or first grade.
20         Section 43.  Subsection (4) of section 220.22, Florida
21  Statutes, is amended to read:
22         220.22  Returns; filing requirement.--
23         (4)  The department shall designate by rule certain
24  not-for-profit entities and others that are not required to
25  file a return under this code, including an initial
26  information return, unless the entities have taxable income as
27  defined in s. 220.13(2). These entities shall include
28  subchapter S corporations, tax-exempt entities, and others
29  that do not usually owe federal income tax. For the year in
30  which an election is made pursuant to s. 1361(b)(3) of the
31  Internal Revenue Code, the qualified subchapter S subsidiary
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  1  shall file an informational return with the department, which
  2  return shall be restricted to information identifying the
  3  subsidiary, the electing S corporation parent, and the
  4  effective date of the election.
  5         Section 44.  Effective January 1, 2003, paragraph (c)
  6  of subsection (2) of section 220.23, Florida Statutes, is
  7  amended to read:
  8         220.23  Federal returns.--
  9         (2)  In the event the taxable income, any item of
10  income or deduction, or the income tax liability reported in a
11  federal income tax return of any taxpayer for any taxable year
12  is adjusted by amendment of such return or as a result of any
13  other recomputation or redetermination of federal taxable
14  income or loss, if such adjustment would affect any item or
15  items entering into the computation of such taxpayer's net
16  income subject to tax for any taxable year under this code,
17  the following special rules shall apply:
18         (c)  In any case where notification of an adjustment is
19  required under paragraph (a), then notwithstanding any other
20  provision contained in s. 95.091(3):
21         1.  A notice of deficiency may be issued at any time
22  within 5 years after the date such notification is given; or
23         2.  If a taxpayer either fails to notify the department
24  or fails to report a change or correction which is treated in
25  the same manner as if it were a deficiency for federal income
26  tax purposes, a notice of deficiency may be issued at any
27  time;
28         3.  In either case, the amount of any proposed
29  assessment set forth in such notice shall be limited to the
30  amount of any deficiency resulting under this code from
31  recomputation of the taxpayer's income for the taxable year
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  1  after giving effect only to the item or items reflected in the
  2  adjustment.
  3
  4  Interest in accordance with s. 220.807 is due on the amount of
  5  any deficiency from the date fixed for filing the original
  6  return for the taxable year, determined without regard to any
  7  extension of time for filing the original return, until the
  8  date of payment of the deficiency.
  9         Section 45.  Subsection (1) of section 220.809, Florida
10  Statutes, is amended to read:
11         220.809  Interest on deficiencies.--
12         (1)  Except as provided in s. 220.23(2)(c), if any
13  amount of tax imposed by this chapter is not paid on or before
14  the date, determined without regard to any extensions,
15  prescribed for payment of such tax, interest shall be paid in
16  accordance with the provisions of s. 220.807 on the unpaid
17  amount from such date to the date of payment.
18         Section 46.  Subsection (2) of section 290.00677,
19  Florida Statutes, is amended to read:
20         290.00677  Rural enterprise zones; special
21  qualifications.--
22         (2)  Notwithstanding the enterprise zone residency
23  requirements set out in s. 220.03(1)(q), eligible businesses
24  as defined by s. 220.03(1)(c) 212.096(1)(a), located in rural
25  enterprise zones as defined in s. 290.004, may receive the
26  basic minimum credit provided under s. 220.181 for creating a
27  new job and hiring a person residing within the jurisdiction
28  of a rural county, as defined by s. 288.106(1)(r). All other
29  provisions of s. 220.181, including, but not limited to, those
30  relating to the award of enhanced credits apply to such
31  businesses.
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  1         Section 47.  Subsection (5) of section 336.021, Florida
  2  Statutes, is amended to read:
  3         336.021  County transportation system; levy of
  4  ninth-cent fuel tax on motor fuel and diesel fuel.--
  5         (5)  All impositions of the tax shall be levied imposed
  6  before November 1, 1993, to be effective January 1, 1994, and
  7  before July 1 of each year thereafter to be effective January
  8  1 of the following year. However, levies of the tax which were
  9  in effect on July 1, 2002 1996, and which expire on August 31
10  of any year may be reimposed at the current authorized rate to
11  be effective September 1 of the year of expiration. All
12  impositions shall be required to end on December 31 of a year.
13  A No decision to rescind the tax shall not take effect on any
14  date other than December 31 and shall require a minimum of
15  until at least 60 days' notice to days after the county
16  notifies the department of such decision.
17         Section 48.  Paragraphs (a) and (b) of subsection (1)
18  and paragraph (a) of subsection (5) of section 336.025,
19  Florida Statutes, are amended to read:
20         336.025  County transportation system; levy of local
21  option fuel tax on motor fuel and diesel fuel.--
22         (1)(a)  In addition to other taxes allowed by law,
23  there may be levied as provided in ss. 206.41(1)(e) and
24  206.87(1)(c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or
25  6-cent local option fuel tax upon every gallon of motor fuel
26  and diesel fuel sold in a county and taxed under the
27  provisions of part I or part II of chapter 206.
28         1.  All impositions and rate changes of the tax shall
29  be levied before July 1 to be effective January 1 of the
30  following year for a period not to exceed 30 years, and the
31  applicable method of distribution shall be established
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  1  pursuant to subsection (3) or subsection (4).  However, levies
  2  of the tax which were in effect on July 1, 2002 1996, and
  3  which expire on August 31 of any year may be reimposed at the
  4  current authorized rate effective September 1 of the year of
  5  expiration.  Upon expiration, the tax may be relevied provided
  6  that a redetermination of the method of distribution is made
  7  as provided in this section.
  8         2.  County and municipal governments shall utilize
  9  moneys received pursuant to this paragraph only for
10  transportation expenditures.
11         3.  Any tax levied pursuant to this paragraph may be
12  extended on a majority vote of the governing body of the
13  county. A redetermination of the method of distribution shall
14  be established pursuant to subsection (3) or subsection (4),
15  if, after July 1, 1986, the tax is extended or the tax rate
16  changed, for the period of extension or for the additional
17  tax.
