Senate Bill sb0606

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    Florida Senate - 2006                                   SB 606

    By Senator Geller





    31-268-06

  1                      A bill to be entitled

  2         An act relating to the Joint Legislative Sales

  3         and Use Tax Exemption Review Committee;

  4         creating s. 11.95, F.S.; creating the Joint

  5         Legislative Sales and Use Tax Exemption Review

  6         Committee for the purpose of reviewing

  7         exemptions from the general state sales and use

  8         tax; providing for appointments to and

  9         organization of the committee; specifying

10         duties and procedures with respect to such

11         review; providing for open meetings; providing

12         for reports; requiring continuing periodic

13         review of sales and use tax exemptions;

14         providing a period of exemption from review for

15         newly enacted exemptions; providing

16         applicability to other legislation proposing to

17         modify, repeal, or enact an exemption;

18         providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Section 11.95, Florida Statutes, is created

23  to read:

24         11.95  Joint Legislative Sales and Use Tax Exemption

25  Review Committee.--

26         (1)  The Joint Legislative Sales and Use Tax Exemption

27  Review Committee is created to conduct comprehensive, periodic

28  reviews of all exemptions from the general state sales and use

29  tax. The committee shall consist of nine senators appointed by

30  the President of the Senate and nine representatives appointed

31  by the Speaker of the House of Representatives. The terms of

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    Florida Senate - 2006                                   SB 606
    31-268-06




 1  the members of the initial committee for each review cycle

 2  shall commence upon appointment and shall run to the general

 3  election preceding the organization of the next Legislature.

 4  The terms of the members of subsequent committees for each

 5  review cycle shall be for 2 years and shall run from the

 6  organization of one Legislature to the general election

 7  preceding the organization of the next Legislature. A vacancy

 8  shall be filled in the same manner as the original

 9  appointment. During even-numbered years, the chair of the

10  committee shall be appointed by the President of the Senate,

11  and the vice chair of the committee shall be appointed by the

12  Speaker of the House of Representatives. During odd-numbered

13  years, the chair of the committee shall be appointed by the

14  Speaker of the House of Representatives, and the vice chair of

15  the committee shall be appointed by the President of the

16  Senate.

17         (2)  The committee for each review cycle shall have its

18  initial meeting no later than December 1 of the year of its

19  first regular session and thereafter as necessary at the call

20  of the chair at the time and place designated by the chair. A

21  quorum shall consist of a majority of the committee members

22  from each house. During the interim between regular sessions,

23  the committee may conduct its meetings through teleconferences

24  or other similar means. All meetings of the committee shall be

25  open and noticed to the public and subject to order and

26  decorum in accordance with s. 4(e), Art. III of the State

27  Constitution.

28         (3)  The committee shall be governed by joint rules

29  adopted by the Legislature pursuant to authority to adopt

30  rules under s. 4, Art. III of the State Constitution.

31         (4)  For purposes of this section, the term:

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    Florida Senate - 2006                                   SB 606
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 1         (a)  "General state sales and use tax" means the sales

 2  and use tax imposed under chapter 212.

 3         (b)  "Exemption" means a provision in chapter 212 that

 4  relieves from taxation a sale, use, or other transaction that

 5  would, but for such provision, be subject to tax under chapter

 6  212. A transaction that is beyond the reach of chapter 212 by

 7  reason of definitional or other exclusions shall not be deemed

 8  the subject of an exemption for purposes of this section.

 9  Included among the transactions excluded from taxation under

10  chapter 212 and therefore not the subject of an exemption to

11  be reviewed by the committee under this section are the

12  following:

13         1.  Sales that are not retail sales pursuant to s.

14  212.02(14).

15         2.  Export sales under s. 212.06(5)(a).

16         3.  Sales for resale under s. 212.07.

17         4.  Occasional and isolated sales.

18         5.  The sale or use of intangible property.

19         6.  The sale of real property.

20         7.  The sale or use of services, excepting only those

21  services enumerated as taxable in chapter 212.

22         (c)  "Single exemption" means an exemption that

23  describes a single transaction or an exemption set forth in a

24  section, subsection, or paragraph of chapter 212, whichever

25  describes the fewest number of transactions.

26         (5)  The committee shall have the power and duty to

27  conduct a comprehensive review of all current exemptions from

28  the general state sales and use tax. The committee shall

29  establish criteria by which each exemption shall be evaluated.

30  In developing the evaluation criteria, the committee shall

31  consider the following principles of taxation:

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    Florida Senate - 2006                                   SB 606
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 1         (a)  Equity.--The Florida tax system should treat

 2  individuals equitably. It should impose similar tax burdens on

 3  people in similar circumstances and should minimize

 4  regressivity.

 5         (b)  Compliance.--The Florida tax system should

 6  facilitate taxpayer compliance. It should be simple and easy

 7  to understand so as to minimize compliance costs and increase

 8  the visibility and awareness of the taxes being paid.

