1 | A bill to be entitled |
2 | An act relating to the tax on sales, use, and other |
3 | transactions; amending s. 212.031, F.S.; continuing in |
4 | effect an exemption from the tax on rental or license fees |
5 | which is provided for certain property rented, leased, or |
6 | licensed by a convention or exhibition hall, auditorium, |
7 | stadium, theater, arena, civic center, performing arts |
8 | center, or publicly owned recreational facility; |
9 | abrogating the repeal of and reviving and readopting s. |
10 | 212.031(10), F.S., relating to an exemption provided for |
11 | certain charges imposed by a convention or exhibition |
12 | hall, auditorium, stadium, theater, arena, civic center, |
13 | performing arts center, or publicly owned recreational |
14 | facility upon a lessee or licensee; amending s. 212.04, |
15 | F.S., relating to the tax on admissions; continuing in |
16 | effect a provision that excludes certain service charges |
17 | from the sale price or actual value of an admission; |
18 | continuing in effect an exemption from the tax which is |
19 | provided for admission charges to an event sponsored by a |
20 | governmental entity, sports authority, or sports |
21 | commission; continuing in effect provisions governing the |
22 | remitting of certain admission taxes to the Department of |
23 | Revenue; providing effective dates. |
24 |
|
25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
|
27 | Section 1. Effective July 1, 2006, paragraph (a) of |
28 | subsection (1) of section 212.031, Florida Statutes, as amended |
29 | by section 3 of chapter 2000-345, as amended by section 55 of |
30 | chapter 2002-218, and as amended by section 2 of chapter 2000- |
31 | 182, section 1 of chapter 2000-183, section 53 of chapter 2000- |
32 | 260, and section 27 of chapter 2001-140, Laws of Florida, and |
33 | subsection (3) of said section, as amended by section 3 of |
34 | chapter 2000-345, as amended by section 55 of chapter 2002-218, |
35 | Laws of Florida, are amended to read: |
36 | 212.031 Tax on rental or license fee for use of real |
37 | property.-- |
38 | (1)(a) It is declared to be the legislative intent that |
39 | every person is exercising a taxable privilege who engages in |
40 | the business of renting, leasing, letting, or granting a license |
41 | for the use of any real property unless such property is: |
42 | 1. Assessed as agricultural property under s. 193.461. |
43 | 2. Used exclusively as dwelling units. |
44 | 3. Property subject to tax on parking, docking, or storage |
45 | spaces under s. 212.03(6). |
46 | 4. Recreational property or the common elements of a |
47 | condominium when subject to a lease between the developer or |
48 | owner thereof and the condominium association in its own right |
49 | or as agent for the owners of individual condominium units or |
50 | the owners of individual condominium units. However, only the |
51 | lease payments on such property shall be exempt from the tax |
52 | imposed by this chapter, and any other use made by the owner or |
53 | the condominium association shall be fully taxable under this |
54 | chapter. |
55 | 5. A public or private street or right-of-way and poles, |
56 | conduits, fixtures, and similar improvements located on such |
57 | streets or rights-of-way, occupied or used by a utility or |
58 | provider of communications services, as defined by s. 202.11, |
59 | for utility or communications or television purposes. For |
60 | purposes of this subparagraph, the term "utility" means any |
61 | person providing utility services as defined in s. 203.012. This |
62 | exception also applies to property, wherever located, on which |
63 | the following are placed: towers, antennas, cables, accessory |
64 | structures, or equipment, not including switching equipment, |
65 | used in the provision of mobile communications services as |
66 | defined in s. 202.11. For purposes of this chapter, towers used |
67 | in the provision of mobile communications services, as defined |
68 | in s. 202.11, are considered to be fixtures. |
69 | 6. A public street or road which is used for |
70 | transportation purposes. |
71 | 7. Property used at an airport exclusively for the purpose |
72 | of aircraft landing or aircraft taxiing or property used by an |
73 | airline for the purpose of loading or unloading passengers or |
74 | property onto or from aircraft or for fueling aircraft. |
75 | 8.a. Property used at a port authority, as defined in s. |
76 | 315.02(2), exclusively for the purpose of oceangoing vessels or |