18         (b)  In addition to other taxes allowed by law, there
19  may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent,
20  3-cent, 4-cent, or 5-cent local option fuel tax upon every
21  gallon of motor fuel sold in a county and taxed under the
22  provisions of part I of chapter 206.  The tax shall be levied
23  by an ordinance adopted by a majority plus one vote of the
24  membership of the governing body of the county or by
25  referendum.
26         1.  All impositions and rate changes of the tax shall
27  be levied before July 1, to be effective January 1 of the
28  following year.  However, levies of the tax which were in
29  effect on July 1, 2002 1996, and which expire on August 31 of
30  any year may be reimposed at the current authorized rate
31  effective September 1 of the year of expiration.
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  1         2.  The county may, prior to levy of the tax, establish
  2  by interlocal agreement with one or more municipalities
  3  located therein, representing a majority of the population of
  4  the incorporated area within the county, a distribution
  5  formula for dividing the entire proceeds of the tax among
  6  county government and all eligible municipalities within the
  7  county. If no interlocal agreement is adopted before the
  8  effective date of the tax, tax revenues shall be distributed
  9  pursuant to the provisions of subsection (4).  If no
10  interlocal agreement exists, a new interlocal agreement may be
11  established prior to June 1 of any year pursuant to this
12  subparagraph. However, any interlocal agreement agreed to
13  under this subparagraph after the initial levy of the tax or
14  change in the tax rate authorized in this section shall under
15  no circumstances materially or adversely affect the rights of
16  holders of outstanding bonds which are backed by taxes
17  authorized by this paragraph, and the amounts distributed to
18  the county government and each municipality shall not be
19  reduced below the amount necessary for the payment of
20  principal and interest and reserves for principal and interest
21  as required under the covenants of any bond resolution
22  outstanding on the date of establishment of the new interlocal
23  agreement.
24         3.  County and municipal governments shall utilize
25  moneys received pursuant to this paragraph only for
26  transportation expenditures needed to meet the requirements of
27  the capital improvements element of an adopted comprehensive
28  plan. For purposes of this paragraph, expenditures for the
29  construction of new roads, the reconstruction or resurfacing
30  of existing paved roads, or the paving of existing graded
31  roads shall be deemed to increase capacity and such projects
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  1  shall be included in the capital improvements element of an
  2  adopted comprehensive plan. Expenditures for purposes of this
  3  paragraph shall not include routine maintenance of roads.
  4         (5)(a)  By July 1 of each year, the county shall notify
  5  the Department of Revenue of the rate of the taxes tax levied
  6  pursuant to paragraphs (1)(a) and (b), and of its decision to
  7  rescind or change the rate of a the tax, if applicable, and
  8  shall provide the department with a certified copy of the
  9  interlocal agreement established under subparagraph (1)(b)2.
10  or subparagraph (3)(a)1. with distribution proportions
11  established by such agreement or pursuant to subsection (4),
12  if applicable. A No decision to rescind a the tax shall not
13  take effect on any date other than December 31 and shall
14  require a minimum of until at least 60 days' notice to days
15  after the county notifies the Department of Revenue of such
16  decision.
17         Section 49.  Subsection (2) of section 376.70, Florida
18  Statutes, is amended to read:
19         376.70  Tax on gross receipts of drycleaning
20  facilities.--
21         (2)  Each drycleaning facility or dry drop-off facility
22  imposing a charge for the drycleaning or laundering of
23  clothing or other fabrics is required to register with the
24  Department of Revenue and become licensed for the purposes of
25  this section. The owner or operator of the facility shall
26  register the facility with the Department of Revenue.
27  Drycleaning facilities or dry drop-off facilities operating at
28  more than one location are only required to have a single
29  registration. The fee for registration is $30. The owner or
30  operator of the facility shall pay the registration fee to the
31  Department of Revenue. The department may waive the
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  1  registration fee for applications submitted through the
  2  department's Internet registration process.
  3         Section 50.  Subsection (1) and paragraph (e) of
  4  subsection (3) of section 443.131, Florida Statutes, are
  5  amended to read:
  6         443.131  Contributions.--
  7         (1)  WHEN PAYABLE.--Contributions shall accrue and
  8  become payable by each employer for each calendar quarter in
  9  which he or she is subject to this chapter, with respect to
10  wages paid during such calendar quarter for employment.  Such
11  contributions shall become due and be paid by each employer to
12  the Agency for Workforce Innovation or its designee division
13  for the fund, in accordance with such rules as the Agency for
14  Workforce Innovation or its designee division may prescribe.
15  However, nothing in this subsection shall be construed to
16  prohibit the Agency for Workforce Innovation or its designee
17  division from allowing, on a limited basis, at the request of
18  the employer, certain employers of employees performing
19  domestic services, as defined in s. 443.036(21)(g) and by rule
20  of the division, to pay contributions or report wages at
21  intervals other than quarterly when such payment or reporting
22  is to the advantage of the Agency for Workforce Innovation or
23  its designee division and the employers, and when such
24  nonquarterly payment and reporting is authorized under federal
25  law.  This provision gives employers of employees performing
26  domestic services the option to elect to report wages and pay
27  taxes annually, with a due date of January April 1 and a
28  delinquency date of February 1 April 30. In order to qualify
29  for this election, the employer must employ have only
30  employees who perform domestic services employees, be eligible
31  for a variation from the standard rate as computed pursuant to
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  1  subsection (3) in good standing, apply to this program no
  2  later than December 1 30 of the preceding calendar year, and
  3  agree to provide the Agency for Workforce Innovation or its
  4  designee division with any special reports which might be
  5  requested, as required by rule 60BB-2.025(5) 38B-2.025(5),
  6  including copies of all federal employment tax forms. Failure
  7  to timely furnish any wage information when required by the
  8  Agency for Workforce Innovation or its designee shall may
  9  result in the employer's loss of the privilege to elect
10  participation in this program, effective the calendar quarter
11  immediately following the calendar quarter in which such
12  failure occurred. The employer is eligible to reapply for
13  annual reporting after 1 complete calendar year has elapsed
14  since the employer's disqualification if the employer timely
15  furnished any requested wage information during the period in
16  which annual reporting was denied. Contributions shall not be
17  deducted, in whole or in part, from the wages of individuals
18  in such employer's employ. In the payment of any
19  contributions, a fractional part of a cent shall be
20  disregarded unless it amounts to one-half cent or more, in
21  which case it shall be increased to 1 cent.
