Florida Senate - 2009                                    SB 2576
       
       
       
       By Senator Lynn
       
       
       
       
       7-01552A-09                                           20092576__
    1                        A bill to be entitled                      
    2         An act relating to review of exemptions and exclusions
    3         from the tax on sales, use, and other transactions;
    4         amending s. 11.903, F.S.; expanding purposes of the
    5         Joint Legislative Sunset Committee to conform to
    6         changes made by this act; creating s. 11.9035, F.S.;
    7         providing a short title; providing additional
    8         responsibilities of the Joint Legislative Sunset
    9         Committee for the purpose of reviewing exemptions from
   10         the general state sales and use tax and exclusions of
   11         sales of services from such taxation; providing for
   12         meetings and governance by joint rules; providing
   13         definitions; specifying powers and duties; providing
   14         for reports; requiring continuing periodic review of
   15         sales tax exemptions and exclusions; providing for
   16         legislative proposals; amending s. 212.08, F.S.;
   17         providing for future elimination of all sales, rental,
   18         use, consumption, distribution, and storage tax
   19         exemptions under the section except those for general
   20         groceries, medical, guide dogs for the blind, and
   21         household fuels; repealing s. 212.051, F.S., relating
   22         to exemption for equipment, machinery, and other
   23         materials for pollution control; repealing s. 212.052,
   24         F.S., relating to exemption for research or
   25         development costs; repealing s. 212.0598, F.S.,
   26         relating to partial exemption for air carriers’
   27         maintenance bases; repealing s. 212.0602, F.S.,
   28         relating to a limited exemption for education;
   29         repealing s. 212.0801, F.S., relating to an exemption
   30         for qualified aircraft; repealing s. 212.0821, F.S.,
   31         relating to legislative intent that political
   32         subdivisions and public libraries use sales tax
   33         exemption certificates for certain purchases;
   34         repealing s. 212.09, F.S., relating to trade-ins
   35         deducted; repealing s. 212.096, F.S., relating to
   36         credit for job creation in enterprise zones; repealing
   37         s. 212.097, F.S., relating to Urban High Crime area
   38         job tax credit; repealing s. 212.098, F.S., relating
   39         to rural job tax credit; providing for future repeal
   40         of certain provisions of ss. 212.02, 212.03, 212.031,
   41         212.04, 212.05, 212.0506, 212.06, 212.0601, 212.07,
   42         212.081, 212.12, 212.20, and 376.75, F.S., relating to
   43         various sales and use tax exemptions, exclusions, and
   44         credits; providing exceptions; providing effective
   45         dates.
   46  
   47         WHEREAS, Florida’s current budget difficulties require the
   48  state to consider innovative solutions in addressing the long
   49  term viability of the state’s tax structure, and
   50         WHEREAS, the state’s tax structure should treat individuals
   51  fairly and equitably, imposing similar tax burdens on people in
   52  similar circumstances, and
   53         WHEREAS, exemptions to the state’s sales tax should serve
   54  an important state interest and should be uniform in the effect
   55  on citizens of the state, and
   56         WHEREAS, the Legislature finds that a periodic sunset and
   57  review of all sales tax exemptions will serve to restore
   58  fairness to the state’s tax structure, NOW, THEREFORE,
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Subsection (2) of section 11.903, Florida
   63  Statutes, is amended to read:
   64         11.903 Legislative Sunset Review Committees and the Joint
   65  Legislative Sunset Committee.—
   66         (2) The Senate and House of Representatives shall appoint a
   67  Joint Legislative Sunset Committee for the purposes of
   68  overseeing the agency review process required by ss. 11.901
   69  11.920 and the review of exemptions from the tax on sales, use,
   70  and other transactions required by s. 11.9035 and of making
   71  recommendations to the Legislature regarding such reviews.
   72         Section 2. Section 11.9035, Florida Statutes, is created to
   73  read:
   74         11.9035 Sales and use tax exemption and exclusion review.—
   75         (1) SHORT TITLE.—This section may be cited as the “Florida
   76  Sales Tax Fairness Restoration Act.”
   77         (2) SALES TAX EXEMPTIONS REVIEW.—In addition to the review
   78  required under ss. 11.901-11.920, the Joint Legislative Sunset
   79  Committee shall conduct comprehensive, periodic reviews of all
   80  exemptions from the general state sales and use tax and
   81  exclusions of sales of services from such taxation as provided
   82  by this section.
   83         (3) PROCEDURES.—In addition to other meeting requirements
   84  specified by ss. 11.901-11.920, the committee for each review
   85  cycle shall have its initial meeting no later than September 1,
   86  2009, and thereafter as necessary at the call of the chair at
   87  the time and place designated by the chair. A quorum shall
   88  consist of a majority of the committee members from each house.
   89  During the interim between regular sessions, the committee may
   90  conduct its meetings through teleconferences or other similar
   91  means.
   92         (4) RULES.—For purposes of this section, the committee
   93  shall be governed by joint rules adopted by the Legislature
   94  pursuant to authority to adopt rules under s. 4, Art. III of the
   95  State Constitution.
   96         (5) DEFINITIONS.—As used in this section, the term:
   97         (a) “General state sales and use tax” means the sales and
   98  use tax imposed under chapter 212.
   99         (b) “Service” means a service within any of the following
  100  service categories under the North American Industry
  101  Classification System (NAICS):
  102         1. Personal services.
  103         2. Professional services.
  104         3. Business services.
  105         4. Financial services.
  106         5. Media services.
  107         6. Entertainment and sports services.
  108         7. Construction services.
  109         8. Institutional services.
  110         9. Transportation services.
  111         10. Health services.
  112         (6) POWERS AND DUTIES.—The committee shall have the power
  113  and duty to conduct a comprehensive review of all current and
  114  future exemptions from the general state sales and use tax and
  115  the exclusion of sales of services from such taxation. The
  116  committee shall establish criteria by which each exemption or
  117  exclusion shall be evaluated. In developing the evaluation
  118  criteria, the committee shall consider the following principles
  119  of taxation:
  120         (a) Equity.—The Florida tax system should treat individuals
  121  equitably. It should impose similar tax burdens on people in
  122  similar circumstances and should minimize regressivity.
  123         (b) Simplicity, transparency, and compliance.—The Florida
  124  tax system should facilitate taxpayer compliance. It should be
  125  simple and easy to understand and should provide visibility and
  126  awareness of the taxes being paid.
  127         (c) Neutrality.—The Florida tax system should affect
  128  taxpayers uniformly and consistently. The primary purpose of any
  129  tax should be to raise revenue for appropriate governmental
  130  functions, rather than to influence business and personal
  131  decisions.
  132         (d) Stability.—The Florida tax system should produce
  133  revenues in a stable and reliable manner that is sufficient to
  134  fund appropriate governmental functions and expenditures.
  135         (e) Integration.—The Florida tax system should balance the
  136  need for integration of federal, state, and local taxation.
  137         (f) Public purpose.—Any sales and use tax exemption or
  138  exclusion under the Florida tax system should be based upon a
  139  determination that the exemption or exclusion promotes an
  140  important state interest and should benefit citizens as equally
  141  as possible.
  142         (7) FINDINGS AND RECOMMENDATIONS.—In conducting its review
  143  of each exemption from the general state sales and use tax or
  144  the exclusion of the sale of a service from such taxation, the
  145  committee shall make findings of fact and recommend whether the
  146  exemption should be retained, modified, or repealed or whether
  147  the exclusion should be retained or eliminated. Each
  148  recommendation must be made by majority vote of the committee
  149  members from each house. If a majority vote of the committee
  150  members from each house cannot be achieved, the committee must
  151  recommend that the exemption or exclusion be repealed. The
  152  findings of fact and recommendations of the committee shall be
  153  made by reports to the President of the Senate and the Speaker
  154  of the House of Representatives.
  155         (8) EXEMPTIONS AND EXCLUSIONS REVIEW.—
  156         (a) The committee may use its discretion in determining the
  157  order in which it reviews the exemptions and exclusions. For the
  158  initial review, the committee shall submit, to the President of
  159  the Senate and the Speaker of the House of Representatives, its
  160  initial report on one-third of the exemptions and exclusions by
  161  November 1, 2009, its report on the second one-third of the
  162  exemptions and exclusions by March 1, 2010, and its report on
  163  the final one-third of the exemptions and exclusions by July 1,
  164  2010, with no duplication of exemptions or exclusions from one
  165  report to the next. Thereafter, the committee shall review every
  166  3 years approximately one-third of the exemptions and exclusions
  167  with no duplication of exemptions or exclusions reviewed from
  168  one 3-year period to the next 3-year period. The committee shall
  169  submit its 3-year period review reports no later than December 1
  170  of the year prior to the next regular session after the
  171  expiration of the third year of each 3-year review cycle. The
  172  committee shall begin a new 9-year review cycle of all
  173  exemptions from the general state sales and use tax and all
  174  exclusions of sales of services from such taxation every 9 years
  175  after the termination of the previous review cycle.
  176         (b) Notwithstanding the provisions of this section,
  177  exemptions and exclusions for necessities, including, but not
  178  limited to, exemptions for general groceries as described in s.
  179  212.08(1), exemptions for medical products or supplies as
  180  described in s. 212.08(2), health services, residential housing,
  181  residential electricity, and home heating fuel, and sales of
  182  property or services that the state is prohibited from taxing
  183  under the Constitution or laws of the United States may not be
  184  subject to review by the committee or repeal in legislation
  185  proposed by the committee.
  186         (9) LEGISLATION.—At the regular session after submission of
  187  each annual report to the Speaker of the House of
  188  Representatives and the President of the Senate, the committee
  189  shall introduce in both houses of the Legislature bills
  190  presenting for reenactment, modification, or repeal those
  191  exemptions from the general state sales and use tax or any
  192  imposition of such taxation on sales of services that were
  193  recommended by the committee in the report submitted immediately
  194  prior to the session in which introduced. Each bill introduced
  195  must be restricted to a single exemption or the imposition of
  196  the tax on a single service and must be submitted to a vote of
  197  the members of each house of the Legislature no later than the
  198  eighth week of the session in which introduced, unless the
  199  substance of the bill has already been voted on by the members
  200  of that house of the Legislature in another bill during that
  201  session and either passed or defeated or the bill has already
  202  been submitted to the members of the other house and has been
  203  defeated.
  204         (10) REPEAL.—Any exemption from the state general sales and
  205  use tax or exemption from imposition of such tax on sales of
  206  services, that is not prohibited from review by the committee
  207  under the requirements of paragraph (8)(b) and is not modified
  208  or reenacted by the end of the regular session after any 9-year
  209  review period, stands repealed on July 1 after the end of the
  210  regular session immediately after the 9-year review period.
  211         (11) CONSTRUCTION.—This section does not preclude a
  212  legislator from filing for any legislative session a bill
  213  proposing to modify, repeal, or enact any exemption from the
  214  general state sales and use tax or the imposition of such
  215  taxation on the sales of any service.
  216         Section 3. Effective July 1, 2012, section 212.08, Florida
  217  Statutes, is amended to read:
  218         212.08 Sales, rental, use, consumption, distribution, and
  219  storage tax; specified exemptions.—The sale at retail, the
  220  rental, the use, the consumption, the distribution, and the
  221  storage to be used or consumed in this state of the following
  222  are hereby specifically exempt from the tax imposed by this
  223  chapter.
  224         (1) EXEMPTIONS; GENERAL GROCERIES.—
  225         (a) Food products for human consumption are exempt from the
  226  tax imposed by this chapter.
  227         (b) For the purpose of this chapter, as used in this
  228  subsection, the term “food products” means edible commodities,
  229  whether processed, cooked, raw, canned, or in any other form,
  230  which are generally regarded as food. This includes, but is not
  231  limited to, all of the following:
  232         1. Cereals and cereal products, baked goods, oleomargarine,
  233  meat and meat products, fish and seafood products, frozen foods
  234  and dinners, poultry, eggs and egg products, vegetables and
  235  vegetable products, fruit and fruit products, spices, salt,
  236  sugar and sugar products, milk and dairy products, and products
  237  intended to be mixed with milk.
  238         2. Natural fruit or vegetable juices or their concentrates
  239  or reconstituted natural concentrated fruit or vegetable juices,
  240  whether frozen or unfrozen, dehydrated, powdered, granulated,
  241  sweetened or unsweetened, seasoned with salt or spice, or
  242  unseasoned; coffee, coffee substitutes, or cocoa; and tea,
  243  unless it is sold in a liquid form.
  244         3. Bakery products sold by bakeries, pastry shops, or like
  245  establishments that do not have eating facilities.
  246         (c) The exemption provided by this subsection does not
  247  apply:
  248         1. When the food products are sold as meals for consumption
  249  on or off the premises of the dealer.
  250         2. When the food products are furnished, prepared, or
  251  served for consumption at tables, chairs, or counters or from
  252  trays, glasses, dishes, or other tableware, whether provided by
  253  the dealer or by a person with whom the dealer contracts to
  254  furnish, prepare, or serve food products to others.
  255         3. When the food products are ordinarily sold for immediate
  256  consumption on the seller’s premises or near a location at which
  257  parking facilities are provided primarily for the use of patrons
  258  in consuming the products purchased at the location, even though
  259  such products are sold on a “take out” or “to go” order and are
  260  actually packaged or wrapped and taken from the premises of the
  261  dealer.
  262         4. To sandwiches sold ready for immediate consumption on or
  263  off the seller’s premises.
  264         5. When the food products are sold ready for immediate
  265  consumption within a place, the entrance to which is subject to
  266  an admission charge.
  267         6. When the food products are sold as hot prepared food
  268  products.
  269         7. To soft drinks, which include, but are not limited to,
  270  any nonalcoholic beverage, any preparation or beverage commonly
  271  referred to as a “soft drink,” or any noncarbonated drink made
  272  from milk derivatives or tea, when sold in cans or similar
  273  containers.
  274         8. To ice cream, frozen yogurt, and similar frozen dairy or
  275  nondairy products in cones, small cups, or pints, popsicles,
  276  frozen fruit bars, or other novelty items, whether or not sold
  277  separately.
  278         9. To food prepared, whether on or off the premises, and
  279  sold for immediate consumption. This does not apply to food
  280  prepared off the premises and sold in the original sealed
  281  container, or the slicing of products into smaller portions.
  282         10. When the food products are sold through a vending
  283  machine, pushcart, motor vehicle, or any other form of vehicle.
  284         11. To candy and any similar product regarded as candy or
  285  confection, based on its normal use, as indicated on the label
  286  or advertising thereof.
  287         12. To bakery products sold by bakeries, pastry shops, or
  288  like establishments that have eating facilities, except when
  289  sold for consumption off the seller’s premises.
  290         13. When food products are served, prepared, or sold in or
  291  by restaurants, lunch counters, cafeterias, hotels, taverns, or
  292  other like places of business.
  293         (d) As used in this subsection, the term:
  294         1. “For consumption off the seller’s premises” means that
  295  the food or drink is intended by the customer to be consumed at
  296  a place away from the dealer’s premises.
  297         2. “For consumption on the seller’s premises” means that
  298  the food or drink sold may be immediately consumed on the
  299  premises where the dealer conducts his or her business. In
  300  determining whether an item of food is sold for immediate
  301  consumption, there shall be considered the customary consumption
  302  practices prevailing at the selling facility.
  303         3. “Premises” shall be construed broadly, and means, but is
  304  not limited to, the lobby, aisle, or auditorium of a theater;
  305  the seating, aisle, or parking area of an arena, rink, or
  306  stadium; or the parking area of a drive-in or outdoor theater.
  307  The premises of a caterer with respect to catered meals or
  308  beverages shall be the place where such meals or beverages are
  309  served.