77 | tugs docking, or such vessels mooring on property used by a port |
78 | authority for the purpose of loading or unloading passengers or |
79 | cargo onto or from such a vessel, or property used at a port |
80 | authority for fueling such vessels, or to the extent that the |
81 | amount paid for the use of any property at the port is based on |
82 | the charge for the amount of tonnage actually imported or |
83 | exported through the port by a tenant. |
84 | b. The amount charged for the use of any property at the |
85 | port in excess of the amount charged for tonnage actually |
86 | imported or exported shall remain subject to tax except as |
87 | provided in sub-subparagraph a. |
88 | 9. Property used as an integral part of the performance of |
89 | qualified production services. As used in this subparagraph, |
90 | the term "qualified production services" means any activity or |
91 | service performed directly in connection with the production of |
92 | a qualified motion picture, as defined in s. 212.06(1)(b), and |
93 | includes: |
94 | a. Photography, sound and recording, casting, location |
95 | managing and scouting, shooting, creation of special and optical |
96 | effects, animation, adaptation (language, media, electronic, or |
97 | otherwise), technological modifications, computer graphics, set |
98 | and stage support (such as electricians, lighting designers and |
99 | operators, greensmen, prop managers and assistants, and grips), |
100 | wardrobe (design, preparation, and management), hair and makeup |
101 | (design, production, and application), performing (such as |
102 | acting, dancing, and playing), designing and executing stunts, |
103 | coaching, consulting, writing, scoring, composing, |
104 | choreographing, script supervising, directing, producing, |
105 | transmitting dailies, dubbing, mixing, editing, cutting, |
106 | looping, printing, processing, duplicating, storing, and |
107 | distributing; |
108 | b. The design, planning, engineering, construction, |
109 | alteration, repair, and maintenance of real or personal property |
110 | including stages, sets, props, models, paintings, and facilities |
111 | principally required for the performance of those services |
112 | listed in sub-subparagraph a.; and |
113 | c. Property management services directly related to |
114 | property used in connection with the services described in sub- |
115 | subparagraphs a. and b. |
116 |
|
117 | This exemption will inure to the taxpayer upon presentation of |
118 | the certificate of exemption issued to the taxpayer under the |
119 | provisions of s. 288.1258. |
120 | 10. Leased, subleased, licensed, or rented to a person |
121 | providing food and drink concessionaire services within the |
122 | premises of a convention hall, exhibition hall, auditorium, |
123 | stadium, theater, arena, civic center, performing arts center, |
124 | publicly owned recreational facility, or any business operated |
125 | under a permit issued pursuant to chapter 550. A person |
126 | providing retail concessionaire services involving the sale of |
127 | food and drink or other tangible personal property within the |
128 | premises of an airport shall be subject to tax on the rental of |
129 | real property used for that purpose, but shall not be subject to |
130 | the tax on any license to use the property. For purposes of |
131 | this subparagraph, the term "sale" shall not include the leasing |
132 | of tangible personal property. |
133 | 11. Property occupied pursuant to an instrument calling |
134 | for payments which the department has declared, in a Technical |
135 | Assistance Advisement issued on or before March 15, 1993, to be |
136 | nontaxable pursuant to rule 12A-1.070(19)(c), Florida |
137 | Administrative Code; provided that this subparagraph shall only |
138 | apply to property occupied by the same person before and after |
139 | the execution of the subject instrument and only to those |
140 | payments made pursuant to such instrument, exclusive of renewals |
141 | and extensions thereof occurring after March 15, 1993. |
142 | 12. Rented, leased, subleased, or licensed to a |
143 | concessionaire by a convention hall, exhibition hall, |
144 | auditorium, stadium, theater, arena, civic center, performing |
145 | arts center, or publicly owned recreational facility, during an |
146 | event at the facility, to be used by the concessionaire to sell |
147 | souvenirs, novelties, or other event-related products. This |
148 | subparagraph applies only to that portion of the rental, lease, |
149 | or license payment which is based on a percentage of sales and |