22         (3)  CONTRIBUTION RATES BASED ON BENEFIT EXPERIENCE.--
23         (e)1.  Variations from the standard rate of
24  contributions shall be assigned with respect to each calendar
25  year to employers eligible therefor. In determining the
26  contribution rate, varying from the standard rate to be
27  assigned each employer, adjustment factors provided for in
28  sub-subparagraphs a.-c. will be added to the benefit ratio.
29  This addition will be accomplished in two steps by adding a
30  variable adjustment factor and a final adjustment factor as
31  defined below. The sum of these adjustment factors provided
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  1  for in sub-subparagraphs a.-c. will first be algebraically
  2  summed. The sum of these adjustment factors will then be
  3  divided by a gross benefit ratio to be determined as follows:
  4  Total benefit payments for the previous 3 years, as defined in
  5  subparagraph (b)1., charged to employers eligible to be
  6  assigned a contribution rate different from the standard rate
  7  minus excess payments for the same period divided by taxable
  8  payroll entering into the computation of individual benefit
  9  ratios for the calendar year for which the contribution rate
10  is being computed. The ratio of the sum of the adjustment
11  factors provided for in sub-subparagraphs a.-c. to the gross
12  benefit ratio will be multiplied by each individual benefit
13  ratio below the maximum tax rate to obtain variable adjustment
14  factors; except that in any instance in which the sum of an
15  employer's individual benefit ratio and variable adjustment
16  factor exceeds the maximum tax rate, the variable adjustment
17  factor will be reduced so that the sum equals the maximum tax
18  rate. The variable adjustment factor of each such employer
19  will be multiplied by his or her taxable payroll entering into
20  the computation of his or her benefit ratio. The sum of these
21  products will be divided by the taxable payroll of such
22  employers that entered into the computation of their benefit
23  ratios. The resulting ratio will be subtracted from the sum of
24  the adjustment factors provided for in sub-subparagraphs a.-c.
25  to obtain the final adjustment factor. The variable adjustment
26  factors and the final adjustment factor will be computed to
27  five decimal places and rounded to the fourth decimal place.
28  This final adjustment factor will be added to the variable
29  adjustment factor and benefit ratio of each employer to obtain
30  each employer's contribution rate; however, at no time shall
31
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  1  an employer's contribution rate be rounded to less than 0.1
  2  percent.
  3         a.  An adjustment factor for noncharge benefits will be
  4  computed to the fifth decimal place, and rounded to the fourth
  5  decimal place, by dividing the amount of benefit payments
  6  noncharged in the 3 preceding years as defined in subparagraph
  7  (b)1. by the taxable payroll of employers eligible to be
  8  considered for assignment of a contribution rate different
  9  from the standard rate that have a benefit ratio for the
10  current year less than the maximum contribution rate. The
11  taxable payroll of such employers will be the taxable payrolls
12  for the 3 years ending June 30 of the current calendar year
13  that had been reported to the division by September 30 of the
14  same calendar year. Noncharge benefits for the purpose of this
15  section shall be defined as benefit payments to an individual
16  which were paid from the Unemployment Compensation Trust Fund
17  but which were not charged to the unemployment record of any
18  employer.
19         b.  An excess payments adjustment factor will be
20  computed to the fifth decimal place, and rounded to the fourth
21  decimal place, by dividing the total excess payments during
22  the 3 preceding years as defined in subparagraph (b)1. by the
23  taxable payroll of employers eligible to be considered for
24  assignment of a contribution rate different from the standard
25  rate that have a benefit ratio for the current year less than
26  the maximum contribution rate. The taxable payroll of such
27  employers will be the same as used in computing the noncharge
28  adjustment factor as described in sub-subparagraph a. The term
29  "excess payments" for the purpose of this section is defined
30  as the amount of benefit payments charged to the employment
31  record of an employer during the 3 preceding years, as defined
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  1  in subparagraph (b)1., less the product of the maximum
  2  contribution rate and his or her taxable payroll for the 3
  3  years ending June 30 of the current calendar year that had
  4  been reported to the division by September 30 of the same
  5  calendar year. The term "total excess payments" is defined as
  6  the sum of the individual employer excess payments for those
  7  employers that were eligible to be considered for assignment
  8  of a contribution rate different from the standard rate.
  9         c.  If the balance in the Unemployment Compensation
10  Trust Fund as of June 30 of the calendar year immediately
11  preceding the calendar year for which the contribution rate is
12  being computed is less than 3.7 4 percent of the taxable
13  payrolls for the year ending June 30 as reported to the
14  division by September 30 of that calendar year, a positive
15  adjustment factor will be computed. Such adjustment factor
16  shall be computed annually to the fifth decimal place, and
17  rounded to the fourth decimal place, by dividing the sum of
18  the total taxable payrolls for the year ending June 30 of the
19  current calendar year as reported to the division by September
20  30 of such calendar year into a sum equal to one-fourth of the
21  difference between the amount in the fund as of June 30 of
22  such calendar year and the sum of 4.7 5 percent of the total
23  taxable payrolls for that year. Such adjustment factor will
24  remain in effect in subsequent years until a balance in the
25  Unemployment Compensation Trust Fund as of June 30 of the year
26  immediately preceding the effective date of such contribution
27  rate equals or exceeds 3.7 4 percent of the taxable payrolls
28  for the year ending June 30 of the current calendar year as
29  reported to the division by September 30 of that calendar
30  year. If the balance in the Unemployment Compensation Trust
31  Fund as of June 30 of the year immediately preceding the
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  1  calendar year for which the contribution rate is being
  2  computed exceeds 4.7 5 percent of the taxable payrolls for the
  3  year ending June 30 of the current calendar year as reported
  4  to the division by September 30 of that calendar year, a
  5  negative adjustment factor will be computed. Such adjustment
  6  factor shall be computed annually to the fifth decimal place,
  7  and rounded to the fourth decimal place, by dividing the sum
  8  of the total taxable payrolls for the year ending June 30 of
  9  the current calendar year as reported to the division by
10  September 30 of such calendar year into a sum equal to
11  one-fourth of the difference between the amount in the fund as
12  of June 30 of the current calendar year and 4.7 5 percent of
13  the total taxable payrolls of such year. Such adjustment
14  factor will remain in effect in subsequent years until the
15  balance in the Unemployment Compensation Trust Fund as of June
16  30 of the year immediately preceding the effective date of
17  such contribution rate is less than 4.7 5 percent but more
18  than 3.7 4 percent of the taxable payrolls for the year ending
19  June 30 of the current calendar year as reported to the
20  division by September 30 of that calendar year.