  310         4. “Hot prepared food products” means those products,
  311  items, or components which have been prepared for sale in a
  312  heated condition and which are sold at any temperature that is
  313  higher than the air temperature of the room or place where they
  314  are sold. “Hot prepared food products,” for the purposes of this
  315  subsection, includes a combination of hot and cold food items or
  316  components where a single price has been established for the
  317  combination and the food products are sold in such combination,
  318  such as a hot meal, a hot specialty dish or serving, or a hot
  319  sandwich or hot pizza, including cold components or side items.
  320         (e)1. Food or drinks not exempt under paragraphs (a), (b),
  321  (c), and (d) shall be exempt, notwithstanding those paragraphs,
  322  when purchased with food coupons or Special Supplemental Food
  323  Program for Women, Infants, and Children vouchers issued under
  324  authority of federal law.
  325         2. This paragraph is effective only while federal law
  326  prohibits a state’s participation in the federal food coupon
  327  program or Special Supplemental Food Program for Women, Infants,
  328  and Children if there is an official determination that state or
  329  local sales taxes are collected within that state on purchases
  330  of food or drinks with such coupons.
  331         3. This paragraph shall not apply to any food or drinks on
  332  which federal law shall permit sales taxes without penalty, such
  333  as termination of the state’s participation.
  334         (2) EXEMPTIONS; MEDICAL.—
  335         (a) There shall be exempt from the tax imposed by this
  336  chapter any medical products and supplies or medicine dispensed
  337  according to an individual prescription or prescriptions written
  338  by a prescriber authorized by law to prescribe medicinal drugs;
  339  hypodermic needles; hypodermic syringes; chemical compounds and
  340  test kits used for the diagnosis or treatment of human disease,
  341  illness, or injury; and common household remedies recommended
  342  and generally sold for internal or external use in the cure,
  343  mitigation, treatment, or prevention of illness or disease in
  344  human beings, but not including cosmetics or toilet articles,
  345  notwithstanding the presence of medicinal ingredients therein,
  346  according to a list prescribed and approved by the Department of
  347  Health, which list shall be certified to the Department of
  348  Revenue from time to time and included in the rules promulgated
  349  by the Department of Revenue. There shall also be exempt from
  350  the tax imposed by this chapter artificial eyes and limbs;
  351  orthopedic shoes; prescription eyeglasses and items incidental
  352  thereto or which become a part thereof; dentures; hearing aids;
  353  crutches; prosthetic and orthopedic appliances; and funerals. In
  354  addition, any items intended for one-time use which transfer
  355  essential optical characteristics to contact lenses shall be
  356  exempt from the tax imposed by this chapter; however, this
  357  exemption shall apply only after $100,000 of the tax imposed by
  358  this chapter on such items has been paid in any calendar year by
  359  a taxpayer who claims the exemption in such year. Funeral
  360  directors shall pay tax on all tangible personal property used
  361  by them in their business.
  362         (b) For the purposes of this subsection:
  363         1. “Prosthetic and orthopedic appliances” means any
  364  apparatus, instrument, device, or equipment used to replace or
  365  substitute for any missing part of the body, to alleviate the
  366  malfunction of any part of the body, or to assist any disabled
  367  person in leading a normal life by facilitating such person’s
  368  mobility. Such apparatus, instrument, device, or equipment shall
  369  be exempted according to an individual prescription or
  370  prescriptions written by a physician licensed under chapter 458,
  371  chapter 459, chapter 460, chapter 461, or chapter 466, or
  372  according to a list prescribed and approved by the Department of
  373  Health, which list shall be certified to the Department of
  374  Revenue from time to time and included in the rules promulgated
  375  by the Department of Revenue.
  376         2. “Cosmetics” means articles intended to be rubbed,
  377  poured, sprinkled, or sprayed on, introduced into, or otherwise
  378  applied to the human body for cleansing, beautifying, promoting
  379  attractiveness, or altering the appearance and also means
  380  articles intended for use as a compound of any such articles,
  381  including, but not limited to, cold creams, suntan lotions,
  382  makeup, and body lotions.
  383         3. “Toilet articles” means any article advertised or held
  384  out for sale for grooming purposes and those articles that are
  385  customarily used for grooming purposes, regardless of the name
  386  by which they may be known, including, but not limited to, soap,
  387  toothpaste, hair spray, shaving products, colognes, perfumes,
  388  shampoo, deodorant, and mouthwash.
  389         4. “Prescription” includes any order for drugs or medicinal
  390  supplies written or transmitted by any means of communication by
  391  a duly licensed practitioner authorized by the laws of the state
  392  to prescribe such drugs or medicinal supplies and intended to be
  393  dispensed by a pharmacist. The term also includes an orally
  394  transmitted order by the lawfully designated agent of such
  395  practitioner. The term also includes an order written or
  396  transmitted by a practitioner licensed to practice in a
  397  jurisdiction other than this state, but only if the pharmacist
  398  called upon to dispense such order determines, in the exercise
  399  of his or her professional judgment, that the order is valid and
  400  necessary for the treatment of a chronic or recurrent illness.
  401  The term also includes a pharmacist’s order for a product
  402  selected from the formulary created pursuant to s. 465.186. A
  403  prescription may be retained in written form, or the pharmacist
  404  may cause it to be recorded in a data processing system,
  405  provided that such order can be produced in printed form upon
  406  lawful request.
  407         (c) Chlorine shall not be exempt from the tax imposed by
  408  this chapter when used for the treatment of water in swimming
  409  pools.
  410         (d) Lithotripters are exempt.
  411         (e) Human organs are exempt.
  412         (f) Sales of drugs to or by physicians, dentists,
  413  veterinarians, and hospitals in connection with medical
  414  treatment are exempt.
  415         (g) Medical products and supplies used in the cure,
  416  mitigation, alleviation, prevention, or treatment of injury,
  417  disease, or incapacity which are temporarily or permanently
  418  incorporated into a patient or client by a practitioner of the
  419  healing arts licensed in the state are exempt.
  420         (h) The purchase by a veterinarian of commonly recognized
  421  substances possessing curative or remedial properties which are
  422  ordered and dispensed as treatment for a diagnosed health
  423  disorder by or on the prescription of a duly licensed
  424  veterinarian, and which are applied to or consumed by animals
  425  for alleviation of pain or the cure or prevention of sickness,
  426  disease, or suffering are exempt. Also exempt are the purchase
  427  by a veterinarian of antiseptics, absorbent cotton, gauze for
  428  bandages, lotions, vitamins, and worm remedies.
  429         (i) X-ray opaques, also known as opaque drugs and
  430  radiopaque, such as the various opaque dyes and barium sulphate,
  431  when used in connection with medical X rays for treatment of
  432  bodies of humans and animals, are exempt.
  433         (j) Parts, special attachments, special lettering, and
  434  other like items that are added to or attached to tangible
  435  personal property so that a handicapped person can use them are
  436  exempt when such items are purchased by a person pursuant to an
  437  individual prescription.
  438         (k) This subsection shall be strictly construed and
  439  enforced.
  440         (3) EXEMPTIONS; CERTAIN FARM EQUIPMENT.—There shall be no
  441  tax on the sale, rental, lease, use, consumption, or storage for
  442  use in this state of power farm equipment used exclusively on a
  443  farm or in a forest in the agricultural production of crops or
  444  products as produced by those agricultural industries included
  445  in s. 570.02(1), or for fire prevention and suppression work
  446  with respect to such crops or products. Harvesting may not be
  447  construed to include processing activities. This exemption is
  448  not forfeited by moving farm equipment between farms or forests.
  449  However, this exemption shall not be allowed unless the
  450  purchaser, renter, or lessee signs a certificate stating that
  451  the farm equipment is to be used exclusively on a farm or in a
  452  forest for agricultural production or for fire prevention and
  453  suppression, as required by this subsection. Possession by a
  454  seller, lessor, or other dealer of a written certification by
  455  the purchaser, renter, or lessee certifying the purchaser’s,
  456  renter’s, or lessee’s entitlement to an exemption permitted by
  457  this subsection relieves the seller from the responsibility of
  458  collecting the tax on the nontaxable amounts, and the department
  459  shall look solely to the purchaser for recovery of such tax if
  460  it determines that the purchaser was not entitled to the
  461  exemption.
  462         (4) EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC.—
  463         (a) Also exempt are:
  464         1. Water delivered to the purchaser through pipes or
  465  conduits or delivered for irrigation purposes. The sale of
  466  drinking water in bottles, cans, or other containers, including
  467  water that contains minerals or carbonation in its natural state
  468  or water to which minerals have been added at a water treatment
  469  facility regulated by the Department of Environmental Protection
  470  or the Department of Health, is exempt. This exemption does not
  471  apply to the sale of drinking water in bottles, cans, or other
  472  containers if carbonation or flavorings, except those added at a
  473  water treatment facility, have been added. Water that has been
  474  enhanced by the addition of minerals and that does not contain
  475  any added carbonation or flavorings is also exempt.
  476         2. All fuels used by a public or private utility, including
  477  any municipal corporation or rural electric cooperative
  478  association, in the generation of electric power or energy for
  479  sale. Fuel other than motor fuel and diesel fuel is taxable as
  480  provided in this chapter with the exception of fuel expressly
  481  exempt herein. Motor fuels and diesel fuels are taxable as
  482  provided in chapter 206, with the exception of those motor fuels
  483  and diesel fuels used by railroad locomotives or vessels to
  484  transport persons or property in interstate or foreign commerce,
  485  which are taxable under this chapter only to the extent provided
  486  herein. The basis of the tax shall be the ratio of intrastate
  487  mileage to interstate or foreign mileage traveled by the
  488  carrier’s railroad locomotives or vessels that were used in
  489  interstate or foreign commerce and that had at least some
  490  Florida mileage during the previous fiscal year of the carrier,
  491  such ratio to be determined at the close of the fiscal year of
  492  the carrier. However, during the fiscal year in which the
  493  carrier begins its initial operations in this state, the
  494  carrier’s mileage apportionment factor may be determined on the
  495  basis of an estimated ratio of anticipated miles in this state
  496  to anticipated total miles for that year, and subsequently,
  497  additional tax shall be paid on the motor fuel and diesel fuels,
  498  or a refund may be applied for, on the basis of the actual ratio
  499  of the carrier’s railroad locomotives’ or vessels’ miles in this
  500  state to its total miles for that year. This ratio shall be
  501  applied each month to the total Florida purchases made in this
  502  state of motor and diesel fuels to establish that portion of the
  503  total used and consumed in intrastate movement and subject to
  504  tax under this chapter. The basis for imposition of any
  505  discretionary surtax shall be set forth in s. 212.054. Fuels
  506  used exclusively in intrastate commerce do not qualify for the
  507  proration of tax.
  508         3. The transmission or wheeling of electricity.
  509         (b) Alcoholic beverages and malt beverages are not exempt.
  510  The terms “alcoholic beverages” and “malt beverages” as used in
  511  this paragraph have the same meanings ascribed to them in ss.
  512  561.01(4) and 563.01, respectively. It is determined by the
  513  Legislature that the classification of alcoholic beverages made
  514  in this paragraph for the purpose of extending the tax imposed
  515  by this chapter is reasonable and just, and it is intended that
  516  such tax be separate from, and in addition to, any other tax
  517  imposed on alcoholic beverages.
  518         (5) EXEMPTIONS; ACCOUNT OF USE.—
  519         (a) Items in agricultural use and certain nets.—There are
  520  exempt from the tax imposed by this chapter nets designed and
  521  used exclusively by commercial fisheries; disinfectants,
  522  fertilizers, insecticides, pesticides, herbicides, fungicides,
  523  and weed killers used for application on crops or groves,
  524  including commercial nurseries and home vegetable gardens, used
  525  in dairy barns or on poultry farms for the purpose of protecting
  526  poultry or livestock, or used directly on poultry or livestock;
  527  portable containers or movable receptacles in which portable
  528  containers are placed, used for processing farm products; field
  529  and garden seeds, including flower seeds; nursery stock,
  530  seedlings, cuttings, or other propagative material purchased for
  531  growing stock; seeds, seedlings, cuttings, and plants used to
  532  produce food for human consumption; cloth, plastic, and other
  533  similar materials used for shade, mulch, or protection from
  534  frost or insects on a farm; generators used on poultry farms;
  535  and liquefied petroleum gas or other fuel used to heat a
  536  structure in which started pullets or broilers are raised;
  537  however, such exemption shall not be allowed unless the
  538  purchaser or lessee signs a certificate stating that the item to
  539  be exempted is for the exclusive use designated herein. Also
  540  exempt are cellophane wrappers, glue for tin and glass
  541  (apiarists), mailing cases for honey, shipping cases, window
  542  cartons, and baling wire and twine used for baling hay, when
  543  used by a farmer to contain, produce, or process an agricultural
  544  commodity.
  545         (b) Machinery and equipment used to increase productive
  546  output.
  547         1. Industrial machinery and equipment purchased for
  548  exclusive use by a new business in spaceport activities as
  549  defined by s. 212.02 or for use in new businesses which
  550  manufacture, process, compound, or produce for sale items of
  551  tangible personal property at fixed locations are exempt from
  552  the tax imposed by this chapter upon an affirmative showing by
  553  the taxpayer to the satisfaction of the department that such
  554  items are used in a new business in this state. Such purchases
  555  must be made prior to the date the business first begins its
  556  productive operations, and delivery of the purchased item must
  557  be made within 12 months of that date.
  558         2. Industrial machinery and equipment purchased for
  559  exclusive use by an expanding facility which is engaged in
  560  spaceport activities as defined by s. 212.02 or for use in
  561  expanding manufacturing facilities or plant units which
  562  manufacture, process, compound, or produce for sale items of
  563  tangible personal property at fixed locations in this state are
  564  exempt from any amount of tax imposed by this chapter upon an
  565  affirmative showing by the taxpayer to the satisfaction of the
  566  department that such items are used to increase the productive
  567  output of such expanded facility or business by not less than 10
  568  percent.
  569         3.a. To receive an exemption provided by subparagraph 1. or
  570  subparagraph 2., a qualifying business entity shall apply to the
  571  department for a temporary tax exemption permit. The application
  572  shall state that a new business exemption or expanded business
  573  exemption is being sought. Upon a tentative affirmative
  574  determination by the department pursuant to subparagraph 1. or
  575  subparagraph 2., the department shall issue such permit.
  576         b. The applicant shall be required to maintain all
  577  necessary books and records to support the exemption. Upon
  578  completion of purchases of qualified machinery and equipment
  579  pursuant to subparagraph 1. or subparagraph 2., the temporary
  580  tax permit shall be delivered to the department or returned to
  581  the department by certified or registered mail.
  582         c. If, in a subsequent audit conducted by the department,
  583  it is determined that the machinery and equipment purchased as
  584  exempt under subparagraph 1. or subparagraph 2. did not meet the
  585  criteria mandated by this paragraph or if commencement of
  586  production did not occur, the amount of taxes exempted at the
  587  time of purchase shall immediately be due and payable to the
  588  department by the business entity, together with the appropriate
  589  interest and penalty, computed from the date of purchase, in the
  590  manner prescribed by this chapter.
  591         d. In the event a qualifying business entity fails to apply
  592  for a temporary exemption permit or if the tentative
  593  determination by the department required to obtain a temporary
  594  exemption permit is negative, a qualifying business entity shall
  595  receive the exemption provided in subparagraph 1. or
  596  subparagraph 2. through a refund of previously paid taxes. No
  597  refund may be made for such taxes unless the criteria mandated
  598  by subparagraph 1. or subparagraph 2. have been met and
  599  commencement of production has occurred.