150 | not based on a fixed price. |
151 | 13.12. Property used or occupied predominantly for space |
152 | flight business purposes. As used in this subparagraph, "space |
153 | flight business" means the manufacturing, processing, or |
154 | assembly of a space facility, space propulsion system, space |
155 | vehicle, satellite, or station of any kind possessing the |
156 | capacity for space flight, as defined by s. 212.02(23), or |
157 | components thereof, and also means the following activities |
158 | supporting space flight: vehicle launch activities, flight |
159 | operations, ground control or ground support, and all |
160 | administrative activities directly related thereto. Property |
161 | shall be deemed to be used or occupied predominantly for space |
162 | flight business purposes if more than 50 percent of the |
163 | property, or improvements thereon, is used for one or more space |
164 | flight business purposes. Possession by a landlord, lessor, or |
165 | licensor of a signed written statement from the tenant, lessee, |
166 | or licensee claiming the exemption shall relieve the landlord, |
167 | lessor, or licensor from the responsibility of collecting the |
168 | tax, and the department shall look solely to the tenant, lessee, |
169 | or licensee for recovery of such tax if it determines that the |
170 | exemption was not applicable. |
171 | (3) The tax imposed by this section shall be in addition |
172 | to the total amount of the rental or license fee, shall be |
173 | charged by the lessor or person receiving the rent or payment in |
174 | and by a rental or license fee arrangement with the lessee or |
175 | person paying the rental or license fee, and shall be due and |
176 | payable at the time of the receipt of such rental or license fee |
177 | payment by the lessor or other person who receives the rental or |
178 | payment. Notwithstanding any other provision of this chapter, |
179 | the tax imposed by this section on the rental, lease, or license |
180 | for the use of a convention hall, exhibition hall, auditorium, |
181 | stadium, theater, arena, civic center, performing arts center, |
182 | or publicly owned recreational facility to hold an event of not |
183 | more than 7 consecutive days' duration shall be collected at the |
184 | time of the payment for that rental, lease, or license but is |
185 | not due and payable to the department until the first day of the |
186 | month following the last day that the event for which the |
187 | payment is made is actually held, and becomes delinquent on the |
188 | 21st day of that month. The owner, lessor, or person receiving |
189 | the rent or license fee shall remit the tax to the department at |
190 | the times and in the manner hereinafter provided for dealers to |
191 | remit taxes under this chapter. The same duties imposed by this |
192 | chapter upon dealers in tangible personal property respecting |
193 | the collection and remission of the tax; the making of returns; |
194 | the keeping of books, records, and accounts; and the compliance |
195 | with the rules and regulations of the department in the |
196 | administration of this chapter shall apply to and be binding |
197 | upon all persons who manage any leases or operate real property, |
198 | hotels, apartment houses, roominghouses, or tourist and trailer |
199 | camps and all persons who collect or receive rents or license |
200 | fees taxable under this chapter on behalf of owners or lessors. |
201 | Section 2. Notwithstanding the provisions of section 3 of |
202 | chapter 2000-345, Laws of Florida, as amended by section 55 of |
203 | chapter 2002-218, Laws of Florida, subsection (10) of section |
204 | 212.031, Florida Statutes, shall not stand repealed on July 1, |
205 | 2006, as scheduled by such laws, but that subsection is revived |
206 | and readopted. |
207 | Section 3. Effective July 1, 2006, paragraph (b) of |
208 | subsection (1) and subsection (3) of section 212.04, Florida |
209 | Statutes, as amended by section 4 of chapter 2000-345, as |
210 | amended by section 55 of chapter 2002-218, Laws of Florida, and |
211 | paragraph (a) of subsection (2) of said section, as amended by |
212 | section 4 of chapter 2000-345, as amended by section 55 of |
213 | chapter 2002-218, as amended by section 916 of chapter 2002-387, |
214 | and as amended by section 24 of chapter 2000-158, and section 11 |
215 | of chapter 2000-210, Laws of Florida, are amended to read: |
216 | 212.04 Admissions tax; rate, procedure, enforcement.-- |
217 | (1) |
