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