  600         4. The department shall adopt rules governing applications
  601  for, issuance of, and the form of temporary tax exemption
  602  permits; provisions for recapture of taxes; and the manner and
  603  form of refund applications and may establish guidelines as to
  604  the requisites for an affirmative showing of increased
  605  productive output, commencement of production, and qualification
  606  for exemption.
  607         5. The exemptions provided in subparagraphs 1. and 2. do
  608  not apply to machinery or equipment purchased or used by
  609  electric utility companies, communications companies, oil or gas
  610  exploration or production operations, publishing firms that do
  611  not export at least 50 percent of their finished product out of
  612  the state, any firm subject to regulation by the Division of
  613  Hotels and Restaurants of the Department of Business and
  614  Professional Regulation, or any firm which does not manufacture,
  615  process, compound, or produce for sale items of tangible
  616  personal property or which does not use such machinery and
  617  equipment in spaceport activities as required by this paragraph.
  618  The exemptions provided in subparagraphs 1. and 2. shall apply
  619  to machinery and equipment purchased for use in phosphate or
  620  other solid minerals severance, mining, or processing
  621  operations.
  622         6. For the purposes of the exemptions provided in
  623  subparagraphs 1. and 2., these terms have the following
  624  meanings:
  625         a. “Industrial machinery and equipment” means tangible
  626  personal property or other property that has a depreciable life
  627  of 3 years or more and that is used as an integral part in the
  628  manufacturing, processing, compounding, or production of
  629  tangible personal property for sale or is exclusively used in
  630  spaceport activities. A building and its structural components
  631  are not industrial machinery and equipment unless the building
  632  or structural component is so closely related to the industrial
  633  machinery and equipment that it houses or supports that the
  634  building or structural component can be expected to be replaced
  635  when the machinery and equipment are replaced. Heating and air
  636  conditioning systems are not industrial machinery and equipment
  637  unless the sole justification for their installation is to meet
  638  the requirements of the production process, even though the
  639  system may provide incidental comfort to employees or serve, to
  640  an insubstantial degree, nonproduction activities. The term
  641  includes parts and accessories only to the extent that the
  642  exemption thereof is consistent with the provisions of this
  643  paragraph.
  644         b. “Productive output” means the number of units actually
  645  produced by a single plant or operation in a single continuous
  646  12-month period, irrespective of sales. Increases in productive
  647  output shall be measured by the output for 12 continuous months
  648  immediately following the completion of installation of such
  649  machinery or equipment over the output for the 12 continuous
  650  months immediately preceding such installation. However, if a
  651  different 12-month continuous period of time would more
  652  accurately reflect the increase in productive output of
  653  machinery and equipment purchased to facilitate an expansion,
  654  the increase in productive output may be measured during that
  655  12-month continuous period of time if such time period is
  656  mutually agreed upon by the Department of Revenue and the
  657  expanding business prior to the commencement of production;
  658  provided, however, in no case may such time period begin later
  659  than 2 years following the completion of installation of the new
  660  machinery and equipment. The units used to measure productive
  661  output shall be physically comparable between the two periods,
  662  irrespective of sales.
  663         (c) Machinery and equipment used in production of
  664  electrical or steam energy.
  665         1. The purchase of machinery and equipment for use at a
  666  fixed location which machinery and equipment are necessary in
  667  the production of electrical or steam energy resulting from the
  668  burning of boiler fuels other than residual oil is exempt from
  669  the tax imposed by this chapter. Such electrical or steam energy
  670  must be primarily for use in manufacturing, processing,
  671  compounding, or producing for sale items of tangible personal
  672  property in this state. Use of a de minimis amount of residual
  673  fuel to facilitate the burning of nonresidual fuel shall not
  674  reduce the exemption otherwise available under this paragraph.
  675         2. In facilities where machinery and equipment are
  676  necessary to burn both residual and nonresidual fuels, the
  677  exemption shall be prorated. Such proration shall be based upon
  678  the production of electrical or steam energy from nonresidual
  679  fuels as a percentage of electrical or steam energy from all
  680  fuels. If it is determined that 15 percent or less of all
  681  electrical or steam energy generated was produced by burning
  682  residual fuel, the full exemption shall apply. Purchasers
  683  claiming a partial exemption shall obtain such exemption by
  684  refund of taxes paid, or as otherwise provided in the
  685  department’s rules.
  686         3. The department may adopt rules that provide for
  687  implementation of this exemption. Purchasers of machinery and
  688  equipment qualifying for the exemption provided in this
  689  paragraph shall furnish the vendor with an affidavit stating
  690  that the item or items to be exempted are for the use designated
  691  herein. Any person furnishing a false affidavit to the vendor
  692  for the purpose of evading payment of any tax imposed under this
  693  chapter shall be subject to the penalty set forth in s. 212.085
  694  and as otherwise provided by law. Purchasers with self-accrual
  695  authority shall maintain all documentation necessary to prove
  696  the exempt status of purchases.
  697         (d) Machinery and equipment used under federal procurement
  698  contract.
  699         1. Industrial machinery and equipment purchased by an
  700  expanding business which manufactures tangible personal property
  701  pursuant to federal procurement regulations at fixed locations
  702  in this state are exempt from the tax imposed in this chapter
  703  upon an affirmative showing by the taxpayer to the satisfaction
  704  of the department that such items are used to increase the
  705  implicit productive output of the expanded business by not less
  706  than 10 percent. The percentage of increase is measured as
  707  deflated implicit productive output for the calendar year during
  708  which the installation of the machinery or equipment is
  709  completed or during which commencement of production utilizing
  710  such items is begun divided by the implicit productive output
  711  for the preceding calendar year. In no case may the commencement
  712  of production begin later than 2 years following completion of
  713  installation of the machinery or equipment.
  714         2. The amount of the exemption allowed shall equal the
  715  taxes otherwise imposed by this chapter on qualifying industrial
  716  machinery or equipment reduced by the percentage of gross
  717  receipts from cost-reimbursement type contracts attributable to
  718  the plant or operation to total gross receipts so attributable,
  719  accrued for the year of completion or commencement.
  720         3. The exemption provided by this paragraph shall inure to
  721  the taxpayer only through refund of previously paid taxes. Such
  722  refund shall be made within 30 days of formal approval by the
  723  department of the taxpayer’s application, which application may
  724  be made on an annual basis following installation of the
  725  machinery or equipment.
  726         4. For the purposes of this paragraph, the term:
  727         a. “Cost-reimbursement type contracts” has the same meaning
  728  as in 32 C.F.R. s. 3-405.
  729         b. “Deflated implicit productive output” means the product
  730  of implicit productive output times the quotient of the national
  731  defense implicit price deflator for the preceding calendar year
  732  divided by the deflator for the year of completion or
  733  commencement.
  734         c. “Eligible costs” means the total direct and indirect
  735  costs, as defined in 32 C.F.R. ss. 15-202 and 15-203, excluding
  736  general and administrative costs, selling expenses, and profit,
  737  defined by the uniform cost-accounting standards adopted by the
  738  Cost-Accounting Standards Board created pursuant to 50 U.S.C. s.
  739  2168.
  740         d. “Implicit productive output” means the annual eligible
  741  costs attributable to all contracts or subcontracts subject to
  742  federal procurement regulations of the single plant or operation
  743  at which the machinery or equipment is used.
  744         e. “Industrial machinery and equipment” means tangible
  745  personal property or other property that has a depreciable life
  746  of 3 years or more, that qualifies as an eligible cost under
  747  federal procurement regulations, and that is used as an integral
  748  part of the process of production of tangible personal property.
  749  A building and its structural components are not industrial
  750  machinery and equipment unless the building or structural
  751  component is so closely related to the industrial machinery and
  752  equipment that it houses or supports that the building or
  753  structural component can be expected to be replaced when the
  754  machinery and equipment are replaced. Heating and air
  755  conditioning systems are not industrial machinery and equipment
  756  unless the sole justification for their installation is to meet
  757  the requirements of the production process, even though the
  758  system may provide incidental comfort to employees or serve, to
  759  an insubstantial degree, nonproduction activities. The term
  760  includes parts and accessories only to the extent that the
  761  exemption of such parts and accessories is consistent with the
  762  provisions of this paragraph.
  763         f. “National defense implicit price deflator” means the
  764  national defense implicit price deflator for the gross national
  765  product as determined by the Bureau of Economic Analysis of the
  766  United States Department of Commerce.
  767         5. The exclusions provided in subparagraph (b)5. apply to
  768  this exemption. This exemption applies only to machinery or
  769  equipment purchased pursuant to production contracts with the
  770  United States Department of Defense and Armed Forces, the
  771  National Aeronautics and Space Administration, and other federal
  772  agencies for which the contracts are classified for national
  773  security reasons. In no event shall the provisions of this
  774  paragraph apply to any expanding business the increase in
  775  productive output of which could be measured under the
  776  provisions of sub-subparagraph (b)6.b. as physically comparable
  777  between the two periods.
  778         (e) Gas or electricity used for certain agricultural
  779  purposes.
  780         1. Butane gas, propane gas, natural gas, and all other
  781  forms of liquefied petroleum gases are exempt from the tax
  782  imposed by this chapter if used in any tractor, vehicle, or
  783  other farm equipment which is used exclusively on a farm or for
  784  processing farm products on the farm and no part of which gas is
  785  used in any vehicle or equipment driven or operated on the
  786  public highways of this state. This restriction does not apply
  787  to the movement of farm vehicles or farm equipment between
  788  farms. The transporting of bees by water and the operating of
  789  equipment used in the apiary of a beekeeper is also deemed an
  790  exempt use.
  791         2. Electricity used directly or indirectly for production
  792  or processing of agricultural products on the farm is exempt
  793  from the tax imposed by this chapter. This exemption applies
  794  only if the electricity used for the exempt purposes is
  795  separately metered. If the electricity is not separately
  796  metered, it is conclusively presumed that some portion of the
  797  electricity is used for a nonexempt purpose, and all of the
  798  electricity used for such purposes is taxable.
  799         (f) Motion picture or video equipment used in motion
  800  picture or television production activities and sound recording
  801  equipment used in the production of master tapes and master
  802  records.
  803         1. Motion picture or video equipment and sound recording
  804  equipment purchased or leased for use in this state in
  805  production activities is exempt from the tax imposed by this
  806  chapter. The exemption provided by this paragraph shall inure to
  807  the taxpayer upon presentation of the certificate of exemption
  808  issued to the taxpayer under the provisions of s. 288.1258.
  809         2. For the purpose of the exemption provided in
  810  subparagraph 1.:
  811         a. “Motion picture or video equipment” and “sound recording
  812  equipment” includes only tangible personal property or other
  813  property that has a depreciable life of 3 years or more and that
  814  is used by the lessee or purchaser exclusively as an integral
  815  part of production activities; however, motion picture or video
  816  equipment and sound recording equipment does not include
  817  supplies, tape, records, film, or video tape used in productions
  818  or other similar items; vehicles or vessels; or general office
  819  equipment not specifically suited to production activities. In
  820  addition, the term does not include equipment purchased or
  821  leased by television or radio broadcasting or cable companies
  822  licensed by the Federal Communications Commission. Furthermore,
  823  a building and its structural components are not motion picture
  824  or video equipment and sound recording equipment unless the
  825  building or structural component is so closely related to the
  826  motion picture or video equipment and sound recording equipment
  827  that it houses or supports that the building or structural
  828  component can be expected to be replaced when the motion picture
  829  or video equipment and sound recording equipment are replaced.
  830  Heating and air-conditioning systems are not motion picture or
  831  video equipment and sound recording equipment unless the sole
  832  justification for their installation is to meet the requirements
  833  of the production activities, even though the system may provide
  834  incidental comfort to employees or serve, to an insubstantial
  835  degree, nonproduction activities.
  836         b. “Production activities” means activities directed toward
  837  the preparation of a:
  838         (I) Master tape or master record embodying sound; or
  839         (II) Motion picture or television production which is
  840  produced for theatrical, commercial, advertising, or educational
  841  purposes and utilizes live or animated actions or a combination
  842  of live and animated actions. The motion picture or television
  843  production shall be commercially produced for sale or for
  844  showing on screens or broadcasting on television and may be on
  845  film or video tape.
  846         (g) Building materials used in the rehabilitation of real
  847  property located in an enterprise zone.
  848         1. Building materials used in the rehabilitation of real
  849  property located in an enterprise zone shall be exempt from the
  850  tax imposed by this chapter upon an affirmative showing to the
  851  satisfaction of the department that the items have been used for
  852  the rehabilitation of real property located in an enterprise
  853  zone. Except as provided in subparagraph 2., this exemption
  854  inures to the owner, lessee, or lessor of the rehabilitated real
  855  property located in an enterprise zone only through a refund of
  856  previously paid taxes. To receive a refund pursuant to this
  857  paragraph, the owner, lessee, or lessor of the rehabilitated
  858  real property located in an enterprise zone must file an
  859  application under oath with the governing body or enterprise
  860  zone development agency having jurisdiction over the enterprise
  861  zone where the business is located, as applicable, which
  862  includes:
  863         a. The name and address of the person claiming the refund.
  864         b. An address and assessment roll parcel number of the
  865  rehabilitated real property in an enterprise zone for which a
  866  refund of previously paid taxes is being sought.
  867         c. A description of the improvements made to accomplish the
  868  rehabilitation of the real property.
  869         d. A copy of the building permit issued for the
  870  rehabilitation of the real property.
  871         e. A sworn statement, under the penalty of perjury, from
  872  the general contractor licensed in this state with whom the
  873  applicant contracted to make the improvements necessary to
  874  accomplish the rehabilitation of the real property, which
  875  statement lists the building materials used in the
  876  rehabilitation of the real property, the actual cost of the
  877  building materials, and the amount of sales tax paid in this
  878  state on the building materials. In the event that a general
  879  contractor has not been used, the applicant shall provide this
  880  information in a sworn statement, under the penalty of perjury.
  881  Copies of the invoices which evidence the purchase of the
  882  building materials used in such rehabilitation and the payment
  883  of sales tax on the building materials shall be attached to the
  884  sworn statement provided by the general contractor or by the
  885  applicant. Unless the actual cost of building materials used in
  886  the rehabilitation of real property and the payment of sales
  887  taxes due thereon is documented by a general contractor or by
  888  the applicant in this manner, the cost of such building
  889  materials shall be an amount equal to 40 percent of the increase
  890  in assessed value for ad valorem tax purposes.
  891         f. The identifying number assigned pursuant to s. 290.0065
  892  to the enterprise zone in which the rehabilitated real property
  893  is located.
  894         g. A certification by the local building code inspector
  895  that the improvements necessary to accomplish the rehabilitation
  896  of the real property are substantially completed.
  897         h. Whether the business is a small business as defined by
  898  s. 288.703(1).
  899         i. If applicable, the name and address of each permanent
  900  employee of the business, including, for each employee who is a
  901  resident of an enterprise zone, the identifying number assigned
  902  pursuant to s. 290.0065 to the enterprise zone in which the
  903  employee resides.
  904         2. This exemption inures to a city, county, other
  905  governmental agency, or nonprofit community-based organization
  906  through a refund of previously paid taxes if the building
  907  materials used in the rehabilitation of real property located in
  908  an enterprise zone are paid for from the funds of a community
  909  development block grant, State Housing Initiatives Partnership
  910  Program, or similar grant or loan program. To receive a refund
  911  pursuant to this paragraph, a city, county, other governmental
  912  agency, or nonprofit community-based organization must file an
  913  application which includes the same information required to be
  914  provided in subparagraph 1. by an owner, lessee, or lessor of
  915  rehabilitated real property. In addition, the application must
  916  include a sworn statement signed by the chief executive officer
  917  of the city, county, other governmental agency, or nonprofit
  918  community-based organization seeking a refund which states that
  919  the building materials for which a refund is sought were paid
  920  for from the funds of a community development block grant, State
  921  Housing Initiatives Partnership Program, or similar grant or
  922  loan program.
