Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2588
                        Barcode 824824
                            CHAMBER ACTION
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       04/19/2006 04:30 PM         .                    
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11  The Committee on Health Care (Jones) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (r) is added to subsection (5) of
19  section 212.08, Florida Statutes, to read:
20         212.08  Sales, rental, use, consumption, distribution,
21  and storage tax; specified exemptions.--The sale at retail,
22  the rental, the use, the consumption, the distribution, and
23  the storage to be used or consumed in this state of the
24  following are hereby specifically exempt from the tax imposed
25  by this chapter.
26         (5)  EXEMPTIONS; ACCOUNT OF USE.--
27         (r)  Medical equipment and supplies used in an
28  enterprise zone.--
29         1.  Medical equipment and supplies purchased for use by
30  health care facilities that serve uninsured patients located
31  in an enterprise zone which are subsequently used in an
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    10:42 AM   04/18/06                            s2588d-he13-trt

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2588 Barcode 824824 1 enterprise zone are exempt. This exemption inures to the 2 health care facility only through a refund of previously paid 3 taxes. A refund shall be authorized upon an affirmative 4 showing by the taxpayer to the satisfaction of the department 5 that the requirements of this paragraph have been met. 6 2. To receive a refund, the health care facility must 7 file under oath with the governing body or enterprise zone 8 development agency having jurisdiction over the enterprise 9 zone in which the health care facility is located, as 10 applicable, an application that includes: 11 a. The name and address of the health care facility 12 claiming the refund. 13 b. The identifying number assigned pursuant to s. 14 290.0065 to the enterprise zone in which the health care 15 facility is located. 16 c. A specific description of the medical equipment for 17 which a refund is sought, including the serial numbers or 18 other permanent identification numbers of the equipment. 19 d. A specific description of the medical supplies for 20 which a refund is sought, including the serial or lot numbers 21 or other numbers identifying the purchased supplies. 22 e. The sales invoice or other proof of purchase of the 23 medical equipment or supplies, showing the amount of sales tax 24 paid, the date of purchase, and the name and address of the 25 sales tax dealer from whom the medical equipment or supplies 26 were purchased. 27 f. An affidavit declaring that at least 10 percent of 28 the cost incurred for care by the health care facility in the 29 previous taxable year was for uncompensated care and that the 30 health care facility did not receive supplemental Medicaid, 31 disproportionate share hospital, or low-income pool funding 2 10:42 AM 04/18/06 s2588d-he13-trt
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2588 Barcode 824824 1 pursuant to chapter 409. 2 g. A statement defining the taxpayer's taxable year. 3 3. Within 10 working days after receipt of an 4 application, the governing body or enterprise zone development 5 agency shall review the application to determine if the 6 application contains all the information required pursuant to 7 subparagraph 2. and meets the criteria set out in this 8 paragraph. The governing body or agency shall certify all 9 applications that contain the information required pursuant to 10 subparagraph 2. and that meet the criteria set out in this 11 paragraph as eligible to receive a refund. The certification 12 shall be in writing and a copy of the certification shall be 13 transmitted to the executive director of the Department of 14 Revenue. The health care facility shall be responsible for 15 forwarding a certified application to the department within 16 the time specified in subparagraph 4. 17 4. An application for a refund pursuant to this 18 paragraph must be submitted to the department within 6 months 19 after the close of the taxable year during which the eligible 20 medical equipment or supplies were purchased. 21 5. The provisions of s. 212.095 do not apply to any 22 refund application made pursuant to this paragraph. This 23 exemption shall apply to the first $500,000 of taxable medical 24 equipment or supplies purchased by a health care facility and 25 used in the facility in any taxable year. A refund may not be 26 granted under this paragraph unless the amount to be refunded 27 exceeds $100 in sales tax paid on purchases made within a 28 60-day time period. A refund may not be granted under this 29 paragraph for medical equipment or supplies eligible for 30 exemption pursuant to subsection (2) or eligible for a refund 31 pursuant to paragraph (h). 3 10:42 AM 04/18/06 s2588d-he13-trt