218 | (b) For the exercise of such privilege, a tax is levied at |
219 | the rate of 6 percent of sales price, or the actual value |
220 | received from such admissions, which 6 percent shall be added to |
221 | and collected with all such admissions from the purchaser |
222 | thereof, and such tax shall be paid for the exercise of the |
223 | privilege as defined in the preceding paragraph. Each ticket |
224 | must show on its face the actual sales price of the admission, |
225 | or each dealer selling the admission must prominently display at |
226 | the box office or other place where the admission charge is made |
227 | a notice disclosing the price of the admission, and the tax |
228 | shall be computed and collected on the basis of the actual price |
229 | of the admission charged by the dealer. The sale price or |
230 | actual value of admission shall, for the purpose of this |
231 | chapter, be that price remaining after deduction of federal |
232 | taxes and state or locally imposed or authorized seat |
233 | surcharges, taxes, or fees, if any, imposed upon such admission. |
234 | The sale price or actual value does not include separately |
235 | stated ticket service charges that are imposed by a facility |
236 | ticket office or a ticketing service and added to a separately |
237 | stated, established ticket price., and The rate of tax on each |
238 | admission shall be according to the brackets established by s. |
239 | 212.12(9). |
240 | (2)(a)1. No tax shall be levied on admissions to athletic |
241 | or other events sponsored by elementary schools, junior high |
242 | schools, middle schools, high schools, community colleges, |
243 | public or private colleges and universities, deaf and blind |
244 | schools, facilities of the youth services programs of the |
245 | Department of Children and Family Services, and state |
246 | correctional institutions when only student, faculty, or inmate |
247 | talent is used. However, this exemption shall not apply to |
248 | admission to athletic events sponsored by a state university, |
249 | and the proceeds of the tax collected on such admissions shall |
250 | be retained and used by each institution to support women's |
251 | athletics as provided in s. 1006.71(2)(c). |
252 | 2.a. No tax shall be levied on dues, membership fees, and |
253 | admission charges imposed by not-for-profit sponsoring |
254 | organizations. To receive this exemption, the sponsoring |
255 | organization must qualify as a not-for-profit entity under the |
256 | provisions of s. 501(c)(3) of the Internal Revenue Code of 1954, |
257 | as amended. |
258 | b. No tax shall be levied on admission charges to an event |
259 | sponsored by a governmental entity, sports authority, or sports |
260 | commission when held in a convention hall, exhibition hall, |
261 | auditorium, stadium, theater, arena, civic center, performing |
262 | arts center, or publicly owned recreational facility and when |
263 | 100 percent of the risk of success or failure lies with the |
264 | sponsor of the event and 100 percent of the funds at risk for |
265 | the event belong to the sponsor, and student or faculty talent |
266 | is not exclusively used. As used in this sub-subparagraph, the |
267 | terms "sports authority" and "sports commission" mean a |
268 | nonprofit organization that is exempt from federal income tax |
269 | under s. 501(c)(3) of the Internal Revenue Code and that |
270 | contracts with a county or municipal government for the purpose |
271 | of promoting and attracting sports-tourism events to the |
272 | community with which it contracts. |
273 | 3. No tax shall be levied on an admission paid by a |
274 | student, or on the student's behalf, to any required place of |
275 | sport or recreation if the student's participation in the sport |
276 | or recreational activity is required as a part of a program or |
277 | activity sponsored by, and under the jurisdiction of, the |
278 | student's educational institution, provided his or her |
279 | attendance is as a participant and not as a spectator. |
280 | 4. No tax shall be levied on admissions to the National |
281 | Football League championship game, on admissions to any |
282 | semifinal game or championship game of a national collegiate |
283 | tournament, or on admissions to a Major League Baseball all-star |
284 | game. |
285 | 5. A participation fee or sponsorship fee imposed by a |
286 | governmental entity as described in s. 212.08(6) for an athletic |
287 | or recreational program is exempt when the governmental entity |