21         d.  The maximum contribution rate that can be assigned
22  to any employer shall be 5.4 percent, except those employers
23  participating in an approved short-time compensation plan in
24  which case the maximum shall be 1 percent above the current
25  maximum contribution rate, with respect to any calendar year
26  in which short-time compensation benefits are in the
27  employer's employment record.
28         2.  In the event of the transfer of employment records
29  to an employing unit pursuant to paragraph (g) which, prior to
30  such transfer, was an employer, the division shall recompute a
31  benefit ratio for the successor employer on the basis of the
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  1  combined employment records and reassign an appropriate
  2  contribution rate to such successor employer as of the
  3  beginning of the calendar quarter immediately following the
  4  effective date of such transfer of employment records.
  5         Section 51.  Effective upon this act becoming a law and
  6  operating retroactively to December 21, 2000, section
  7  443.1315, Florida Statutes, is created to read:
  8         443.1315  Treatment of Indian tribes.--
  9         (1)  As used in this section:
10         (a)  "Employer" includes any Indian tribe for which
11  service in employment as defined by this chapter is performed.
12         (b)  "Employment" includes service performed in the
13  employ of an Indian tribe, as defined by s. 3306(u) of the
14  Federal Unemployment Tax Act, provided such service is
15  excluded from employment as defined by that act solely by
16  reason of s. 3306(c)(7) of such act and is not otherwise
17  excluded from employment under this chapter. For purposes of
18  this section, the exclusions from employment under s.
19  443.036(21)(d) apply to services performed in the employ of an
20  Indian tribe.
21         (2)  Benefits based on service in employment shall be
22  payable in the same amount, on the same terms, and subject to
23  the same conditions as benefits payable on the basis of other
24  service subject to this chapter.
25         (3)(a)  Indian tribes or tribal units thereof,
26  including subdivisions, subsidiaries, or business enterprises
27  wholly owned by such Indian tribes, subject to this chapter
28  shall pay contributions under the same terms and conditions as
29  all other subject employers unless they elect to pay into the
30  Unemployment Compensation Trust Fund amounts equal to the
31
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  1  amount of benefits attributable to service in the employ of
  2  the Indian tribe.
  3         (b)  Indian tribes electing to make payments in lieu of
  4  contributions must make such election in the same manner and
  5  under the same conditions as provided by s. 443.131 for state
  6  and local governments and nonprofit organizations subject to
  7  this chapter. Indian tribes shall determine whether
  8  reimbursement for benefits paid will be elected by the tribe
  9  as a whole, by individual tribal units thereof, or by
10  combinations of individual tribal units.
11         (c)  Indian tribes or tribal units thereof shall be
12  billed for the full amount of benefits attributable to service
13  in the employ of the Indian tribe or tribal unit on the same
14  schedule as other employing units that have elected to make
15  payments in lieu of contributions.
16         (d)  At the discretion of the director of the Agency
17  for Workforce Innovation or his or her designee, any Indian
18  tribe or tribal unit thereof that elects to become liable for
19  payments in lieu of contributions shall be required, within 90
20  days after the effective date of such election, to:
21         1.  Execute and file with the director or his or her
22  designee a surety bond approved by the director or his or her
23  designee; or
24         2.  Deposit with the director or his or her designee
25  money or securities on the same basis as other employers with
26  the same election option.
27         (4)(a)1.  Failure of the Indian tribe or any tribal
28  unit thereof to make required payments, including assessments
29  of interest and penalty, within 90 days after receipt of the
30  bill will cause the Indian tribe to lose the option to make
31  payments in lieu of contributions as provided in subsection
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  1  (3) for the following tax year unless payment in full is
  2  received before contribution rates for the next tax year are
  3  computed.
  4         2.  Any Indian tribe that loses the option to make
  5  payments in lieu of contributions due to late payment or
  6  nonpayment pursuant to subparagraph 1. shall have such option
  7  reinstated if, after a period of 1 year, all contributions
  8  have been made timely, provided no contributions, payments in
  9  lieu of contributions for benefits paid, penalties, or
10  interest remain outstanding.
11         (b)1.  Failure of the Indian tribe or any tribal unit
12  thereof to make required payments, including assessments of
13  interest and penalty, after all collection activities deemed
14  necessary by the director of the Agency for Workforce
15  Innovation or his or her designee have been exhausted will
16  cause services performed for such tribe to not be treated as
17  employment for purposes of paragraph (1)(b).
18         2.  The director or his or her designee may determine
19  that any Indian tribe that loses coverage under subparagraph
20  1. may have services performed for such tribe again included
21  as employment for purposes of paragraph (1)(b) if all
22  contributions, payments in lieu of contributions, penalties,
23  and interest have been paid.
24         (c)  If an Indian tribe fails to make payments required
25  under this section, including assessments of interest and
26  penalty, within 90 days after a final notice of delinquency,
27  the director of the Agency for Workforce Innovation shall
28  immediately notify the United States Internal Revenue Service
29  and the United States Department of Labor.
30         (5)  Notices of payment and reporting delinquency to
31  Indian tribes or tribal units thereof shall include
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  1  information that failure to make full payment within the
  2  prescribed timeframe:
  3         (a)  Will cause the Indian tribe to be liable for taxes
  4  under the Federal Unemployment Tax Act.
  5         (b)  Will cause the Indian tribe to lose the option to
  6  make payments in lieu of contributions.
  7         (c)  Could cause the Indian tribe to be excepted from
  8  the definition of "employer" provided in paragraph (1)(a) and
  9  services in the employ of the Indian tribe provided in
10  paragraph (1)(b) to be excepted from employment.
11         (6)  Extended benefits paid that are attributable to
12  service in the employ of an Indian tribe and not reimbursed by
13  the Federal Government shall be financed in their entirety by
14  such Indian tribe.
15         (7)  The Agency for Workforce Innovation shall adopt
16  any rules necessary to administer this section.
