HB 985

1
A bill to be entitled
2An act relating to the gross receipts tax; amending s.
3203.01, F.S.; specifying nonapplication of the tax to
4certain sales, transportation, or use of electricity;
5providing criteria; providing limitations; providing
6definitions; specifying availability of the exemption only
7by refund from the Department of Revenue; providing duties
8and powers of the department relating to applications and
9disbursements of refunds; providing for department rules;
10providing for expiration of the exemption; providing for
11retroactive application; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (3) of section 203.01, Florida
16Statutes, is amended to read:
17     203.01  Tax on gross receipts for utility and
18communications services.--
19     (3)  The tax imposed by subsection (1) does not apply to
20any of the following:
21     (a)1.  The sale or transportation of natural gas or
22manufactured gas to a public or private utility, including a
23municipal corporation or rural electric cooperative association,
24either for resale or for use as fuel in the generation of
25electricity; or
26     2.  The sale or delivery of electricity to a public or
27private utility, including a municipal corporation or rural
28electric cooperative association, for resale, or as part of an
29electrical interchange agreement or contract between such
30utilities for the purpose of transferring more economically
31generated power;
32
33provided the person deriving gross receipts from such sale
34demonstrates that a sale, transportation, or delivery for resale
35in fact occurred and complies with the following requirements: A
36sale, transportation, or delivery for resale must be in strict
37compliance with the rules and regulations of the Department of
38Revenue; and any sale subject to the tax imposed by this section
39which is not in strict compliance with the rules and regulations
40of the Department of Revenue shall be subject to the tax at the
41appropriate rate imposed on utilities by paragraph (b) on the
42person making the sale. Any person making a sale for resale may,
43through an informal protest provided for in s. 213.21 and the
44rules of the Department of Revenue, provide the department with
45evidence of the exempt status of a sale. The department shall
46adopt rules that provide that valid proof and documentation of
47the resale by a person making the sale for resale will be
48accepted by the department when submitted during the protest
49period but will not be accepted when submitted in any proceeding
50under chapter 120 or any circuit court action instituted under
51chapter 72.;
52     (b)  Wholesale sales of electric transmission service.;
53     (c)  The use of natural gas in the production of oil or
54gas, or the use of natural or manufactured gas by a person
55transporting natural or manufactured gas, when used and consumed
56in providing such services.; or
57     (d)  The sale or transportation to, or use of, natural gas
58or manufactured gas by a person eligible for an exemption under
59s. 212.08(7)(ff)2. for use as an energy source or a raw
60material. Possession by a seller of natural or manufactured gas
61or by any person providing transportation or delivery of natural
62or manufactured gas of a written certification by the purchaser,
63certifying the purchaser's entitlement to the exclusion
64permitted by this paragraph, relieves the seller or person
65providing transportation or delivery from the responsibility of
66remitting tax on the nontaxable amounts, and the department
67shall look solely to the purchaser for recovery of such tax if
68the department determines that the purchaser was not entitled to
69the exclusion. The certification must include an acknowledgment
70by the purchaser that it will be liable for tax pursuant to
71paragraph (1)(f) if the requirements for exclusion are not met.
72     (e)1.  The sale or transportation of electricity to, or the
73use of electricity by, a person described in s. 212.08(7)(ff)3.
74if such electricity is for use at a fixed location for which
75$50,000 in gross receipts tax has been paid pursuant to
76subsection (1) on electricity consumed at such location during
77the calendar year and if such person can demonstrate that the
78person has spent for energy conservation measures at that fixed
79location the amount of tax savings allowed to such person as an
80exemption by this paragraph.
81     2.  If the amount of taxes above $50,000 that otherwise
82would be due by a person exceeds the amount of qualifying
83expenditures for energy conservation measures by such person in
84a calendar year, the exemption shall be capped in such calendar
85year at the amount of qualifying expenditures for energy
86conservation measures. However, if the amount of qualifying
87expenditures for energy conservation measures by a person
88exceeds the amount of taxes above $50,000 that otherwise would
89be due in a calendar year by such person, the exemption shall be
90capped for the year at the amount of taxes otherwise due, but
91excess qualifying expenditures for energy conservation measures
92may be carried forward and applied as qualifying expenditures
93for up to 2 subsequent calendar years.
94     3.  For purposes of this exemption, the term:
95     a.  "Fixed location" means one or more contiguous
96manufacturing sites and functionally related contiguous parcels
97owned or operated by the person eligible for the exemption.
98     b.  "Energy conservation measure" includes any expenditure
99for a measure that is certified by a professional engineer
100licensed in this state to reduce electrical demand measured in
101kilowatts, reduce fossil fuel demand, reduce the required energy
102measured in kilowatt hours that would otherwise be needed absent
103the conservation measures, or reduce expenses necessary to
104provide renewable energy generation as defined by law, including
105operation and maintenance expenses.
106     4.  This exemption shall be available by refund paid by the
107Department of Revenue. An application for refund shall be made
108to the department on or before May 1 for refunds earned during
109the prior calendar year. The department may develop by rule the
110refund application and refund application procedures. All
111provisions related to challenging any denial of a refund shall
112apply with respect to refunds authorized pursuant to this
113paragraph.
114     5.  The exemption allowed pursuant to this paragraph shall
115expire on December 31, 2015, except to the extent of any
116remaining carryforward of qualifying expenditures for energy
117conservation measures.
118     Section 2.  This act shall take effect upon becoming a law
119and shall apply retroactively to January 1, 2006, with regard to
120taxes paid and expenditures for energy conservation measures
121made in calendar year 2006 and for calendar years thereafter.


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