  923         3. Within 10 working days after receipt of an application,
  924  the governing body or enterprise zone development agency shall
  925  review the application to determine if it contains all the
  926  information required pursuant to subparagraph 1. or subparagraph
  927  2. and meets the criteria set out in this paragraph. The
  928  governing body or agency shall certify all applications that
  929  contain the information required pursuant to subparagraph 1. or
  930  subparagraph 2. and meet the criteria set out in this paragraph
  931  as eligible to receive a refund. If applicable, the governing
  932  body or agency shall also certify if 20 percent of the employees
  933  of the business are residents of an enterprise zone, excluding
  934  temporary and part-time employees. The certification shall be in
  935  writing, and a copy of the certification shall be transmitted to
  936  the executive director of the Department of Revenue. The
  937  applicant shall be responsible for forwarding a certified
  938  application to the department within the time specified in
  939  subparagraph 4.
  940         4. An application for a refund pursuant to this paragraph
  941  must be submitted to the department within 6 months after the
  942  rehabilitation of the property is deemed to be substantially
  943  completed by the local building code inspector or by September 1
  944  after the rehabilitated property is first subject to assessment.
  945         5. Not more than one exemption through a refund of
  946  previously paid taxes for the rehabilitation of real property
  947  shall be permitted for any single parcel of property unless
  948  there is a change in ownership, a new lessor, or a new lessee of
  949  the real property. No refund shall be granted pursuant to this
  950  paragraph unless the amount to be refunded exceeds $500. No
  951  refund granted pursuant to this paragraph shall exceed the
  952  lesser of 97 percent of the Florida sales or use tax paid on the
  953  cost of the building materials used in the rehabilitation of the
  954  real property as determined pursuant to sub-subparagraph 1.e. or
  955  $5,000, or, if no less than 20 percent of the employees of the
  956  business are residents of an enterprise zone, excluding
  957  temporary and part-time employees, the amount of refund granted
  958  pursuant to this paragraph shall not exceed the lesser of 97
  959  percent of the sales tax paid on the cost of such building
  960  materials or $10,000. A refund approved pursuant to this
  961  paragraph shall be made within 30 days of formal approval by the
  962  department of the application for the refund. This subparagraph
  963  shall apply retroactively to July 1, 2005.
  964         6. The department shall adopt rules governing the manner
  965  and form of refund applications and may establish guidelines as
  966  to the requisites for an affirmative showing of qualification
  967  for exemption under this paragraph.
  968         7. The department shall deduct an amount equal to 10
  969  percent of each refund granted under the provisions of this
  970  paragraph from the amount transferred into the Local Government
  971  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
  972  for the county area in which the rehabilitated real property is
  973  located and shall transfer that amount to the General Revenue
  974  Fund.
  975         8. For the purposes of the exemption provided in this
  976  paragraph:
  977         a. “Building materials” means tangible personal property
  978  which becomes a component part of improvements to real property.
  979         b. “Real property” has the same meaning as provided in s.
  980  192.001(12).
  981         c. “Rehabilitation of real property” means the
  982  reconstruction, renovation, restoration, rehabilitation,
  983  construction, or expansion of improvements to real property.
  984         d. “Substantially completed” has the same meaning as
  985  provided in s. 192.042(1).
  986         9. This paragraph expires on the date specified in s.
  987  290.016 for the expiration of the Florida Enterprise Zone Act.
  988         (h) Business property used in an enterprise zone.
  989         1. Business property purchased for use by businesses
  990  located in an enterprise zone which is subsequently used in an
  991  enterprise zone shall be exempt from the tax imposed by this
  992  chapter. This exemption inures to the business only through a
  993  refund of previously paid taxes. A refund shall be authorized
  994  upon an affirmative showing by the taxpayer to the satisfaction
  995  of the department that the requirements of this paragraph have
  996  been met.
  997         2. To receive a refund, the business must file under oath
  998  with the governing body or enterprise zone development agency
  999  having jurisdiction over the enterprise zone where the business
 1000  is located, as applicable, an application which includes:
 1001         a. The name and address of the business claiming the
 1002  refund.
 1003         b. The identifying number assigned pursuant to s. 290.0065
 1004  to the enterprise zone in which the business is located.
 1005         c. A specific description of the property for which a
 1006  refund is sought, including its serial number or other permanent
 1007  identification number.
 1008         d. The location of the property.
 1009         e. The sales invoice or other proof of purchase of the
 1010  property, showing the amount of sales tax paid, the date of
 1011  purchase, and the name and address of the sales tax dealer from
 1012  whom the property was purchased.
 1013         f. Whether the business is a small business as defined by
 1014  s. 288.703(1).
 1015         g. If applicable, the name and address of each permanent
 1016  employee of the business, including, for each employee who is a
 1017  resident of an enterprise zone, the identifying number assigned
 1018  pursuant to s. 290.0065 to the enterprise zone in which the
 1019  employee resides.
 1020         3. Within 10 working days after receipt of an application,
 1021  the governing body or enterprise zone development agency shall
 1022  review the application to determine if it contains all the
 1023  information required pursuant to subparagraph 2. and meets the
 1024  criteria set out in this paragraph. The governing body or agency
 1025  shall certify all applications that contain the information
 1026  required pursuant to subparagraph 2. and meet the criteria set
 1027  out in this paragraph as eligible to receive a refund. If
 1028  applicable, the governing body or agency shall also certify if
 1029  20 percent of the employees of the business are residents of an
 1030  enterprise zone, excluding temporary and part-time employees.
 1031  The certification shall be in writing, and a copy of the
 1032  certification shall be transmitted to the executive director of
 1033  the Department of Revenue. The business shall be responsible for
 1034  forwarding a certified application to the department within the
 1035  time specified in subparagraph 4.
 1036         4. An application for a refund pursuant to this paragraph
 1037  must be submitted to the department within 6 months after the
 1038  tax is due on the business property that is purchased.
 1039         5. The amount refunded on purchases of business property
 1040  under this paragraph shall be the lesser of 97 percent of the
 1041  sales tax paid on such business property or $5,000, or, if no
 1042  less than 20 percent of the employees of the business are
 1043  residents of an enterprise zone, excluding temporary and part
 1044  time employees, the amount refunded on purchases of business
 1045  property under this paragraph shall be the lesser of 97 percent
 1046  of the sales tax paid on such business property or $10,000. A
 1047  refund approved pursuant to this paragraph shall be made within
 1048  30 days of formal approval by the department of the application
 1049  for the refund. No refund shall be granted under this paragraph
 1050  unless the amount to be refunded exceeds $100 in sales tax paid
 1051  on purchases made within a 60-day time period.
 1052         6. The department shall adopt rules governing the manner
 1053  and form of refund applications and may establish guidelines as
 1054  to the requisites for an affirmative showing of qualification
 1055  for exemption under this paragraph.
 1056         7. If the department determines that the business property
 1057  is used outside an enterprise zone within 3 years from the date
 1058  of purchase, the amount of taxes refunded to the business
 1059  purchasing such business property shall immediately be due and
 1060  payable to the department by the business, together with the
 1061  appropriate interest and penalty, computed from the date of
 1062  purchase, in the manner provided by this chapter.
 1063  Notwithstanding this subparagraph, business property used
 1064  exclusively in:
 1065         a. Licensed commercial fishing vessels,
 1066         b. Fishing guide boats, or
 1067         c. Ecotourism guide boats
 1068  
 1069  that leave and return to a fixed location within an area
 1070  designated under s. 379.2353 are eligible for the exemption
 1071  provided under this paragraph if all requirements of this
 1072  paragraph are met. Such vessels and boats must be owned by a
 1073  business that is eligible to receive the exemption provided
 1074  under this paragraph. This exemption does not apply to the
 1075  purchase of a vessel or boat.
 1076         8. The department shall deduct an amount equal to 10
 1077  percent of each refund granted under the provisions of this
 1078  paragraph from the amount transferred into the Local Government
 1079  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
 1080  for the county area in which the business property is located
 1081  and shall transfer that amount to the General Revenue Fund.
 1082         9. For the purposes of this exemption, “business property”
 1083  means new or used property defined as “recovery property” in s.
 1084  168(c) of the Internal Revenue Code of 1954, as amended, except:
 1085         a. Property classified as 3-year property under s.
 1086  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
 1087         b. Industrial machinery and equipment as defined in sub
 1088  subparagraph (b)6.a. and eligible for exemption under paragraph
 1089  (b);
 1090         c. Building materials as defined in sub-subparagraph
 1091  (g)8.a.; and
 1092         d. Business property having a sales price of under $5,000
 1093  per unit.
 1094         10. This paragraph expires on the date specified in s.
 1095  290.016 for the expiration of the Florida Enterprise Zone Act.
 1096         (i) Aircraft modification services.—There shall be exempt
 1097  from the tax imposed by this chapter all charges for aircraft
 1098  modification services, including parts and equipment furnished
 1099  or installed in connection therewith, performed under authority
 1100  of a supplemental type certificate issued by the Federal
 1101  Aviation Administration.
 1102         (j) Machinery and equipment used in semiconductor, defense,
 1103  or space technology production.
 1104         1.a. Industrial machinery and equipment used in
 1105  semiconductor technology facilities certified under subparagraph
 1106  5. to manufacture, process, compound, or produce semiconductor
 1107  technology products for sale or for use by these facilities are
 1108  exempt from the tax imposed by this chapter. For purposes of
 1109  this paragraph, industrial machinery and equipment includes
 1110  molds, dies, machine tooling, other appurtenances or accessories
 1111  to machinery and equipment, testing equipment, test beds,
 1112  computers, and software, whether purchased or self-fabricated,
 1113  and, if self-fabricated, includes materials and labor for
 1114  design, fabrication, and assembly.
 1115         b. Industrial machinery and equipment used in defense or
 1116  space technology facilities certified under subparagraph 5. to
 1117  design, manufacture, assemble, process, compound, or produce
 1118  defense technology products or space technology products for
 1119  sale or for use by these facilities are exempt from the tax
 1120  imposed by this chapter.
 1121         2. Building materials purchased for use in manufacturing or
 1122  expanding clean rooms in semiconductor-manufacturing facilities
 1123  are exempt from the tax imposed by this chapter.
 1124         3. In addition to meeting the criteria mandated by
 1125  subparagraph 1. or subparagraph 2., a business must be certified
 1126  by the Office of Tourism, Trade, and Economic Development as
 1127  authorized in this paragraph in order to qualify for exemption
 1128  under this paragraph.
 1129         4. For items purchased tax-exempt pursuant to this
 1130  paragraph, possession of a written certification from the
 1131  purchaser, certifying the purchaser’s entitlement to exemption
 1132  pursuant to this paragraph, relieves the seller of the
 1133  responsibility of collecting the tax on the sale of such items,
 1134  and the department shall look solely to the purchaser for
 1135  recovery of tax if it determines that the purchaser was not
 1136  entitled to the exemption.
 1137         5.a. To be eligible to receive the exemption provided by
 1138  subparagraph 1. or subparagraph 2., a qualifying business entity
 1139  shall apply initially to Enterprise Florida, Inc. The original
 1140  certification shall be valid for a period of 2 years. In lieu of
 1141  submitting a new application, the original certification may be
 1142  renewed biennially by submitting to the Office of Tourism,
 1143  Trade, and Economic Development a statement, certified under
 1144  oath, that there has been no material change in the conditions
 1145  or circumstances entitling the business entity to the original
 1146  certification. The initial application and the certification
 1147  renewal statement shall be developed by the Office of Tourism,
 1148  Trade, and Economic Development in consultation with Enterprise
 1149  Florida, Inc.
 1150         b. Enterprise Florida, Inc., shall review each submitted
 1151  initial application and information and determine whether or not
 1152  the application is complete within 5 working days. Once an
 1153  application is complete, Enterprise Florida, Inc., shall, within
 1154  10 working days, evaluate the application and recommend approval
 1155  or disapproval of the application to the Office of Tourism,
 1156  Trade, and Economic Development.
 1157         c. Upon receipt of the initial application and
 1158  recommendation from Enterprise Florida, Inc., or upon receipt of
 1159  a certification renewal statement, the Office of Tourism, Trade,
 1160  and Economic Development shall certify within 5 working days
 1161  those applicants who are found to meet the requirements of this
 1162  section and notify the applicant, Enterprise Florida, Inc., and
 1163  the department of the original certification or certification
 1164  renewal. If the Office of Tourism, Trade, and Economic
 1165  Development finds that the applicant does not meet the
 1166  requirements of this section, it shall notify the applicant and
 1167  Enterprise Florida, Inc., within 10 working days that the
 1168  application for certification has been denied and the reasons
 1169  for denial. The Office of Tourism, Trade, and Economic
 1170  Development has final approval authority for certification under
 1171  this section.
 1172         d. The initial application and certification renewal
 1173  statement must indicate, for program evaluation purposes only,
 1174  the average number of full-time equivalent employees at the
 1175  facility over the preceding calendar year, the average wage and
 1176  benefits paid to those employees over the preceding calendar
 1177  year, the total investment made in real and tangible personal
 1178  property over the preceding calendar year, and the total value
 1179  of tax-exempt purchases and taxes exempted during the previous
 1180  year. The department shall assist the Office of Tourism, Trade,
 1181  and Economic Development in evaluating and verifying information
 1182  provided in the application for exemption.
 1183         e. The Office of Tourism, Trade, and Economic Development
 1184  may use the information reported on the initial application and
 1185  certification renewal statement for evaluation purposes only and
 1186  shall prepare an annual report on the exemption program and its
 1187  cost and impact. The annual report for the preceding fiscal year
 1188  shall be submitted to the Governor, the President of the Senate,
 1189  and the Speaker of the House of Representatives by September 30
 1190  of each fiscal year.
 1191         6. A business certified to receive this exemption may elect
 1192  to designate one or more state universities or community
 1193  colleges as recipients of up to 100 percent of the amount of the
 1194  exemption for which they may qualify. To receive these funds,
 1195  the institution must agree to match the funds so earned with
 1196  equivalent cash, programs, services, or other in-kind support on
 1197  a one-to-one basis in the pursuit of research and development
 1198  projects as requested by the certified business. The rights to
 1199  any patents, royalties, or real or intellectual property must be
 1200  vested in the business unless otherwise agreed to by the
 1201  business and the university or community college.
 1202         7. As used in this paragraph, the term:
 1203         a. “Semiconductor technology products” means raw
 1204  semiconductor wafers or semiconductor thin films that are
 1205  transformed into semiconductor memory or logic wafers, including
 1206  wafers containing mixed memory and logic circuits; related
 1207  assembly and test operations; active-matrix flat panel displays;
 1208  semiconductor chips; semiconductor lasers; optoelectronic
 1209  elements; and related semiconductor technology products as
 1210  determined by the Office of Tourism, Trade, and Economic
 1211  Development.
 1212         b. “Clean rooms” means manufacturing facilities enclosed in
 1213  a manner that meets the clean manufacturing requirements
 1214  necessary for high-technology semiconductor-manufacturing
 1215  environments.
 1216         c. “Defense technology products” means products that have a
 1217  military application, including, but not limited to, weapons,
 1218  weapons systems, guidance systems, surveillance systems,
 1219  communications or information systems, munitions, aircraft,
 1220  vessels, or boats, or components thereof, which are intended for
 1221  military use and manufactured in performance of a contract with
 1222  the United States Department of Defense or the military branch
 1223  of a recognized foreign government or a subcontract thereunder
 1224  which relates to matters of national defense.