17         Section 52.  Effective January 1, 2003, section
18  443.163, Florida Statutes, is amended to read:
19         443.163  Electronic reporting and remitting of taxes.--
20         (1)  An employer may choose to file any report and
21  remit any taxes required by this chapter by electronic means
22  in a form initiated through an electronic data interchange
23  using an advanced encrypted transmission by means of the
24  Internet or other suitable transmission. The Agency for
25  Workforce Innovation or its designee division shall prescribe
26  by rule the format and instructions necessary for such filing
27  of reports and remitting of taxes to ensure a full collection
28  of contributions due. The acceptable method of transfer, the
29  method, form, and content of the electronic means data
30  interchange, and the method means, if any, by which the
31  employer will be provided with an acknowledgment, shall be
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  1  prescribed by the agency or its designee division. However,
  2  any employer who employed 10 or more employees in any quarter
  3  during the preceding state fiscal year, or any person that
  4  prepared and reported for 5 or more employers in the preceding
  5  state fiscal year, must submit the Employers Quarterly Reports
  6  (UCT-6) for the current calendar year and remit the taxes due
  7  by electronic means approved by the agency or its designee.
  8         (2)  Any employer or person who fails to file an
  9  Employers Quarterly Report (UCT-6) by electronic means
10  required by law is liable for a penalty of 10 percent of the
11  tax due, but not less than $10 for each report, which is in
12  addition to any other penalty provided by this chapter which
13  may be applicable, unless the employer or person has first
14  obtained a waiver for such requirement from the agency or its
15  designee. Any employer or person who fails to remit tax by
16  electronic means as required by law is liable for a penalty of
17  $10 for each remittance submitted, which is in addition to any
18  other penalty provided by this chapter which may be
19  applicable.
20         (3)  The agency or its designee may waive the
21  requirement to file an Employers Quarterly Report (UCT-6) by
22  electronic means for employers or persons that are unable to
23  comply despite good faith efforts or due to circumstances
24  beyond the employer's or person's reasonable control.
25         (a)  As prescribed by the agency or its designee,
26  grounds for approving the waiver include, but are not limited
27  to, circumstances in which the employer or person does not:
28         1.  Currently file information or data electronically
29  with any business or government agency; or
30         2.  Have a compatible computer that meets or exceeds
31  the standards prescribed by the agency or its designee.
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  1         (b)  The agency or its designee shall accept other
  2  reasons for requesting a waiver from the requirement to submit
  3  the Employers Quarterly Report (UCT-6) by electronic means,
  4  including, but not limited to:
  5         1.  That the employer or person needs additional time
  6  to program his or her computer;
  7         2.  That complying with this requirement causes the
  8  employer or person financial hardship; or
  9         3.  That complying with this requirement conflicts with
10  the employer's business procedures.
11         (c)  The agency or its designee may establish by rule
12  the length of time a waiver is valid and may determine whether
13  subsequent waivers will be authorized, based on the provisions
14  of this subsection; however, the agency or its designee shall
15  only grant a waiver from electronic reporting if the employer
16  or person timely files the Employers Quarterly Report (UCT-6)
17  by telefile, unless the employer wage detail exceeds the
18  agency's or its designee's telefile system capabilities.
19         (4)  For purposes of this section, the term "electronic
20  means" includes, but is not limited to, electronic data
21  interchange; electronic funds transfer; and use of the
22  Internet, telephone, or other technology specified by the
23  agency or its designee.
24         Section 53.  Effective January 1, 2003, subsection (3)
25  is added to section 608.471, Florida Statutes, to read:
26         608.471  Tax exemption on income of certain limited
27  liability companies.--
28         (3)  Single-member limited liability companies and
29  other entities that are disregarded for federal income tax
30  purposes must be treated as separate legal entities for all
31  non-income-tax purposes. The Department of Revenue shall adopt
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  1  rules to take into account that single-member disregarded
  2  entities such as limited liability companies and qualified
  3  subchapter S corporations may be disregarded as separate
  4  entities for federal tax purposes and therefore may report and
  5  account for income, employment, and other taxes under the
  6  taxpayer identification number of the owner of the
  7  single-member entity.
  8         Section 54.  Effective July 1, 2002, subsection (1) of
  9  section 681.117, Florida Statutes, is amended to read:
10         681.117  Fee.--
11         (1)  A $2 fee shall be collected by a motor vehicle
12  dealer, or by a person engaged in the business of leasing
13  motor vehicles, from the consumer at the consummation of the
14  sale of a motor vehicle or at the time of entry into a lease
15  agreement for a motor vehicle.  Such fees shall be remitted to
16  the county tax collector or private tag agency acting as agent
17  for the Department of Revenue. If the purchaser or lessee
18  removes the motor vehicle from the state for titling and
19  registration outside this state, the fee shall be remitted to
20  the Department of Revenue. All fees, less the cost of
21  administration, shall be transferred monthly to the Department
22  of Legal Affairs for deposit into the Motor Vehicle Warranty
23  Trust Fund.  The Department of Legal Affairs shall distribute
24  monthly an amount not exceeding one-fourth of the fees
25  received to the Division of Consumer Services of the
26  Department of Agriculture and Consumer Services to carry out
27  the provisions of ss. 681.108 and 681.109.  The Department of
28  Legal Affairs shall contract with the Division of Consumer
29  Services for payment of services performed by the division
30  pursuant to ss. 681.108 and 681.109.
31
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  1         Section 55.  Sections 3 and 4 of chapter 2000-345, Laws
  2  of Florida, are amended to read:
  3         Section 3.  Effective July 1, 2006 2003, subsection
  4  (10) of section 212.031, Florida Statutes, as created by this
  5  act, is repealed, and paragraph (a) of subsection (1) and
  6  subsection (3) of said section, as amended by this act, are
  7  amended to read:
  8         212.031  Lease or rental of or license in real
  9  property.--
10         (1)(a)  It is declared to be the legislative intent
11  that every person is exercising a taxable privilege who
12  engages in the business of renting, leasing, letting, or
13  granting a license for the use of any real property unless
14  such property is:
15         1.  Assessed as agricultural property under s. 193.461.
16         2.  Used exclusively as dwelling units.
17         3.  Property subject to tax on parking, docking, or
18  storage spaces under s. 212.03(6).