 9  Enforcement and collection of tax revenues should be done in a

10  fair, consistent, professional, predictable, and

11  cost-effective manner.

12         (c)  Pro-competitiveness.--The Florida tax system

13  should be responsive to interstate and international

14  competition in order to encourage savings and investment in

15  plants, equipment, people, and technology in Florida.

16         (d)  Neutrality.--The Florida tax system should affect

17  competitors uniformly and not become a tool for "social

18  engineering." It should minimize government involvement in

19  investment decisions, making any such involvement explicit,

20  and should minimize pyramiding.

21         (e)  Stability.--The Florida tax system should produce

22  revenues in a stable and reliable manner that is sufficient to

23  fund appropriate governmental functions and expenditures.

24         (f)  Integration.--The Florida tax system should

25  balance the need for integration of federal, state, and local

26  taxation.

27         (g)  Public purpose.--Any sales and use tax exemption

28  under the Florida tax system should be based upon a

29  determination that the exemption promotes an important state

30  interest, including, but not limited to, economic development,

31  

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 1  job creation and retention, economic diversification, and

 2  community revitalization.

 3         (6)  In conducting its review of each exemption from

 4  the general state sales and use tax, the committee shall make

 5  findings of fact and recommend whether the exemption should be

 6  retained, modified, or repealed. Each recommendation must be

 7  made by majority vote of the committee members. If a majority

 8  vote of the committee members cannot be achieved, the

 9  committee must recommend that the exemption be retained. The

10  findings of fact and recommendations of the committee shall be

11  made by reports to the President of the Senate and the Speaker

12  of the House of Representatives.

13         (7)  The committee may use its discretion in

14  determining the order in which it reviews the exemptions;

15  however, the committee should review approximately one-third

16  of the exemptions each year of a 3-year review period. An

17  exemption may not be reviewed more than once during any 3-year

18  review period. For the initial 3-year review, the committee

19  shall submit its reports to the President of the Senate and

20  the Speaker of the House of Representatives not later than 30

21  days prior to each regular session in the years 2008, 2009,

22  and 2010. The committee shall begin a new 3-year review cycle

23  of all exemptions from the general state sales and use tax

24  every 10 years following the termination of the previous

25  review cycle. For each subsequent 3-year review, the committee

26  shall submit its reports not later than 30 days prior to the

27  regular session of each year of that review period, beginning

28  with the 10th year after the year of the final report for the

29  previous review.

30         (8)  At the regular session following submission of

31  each annual report to the presiding officers of the

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    Florida Senate - 2006                                   SB 606
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 1  Legislature, the ranking member of each house of the

 2  Legislature on the committee shall sponsor and file for

 3  introduction in his or her respective house of the Legislature

 4  bills presenting for modification or repeal those exemptions

 5  from the general state sales and use tax which were

 6  recommended by the committee for modification or repeal in the

 7  report submitted immediately prior to that session. However,

 8  if either such member voted against the recommendation of the

 9  committee, another member of the committee from that house of

10  the Legislature who voted for the recommendation of the

11  committee shall sponsor the bill in that house of the

12  Legislature. Each bill filed under this subsection is exempt

13  from any filing limits applicable in either house of the

14  Legislature and must be limited to a single exemption for that

15  purpose only. Upon introduction, each bill filed under this

16  subsection shall be placed on the calendar of the respective

17  house of the Legislature without reference to any committee

18  and must be submitted to a vote of the members of the house of

19  the Legislature in which it was introduced no later than the

20  eighth week of the session in which introduced, unless the

21  substance of the bill has already been voted on by the members

22  of the other house of the Legislature in another bill during

23  that session and defeated. In addition, each bill filed under

24  this subsection which receives a majority vote in the house of

25  the Legislature in which it was introduced must be submitted

26  to a vote of the members of the other house of the Legislature

27  during that session, unless the substance of the bill has

28  already been voted on by the members of the other house of the

29  Legislature in another bill during that session and defeated.

30         (9)  The repeal of an exemption may not take effect

31  sooner than 180 days following its passage by the Legislature.

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    Florida Senate - 2006                                   SB 606
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 1         (10)  Any new exemption from taxation under chapter 212

 2  is exempt from review under this section for 6 years after it

 3  takes effect.

 4         (11)  This section does not preclude or limit a

 5  legislator from filing for any legislative session a bill

 6  proposing to modify, repeal, or enact an exemption from the

 7  general state sales and use tax or to impose such tax on the

 8  sales of any service.

 9         Section 2.  This act shall take effect upon becoming a

10  law.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Creates the Joint Legislative Sales and Use Tax Exemption
      Review Committee to review exemptions from the general
15    state sales and use tax. Provides for membership and the
      organization of the committee. Provides duties and
16    procedures with respect to the review. Requires that the
      committee hold open meetings. Requires continuing
17    periodic review of the exemptions. Provides for
      applicability of the act to other legislation proposing
18    to modify, repeal, or enact an exemption. (See bill for
      details.)
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