 1225         d. “Space technology products” means products that are
 1226  specifically designed or manufactured for application in space
 1227  activities, including, but not limited to, space launch
 1228  vehicles, space flight vehicles, missiles, satellites or
 1229  research payloads, avionics, and associated control systems and
 1230  processing systems and components of any of the foregoing. The
 1231  term does not include products that are designed or manufactured
 1232  for general commercial aviation or other uses even though those
 1233  products may also serve an incidental use in space applications.
 1234         (k) Samples.—Paint color card samples, flooring and wall
 1235  samples, fabric swatch samples, window covering samples, and
 1236  similar samples, when such samples serve no useful purpose other
 1237  than as a comparison of color, texture, or design; are provided
 1238  by the manufacturer to a dealer or ultimate consumer for no
 1239  charge; and are given away by the dealer to the ultimate
 1240  consumer for no charge, are exempt.
 1241         (l) Growth enhancers or performance enhancers for cattle.
 1242  There is exempt from the tax imposed by this chapter the sale of
 1243  performance-enhancing or growth-enhancing products for cattle.
 1244         (m) Educational materials purchased by certain child care
 1245  facilities.—Educational materials, such as glue, paper, paints,
 1246  crayons, unique craft items, scissors, books, and educational
 1247  toys, purchased by a child care facility that meets the
 1248  standards delineated in s. 402.305, is licensed under s.
 1249  402.308, holds a current Gold Seal Quality Care designation
 1250  pursuant to s. 402.281, and provides basic health insurance to
 1251  all employees are exempt from the taxes imposed by this chapter.
 1252  For purposes of this paragraph, the term “basic health
 1253  insurance” shall be defined and promulgated in rules developed
 1254  jointly by the Department of Children and Family Services, the
 1255  Agency for Health Care Administration, and the Financial
 1256  Services Commission.
 1257         (n) Materials for construction of single-family homes in
 1258  certain areas.
 1259         1. As used in this paragraph, the term:
 1260         a. “Building materials” means tangible personal property
 1261  that becomes a component part of a qualified home.
 1262         b. “Qualified home” means a single-family home having an
 1263  appraised value of no more than $160,000 which is located in an
 1264  enterprise zone, empowerment zone, or Front Porch Florida
 1265  Community and which is constructed and occupied by the owner
 1266  thereof for residential purposes.
 1267         c. “Substantially completed” has the same meaning as
 1268  provided in s. 192.042(1).
 1269         2. Building materials used in the construction of a
 1270  qualified home and the costs of labor associated with the
 1271  construction of a qualified home are exempt from the tax imposed
 1272  by this chapter upon an affirmative showing to the satisfaction
 1273  of the department that the requirements of this paragraph have
 1274  been met. This exemption inures to the owner through a refund of
 1275  previously paid taxes. To receive this refund, the owner must
 1276  file an application under oath with the department which
 1277  includes:
 1278         a. The name and address of the owner.
 1279         b. The address and assessment roll parcel number of the
 1280  home for which a refund is sought.
 1281         c. A copy of the building permit issued for the home.
 1282         d. A certification by the local building code inspector
 1283  that the home is substantially completed.
 1284         e. A sworn statement, under penalty of perjury, from the
 1285  general contractor licensed in this state with whom the owner
 1286  contracted to construct the home, which statement lists the
 1287  building materials used in the construction of the home and the
 1288  actual cost thereof, the labor costs associated with such
 1289  construction, and the amount of sales tax paid on these
 1290  materials and labor costs. If a general contractor was not used,
 1291  the owner shall provide this information in a sworn statement,
 1292  under penalty of perjury. Copies of invoices evidencing payment
 1293  of sales tax must be attached to the sworn statement.
 1294         f. A sworn statement, under penalty of perjury, from the
 1295  owner affirming that he or she is occupying the home for
 1296  residential purposes.
 1297         3. An application for a refund under this paragraph must be
 1298  submitted to the department within 6 months after the date the
 1299  home is deemed to be substantially completed by the local
 1300  building code inspector. Within 30 working days after receipt of
 1301  the application, the department shall determine if it meets the
 1302  requirements of this paragraph. A refund approved pursuant to
 1303  this paragraph shall be made within 30 days after formal
 1304  approval of the application by the department.
 1305         4. The department shall establish by rule an application
 1306  form and criteria for establishing eligibility for exemption
 1307  under this paragraph.
 1308         5. The exemption shall apply to purchases of materials on
 1309  or after July 1, 2000.
 1310         (o) Building materials in redevelopment projects.
 1311         1. As used in this paragraph, the term:
 1312         a. “Building materials” means tangible personal property
 1313  that becomes a component part of a housing project or a mixed
 1314  use project.
 1315         b. “Housing project” means the conversion of an existing
 1316  manufacturing or industrial building to housing units in an
 1317  urban high-crime area, enterprise zone, empowerment zone, Front
 1318  Porch Community, designated brownfield area, or urban infill
 1319  area and in which the developer agrees to set aside at least 20
 1320  percent of the housing units in the project for low-income and
 1321  moderate-income persons or the construction in a designated
 1322  brownfield area of affordable housing for persons described in
 1323  s. 420.0004(8), (10), (11), or (15) or in s. 159.603(7).
 1324         c. “Mixed-use project” means the conversion of an existing
 1325  manufacturing or industrial building to mixed-use units that
 1326  include artists’ studios, art and entertainment services, or
 1327  other compatible uses. A mixed-use project must be located in an
 1328  urban high-crime area, enterprise zone, empowerment zone, Front
 1329  Porch Community, designated brownfield area, or urban infill
 1330  area, and the developer must agree to set aside at least 20
 1331  percent of the square footage of the project for low-income and
 1332  moderate-income housing.
 1333         d. “Substantially completed” has the same meaning as
 1334  provided in s. 192.042(1).
 1335         2. Building materials used in the construction of a housing
 1336  project or mixed-use project are exempt from the tax imposed by
 1337  this chapter upon an affirmative showing to the satisfaction of
 1338  the department that the requirements of this paragraph have been
 1339  met. This exemption inures to the owner through a refund of
 1340  previously paid taxes. To receive this refund, the owner must
 1341  file an application under oath with the department which
 1342  includes:
 1343         a. The name and address of the owner.
 1344         b. The address and assessment roll parcel number of the
 1345  project for which a refund is sought.
 1346         c. A copy of the building permit issued for the project.
 1347         d. A certification by the local building code inspector
 1348  that the project is substantially completed.
 1349         e. A sworn statement, under penalty of perjury, from the
 1350  general contractor licensed in this state with whom the owner
 1351  contracted to construct the project, which statement lists the
 1352  building materials used in the construction of the project and
 1353  the actual cost thereof, and the amount of sales tax paid on
 1354  these materials. If a general contractor was not used, the owner
 1355  shall provide this information in a sworn statement, under
 1356  penalty of perjury. Copies of invoices evidencing payment of
 1357  sales tax must be attached to the sworn statement.
 1358         3. An application for a refund under this paragraph must be
 1359  submitted to the department within 6 months after the date the
 1360  project is deemed to be substantially completed by the local
 1361  building code inspector. Within 30 working days after receipt of
 1362  the application, the department shall determine if it meets the
 1363  requirements of this paragraph. A refund approved pursuant to
 1364  this paragraph shall be made within 30 days after formal
 1365  approval of the application by the department.
 1366         4. The department shall establish by rule an application
 1367  form and criteria for establishing eligibility for exemption
 1368  under this paragraph.
 1369         5. The exemption shall apply to purchases of materials on
 1370  or after July 1, 2000.
 1371         (p) Community contribution tax credit for donations.
 1372         1. Authorization.—Persons who are registered with the
 1373  department under s. 212.18 to collect or remit sales or use tax
 1374  and who make donations to eligible sponsors are eligible for tax
 1375  credits against their state sales and use tax liabilities as
 1376  provided in this paragraph:
 1377         a. The credit shall be computed as 50 percent of the
 1378  person’s approved annual community contribution.
 1379         b. The credit shall be granted as a refund against state
 1380  sales and use taxes reported on returns and remitted in the 12
 1381  months preceding the date of application to the department for
 1382  the credit as required in sub-subparagraph 3.c. If the annual
 1383  credit is not fully used through such refund because of
 1384  insufficient tax payments during the applicable 12-month period,
 1385  the unused amount may be included in an application for a refund
 1386  made pursuant to sub-subparagraph 3.c. in subsequent years
 1387  against the total tax payments made for such year. Carryover
 1388  credits may be applied for a 3-year period without regard to any
 1389  time limitation that would otherwise apply under s. 215.26.
 1390         c. A person may not receive more than $200,000 in annual
 1391  tax credits for all approved community contributions made in any
 1392  one year.
 1393         d. All proposals for the granting of the tax credit require
 1394  the prior approval of the Office of Tourism, Trade, and Economic
 1395  Development.
 1396         e. The total amount of tax credits which may be granted for
 1397  all programs approved under this paragraph, s. 220.183, and s.
 1398  624.5105 is $10.5 million annually for projects that provide
 1399  homeownership opportunities for low-income or very-low-income
 1400  households as defined in s. 420.9071(19) and (28) and $3.5
 1401  million annually for all other projects.
 1402         f. A person who is eligible to receive the credit provided
 1403  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 1404  the credit only under the one section of the person’s choice.
 1405         2. Eligibility requirements.—
 1406         a. A community contribution by a person must be in the
 1407  following form:
 1408         (I) Cash or other liquid assets;
 1409         (II) Real property;
 1410         (III) Goods or inventory; or
 1411         (IV) Other physical resources as identified by the Office
 1412  of Tourism, Trade, and Economic Development.
 1413         b. All community contributions must be reserved exclusively
 1414  for use in a project. As used in this sub-subparagraph, the term
 1415  “project” means any activity undertaken by an eligible sponsor
 1416  which is designed to construct, improve, or substantially
 1417  rehabilitate housing that is affordable to low-income or very
 1418  low-income households as defined in s. 420.9071(19) and (28);
 1419  designed to provide commercial, industrial, or public resources
 1420  and facilities; or designed to improve entrepreneurial and job
 1421  development opportunities for low-income persons. A project may
 1422  be the investment necessary to increase access to high-speed
 1423  broadband capability in rural communities with enterprise zones,
 1424  including projects that result in improvements to communications
 1425  assets that are owned by a business. A project may include the
 1426  provision of museum educational programs and materials that are
 1427  directly related to any project approved between January 1,
 1428  1996, and December 31, 1999, and located in an enterprise zone
 1429  designated pursuant to s. 290.0065. This paragraph does not
 1430  preclude projects that propose to construct or rehabilitate
 1431  housing for low-income or very-low-income households on
 1432  scattered sites. With respect to housing, contributions may be
 1433  used to pay the following eligible low-income and very-low
 1434  income housing-related activities:
 1435         (I) Project development impact and management fees for low
 1436  income or very-low-income housing projects;
 1437         (II) Down payment and closing costs for eligible persons,
 1438  as defined in s. 420.9071(19) and (28);
 1439         (III) Administrative costs, including housing counseling
 1440  and marketing fees, not to exceed 10 percent of the community
 1441  contribution, directly related to low-income or very-low-income
 1442  projects; and
 1443         (IV) Removal of liens recorded against residential property
 1444  by municipal, county, or special district local governments when
 1445  satisfaction of the lien is a necessary precedent to the
 1446  transfer of the property to an eligible person, as defined in s.
 1447  420.9071(19) and (28), for the purpose of promoting home
 1448  ownership. Contributions for lien removal must be received from
 1449  a nonrelated third party.
 1450         c. The project must be undertaken by an “eligible sponsor,”
 1451  which includes:
 1452         (I) A community action program;
 1453         (II) A nonprofit community-based development organization
 1454  whose mission is the provision of housing for low-income or
 1455  very-low-income households or increasing entrepreneurial and
 1456  job-development opportunities for low-income persons;
 1457         (III) A neighborhood housing services corporation;
 1458         (IV) A local housing authority created under chapter 421;
 1459         (V) A community redevelopment agency created under s.
 1460  163.356;
 1461         (VI) The Florida Industrial Development Corporation;
 1462         (VII) A historic preservation district agency or
 1463  organization;
 1464         (VIII) A regional workforce board;
 1465         (IX) A direct-support organization as provided in s.
 1466  1009.983;
 1467         (X) An enterprise zone development agency created under s.
 1468  290.0056;
 1469         (XI) A community-based organization incorporated under
 1470  chapter 617 which is recognized as educational, charitable, or
 1471  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 1472  and whose bylaws and articles of incorporation include
 1473  affordable housing, economic development, or community
 1474  development as the primary mission of the corporation;
 1475         (XII) Units of local government;
 1476         (XIII) Units of state government; or
 1477         (XIV) Any other agency that the Office of Tourism, Trade,
 1478  and Economic Development designates by rule.
 1479  
 1480  In no event may a contributing person have a financial interest
 1481  in the eligible sponsor.
 1482         d. The project must be located in an area designated an
 1483  enterprise zone or a Front Porch Florida Community pursuant to
 1484  s. 20.18(6), unless the project increases access to high-speed
 1485  broadband capability for rural communities with enterprise zones
 1486  but is physically located outside the designated rural zone
 1487  boundaries. Any project designed to construct or rehabilitate
 1488  housing for low-income or very-low-income households as defined
 1489  in s. 420.9071(19) and (28) is exempt from the area requirement
 1490  of this sub-subparagraph.
 1491         e.(I) If, during the first 10 business days of the state
 1492  fiscal year, eligible tax credit applications for projects that
 1493  provide homeownership opportunities for low-income or very-low
 1494  income households as defined in s. 420.9071(19) and (28) are
 1495  received for less than the annual tax credits available for
 1496  those projects, the Office of Tourism, Trade, and Economic
 1497  Development shall grant tax credits for those applications and
 1498  shall grant remaining tax credits on a first-come, first-served
 1499  basis for any subsequent eligible applications received before
 1500  the end of the state fiscal year. If, during the first 10
 1501  business days of the state fiscal year, eligible tax credit
 1502  applications for projects that provide homeownership
 1503  opportunities for low-income or very-low-income households as
 1504  defined in s. 420.9071(19) and (28) are received for more than
 1505  the annual tax credits available for those projects, the office
 1506  shall grant the tax credits for those applications as follows:
 1507         (A) If tax credit applications submitted for approved
 1508  projects of an eligible sponsor do not exceed $200,000 in total,
 1509  the credits shall be granted in full if the tax credit
 1510  applications are approved.
 1511         (B) If tax credit applications submitted for approved
 1512  projects of an eligible sponsor exceed $200,000 in total, the
 1513  amount of tax credits granted pursuant to sub-sub-sub
 1514  subparagraph (A) shall be subtracted from the amount of
 1515  available tax credits, and the remaining credits shall be
 1516  granted to each approved tax credit application on a pro rata
 1517  basis.
 1518         (II) If, during the first 10 business days of the state
 1519  fiscal year, eligible tax credit applications for projects other
 1520  than those that provide homeownership opportunities for low
 1521  income or very-low-income households as defined in s.
 1522  420.9071(19) and (28) are received for less than the annual tax
 1523  credits available for those projects, the office shall grant tax
 1524  credits for those applications and shall grant remaining tax
 1525  credits on a first-come, first-served basis for any subsequent
 1526  eligible applications received before the end of the state
 1527  fiscal year. If, during the first 10 business days of the state
 1528  fiscal year, eligible tax credit applications for projects other
 1529  than those that provide homeownership opportunities for low
 1530  income or very-low-income households as defined in s.
 1531  420.9071(19) and (28) are received for more than the annual tax
 1532  credits available for those projects, the office shall grant the
 1533  tax credits for those applications on a pro rata basis.
