HB 0215CS

CHAMBER ACTION




1The Committee on Finance & Tax recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to the Florida High-Speed Rail Authority;
8amending s. 341.8203, F.S.; redefining the terms
9"authority" and "high-speed rail system"; amending s.
10341.840, F.S.; revising the tax exemption of the authority
11and its agents and contractors; providing for annual
12redetermination of eligibility for exemption; providing
13for recapture of taxes when an exemption is used
14inappropriately; providing for rules; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsections (2) and (6) of section 341.8203,
20Florida Statutes, are amended to read:
21     341.8203  Definitions.--As used in this act, unless the
22context clearly indicates otherwise, the term:
23     (2)  "Authority" means the Florida High-Speed Rail
24Authority and its agents. However, for purposes of s. 341.840,
25the term does not include any agent of the authority except as
26provided in that section.
27     (6)  "High-speed rail system" means any high-speed fixed
28guideway system for transporting people or goods, which system
29is capable of operating at speeds in excess of 120 miles per
30hour, including, but not limited to, a monorail system, dual
31track rail system, suspended rail system, magnetic levitation
32system, pneumatic repulsion system, or other system approved by
33the authority. The term includes a corridor and structures
34essential to the operation of the line, including the land,
35structures, improvements, rights-of-way, easements, rail lines,
36rail beds, guideway structures, stations, platforms, switches,
37yards, parking facilities, power relays, switching houses, and
38rail stations, associated development, and also includes any
39other facilities or equipment used exclusively or useful for the
40purposes of high-speed rail system design, construction,
41operation, maintenance, or the financing of the high-speed rail
42system.
43     Section 2.  Section 341.840, Florida Statutes, is amended
44to read:
45     341.840  Tax exemption.--
46     (1)  The exercise of the powers granted by this act will be
47in all respects for the benefit of the people of this state, for
48the increase of their commerce, welfare, and prosperity, and for
49the improvement of their health and living conditions., and as
50The design, construction building, operation, maintenance, and
51financing of a high-speed rail system by the authority, or its
52agent, or the owner or lessee thereof, as herein authorized,
53constitutes the performance of an essential public function.
54     (2)(a)  For the purposes of this section, the term
55"authority" does not include agents of the authority other than
56contractors who qualify as such pursuant to subsection (7).
57     (b)  For the purposes of this section, any item or property
58that is within the definition of "associated development" in s.
59341.8203(1) shall not be considered to be part of the high-speed
60rail system as defined in s. 341.8203(6).
61     (3)(a)  Purchases or leases of tangible personal property
62or real property by the authority, excluding agents of the
63authority, are exempt from taxes imposed by chapter 212 as
64provided in s. 212.08(6). Purchases or leases of tangible
65personal property that is incorporated into the high-speed rail
66system as a component part thereof, as determined by the
67authority, by agents of the authority or the owner of the high-
68speed rail system are exempt from sales or use taxes imposed by
69chapter 212. Leases, rentals, or licenses to use real property
70granted to agents of the authority or the owner of the high-
71speed rail system are exempt from taxes imposed by s. 212.031 if
72the real property becomes part of such system. The exemptions
73granted in this subsection do not apply to sales, leases, or
74licenses by the authority, agents of the authority, or the owner
75of the high-speed rail system.
76     (b)  The exemption granted in paragraph (a) to purchases or
77leases of tangible personal property by agents of the authority
78or by the owner of the high-speed rail system applies only to
79property that becomes a component part of such system. It does
80not apply to items, including, but not limited to, cranes,
81bulldozers, forklifts, other machinery and equipment, tools and
82supplies, or other items of tangible personal property used in
83the construction, operation, or maintenance of the high-speed
84rail system when such items are not incorporated into the high-
85speed rail system as a component part thereof.
86     (4)  Any bonds or other, neither the authority, its agent,
87nor the owner of such system shall be required to pay any taxes
88or assessments upon or in respect to the system or any property
89acquired or used by the authority, its agent, or such owner
90under the provisions of this act or upon the income therefrom,
91any security, and all notes, mortgages, security agreements,
92letters of credit, or other instruments that arise out of or are
93given to secure the repayment of bonds or other security, issued
94by the authority, or on behalf of the authority therefor, their
95transfer, and the income therefrom, including any profit made on
96the sale thereof, shall at all times be free from taxation of
97every kind by the state, the counties, and the municipalities
98and other political subdivisions in the state. This subsection,
99however, does not exempt from taxation or assessment the
100leasehold interest of a lessee in any project or any other
101property or interest owned by the lessee. The exemption granted
102by this subsection is not applicable to any tax imposed by
103chapter 220 on interest income or profits on the sale of debt
104obligations owned by corporations.
