1 | A bill to be entitled |
2 | An act relating to the Joint Legislative Sales and Use Tax |
3 | Exemption Review Committee; creating s. 11.95, F.S.; |
4 | creating the Joint Legislative Sales and Use Tax Exemption |
5 | Review Committee for the purpose of reviewing exemptions |
6 | from the general state sales and use tax; providing for |
7 | appointments to and organization of the committee; |
8 | specifying duties and procedures with respect to such |
9 | review; providing for open meetings; providing for |
10 | reports; requiring continuing periodic review of sales and |
11 | use tax exemptions; providing a period of exemption from |
12 | review for newly enacted exemptions; providing |
13 | applicability to other legislation proposing to modify, |
14 | repeal, or enact an exemption; providing an effective |
15 | date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Section 11.95, Florida Statutes, is created to |
20 | read: |
21 | 11.95 Joint Legislative Sales and Use Tax Exemption Review |
22 | Committee.-- |
23 | (1) The Joint Legislative Sales and Use Tax Exemption |
24 | Review Committee is created to conduct comprehensive, periodic |
25 | reviews of all exemptions from the general state sales and use |
26 | tax. The committee shall consist of nine senators appointed by |
27 | the President of the Senate and nine representatives appointed |
28 | by the Speaker of the House of Representatives. The terms of the |
29 | members of the initial committee for each review cycle shall |
30 | commence upon appointment and shall run to the general election |
31 | preceding the organization of the next Legislature. The terms of |
32 | the members of subsequent committees for each review cycle shall |
33 | be for 2 years and shall run from the organization of one |
34 | Legislature to the general election preceding the organization |
35 | of the next Legislature. A vacancy shall be filled in the same |
36 | manner as the original appointment. During even-numbered years, |
37 | the chair of the committee shall be appointed by the President |
38 | of the Senate, and the vice chair of the committee shall be |
39 | appointed by the Speaker of the House of Representatives. During |
40 | odd-numbered years, the chair of the committee shall be |
41 | appointed by the Speaker of the House of Representatives, and |
42 | the vice chair of the committee shall be appointed by the |
43 | President of the Senate. |
44 | (2) The committee for each review cycle shall have its |
45 | initial meeting no later than December 1 of the year of its |
46 | first regular session and thereafter as necessary at the call of |
47 | the chair at the time and place designated by the chair. A |
48 | quorum shall consist of a majority of the committee members from |
49 | each house. During the interim between regular sessions, the |
50 | committee may conduct its meetings through teleconferences or |
51 | other similar means. All meetings of the committee shall be open |
52 | and noticed to the public and subject to order and decorum in |
53 | accordance with s. 4(e), Art. III of the State Constitution. |
54 | (3) The committee shall be governed by joint rules adopted |
55 | by the Legislature pursuant to authority to adopt rules under s. |
56 | 4, Art. III of the State Constitution. |
57 | (4) For purposes of this section, the term: |
58 | (a) "General state sales and use tax" means the sales and |
59 | use tax imposed under chapter 212. |
60 | (b) "Exemption" means a provision in chapter 212 that |
61 | relieves from taxation a sale, use, or other transaction that |
62 | would, but for such provision, be subject to tax under chapter |
63 | 212. A transaction that is beyond the reach of chapter 212 by |
64 | reason of definitional or other exclusions shall not be deemed |
65 | the subject of an exemption for purposes of this section. |
66 | Included among the transactions excluded from taxation under |
67 | chapter 212 and therefore not the subject of an exemption to be |
68 | reviewed by the committee under this section are the following: |
69 | 1. Sales that are not retail sales pursuant to s. |
70 | 212.02(14). |
71 | 2. Export sales under s. 212.06(5)(a). |
72 | 3. Sales for resale under s. 212.07. |
73 | 4. Occasional and isolated sales. |
74 | 5. The sale or use of intangible property. |
75 | 6. The sale of real property. |
76 | 7. The sale or use of services, excepting only those |
77 | services enumerated as taxable in chapter 212. |
78 | (c) "Single exemption" means an exemption that describes a |
79 | single transaction or an exemption set forth in a section, |
80 | subsection, or paragraph of chapter 212, whichever describes the |
81 | fewest number of transactions. |
82 | (5) The committee shall have the power and duty to conduct |
83 | a comprehensive review of all current exemptions from the |
84 | general state sales and use tax. The committee shall establish |
85 | criteria by which each exemption shall be evaluated. In |
86 | developing the evaluation criteria, the committee shall consider |
87 | the following principles of taxation: |
88 | (a) Equity.--The Florida tax system should treat |
89 | individuals equitably. It should impose similar tax burdens on |
90 | people in similar circumstances and should minimize |
91 | regressivity. |
92 | (b) Compliance.--The Florida tax system should facilitate |
93 | taxpayer compliance. It should be simple and easy to understand |
94 | so as to minimize compliance costs and increase the visibility |
95 | and awareness of the taxes being paid. Enforcement and |
96 | collection of tax revenues should be done in a fair, consistent, |
97 | professional, predictable, and cost-effective manner. |
98 | (c) Pro-competitiveness.--The Florida tax system should be |