 1534         3. Application requirements.—
 1535         a. Any eligible sponsor seeking to participate in this
 1536  program must submit a proposal to the Office of Tourism, Trade,
 1537  and Economic Development which sets forth the name of the
 1538  sponsor, a description of the project, and the area in which the
 1539  project is located, together with such supporting information as
 1540  is prescribed by rule. The proposal must also contain a
 1541  resolution from the local governmental unit in which the project
 1542  is located certifying that the project is consistent with local
 1543  plans and regulations.
 1544         b. Any person seeking to participate in this program must
 1545  submit an application for tax credit to the office which sets
 1546  forth the name of the sponsor, a description of the project, and
 1547  the type, value, and purpose of the contribution. The sponsor
 1548  shall verify the terms of the application and indicate its
 1549  receipt of the contribution, which verification must be in
 1550  writing and accompany the application for tax credit. The person
 1551  must submit a separate tax credit application to the office for
 1552  each individual contribution that it makes to each individual
 1553  project.
 1554         c. Any person who has received notification from the office
 1555  that a tax credit has been approved must apply to the department
 1556  to receive the refund. Application must be made on the form
 1557  prescribed for claiming refunds of sales and use taxes and be
 1558  accompanied by a copy of the notification. A person may submit
 1559  only one application for refund to the department within any 12
 1560  month period.
 1561         4. Administration.—
 1562         a. The Office of Tourism, Trade, and Economic Development
 1563  may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
 1564  to administer this paragraph, including rules for the approval
 1565  or disapproval of proposals by a person.
 1566         b. The decision of the office must be in writing, and, if
 1567  approved, the notification shall state the maximum credit
 1568  allowable to the person. Upon approval, the office shall
 1569  transmit a copy of the decision to the Department of Revenue.
 1570         c. The office shall periodically monitor all projects in a
 1571  manner consistent with available resources to ensure that
 1572  resources are used in accordance with this paragraph; however,
 1573  each project must be reviewed at least once every 2 years.
 1574         d. The office shall, in consultation with the Department of
 1575  Community Affairs and the statewide and regional housing and
 1576  financial intermediaries, market the availability of the
 1577  community contribution tax credit program to community-based
 1578  organizations.
 1579         5. Notwithstanding sub-subparagraph 1.e., and for the 2008
 1580  2009 fiscal year only, the total amount of tax credit which may
 1581  be granted for all programs approved under this section and ss.
 1582  220.183 and 624.5105 is $13 million annually for projects that
 1583  provide homeownership opportunities for low-income or very-low
 1584  income households as defined in s. 420.9071(19) and (28) and
 1585  $3.5 million annually for all other projects. This subparagraph
 1586  expires June 30, 2009.
 1587         6. Expiration.—This paragraph expires June 30, 2015;
 1588  however, any accrued credit carryover that is unused on that
 1589  date may be used until the expiration of the 3-year carryover
 1590  period for such credit.
 1591         (6) EXEMPTIONS; POLITICAL SUBDIVISIONS.—There are also
 1592  exempt from the tax imposed by this chapter sales made to the
 1593  United States Government, a state, or any county, municipality,
 1594  or political subdivision of a state when payment is made
 1595  directly to the dealer by the governmental entity. This
 1596  exemption shall not inure to any transaction otherwise taxable
 1597  under this chapter when payment is made by a government employee
 1598  by any means, including, but not limited to, cash, check, or
 1599  credit card when that employee is subsequently reimbursed by the
 1600  governmental entity. This exemption does not include sales of
 1601  tangible personal property made to contractors employed either
 1602  directly or as agents of any such government or political
 1603  subdivision thereof when such tangible personal property goes
 1604  into or becomes a part of public works owned by such government
 1605  or political subdivision. A determination whether a particular
 1606  transaction is properly characterized as an exempt sale to a
 1607  government entity or a taxable sale to a contractor shall be
 1608  based on the substance of the transaction rather than the form
 1609  in which the transaction is cast. The department shall adopt
 1610  rules that give special consideration to factors that govern the
 1611  status of the tangible personal property before its affixation
 1612  to real property. In developing these rules, assumption of the
 1613  risk of damage or loss is of paramount consideration in the
 1614  determination. This exemption does not include sales, rental,
 1615  use, consumption, or storage for use in any political
 1616  subdivision or municipality in this state of machines and
 1617  equipment and parts and accessories therefor used in the
 1618  generation, transmission, or distribution of electrical energy
 1619  by systems owned and operated by a political subdivision in this
 1620  state for transmission or distribution expansion. Likewise
 1621  exempt are charges for services rendered by radio and television
 1622  stations, including line charges, talent fees, or license fees
 1623  and charges for films, videotapes, and transcriptions used in
 1624  producing radio or television broadcasts. The exemption provided
 1625  in this subsection does not include sales, rental, use,
 1626  consumption, or storage for use in any political subdivision or
 1627  municipality in this state of machines and equipment and parts
 1628  and accessories therefor used in providing two-way
 1629  telecommunications services to the public for hire by the use of
 1630  a telecommunications facility, as defined in s. 364.02(15), and
 1631  for which a certificate is required under chapter 364, which
 1632  facility is owned and operated by any county, municipality, or
 1633  other political subdivision of the state. Any immunity of any
 1634  political subdivision of the state or other entity of local
 1635  government from taxation of the property used to provide
 1636  telecommunication services that is taxed as a result of this
 1637  section is hereby waived. However, the exemption provided in
 1638  this subsection includes transactions taxable under this chapter
 1639  which are for use by the operator of a public-use airport, as
 1640  defined in s. 332.004, in providing such telecommunications
 1641  services for the airport or its tenants, concessionaires, or
 1642  licensees, or which are for use by a public hospital for the
 1643  provision of such telecommunications services.
 1644         (3)(7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 1645  entity by this chapter do not inure to any transaction that is
 1646  otherwise taxable under this chapter when payment is made by a
 1647  representative or employee of the entity by any means,
 1648  including, but not limited to, cash, check, or credit card, even
 1649  when that representative or employee is subsequently reimbursed
 1650  by the entity. In addition, exemptions provided to any entity by
 1651  this subsection do not inure to any transaction that is
 1652  otherwise taxable under this chapter unless the entity has
 1653  obtained a sales tax exemption certificate from the department
 1654  or the entity obtains or provides other documentation as
 1655  required by the department. Eligible purchases or leases made
 1656  with such a certificate must be in strict compliance with this
 1657  subsection and departmental rules, and any person who makes an
 1658  exempt purchase with a certificate that is not in strict
 1659  compliance with this subsection and the rules is liable for and
 1660  shall pay the tax. The department may adopt rules to administer
 1661  this subsection.
 1662         (a) Artificial commemorative flowers.—Exempt from the tax
 1663  imposed by this chapter is the sale of artificial commemorative
 1664  flowers by bona fide nationally chartered veterans’
 1665  organizations.
 1666         (b) Boiler fuels.—When purchased for use as a combustible
 1667  fuel, purchases of natural gas, residual oil, recycled oil,
 1668  waste oil, solid waste material, coal, sulfur, wood, wood
 1669  residues or wood bark used in an industrial manufacturing,
 1670  processing, compounding, or production process at a fixed
 1671  location in this state are exempt from the taxes imposed by this
 1672  chapter; however, such exemption shall not be allowed unless the
 1673  purchaser signs a certificate stating that the fuel to be
 1674  exempted is for the exclusive use designated herein. This
 1675  exemption does not apply to the use of boiler fuels that are not
 1676  used in manufacturing, processing, compounding, or producing
 1677  items of tangible personal property for sale, or to the use of
 1678  boiler fuels used by any firm subject to regulation by the
 1679  Division of Hotels and Restaurants of the Department of Business
 1680  and Professional Regulation.
 1681         (c) Crustacea bait.—Also exempt from the tax imposed by
 1682  this chapter is the purchase by commercial fishers of bait
 1683  intended solely for use in the entrapment of Callinectes sapidus
 1684  and Menippe mercenaria.
 1685         (d) Feeds.—Feeds for poultry, ostriches, and livestock,
 1686  including racehorses and dairy cows, are exempt.
 1687         (e) Film rentals.—Film rentals are exempt when an admission
 1688  is charged for viewing such film, and license fees and direct
 1689  charges for films, videotapes, and transcriptions used by
 1690  television or radio stations or networks are exempt.
 1691         (f) Flags.—Also exempt are sales of the flag of the United
 1692  States and the official state flag of Florida.
 1693         (g) Florida Retired Educators Association and its local
 1694  chapters.—Also exempt from payment of the tax imposed by this
 1695  chapter are purchases of office supplies, equipment, and
 1696  publications made by the Florida Retired Educators Association
 1697  and its local chapters.
 1698         (a)(h)Guide dogs for the blind.—Also exempt are the sale
 1699  or rental of guide dogs for the blind, commonly referred to as
 1700  “seeing-eye dogs,” and the sale of food or other items for such
 1701  guide dogs.
 1702         1. The department shall issue a consumer’s certificate of
 1703  exemption to any blind person who holds an identification card
 1704  as provided for in s. 413.091 and who either owns or rents, or
 1705  contemplates the ownership or rental of, a guide dog for the
 1706  blind. The consumer’s certificate of exemption shall be issued
 1707  without charge and shall be of such size as to be capable of
 1708  being carried in a wallet or billfold.
 1709         2. The department shall make such rules concerning items
 1710  exempt from tax under the provisions of this paragraph as may be
 1711  necessary to provide that any person authorized to have a
 1712  consumer’s certificate of exemption need only present such a
 1713  certificate at the time of paying for exempt goods and shall not
 1714  be required to pay any tax thereon.
 1715         (i) Hospital meals and rooms.—Also exempt from payment of
 1716  the tax imposed by this chapter on rentals and meals are
 1717  patients and inmates of any hospital or other physical plant or
 1718  facility designed and operated primarily for the care of persons
 1719  who are ill, aged, infirm, mentally or physically incapacitated,
 1720  or otherwise dependent on special care or attention. Residents
 1721  of a home for the aged are exempt from payment of taxes on meals
 1722  provided through the facility. A home for the aged is defined as
 1723  a facility that is licensed or certified in part or in whole
 1724  under chapter 400, chapter 429, or chapter 651, or that is
 1725  financed by a mortgage loan made or insured by the United States
 1726  Department of Housing and Urban Development under s. 202, s. 202
 1727  with a s. 8 subsidy, s. 221(d)(3) or (4), s. 232, or s. 236 of
 1728  the National Housing Act, or other such similar facility
 1729  designed and operated primarily for the care of the aged.
 1730         (b)(j)Household fuels.—Also exempt from payment of the tax
 1731  imposed by this chapter are sales of utilities to residential
 1732  households or owners of residential models in this state by
 1733  utility companies who pay the gross receipts tax imposed under
 1734  s. 203.01, and sales of fuel to residential households or owners
 1735  of residential models, including oil, kerosene, liquefied
 1736  petroleum gas, coal, wood, and other fuel products used in the
 1737  household or residential model for the purposes of heating,
 1738  cooking, lighting, and refrigeration, regardless of whether such
 1739  sales of utilities and fuels are separately metered and billed
 1740  direct to the residents or are metered and billed to the
 1741  landlord. If any part of the utility or fuel is used for a
 1742  nonexempt purpose, the entire sale is taxable. The landlord
 1743  shall provide a separate meter for nonexempt utility or fuel
 1744  consumption. For the purposes of this paragraph, licensed family
 1745  day care homes shall also be exempt.
 1746         (k) Meals provided by certain nonprofit organizations.
 1747  There is exempt from the tax imposed by this chapter the sale of
 1748  prepared meals by a nonprofit volunteer organization to
 1749  handicapped, elderly, or indigent persons when such meals are
 1750  delivered as a charitable function by the organization to such
 1751  persons at their places of residence.
 1752         (l) Organizations providing special educational, cultural,
 1753  recreational, and social benefits to minors.—Also exempt from
 1754  the tax imposed by this chapter are sales or leases to and sales
 1755  of donated property by nonprofit organizations which are
 1756  incorporated pursuant to chapter 617 the primary purpose of
 1757  which is providing activities that contribute to the development
 1758  of good character or good sportsmanship, or to the educational
 1759  or cultural development, of minors. This exemption is extended
 1760  only to that level of the organization that has a salaried
 1761  executive officer or an elected nonsalaried executive officer.
 1762  For the purpose of this paragraph, the term “donated property”
 1763  means any property transferred to such nonprofit organization
 1764  for less than 50 percent of its fair market value.
 1765         (m) Religious institutions.
 1766         1. There are exempt from the tax imposed by this chapter
 1767  transactions involving sales or leases directly to religious
 1768  institutions when used in carrying on their customary nonprofit
 1769  religious activities or sales or leases of tangible personal
 1770  property by religious institutions having an established
 1771  physical place for worship at which nonprofit religious services
 1772  and activities are regularly conducted and carried on.
 1773         2. As used in this paragraph, the term “religious
 1774  institutions” means churches, synagogues, and established
 1775  physical places for worship at which nonprofit religious
 1776  services and activities are regularly conducted and carried on.
 1777  The term “religious institutions” includes nonprofit
 1778  corporations the sole purpose of which is to provide free
 1779  transportation services to church members, their families, and
 1780  other church attendees. The term “religious institutions” also
 1781  includes nonprofit state, nonprofit district, or other nonprofit
 1782  governing or administrative offices the function of which is to
 1783  assist or regulate the customary activities of religious
 1784  institutions. The term “religious institutions” also includes
 1785  any nonprofit corporation that is qualified as nonprofit under
 1786  s. 501(c)(3) of the Internal Revenue Code of 1986, as amended,
 1787  and that owns and operates a Florida television station, at
 1788  least 90 percent of the programming of which station consists of
 1789  programs of a religious nature and the financial support for
 1790  which, exclusive of receipts for broadcasting from other
 1791  nonprofit organizations, is predominantly from contributions
 1792  from the general public. The term “religious institutions” also
 1793  includes any nonprofit corporation that is qualified as
 1794  nonprofit under s. 501(c)(3) of the Internal Revenue Code of
 1795  1986, as amended, the primary activity of which is making and
 1796  distributing audio recordings of religious scriptures and
 1797  teachings to blind or visually impaired persons at no charge.
 1798  The term “religious institutions” also includes any nonprofit
 1799  corporation that is qualified as nonprofit under s. 501(c)(3) of
 1800  the Internal Revenue Code of 1986, as amended, the sole or
 1801  primary function of which is to provide, upon invitation,
 1802  nonprofit religious services, evangelistic services, religious
 1803  education, administrative assistance, or missionary assistance
 1804  for a church, synagogue, or established physical place of
 1805  worship at which nonprofit religious services and activities are
 1806  regularly conducted.
 1807         (n) Veterans’ organizations.
 1808         1. There are exempt from the tax imposed by this chapter
 1809  transactions involving sales or leases to qualified veterans’
 1810  organizations and their auxiliaries when used in carrying on
 1811  their customary veterans’ organization activities.
 1812         2. As used in this paragraph, the term “veterans’
 1813  organizations” means nationally chartered or recognized
 1814  veterans’ organizations, including, but not limited to, Florida
 1815  chapters of the Paralyzed Veterans of America, Catholic War
 1816  Veterans of the U.S.A., Jewish War Veterans of the U.S.A., and
 1817  the Disabled American Veterans, Department of Florida, Inc.,
 1818  which hold current exemptions from federal income tax under s.
 1819  501(c)(4) or (19) of the Internal Revenue Code of 1986, as
 1820  amended.
 1821         (o) Schools, colleges, and universities.—Also exempt from
 1822  the tax imposed by this chapter are sales or leases to state
 1823  tax-supported schools, colleges, or universities.