19         4.  Recreational property or the common elements of a
20  condominium when subject to a lease between the developer or
21  owner thereof and the condominium association in its own right
22  or as agent for the owners of individual condominium units or
23  the owners of individual condominium units. However, only the
24  lease payments on such property shall be exempt from the tax
25  imposed by this chapter, and any other use made by the owner
26  or the condominium association shall be fully taxable under
27  this chapter.
28         5.  A public or private street or right-of-way and
29  poles, conduits, fixtures, and similar improvements located on
30  such streets or rights-of-way, occupied or used by a utility
31  or franchised cable television company for utility or
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  1  communications or television purposes. For purposes of this
  2  subparagraph, the term "utility" means any person providing
  3  utility services as defined in s. 203.012. This exception also
  4  applies to property, excluding buildings, wherever located, on
  5  which antennas, cables, adjacent accessory structures, or
  6  adjacent accessory equipment used in the provision of
  7  cellular, enhanced specialized mobile radio, or personal
  8  communications services are placed.
  9         6.  A public street or road which is used for
10  transportation purposes.
11         7.  Property used at an airport exclusively for the
12  purpose of aircraft landing or aircraft taxiing or property
13  used by an airline for the purpose of loading or unloading
14  passengers or property onto or from aircraft or for fueling
15  aircraft.
16         8.a.  Property used at a port authority, as defined in
17  s. 315.02(2), exclusively for the purpose of oceangoing
18  vessels or tugs docking, or such vessels mooring on property
19  used by a port authority for the purpose of loading or
20  unloading passengers or cargo onto or from such a vessel, or
21  property used at a port authority for fueling such vessels, or
22  to the extent that the amount paid for the use of any property
23  at the port is based on the charge for the amount of tonnage
24  actually imported or exported through the port by a tenant.
25         b.  The amount charged for the use of any property at
26  the port in excess of the amount charged for tonnage actually
27  imported or exported shall remain subject to tax except as
28  provided in sub-subparagraph a.
29         9.  Property used as an integral part of the
30  performance of qualified production services.  As used in this
31  subparagraph, the term "qualified production services" means
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  1  any activity or service performed directly in connection with
  2  the production of a qualified motion picture, as defined in s.
  3  212.06(1)(b), and includes:
  4         a.  Photography, sound and recording, casting, location
  5  managing and scouting, shooting, creation of special and
  6  optical effects, animation, adaptation (language, media,
  7  electronic, or otherwise), technological modifications,
  8  computer graphics, set and stage support (such as
  9  electricians, lighting designers and operators, greensmen,
10  prop managers and assistants, and grips), wardrobe (design,
11  preparation, and management), hair and makeup (design,
12  production, and application), performing (such as acting,
13  dancing, and playing), designing and executing stunts,
14  coaching, consulting, writing, scoring, composing,
15  choreographing, script supervising, directing, producing,
16  transmitting dailies, dubbing, mixing, editing, cutting,
17  looping, printing, processing, duplicating, storing, and
18  distributing;
19         b.  The design, planning, engineering, construction,
20  alteration, repair, and maintenance of real or personal
21  property including stages, sets, props, models, paintings, and
22  facilities principally required for the performance of those
23  services listed in sub-subparagraph a.; and
24         c.  Property management services directly related to
25  property used in connection with the services described in
26  sub-subparagraphs a. and b.
27         10.  Leased, subleased, licensed, or rented to a person
28  providing food and drink concessionaire services within the
29  premises of a convention hall, exhibition hall, auditorium,
30  stadium, theater, arena, civic center, performing arts center,
31  publicly owned recreational facility, or any business operated
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  1  under a permit issued pursuant to chapter 550.  A person
  2  providing retail concessionaire services involving the sale of
  3  food and drink or other tangible personal property within the
  4  premises of an airport shall be subject to tax on the rental
  5  of real property used for that purpose, but shall not be
  6  subject to the tax on any license to use the property.  For
  7  purposes of this subparagraph, the term "sale" shall not
  8  include the leasing of tangible personal property.
  9         11.  Property occupied pursuant to an instrument
10  calling for payments which the department has declared, in a
11  Technical Assistance Advisement issued on or before March 15,
12  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),
13  Florida Administrative Code; provided that this subparagraph
14  shall only apply to property occupied by the same person
15  before and after the execution of the subject instrument and
16  only to those payments made pursuant to such instrument,
17  exclusive of renewals and extensions thereof occurring after
18  March 15, 1993.
19         12.  Rented, leased, subleased, or licensed to a
20  concessionaire by a convention hall, exhibition hall,
21  auditorium, stadium, theater, arena, civic center, performing
22  arts center, or publicly owned recreational facility, during
23  an event at the facility, to be used by the concessionaire to
24  sell souvenirs, novelties, or other event-related products.
25  This subparagraph applies only to that portion of the rental,
26  lease, or license payment which is based on a percentage of
27  sales and not based on a fixed price.
28         (3)  The tax imposed by this section shall be in
29  addition to the total amount of the rental or license fee,
30  shall be charged by the lessor or person receiving the rent or
31  payment in and by a rental or license fee arrangement with the
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  1  lessee or person paying the rental or license fee, and shall
  2  be due and payable at the time of the receipt of such rental
  3  or license fee payment by the lessor or other person who
  4  receives the rental or payment. Notwithstanding any other
  5  provision of this chapter, the tax imposed by this section on
  6  the rental, lease, or license for the use of a convention
  7  hall, exhibition hall, auditorium, stadium, theater, arena,
  8  civic center, performing arts center, or publicly owned
  9  recreational facility to hold an event of not more than 7
10  consecutive days' duration shall be collected at the time of
11  the payment for that rental, lease, or license but is not due
12  and payable to the department until the first day of the month
13  following the last day that the event for which the payment is
14  made is actually held, and becomes delinquent on the 21st day
15  of that month. The owner, lessor, or person receiving the rent
16  or license fee shall remit the tax to the department at the
17  times and in the manner hereinafter provided for dealers to
18  remit taxes under this chapter.  The same duties imposed by
19  this chapter upon dealers in tangible personal property
20  respecting the collection and remission of the tax; the making
21  of returns; the keeping of books, records, and accounts; and
22  the compliance with the rules and regulations of the
23  department in the administration of this chapter shall apply
24  to and be binding upon all persons who manage any leases or
25  operate real property, hotels, apartment houses,
26  roominghouses, or tourist and trailer camps and all persons
27  who collect or receive rents or license fees taxable under
28  this chapter on behalf of owners or lessors.