105     (5)  When property of the authority is leased to another
106person or entity, the property shall be exempt from ad valorem
107taxation only if the use by the lessee qualifies the property
108for exemption under s. 196.199.
109     (6)  A leasehold interest held by the authority is not
110subject to intangible tax. However, if a leasehold interest held
111by the authority is subleased to a nongovernmental lessee, such
112subleasehold interest shall be deemed to be an interest
113described in s. 199.023(1)(d), and is subject to the intangible
114tax.
115     (7)(a)  In order to be considered an agent of the authority
116for purposes of the exemption from sales and use tax granted by
117subsection (3) for tangible personal property incorporated into
118the high-speed rail system, a contractor of the authority that
119purchases or fabricates such tangible personal property must be
120certified by the authority as provided in this subsection.
121     (b)1.  A contractor must apply for a renewal of the
122exemption not later than December 1 of each calendar year.
123     2.  A contractor must apply to the authority on the
124application form adopted by the authority, which shall develop
125the form in consultation with the Department of Revenue.
126     3.  The authority shall review each submitted application
127and determine whether it is complete. The authority shall notify
128the applicant of any deficiencies in the application within 30
129days. Upon receipt of a completed application, the authority
130shall evaluate the application for exemption under this
131subsection and issue a certification that the contractor is
132qualified to act as an agent of the authority for purposes of
133this section or a denial of such certification within 30 days.
134The authority shall provide the Department of Revenue with a
135copy of each certification issued upon approval of an
136application. Upon receipt of a certification from the authority,
137the Department of Revenue shall issue an exemption permit to the
138contractor.
139     (c)1.  The contractor may extend a copy of its exemption
140permit to its vendors in lieu of paying sales tax on purchases
141of tangible personal property qualifying for exemption under
142this section. Possession of a copy of the exemption permit
143relieves the seller of the responsibility of collecting tax on
144the sale, and the Department of Revenue shall look solely to the
145contractor for recovery of tax upon a determination that the
146contractor was not entitled to the exemption.
147     2.  The contractor may extend a copy of its exemption
148permit to real property subcontractors supplying and installing
149tangible personal property that is exempt under subsection (3).
150Any such subcontractor is authorized to extend a copy of the
151permit to the subcontractor's vendors in order to purchase
152qualifying tangible personal property tax-exempt. If the
153subcontractor uses the exemption permit to purchase tangible
154personal property that is determined not to qualify for
155exemption under subsection (3), the Department of Revenue may
156assess and collect any tax, penalties, and interest that are due
157from either the contractor holding the exemption permit or the
158subcontractor that extended the exemption permit to the seller.
159     (d)  Any contractor authorized to act as an agent of the
160authority under this section shall maintain the necessary books
161and records to document the exempt status of purchases and
162fabrication costs made or incurred under the permit. In
163addition, an authorized contractor extending its exemption
164permit to its subcontractors shall maintain a copy of the
165subcontractor's books, records, and invoices indicating all
166purchases made by the subcontractor under the authorized
167contractor's permit. If, in an audit conducted by the Department
168of Revenue, it is determined that tangible personal property
169purchased or fabricated claiming exemption under this section
170does not meet the criteria for exemption, the amount of taxes
171not paid at the time of purchase or fabrication shall be
172immediately due and payable to the Department of Revenue,
173together with the appropriate interest and penalty, computed
174from the date of purchase, in the manner prescribed by chapter
175212.
176     (e)  If a contractor fails to apply for a high-speed rail
177system exemption permit, or if a contractor initially determined
178by the authority to not qualify for exemption is subsequently
179determined to be eligible, the contractor shall receive the
180benefit of the exemption in this subsection through a refund of
181previously paid taxes for transactions that otherwise would have
182been exempt. A refund may not be made for such taxes without the
183issuance of a certification by the authority that the contractor
184was authorized to make purchases tax-exempt and a determination
185by the Department of Revenue that the purchases qualified for
186the exemption.
187     (f)  The authority may adopt rules governing the
188application process for exemption of a contractor as an
189authorized agent of the authority.
190     (g)  The Department of Revenue may adopt rules governing
191the issuance and form of high-speed rail system exemption
192permits, the audit of contractors and subcontractors using such
193permits, the recapture of taxes on nonqualified purchases, and
194the manner and form of refund applications.
195     Section 3.  This act shall take effect January 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.