 1824         (p) Section 501(c)(3) organizations.—Also exempt from the
 1825  tax imposed by this chapter are sales or leases to organizations
 1826  determined by the Internal Revenue Service to be currently
 1827  exempt from federal income tax pursuant to s. 501(c)(3) of the
 1828  Internal Revenue Code of 1986, as amended, when such leases or
 1829  purchases are used in carrying on their customary nonprofit
 1830  activities.
 1831         (q) Resource recovery equipment.—Also exempt is resource
 1832  recovery equipment which is owned and operated by or on behalf
 1833  of any county or municipality, certified by the Department of
 1834  Environmental Protection under the provisions of s. 403.715.
 1835         (r) School books and school lunches.—This exemption applies
 1836  to school books used in regularly prescribed courses of study,
 1837  and to school lunches served in public, parochial, or nonprofit
 1838  schools operated for and attended by pupils of grades K through
 1839  12. Yearbooks, magazines, newspapers, directories, bulletins,
 1840  and similar publications distributed by such educational
 1841  institutions to their students are also exempt. School books and
 1842  food sold or served at community colleges and other institutions
 1843  of higher learning are taxable.
 1844         (s) Tasting beverages.—Vinous and alcoholic beverages
 1845  provided by distributors or vendors for the purpose of “wine
 1846  tasting” and “spirituous beverage tasting” as contemplated under
 1847  the provisions of ss. 564.06 and 565.12, respectively, are
 1848  exempt from the tax imposed by this chapter.
 1849         (t) Boats temporarily docked in state.
 1850         1. Notwithstanding the provisions of chapter 328,
 1851  pertaining to the registration of vessels, a boat upon which the
 1852  state sales or use tax has not been paid is exempt from the use
 1853  tax under this chapter if it enters and remains in this state
 1854  for a period not to exceed a total of 20 days in any calendar
 1855  year calculated from the date of first dockage or slippage at a
 1856  facility, registered with the department, that rents dockage or
 1857  slippage space in this state. If a boat brought into this state
 1858  for use under this paragraph is placed in a facility, registered
 1859  with the department, for repairs, alterations, refitting, or
 1860  modifications and such repairs, alterations, refitting, or
 1861  modifications are supported by written documentation, the 20-day
 1862  period shall be tolled during the time the boat is physically in
 1863  the care, custody, and control of the repair facility, including
 1864  the time spent on sea trials conducted by the facility. The 20
 1865  day time period may be tolled only once within a calendar year
 1866  when a boat is placed for the first time that year in the
 1867  physical care, custody, and control of a registered repair
 1868  facility; however, the owner may request and the department may
 1869  grant an additional tolling of the 20-day period for purposes of
 1870  repairs that arise from a written guarantee given by the
 1871  registered repair facility, which guarantee covers only those
 1872  repairs or modifications made during the first tolled period.
 1873  Within 72 hours after the date upon which the registered repair
 1874  facility took possession of the boat, the facility must have in
 1875  its possession, on forms prescribed by the department, an
 1876  affidavit which states that the boat is under its care, custody,
 1877  and control and that the owner does not use the boat while in
 1878  the facility. Upon completion of the repairs, alterations,
 1879  refitting, or modifications, the registered repair facility
 1880  must, within 72 hours after the date of release, have in its
 1881  possession a copy of the release form which shows the date of
 1882  release and any other information the department requires. The
 1883  repair facility shall maintain a log that documents all
 1884  alterations, additions, repairs, and sea trials during the time
 1885  the boat is under the care, custody, and control of the
 1886  facility. The affidavit shall be maintained by the registered
 1887  repair facility as part of its records for as long as required
 1888  by s. 213.35. When, within 6 months after the date of its
 1889  purchase, a boat is brought into this state under this
 1890  paragraph, the 6-month period provided in s. 212.05(1)(a)2. or
 1891  s. 212.06(8) shall be tolled.
 1892         2. During the period of repairs, alterations, refitting, or
 1893  modifications and during the 20-day period referred to in
 1894  subparagraph 1., the boat may be listed for sale, contracted for
 1895  sale, or sold exclusively by a broker or dealer registered with
 1896  the department without incurring a use tax under this chapter;
 1897  however, the sales tax levied under this chapter applies to such
 1898  sale.
 1899         3. The mere storage of a boat at a registered repair
 1900  facility does not qualify as a tax-exempt use in this state.
 1901         4. As used in this paragraph, “registered repair facility”
 1902  means:
 1903         a. A full-service facility that:
 1904         (I) Is located on a navigable body of water;
 1905         (II) Has haulout capability such as a dry dock, travel
 1906  lift, railway, or similar equipment to service craft under the
 1907  care, custody, and control of the facility;
 1908         (III) Has adequate piers and storage facilities to provide
 1909  safe berthing of vessels in its care, custody, and control; and
 1910         (IV) Has necessary shops and equipment to provide repair or
 1911  warranty work on vessels under the care, custody, and control of
 1912  the facility;
 1913         b. A marina that:
 1914         (I) Is located on a navigable body of water;
 1915         (II) Has adequate piers and storage facilities to provide
 1916  safe berthing of vessels in its care, custody, and control; and
 1917         (III) Has necessary shops and equipment to provide repairs
 1918  or warranty work on vessels; or
 1919         c. A shoreside facility that:
 1920         (I) Is located on a navigable body of water;
 1921         (II) Has adequate piers and storage facilities to provide
 1922  safe berthing of vessels in its care, custody, and control; and
 1923         (III) Has necessary shops and equipment to provide repairs
 1924  or warranty work.
 1925         (u) Volunteer fire departments.—Also exempt are
 1926  firefighting and rescue service equipment and supplies purchased
 1927  by volunteer fire departments, duly chartered under the Florida
 1928  Statutes as corporations not for profit.
 1929         (v) Professional services.
 1930         1. Also exempted are professional, insurance, or personal
 1931  service transactions that involve sales as inconsequential
 1932  elements for which no separate charges are made.
 1933         2. The personal service transactions exempted pursuant to
 1934  subparagraph 1. do not exempt the sale of information services
 1935  involving the furnishing of printed, mimeographed, or
 1936  multigraphed matter, or matter duplicating written or printed
 1937  matter in any other manner, other than professional services and
 1938  services of employees, agents, or other persons acting in a
 1939  representative or fiduciary capacity or information services
 1940  furnished to newspapers and radio and television stations. As
 1941  used in this subparagraph, the term “information services”
 1942  includes the services of collecting, compiling, or analyzing
 1943  information of any kind or nature and furnishing reports thereof
 1944  to other persons.
 1945         3. This exemption does not apply to any service warranty
 1946  transaction taxable under s. 212.0506.
 1947         4. This exemption does not apply to any service transaction
 1948  taxable under s. 212.05(1)(i).
 1949         (w) Certain newspaper, magazine, and newsletter
 1950  subscriptions, shoppers, and community newspapers.—Likewise
 1951  exempt are newspaper, magazine, and newsletter subscriptions in
 1952  which the product is delivered to the customer by mail. Also
 1953  exempt are free, circulated publications that are published on a
 1954  regular basis, the content of which is primarily advertising,
 1955  and that are distributed through the mail, home delivery, or
 1956  newsstands. The exemption for newspaper, magazine, and
 1957  newsletter subscriptions which is provided in this paragraph
 1958  applies only to subscriptions entered into after March 1, 1997.
 1959         (x) Sporting equipment brought into the state.—Sporting
 1960  equipment brought into Florida, for a period of not more than 4
 1961  months in any calendar year, used by an athletic team or an
 1962  individual athlete in a sporting event is exempt from the use
 1963  tax if such equipment is removed from the state within 7 days
 1964  after the completion of the event.
 1965         (y) Charter fishing vessels.—The charge for chartering any
 1966  boat or vessel, with the crew furnished, solely for the purpose
 1967  of fishing is exempt from the tax imposed under s. 212.04 or s.
 1968  212.05. This exemption does not apply to any charge to enter or
 1969  stay upon any “head-boat,” party boat, or other boat or vessel.
 1970  Nothing in this paragraph shall be construed to exempt any boat
 1971  from sales or use tax upon the purchase thereof except as
 1972  provided in paragraph (t) and s. 212.05.
 1973         (z) Vending machines sponsored by nonprofit or charitable
 1974  organizations.—Also exempt are food or drinks for human
 1975  consumption sold for 25 cents or less through a coin-operated
 1976  vending machine sponsored by a nonprofit corporation qualified
 1977  as nonprofit pursuant to s. 501(c)(3) or (4) of the Internal
 1978  Revenue Code of 1986, as amended.
 1979         (aa) Certain commercial vehicles.—Also exempt is the sale,
 1980  lease, or rental of a commercial motor vehicle as defined in s.
 1981  207.002(2), when the following conditions are met:
 1982         1. The sale, lease, or rental occurs between two commonly
 1983  owned and controlled corporations;
 1984         2. Such vehicle was titled and registered in this state at
 1985  the time of the sale, lease, or rental; and
 1986         3. Florida sales tax was paid on the acquisition of such
 1987  vehicle by the seller, lessor, or renter.
 1988         (bb) Community cemeteries.—Also exempt are purchases by any
 1989  nonprofit corporation that has qualified under s. 501(c)(13) of
 1990  the Internal Revenue Code of 1986, as amended, and is operated
 1991  for the purpose of maintaining a cemetery that was donated to
 1992  the community by deed.
 1993         (cc) Works of art.
 1994         1. Also exempt are works of art sold to or used by an
 1995  educational institution.
 1996         2. This exemption also applies to the sale to or use in
 1997  this state of any work of art by any person if it was purchased
 1998  or imported exclusively for the purpose of being donated to any
 1999  educational institution, or loaned to and made available for
 2000  display by any educational institution, provided that the term
 2001  of the loan agreement is for at least 10 years.
 2002         3. The exemption provided by this paragraph for donations
 2003  is allowed only if the person who purchased the work of art
 2004  transfers title to the donated work of art to an educational
 2005  institution. Such transfer of title shall be evidenced by an
 2006  affidavit meeting requirements established by rule to document
 2007  entitlement to the exemption. Nothing in this paragraph shall
 2008  preclude a work of art donated to an educational institution
 2009  from remaining in the possession of the donor or purchaser, as
 2010  long as title to the work of art lies with the educational
 2011  institution.
 2012         4. A work of art is presumed to have been purchased in or
 2013  imported into this state exclusively for loan as provided in
 2014  subparagraph 2., if it is so loaned or placed in storage in
 2015  preparation for such a loan within 90 days after purchase or
 2016  importation, whichever is later; but a work of art is not deemed
 2017  to be placed in storage in preparation for loan for purposes of
 2018  this exemption if it is displayed at any place other than an
 2019  educational institution.
 2020         5. The exemptions provided by this paragraph are allowed
 2021  only if the person who purchased the work of art gives to the
 2022  vendor an affidavit meeting the requirements, established by
 2023  rule, to document entitlement to the exemption. The person who
 2024  purchased the work of art shall forward a copy of such affidavit
 2025  to the Department of Revenue at the time it is issued to the
 2026  vendor.
 2027         6. The exemption for loans provided by subparagraph 2.
 2028  applies only for the period during which a work of art is in the
 2029  possession of the educational institution or is in storage
 2030  before transfer of possession to that institution; and when it
 2031  ceases to be so possessed or held, tax based upon the sales
 2032  price paid by the owner is payable, and the statute of
 2033  limitations provided in s. 95.091 shall begin to run at that
 2034  time. However, tax shall not become due if the work of art is
 2035  donated to an educational institution after the loan ceases.
 2036         7. Any educational institution to which a work of art has
 2037  been donated pursuant to this paragraph shall make available to
 2038  the department the title to the work of art and any other
 2039  relevant information. Any educational institution which has
 2040  received a work of art on loan pursuant to this paragraph shall
 2041  make available to the department information relating to the
 2042  work of art. Any educational institution that transfers from its
 2043  possession a work of art as defined by this paragraph which has
 2044  been loaned to it must notify the Department of Revenue within
 2045  60 days after the transfer.
 2046         8. For purposes of the exemptions provided by this
 2047  paragraph, the term:
 2048         a. “Educational institutions” includes state tax-supported,
 2049  parochial, church, and nonprofit private schools, colleges, or
 2050  universities that conduct regular classes and courses of study
 2051  required for accreditation by or membership in the Southern
 2052  Association of Colleges and Schools, the Florida Council of
 2053  Independent Schools, or the Florida Association of Christian
 2054  Colleges and Schools, Inc.; nonprofit private schools that
 2055  conduct regular classes and courses of study accepted for
 2056  continuing education credit by a board of the Division of
 2057  Medical Quality Assurance of the Department of Health; or
 2058  nonprofit libraries, art galleries, performing arts centers that
 2059  provide educational programs to school children, which programs
 2060  involve performances or other educational activities at the
 2061  performing arts center and serve a minimum of 50,000 school
 2062  children a year, and museums open to the public.
 2063         b. “Work of art” includes pictorial representations,
 2064  sculpture, jewelry, antiques, stamp collections and coin
 2065  collections, and other tangible personal property, the value of
 2066  which is attributable predominantly to its artistic, historical,
 2067  political, cultural, or social importance.
 2068         (dd) Taxicab leases.—The lease of or license to use a
 2069  taxicab or taxicab-related equipment and services provided by a
 2070  taxicab company to an independent taxicab operator are exempt,
 2071  provided, however, the exemptions provided under this paragraph
 2072  only apply if sales or use tax has been paid on the acquisition
 2073  of the taxicab and its related equipment.
 2074         (ee) Aircraft repair and maintenance labor charges.—There
 2075  shall be exempt from the tax imposed by this chapter all labor
 2076  charges for the repair and maintenance of qualified aircraft,
 2077  aircraft of more than 15,000 pounds maximum certified takeoff
 2078  weight, and rotary wing aircraft of more than 10,000 pounds
 2079  maximum certified takeoff weight. Except as otherwise provided
 2080  in this chapter, charges for parts and equipment furnished in
 2081  connection with such labor charges are taxable.
 2082         (ff) Certain electricity or steam uses.
 2083         1. Subject to the provisions of subparagraph 4., charges
 2084  for electricity or steam used to operate machinery and equipment
 2085  at a fixed location in this state when such machinery and
 2086  equipment is used to manufacture, process, compound, produce, or
 2087  prepare for shipment items of tangible personal property for
 2088  sale, or to operate pollution control equipment, recycling
 2089  equipment, maintenance equipment, or monitoring or control
 2090  equipment used in such operations are exempt to the extent
 2091  provided in this paragraph. If 75 percent or more of the
 2092  electricity or steam used at the fixed location is used to
 2093  operate qualifying machinery or equipment, 100 percent of the
 2094  charges for electricity or steam used at the fixed location are
 2095  exempt. If less than 75 percent but 50 percent or more of the
 2096  electricity or steam used at the fixed location is used to
 2097  operate qualifying machinery or equipment, 50 percent of the
 2098  charges for electricity or steam used at the fixed location are
 2099  exempt. If less than 50 percent of the electricity or steam used
 2100  at the fixed location is used to operate qualifying machinery or
 2101  equipment, none of the charges for electricity or steam used at
 2102  the fixed location are exempt.
 2103         2. This exemption applies only to industries classified
 2104  under SIC Industry Major Group Numbers 10, 12, 13, 14, 20, 22,
 2105  23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
 2106  and 39 and Industry Group Number 212. As used in this paragraph,
 2107  “SIC” means those classifications contained in the Standard
 2108  Industrial Classification Manual, 1987, as published by the
 2109  Office of Management and Budget, Executive Office of the
 2110  President.
 2111         3. Possession by a seller of a written certification by the
 2112  purchaser, certifying the purchaser’s entitlement to an
 2113  exemption permitted by this subsection, relieves the seller from
 2114  the responsibility of collecting the tax on the nontaxable
 2115  amounts, and the department shall look solely to the purchaser
 2116  for recovery of such tax if it determines that the purchaser was
 2117  not entitled to the exemption.