29         Section 4.  Effective July 1, 2006 2003, paragraph (b)
30  of subsection (1), paragraph (a) of subsection (2), and
31
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  1  subsection (3) of section 212.04, Florida Statutes, as amended
  2  by this act, are amended to read:
  3         212.04  Admissions tax; rate, procedure, enforcement.--
  4         (1)
  5         (b)  For the exercise of such privilege, a tax is
  6  levied at the rate of 6 percent of sales price, or the actual
  7  value received from such admissions, which 6 percent shall be
  8  added to and collected with all such admissions from the
  9  purchaser thereof, and such tax shall be paid for the exercise
10  of the privilege as defined in the preceding paragraph.  Each
11  ticket must show on its face the actual sales price of the
12  admission, or each dealer selling the admission must
13  prominently display at the box office or other place where the
14  admission charge is made a notice disclosing the price of the
15  admission, and the tax shall be computed and collected on the
16  basis of the actual price of the admission charged by the
17  dealer.  The sale price or actual value of admission shall,
18  for the purpose of this chapter, be that price remaining after
19  deduction of federal taxes and state or locally imposed or
20  authorized seat surcharges, taxes, or fees, if any, imposed
21  upon such admission, and. The sale price or actual value does
22  not include separately stated ticket service charges that are
23  imposed by a facility ticket office or a ticketing service and
24  added to a separately stated, established ticket price. the
25  rate of tax on each admission shall be according to the
26  brackets established by s. 212.12(9).
27         (2)(a)1.  No tax shall be levied on admissions to
28  athletic or other events sponsored by elementary schools,
29  junior high schools, middle schools, high schools, community
30  colleges, public or private colleges and universities, deaf
31  and blind schools, facilities of the youth services programs
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  1  of the Department of Children and Family Services, and state
  2  correctional institutions when only student, faculty, or
  3  inmate talent is used. However, this exemption shall not apply
  4  to admission to athletic events sponsored by an institution
  5  within the State University System, and the proceeds of the
  6  tax collected on such admissions shall be retained and used by
  7  each institution to support women's athletics as provided in
  8  s. 240.533(3)(c).
  9         2.a.  No tax shall be levied on dues, membership fees,
10  and admission charges imposed by not-for-profit sponsoring
11  organizations. To receive this exemption, the sponsoring
12  organization must qualify as a not-for-profit entity under the
13  provisions of s. 501(c)(3) of the Internal Revenue Code of
14  1954, as amended.
15         b.  No tax imposed by this section and not actually
16  collected before August 1, 1992, shall be due from any museum
17  or historic building owned by any political subdivision of the
18  state.
19         c.  No tax shall be levied on admission charges to an
20  event sponsored by a governmental entity, sports authority, or
21  sports commission when held in a convention hall, exhibition
22  hall, auditorium, stadium, theater, arena, civic center,
23  performing arts center, or publicly owned recreational
24  facility and when 100 percent of the risk of success or
25  failure lies with the sponsor of the event and 100 percent of
26  the funds at risk for the event belong to the sponsor, and
27  student or faculty talent is not exclusively used.  As used in
28  this sub-subparagraph, the terms "sports authority" and
29  "sports commission" mean a nonprofit organization that is
30  exempt from federal income tax under s. 501(c)(3) of the
31  Internal Revenue Code and that contracts with a county or
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  1  municipal government for the purpose of promoting and
  2  attracting sports-tourism events to the community with which
  3  it contracts.
  4         3.  No tax shall be levied on an admission paid by a
  5  student, or on the student's behalf, to any required place of
  6  sport or recreation if the student's participation in the
  7  sport or recreational activity is required as a part of a
  8  program or activity sponsored by, and under the jurisdiction
  9  of, the student's educational institution, provided his or her
10  attendance is as a participant and not as a spectator.
11         4.  No tax shall be levied on admissions to the
12  National Football League championship game, on admissions to
13  any semifinal game or championship game of a national
14  collegiate tournament, or on admissions to a Major League
15  Baseball all-star game.
16         5.  A participation fee or sponsorship fee imposed by a
17  governmental entity as described in s. 212.08(6) for an
18  athletic or recreational program is exempt when the
19  governmental entity by itself, or in conjunction with an
20  organization exempt under s. 501(c)(3) of the Internal Revenue
21  Code of 1954, as amended, sponsors, administers, plans,
22  supervises, directs, and controls the athletic or recreational
23  program.
24         6.  Also exempt from the tax imposed by this section to
25  the extent provided in this subparagraph are admissions to
26  live theater, live opera, or live ballet productions in this
27  state which are sponsored by an organization that has received
28  a determination from the Internal Revenue Service that the
29  organization is exempt from federal income tax under s.
30  501(c)(3) of the Internal Revenue Code of 1954, as amended, if
31  the organization actively participates in planning and
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  1  conducting the event, is responsible for the safety and
  2  success of the event, is organized for the purpose of
  3  sponsoring live theater, live opera, or live ballet
  4  productions in this state, has more than 10,000 subscribing
  5  members and has among the stated purposes in its charter the
  6  promotion of arts education in the communities which it
  7  serves, and will receive at least 20 percent of the net
  8  profits, if any, of the events which the organization sponsors
  9  and will bear the risk of at least 20 percent of the losses,
10  if any, from the events which it sponsors if the organization
11  employs other persons as agents to provide services in
12  connection with a sponsored event. Prior to March 1 of each
13  year, such organization may apply to the department for a
14  certificate of exemption for admissions to such events
15  sponsored in this state by the organization during the
16  immediately following state fiscal year. The application shall
17  state the total dollar amount of admissions receipts collected
18  by the organization or its agents from such events in this
19  state sponsored by the organization or its agents in the year
20  immediately preceding the year in which the organization
21  applies for the exemption. Such organization shall receive the
22  exemption only to the extent of $1.5 million multiplied by the
23  ratio that such receipts bear to the total of such receipts of
24  all organizations applying for the exemption in such year;
25  however, in no event shall such exemption granted to any
26  organization exceed 6 percent of such admissions receipts
27  collected by the organization or its agents in the year
28  immediately preceding the year in which the organization
29  applies for the exemption. Each organization receiving the
30  exemption shall report each month to the department the total
31  admissions receipts collected from such events sponsored by
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  1  the organization during the preceding month and shall remit to
  2  the department an amount equal to 6 percent of such receipts
  3  reduced by any amount remaining under the exemption. Tickets
  4  for such events sold by such organizations shall not reflect
  5  the tax otherwise imposed under this section.