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2588 Barcode 824824 1 6. The department shall adopt rules governing the 2 manner and form of refund applications and may establish 3 guidelines as to the requisites for an affirmative showing of 4 qualification for exemption under this paragraph. 5 7. If the department determines that the medical 6 equipment or supplies are used outside an enterprise zone 7 within 3 years from the date of purchase, the amount of taxes 8 refunded to the health care facility purchasing such medical 9 equipment or supplies shall immediately be due and payable to 10 the department by the health care facility, together with the 11 appropriate interest and penalty, computed from the date of 12 purchase, in the manner provided by this chapter. 13 Notwithstanding this subparagraph, a health care facility may 14 dispose of disposable supplies according to law. 15 8. The department shall deduct an amount equal to 10 16 percent of each refund granted under this paragraph from the 17 amount to be transferred into the Local Government Half-cent 18 Sales Tax Clearing Trust Fund pursuant to s. 212.20 for the 19 county area in which the medical equipment or supplies are 20 located and shall deposit that amount into the General Revenue 21 Fund. 22 9. For purposes of this exemption, the term: 23 a. "Medical equipment" means durable medical equipment 24 that can be used repeatedly and that serves a medical purpose 25 in the diagnosis, treatment, or care of an individual. 26 b. "Medical supplies" means items that are consumable, 27 expendable, disposable or nondurable, and that serve a medical 28 purpose in the diagnosis, treatment, or care of an individual. 29 c. "Health care facility" means a facility licensed 30 pursuant to chapter 395 or a county health department, a 31 children's medical services program, a federally qualified 4 10:42 AM 04/18/06 s2588d-he13-trt
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2588 Barcode 824824 1 health center, a federally funded migrant health center, a 2 rural clinic, or any other publicly funded community health 3 program and any other program designated by the Department of 4 Health as a community health center that provides primary care 5 services to the uninsured. 6 10. This paragraph expires on the date specified in s. 7 290.016 for the expiration of the Florida Enterprise Zone Act. 8 Section 2. Subsection (2) and paragraph (a) of 9 subsection (9) of section 290.0056, Florida Statutes, are 10 amended to read: 11 290.0056 Enterprise zone development agency.-- 12 (2) When the governing body creates an enterprise zone 13 development agency, that body shall appoint a board of 14 commissioners of the agency, which shall consist of not fewer 15 than 8 or more than 13 commissioners. The governing body may 16 appoint at least one representative from each of the 17 following: the local chamber of commerce; local financial or 18 insurance entities; local businesses and, where possible, 19 businesses operating within the nominated area; the residents 20 residing within the nominated area; nonprofit community-based 21 organizations operating within the nominated area; health care 22 facilities operating within the nominated area; the regional 23 workforce board; the local code enforcement agency; and the 24 local law enforcement agency. One of the commissioners on the 25 board may be employed in the health care field, provided such 26 requirement applies only when a position on the board becomes 27 vacant after July 1, 2007, and appointment of a new 28 commissioner is required to fill the vacancy or an additional 29 member is to be appointed after July 1, 2007. The terms of 30 office of the commissioners shall be for 4 years, except that, 31 in making the initial appointments, the governing body shall 5 10:42 AM 04/18/06 s2588d-he13-trt
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2588 Barcode 824824 1 appoint two members for terms of 3 years, two members for 2 terms of 2 years, and one member for a term of 1 year; the 3 remaining initial members shall serve for terms of 4 years. A 4 vacancy occurring during a term shall be filled for the 5 unexpired term. The importance of including individuals from 6 the nominated area shall be considered in making appointments. 7 Further, the importance of minority representation on the 8 agency shall be considered in making appointments so that the 9 agency generally reflects the gender and ethnic composition of 10 the community as a whole. 11 (9) The following powers and responsibilities shall be 12 performed by the governing body creating the enterprise zone 13 development agency acting as the managing agent of the 14 enterprise zone development agency, or, contingent upon 15 approval by such governing body, such powers and 16 responsibilities shall be performed by the enterprise zone 17 development agency: 18 (a) To review, process, and certify applications for 19 state enterprise zone tax incentives pursuant to ss. 20 212.08(5)(g), (h), (r), and (15); 212.096; 220.181; and 21 220.182. 22 Section 3. This act shall take effect January 1, 2007. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to enterprise zone incentives 6 10:42 AM 04/18/06 s2588d-he13-trt
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2588 Barcode 824824 1 to serve the uninsured; amending s. 212.08, 2 F.S.; providing for an exemption by refund from 3 the tax on sales, use, and other transactions 4 of certain medical equipment or supplies 5 purchased and used by certain health care 6 facilities located in enterprise zones; 7 providing a limitation; providing application 8 requirements; providing procedures and 9 limitations for the refund; providing duties of 10 a local governing body or enterprise zone 11 development agency; providing duties of the 12 Department of Revenue; requiring the department 13 to adopt rules; providing for return of the 14 refund under certain circumstances; requiring 15 the department to deduct a portion of refunds 16 from amounts to be transferred into a certain 17 trust fund and deposit such amount into the 18 General Revenue Fund; providing definitions; 19 providing for expiration under certain 20 circumstances; amending s. 290.0056, F.S.; 21 expanding the list of entities from which 22 appointments may be made to an enterprise zone 23 development agency's board of commissioners; 24 providing an additional requirement for the 25 membership of an enterprise zone development 26 agency board of commissioners under certain 27 circumstances; providing a limitation; 28 providing an effective date. 29 30 31 7 10:42 AM 04/18/06 s2588d-he13-trt