288 | by itself, or in conjunction with an organization exempt under |
289 | s. 501(c)(3) of the Internal Revenue Code of 1954, as amended, |
290 | sponsors, administers, plans, supervises, directs, and controls |
291 | the athletic or recreational program. |
292 | 6. Also exempt from the tax imposed by this section to the |
293 | extent provided in this subparagraph are admissions to live |
294 | theater, live opera, or live ballet productions in this state |
295 | which are sponsored by an organization that has received a |
296 | determination from the Internal Revenue Service that the |
297 | organization is exempt from federal income tax under s. |
298 | 501(c)(3) of the Internal Revenue Code of 1954, as amended, if |
299 | the organization actively participates in planning and |
300 | conducting the event, is responsible for the safety and success |
301 | of the event, is organized for the purpose of sponsoring live |
302 | theater, live opera, or live ballet productions in this state, |
303 | has more than 10,000 subscribing members and has among the |
304 | stated purposes in its charter the promotion of arts education |
305 | in the communities which it serves, and will receive at least 20 |
306 | percent of the net profits, if any, of the events which the |
307 | organization sponsors and will bear the risk of at least 20 |
308 | percent of the losses, if any, from the events which it sponsors |
309 | if the organization employs other persons as agents to provide |
310 | services in connection with a sponsored event. Prior to March 1 |
311 | of each year, such organization may apply to the department for |
312 | a certificate of exemption for admissions to such events |
313 | sponsored in this state by the organization during the |
314 | immediately following state fiscal year. The application shall |
315 | state the total dollar amount of admissions receipts collected |
316 | by the organization or its agents from such events in this state |
317 | sponsored by the organization or its agents in the year |
318 | immediately preceding the year in which the organization applies |
319 | for the exemption. Such organization shall receive the exemption |
320 | only to the extent of $1.5 million multiplied by the ratio that |
321 | such receipts bear to the total of such receipts of all |
322 | organizations applying for the exemption in such year; however, |
323 | in no event shall such exemption granted to any organization |
324 | exceed 6 percent of such admissions receipts collected by the |
325 | organization or its agents in the year immediately preceding the |
326 | year in which the organization applies for the exemption. Each |
327 | organization receiving the exemption shall report each month to |
328 | the department the total admissions receipts collected from such |
329 | events sponsored by the organization during the preceding month |
330 | and shall remit to the department an amount equal to 6 percent |
331 | of such receipts reduced by any amount remaining under the |
332 | exemption. Tickets for such events sold by such organizations |
333 | shall not reflect the tax otherwise imposed under this section. |
334 | 7. Also exempt from the tax imposed by this section are |
335 | entry fees for participation in freshwater fishing tournaments. |
336 | 8. Also exempt from the tax imposed by this section are |
337 | participation or entry fees charged to participants in a game, |
338 | race, or other sport or recreational event if spectators are |
339 | charged a taxable admission to such event. |
340 | 9. No tax shall be levied on admissions to any postseason |
341 | collegiate football game sanctioned by the National Collegiate |
342 | Athletic Association. |
343 | (3) Such taxes shall be paid and remitted at the same time |
344 | and in the same manner as provided for remitting taxes on sales |
345 | of tangible personal property, as hereinafter provided. |
346 | Notwithstanding any other provision of this chapter, the tax on |
347 | admission to an event at a convention hall, exhibition hall, |
348 | auditorium, stadium, theater, arena, civic center, performing |
349 | arts center, or publicly owned recreational facility shall be |
350 | collected at the time of payment for the admission but is not |
351 | due to the department until the first day of the month following |
352 | the actual date of the event for which the admission is sold and |
353 | becomes delinquent on the 21st day of that month. |
354 | Section 4. Except as otherwise provided by this act, this |
355 | act shall take effect July 1, 2005. |