  6         7.  Also exempt from the tax imposed by this section
  7  are entry fees for participation in freshwater fishing
  8  tournaments.
  9         8.  Also exempt from the tax imposed by this section
10  are participation or entry fees charged to participants in a
11  game, race, or other sport or recreational event if spectators
12  are charged a taxable admission to such event.
13         9.  No tax shall be levied on admissions to any
14  postseason collegiate football game sanctioned by the National
15  Collegiate Athletic Association.
16         (3)  Such taxes shall be paid and remitted at the same
17  time and in the same manner as provided for remitting taxes on
18  sales of tangible personal property, as hereinafter provided.
19  Notwithstanding any other provision of this chapter, the tax
20  on admission to an event at a convention hall, exhibition
21  hall, auditorium, stadium, theater, arena, civic center,
22  performing arts center, or publicly owned recreational
23  facility shall be collected at the time of payment for the
24  admission but is not due to the department until the first day
25  of the month following the actual date of the event for which
26  the admission is sold and becomes delinquent on the 21st day
27  of that month.
28         Section 56.  Paragraph (f) of subsection (4) of section
29  11 of chapter 2000-165, Laws of Florida, is amended to read:
30         Section 11.
31
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  1         (4)  Effective October 1, 2000, the following programs
  2  and functions are transferred to the Agency for Workforce
  3  Innovation:
  4         (f)  The Division of Unemployment Compensation is
  5  transferred by a type two transfer, as defined in section
  6  20.06(2), Florida Statutes, from the Department of Labor and
  7  Employment Security to the Agency for Workforce Innovation.
  8  The resources, data, records, property, and unexpended
  9  balances of appropriations, allocations, and other funds
10  within the Office of the Secretary or any other division,
11  office, bureau, or unit within the Department of Labor and
12  Employment Security that support the Division of Unemployment
13  Compensation are transferred by a type two transfer, as
14  defined in section 20.06(2), Florida Statutes, from the
15  Department of Labor and Employment Security.  By January 1,
16  2001, the Agency for Workforce Innovation shall enter into a
17  contract with the Department of Revenue which shall provide
18  for the Department of Revenue to provide unemployment tax
19  collection services.  The Department of Revenue, in
20  consultation with the Department of Labor and Employment
21  Security, shall determine the number of positions needed to
22  provide unemployment tax collection services within the
23  Department of Revenue.  The number of unemployment tax
24  collection service positions the Department of Revenue
25  determines are needed shall not exceed the number of positions
26  that, prior to the contract, were authorized to the Department
27  of Labor and Employment Security for this purpose.  Upon
28  entering into the contract with the Agency for Workforce
29  Innovation to provide unemployment tax collection services,
30  the number of required positions, as determined by the
31  Department of Revenue, shall be authorized within the
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    CS for SB 426                                 Second Engrossed
  1  Department of Revenue.  Beginning January 1, 2002, the Office
  2  of Program Policy Analysis and Government Accountability shall
  3  conduct a feasibility study regarding privatization of
  4  unemployment tax collection services.  A report on the
  5  conclusions of this study shall be submitted to the Governor,
  6  the President of the Senate, and the Speaker of the House of
  7  Representatives. The Department of Revenue is considered to be
  8  administering a revenue law of this state when the department
  9  provides unemployment compensation tax collection services
10  pursuant to a contract of the department with the Agency for
11  Workforce Innovation. Sections 213.018, 213.025, 213.051,
12  213.053, 213.055, 213.071, 213.10, 213.2201, 213.23,
13  213.24(2), 213.27, 213.28, 213.285, 213.37, 213.50, 213.67,
14  213.69, 213.73, 213.733, 213.74, and 213.757, Florida
15  Statutes, apply to the collection of unemployment
16  contributions by the Department of Revenue unless prohibited
17  by federal law.
18         Section 57.  Notwithstanding the percentage increase
19  provided in section 218.21(6), Florida Statutes, for the
20  purpose of calculating distributions made under section
21  212.20(6)(d)6., Florida Statutes, for the 2001-2002 fiscal
22  year, the percentage increase for any government exercising
23  municipal powers under section 6(f), Article VIII of the State
24  Constitution shall be calculated as the revenues from the
25  Revenue Sharing Trust Fund for Municipalities for the
26  2000-2001 fiscal year, divided by the sum of revenues from the
27  Revenue Sharing Trust Fund for Municipalities for the
28  1999-2000 fiscal year and revenues from the Municipal
29  Financial Assistance Trust Fund for the 1999-2000 fiscal year,
30  minus one. Notwithstanding this section, actual payments
31  during fiscal year 2001-2002 shall not be affected by this
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    CS for SB 426                                 Second Engrossed
  1  provision and such recalculated amount shall be used to
  2  determine the percentage increase for the 2002-2003 fiscal
  3  year, as provided in section 218.21(6)(b), Florida Statutes.
  4  Any adjustment because of an overpayment during the 2001-2002
  5  fiscal year shall be treated as a credit to the payment in
  6  fiscal year 2002-2003.
  7         Section 58.  Effective upon this act becoming a law and
  8  applying to tax years beginning on or after January 1, 2002,
  9  section 9 of chapter 2001-225, Laws of Florida, is repealed.
10         Section 59.  Effective upon this act becoming a law and
11  applying to tax years beginning on or after January 1, 2002,
12  section 220.331, Florida Statutes, is repealed.
13         Section 60.  (1)  Subsections (1) and (2) of section
14  199.062, section 201.05, and subsection (6) of section
15  212.084, Florida Statutes, are repealed.
16         (2)  Effective July 1, 2002, subsection (10) of section
17  624.509, Florida Statutes, is repealed.
18         Section 61.  Except as otherwise provided herein, this
19  act shall take effect upon becoming a law.
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