99 | responsive to interstate and international competition in order |
100 | to encourage savings and investment in plants, equipment, |
101 | people, and technology in Florida. |
102 | (d) Neutrality.--The Florida tax system should affect |
103 | competitors uniformly and not become a tool for "social |
104 | engineering." It should minimize government involvement in |
105 | investment decisions, making any such involvement explicit, and |
106 | should minimize pyramiding. |
107 | (e) Stability.--The Florida tax system should produce |
108 | revenues in a stable and reliable manner that is sufficient to |
109 | fund appropriate governmental functions and expenditures. |
110 | (f) Integration.--The Florida tax system should balance |
111 | the need for integration of federal, state, and local taxation. |
112 | (g) Public purpose.--Any sales and use tax exemption under |
113 | the Florida tax system should be based upon a determination that |
114 | the exemption promotes an important state interest, including, |
115 | but not limited to, economic development, job creation and |
116 | retention, economic diversification, and community |
117 | revitalization. |
118 | (6) In conducting its review of each exemption from the |
119 | general state sales and use tax, the committee shall make |
120 | findings of fact and recommend whether the exemption should be |
121 | retained, modified, or repealed. Each recommendation must be |
122 | made by majority vote of the committee members. If a majority |
123 | vote of the committee members cannot be achieved, the committee |
124 | must recommend that the exemption be retained. The findings of |
125 | fact and recommendations of the committee shall be made by |
126 | reports to the President of the Senate and the Speaker of the |
127 | House of Representatives. |
128 | (7) The committee may use its discretion in determining |
129 | the order in which it reviews the exemptions; however, the |
130 | committee should review approximately one-third of the |
131 | exemptions each year of a 3-year review period. No exemption |
132 | shall be reviewed more than once during any 3-year review |
133 | period. For the initial 3-year review, the committee shall |
134 | submit, to the President of the Senate and the Speaker of the |
135 | House of Representatives, its reports not later than 30 days |
136 | prior to each regular session in the years 2006, 2007, and 2008. |
137 | The committee shall begin a new 3-year review cycle of all |
138 | exemptions from the general state sales and use tax every 10 |
139 | years following the termination of the previous review cycle. |
140 | For each subsequent 3-year review, the committee shall submit |
141 | its reports not later than 30 days prior to the regular session |
142 | of each year of that review period, beginning with the 10th year |
143 | after the year of the final report for the previous review. |
144 | (8) At the regular session following submission of each |
145 | annual report to the presiding officers of the Legislature, the |
146 | ranking member of each house of the Legislature on the committee |
147 | shall sponsor and file for introduction in his or her respective |
148 | house of the Legislature bills presenting for modification or |
149 | repeal those exemptions from the general state sales and use tax |
150 | that were recommended by the committee for modification or |
151 | repeal in the report submitted immediately prior to the session |
152 | in which introduced. However, if either such member voted |
153 | against the recommendation of the committee, another member of |
154 | the committee from that house of the Legislature who voted for |
155 | the recommendation of the committee shall sponsor the bill in |
156 | that house of the Legislature. Each bill filed under this |
157 | subsection shall be exempt from any filing limits applicable in |
158 | either house of the Legislature and shall be limited to a single |
159 | exemption and for that purpose only. Upon introduction, each |
160 | bill filed under this subsection shall be placed on the calendar |
161 | of the respective house of the Legislature without reference to |
162 | any committee and must be submitted to a vote of the members of |
163 | the house of the Legislature in which introduced no later than |
164 | the eighth week of the session in which introduced, unless the |
165 | substance of the bill has already been voted on by the members |
166 | of the other house of the Legislature in another bill during |
167 | that session and defeated. In addition, each bill filed under |
168 | this subsection that receives a majority vote in the house of |
169 | the Legislature in which introduced must be submitted to a vote |
170 | of the members of the other house of the Legislature during that |
171 | session, unless the substance of the bill has already been voted |
172 | on by the members of the other house of the Legislature in |
173 | another bill during that session and defeated. |
174 | (9) In no event shall the repeal of an exemption take |
175 | effect sooner than 180 days following its passage by the |
176 | Legislature. |
177 | (10) Any new exemption from taxation under chapter 212 is |
178 | exempt from review under this section for 6 years after it takes |
179 | effect. |
180 | (11) Nothing contained in this section shall preclude, or |
181 | be construed to limit, a legislator from filing for any |
182 | legislative session a bill proposing to modify, repeal, or enact |
183 | any exemption from the general state sales and use tax or the |
184 | imposition of such taxation on the sales of any service. |
185 | Section 2. This act shall take effect upon becoming a law. |