 2118         4. Such exemption shall be applied as follows: beginning
 2119  July 1, 2000, 100 percent of the charges for such electricity or
 2120  steam shall be exempt.
 2121         (gg) Fair associations.—Also exempt from the tax imposed by
 2122  this chapter is the sale, use, lease, rental, or grant of a
 2123  license to use, made directly to or by a fair association, of
 2124  real or tangible personal property; any charge made by a fair
 2125  association, or its agents, for parking, admissions, or for
 2126  temporary parking of vehicles used for sleeping quarters;
 2127  rentals, subleases, and sublicenses of real or tangible personal
 2128  property between the owner of the central amusement attraction
 2129  and any owner of an amusement ride, as those terms are used in
 2130  ss. 616.15(1)(b) and 616.242(3)(a), for the furnishing of
 2131  amusement rides at a public fair or exposition; and other
 2132  transactions of a fair association which are incurred directly
 2133  by the fair association in the financing, construction, and
 2134  operation of a fair, exposition, or other event or facility that
 2135  is authorized by s. 616.08. As used in this paragraph, the terms
 2136  “fair association” and “public fair or exposition” have the same
 2137  meaning as those terms are defined in s. 616.001. This exemption
 2138  does not apply to the sale of tangible personal property made by
 2139  a fair association through an agent or independent contractor;
 2140  sales of admissions and tangible personal property by a
 2141  concessionaire, vendor, exhibitor, or licensee; or rentals and
 2142  subleases of tangible personal property or real property between
 2143  the owner of the central amusement attraction and a
 2144  concessionaire, vendor, exhibitor, or licensee, except for the
 2145  furnishing of amusement rides, which transactions are exempt.
 2146         (hh) Solar energy systems.—Also exempt are solar energy
 2147  systems or any component thereof. The Florida Solar Energy
 2148  Center shall from time to time certify to the department a list
 2149  of equipment and requisite hardware considered to be a solar
 2150  energy system or a component thereof.
 2151         (ii) Nonprofit cooperative hospital laundries.—Also exempt
 2152  are sales or leases to nonprofit organizations that are
 2153  incorporated under chapter 617 and which are treated, for
 2154  federal income tax purposes, as cooperatives under subchapter T
 2155  of the Internal Revenue Code, whose sole purpose is to offer
 2156  laundry supplies and services to their members who must all be
 2157  exempt from federal income tax pursuant to s. 501(c)(3) of the
 2158  Internal Revenue Code. A member of a nonprofit cooperative
 2159  hospital laundry whose Internal Revenue Code status changes
 2160  shall, within 90 days after such change, divest all
 2161  participation in the cooperative. The provision of laundry
 2162  supplies and services to a nonmember business pursuant to a
 2163  declaration of emergency under s. 252.36(2) and a written
 2164  emergency plan of operation executed by the members of the
 2165  cooperative does not invalidate or cause the denial of a
 2166  cooperative’s certificate of exemption.
 2167         (jj) Complimentary meals.—Also exempt from the tax imposed
 2168  by this chapter are food or drinks that are furnished as part of
 2169  a packaged room rate by any person offering for rent or lease
 2170  any transient living accommodations as described in s.
 2171  509.013(4)(a) which are licensed under part I of chapter 509 and
 2172  which are subject to the tax under s. 212.03, if a separate
 2173  charge or specific amount for the food or drinks is not shown.
 2174  Such food or drinks are considered to be sold at retail as part
 2175  of the total charge for the transient living accommodations.
 2176  Moreover, the person offering the accommodations is not
 2177  considered to be the consumer of items purchased in furnishing
 2178  such food or drinks and may purchase those items under
 2179  conditions of a sale for resale.
 2180         (kk) Nonprofit corporation conducting the correctional work
 2181  programs.—Products sold pursuant to s. 946.515 by the
 2182  corporation organized pursuant to part II of chapter 946 are
 2183  exempt from the tax imposed by this chapter. This exemption
 2184  applies retroactively to July 1, 1983.
 2185         (ll) Parent-teacher organizations, parent-teacher
 2186  associations, and schools having grades K through 12.
 2187         1. Sales or leases to parent-teacher organizations and
 2188  associations the purpose of which is to raise funds for schools
 2189  that teach grades K through 12 and that are associated with
 2190  schools having grades K through 12 are exempt from the tax
 2191  imposed by this chapter.
 2192         2. Parent-teacher organizations and associations described
 2193  in subparagraph 1., and schools having grades K through 12, may
 2194  pay tax to their suppliers on the cost price of school materials
 2195  and supplies purchased, rented, or leased for resale or rental
 2196  to students in grades K through 12, of items sold for
 2197  fundraising purposes, and of items sold through vending machines
 2198  located on the school premises, in lieu of collecting the tax
 2199  imposed by this chapter from the purchaser. This paragraph also
 2200  applies to food or beverages sold through vending machines
 2201  located in the student lunchroom or dining room of a school
 2202  having kindergarten through grade 12.
 2203         (mm) Mobile home lot improvements.—Items purchased by
 2204  developers for use in making improvements to a mobile home lot
 2205  owned by the developer may be purchased tax-exempt as a sale for
 2206  resale if made pursuant to a contract that requires the
 2207  developer to sell a mobile home to a purchaser, place the mobile
 2208  home on the lot, and make the improvements to the lot for a
 2209  single lump-sum price. The developer must collect and remit
 2210  sales tax on the entire lump-sum price.
 2211         (nn) Veterans Administration.—When a veteran of the armed
 2212  forces purchases an aircraft, boat, mobile home, motor vehicle,
 2213  or other vehicle from a dealer pursuant to the provisions of 38
 2214  U.S.C. s. 3902(a), or any successor provision of the United
 2215  States Code, the amount that is paid directly to the dealer by
 2216  the Veterans Administration is not taxable. However, any portion
 2217  of the purchase price which is paid directly to the dealer by
 2218  the veteran is taxable.
 2219         (oo) Complimentary items.—There is exempt from the tax
 2220  imposed by this chapter:
 2221         1. Any food or drink, whether or not cooked or prepared on
 2222  the premises, provided without charge as a sample or for the
 2223  convenience of customers by a dealer that primarily sells food
 2224  product items at retail.
 2225         2. Any item given to a customer as part of a price
 2226  guarantee plan related to point-of-sale errors by a dealer that
 2227  primarily sells food products at retail.
 2228  
 2229  The exemptions in this paragraph do not apply to businesses with
 2230  the primary activity of serving prepared meals or alcoholic
 2231  beverages for immediate consumption.
 2232         (pp) Donated foods or beverages.—Any food or beverage
 2233  donated by a dealer that sells food products at retail to a food
 2234  bank or an organization that holds a current exemption from
 2235  federal corporate income tax pursuant to s. 501(c) of the
 2236  Internal Revenue Code of 1986, as amended, is exempt from the
 2237  tax imposed by this chapter.
 2238         (qq) Racing dogs.—The sale of a racing dog by its owner is
 2239  exempt if the owner is also the breeder of the animal.
 2240         (rr) Equipment used in aircraft repair and maintenance.
 2241  There shall be exempt from the tax imposed by this chapter
 2242  replacement engines, parts, and equipment used in the repair or
 2243  maintenance of qualified aircraft, aircraft of more than 15,000
 2244  pounds maximum certified takeoff weight, and rotary wing
 2245  aircraft of more than 10,300 pounds maximum certified takeoff
 2246  weight, when such parts or equipment are installed on such
 2247  aircraft that is being repaired or maintained in this state.
 2248         (ss) Aircraft sales or leases.—The sale or lease of a
 2249  qualified aircraft or an aircraft of more than 15,000 pounds
 2250  maximum certified takeoff weight for use by a common carrier is
 2251  exempt from the tax imposed by this chapter. As used in this
 2252  paragraph, “common carrier” means an airline operating under
 2253  Federal Aviation Administration regulations contained in Title
 2254  14, chapter I, part 121 or part 129 of the Code of Federal
 2255  Regulations.
 2256         (tt) Nonprofit water systems.—Sales or leases to a not-for
 2257  profit corporation which holds a current exemption from federal
 2258  income tax under s. 501(c)(4) or (12) of the Internal Revenue
 2259  Code, as amended, are exempt from the tax imposed by this
 2260  chapter if the sole or primary function of the corporation is to
 2261  construct, maintain, or operate a water system in this state.
 2262         (uu) Library cooperatives.—Sales or leases to library
 2263  cooperatives certified under s. 257.41(2) are exempt from the
 2264  tax imposed by this chapter.
 2265         (vv) Advertising agencies.
 2266         1. As used in this paragraph, the term “advertising agency”
 2267  means any firm that is primarily engaged in the business of
 2268  providing advertising materials and services to its clients.
 2269         2. The sale of advertising services by an advertising
 2270  agency to a client is exempt from the tax imposed by this
 2271  chapter. Also exempt from the tax imposed by this chapter are
 2272  items of tangible personal property such as photographic
 2273  negatives and positives, videos, films, galleys, mechanicals,
 2274  veloxes, illustrations, digital audiotapes, analog tapes,
 2275  printed advertisement copies, compact discs for the purpose of
 2276  recording, digital equipment, and artwork and the services used
 2277  to produce those items if the items are:
 2278         a. Sold to an advertising agency that is acting as an agent
 2279  for its clients pursuant to contract, and are created for the
 2280  performance of advertising services for the clients;
 2281         b. Produced, fabricated, manufactured, or otherwise created
 2282  by an advertising agency for its clients, and are used in the
 2283  performance of advertising services for the clients; or
 2284         c. Sold by an advertising agency to its clients in the
 2285  performance of advertising services for the clients, whether or
 2286  not the charges for these items are marked up or separately
 2287  stated.
 2288  
 2289  The exemption provided by this subparagraph does not apply when
 2290  tangible personal property such as film, paper, and videotapes
 2291  is purchased to create items such as photographic negatives and
 2292  positives, videos, films, galleys, mechanicals, veloxes,
 2293  illustrations, and artwork that are sold to an advertising
 2294  agency or produced in-house by an advertising agency on behalf
 2295  of its clients.
 2296         3. The items exempted from tax under subparagraph 2. and
 2297  the creative services used by an advertising agency to design
 2298  the advertising for promotional goods such as displays, display
 2299  containers, exhibits, newspaper inserts, brochures, catalogues,
 2300  direct mail letters or flats, shirts, hats, pens, pencils, key
 2301  chains, or other printed goods or materials are not subject to
 2302  tax. However, when such promotional goods are produced or
 2303  reproduced for distribution, tax applies to the sales price
 2304  charged to the client for such promotional goods.
 2305         4. For items purchased by an advertising agency and exempt
 2306  from tax under this paragraph, possession of an exemption
 2307  certificate from the advertising agency certifying the agency’s
 2308  entitlement to exemption relieves the vendor of the
 2309  responsibility of collecting the tax on the sale of such items
 2310  to the advertising agency, and the department shall look solely
 2311  to the advertising agency for recovery of tax if it determines
 2312  that the advertising agency was not entitled to the exemption.
 2313         5. The exemptions provided by this paragraph apply
 2314  retroactively, except that all taxes that have been collected
 2315  must be remitted, and taxes that have been remitted before July
 2316  1, 1999, on transactions that are subject to exemption under
 2317  this paragraph are not subject to refund.
 2318         6. The department may adopt rules that interpret or define
 2319  the provisions of these exemptions and provide examples
 2320  regarding the application of these exemptions.
 2321         (ww) Bullion.—The sale of gold, silver, or platinum
 2322  bullion, or any combination thereof, in a single transaction is
 2323  exempt if the sales price exceeds $500. The dealer must maintain
 2324  proper documentation, as prescribed by rule of the department,
 2325  to identify that portion of a transaction which involves the
 2326  sale of gold, silver, or platinum bullion and is exempt under
 2327  this paragraph.
 2328         (xx) Certain repair and labor charges.
 2329         1. Subject to the provisions of subparagraphs 2. and 3.,
 2330  there is exempt from the tax imposed by this chapter all labor
 2331  charges for the repair of, and parts and materials used in the
 2332  repair of and incorporated into, industrial machinery and
 2333  equipment which is used for the manufacture, processing,
 2334  compounding, production, or preparation for shipping of items of
 2335  tangible personal property at a fixed location within this
 2336  state.
 2337         2. This exemption applies only to industries classified
 2338  under SIC Industry Major Group Numbers 10, 12, 13, 14, 20, 22,
 2339  23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
 2340  and 39 and Industry Group Number 212. As used in this
 2341  subparagraph, “SIC” means those classifications contained in the
 2342  Standard Industrial Classification Manual, 1987, as published by
 2343  the Office of Management and Budget, Executive Office of the
 2344  President.
 2345         3. This exemption shall be applied as follows:
 2346         a. Beginning July 1, 2000, 50 percent of such charges for
 2347  repair parts and labor shall be exempt.
 2348         b. Beginning July 1, 2001, 75 percent of such charges for
 2349  repair parts and labor shall be exempt.
 2350         c. Beginning July 1, 2002, 100 percent of such charges for
 2351  repair parts and labor shall be exempt.
 2352         (yy) Film and other printing supplies.—Also exempt are the
 2353  following materials purchased, produced, or created by
 2354  businesses classified under SIC Industry Numbers 275, 276, 277,
 2355  278, or 279 for use in producing graphic matter for sale: film,
 2356  photographic paper, dyes used for embossing and engraving,
 2357  artwork, typography, lithographic plates, and negatives. As used
 2358  in this paragraph, “SIC” means those classifications contained
 2359  in the Standard Industrial Classification Manual, 1987, as
 2360  published by the Office of Management and Budget, Executive
 2361  Office of the President.
 2362         (zz) People-mover systems.—People-mover systems, and parts
 2363  thereof, which are purchased or manufactured by contractors
 2364  employed either directly by or as agents for the United States
 2365  Government, the state, a county, a municipality, a political
 2366  subdivision of the state, or the public operator of a public-use
 2367  airport as defined by s. 332.004(14) are exempt from the tax
 2368  imposed by this chapter when the systems or parts go into or
 2369  become part of publicly owned facilities. In the case of
 2370  contractors who manufacture and install such systems and parts,
 2371  this exemption extends to the purchase of component parts and
 2372  all other manufacturing and fabrication costs. The department
 2373  may provide a form to be used by contractors to provide to
 2374  suppliers of people-mover systems or parts to certify the
 2375  contractors’ eligibility for the exemption provided under this
 2376  paragraph. As used in this paragraph, “people-mover systems”
 2377  includes wheeled passenger vehicles and related control and
 2378  power distribution systems that are part of a transportation
 2379  system for use by the general public, regardless of whether such
 2380  vehicles are operator-controlled or driverless, self-propelled
 2381  or propelled by external power and control systems, or conducted
 2382  on roads, rails, guidebeams, or other permanent structures that
 2383  are an integral part of such transportation system. “Related
 2384  control and power distribution systems” includes any electrical
 2385  or electronic control or signaling equipment, but does not
 2386  include the embedded wiring, conduits, or cabling used to
 2387  transmit electrical or electronic signals among such control
 2388  equipment, power distribution equipment, signaling equipment,
 2389  and wheeled vehicles.
 2390         (aaa) Florida Fire and Emergency Services Foundation.—Sales
 2391  or leases to the Florida Fire and Emergency Services Foundation
 2392  are exempt from the tax imposed by this chapter.
 2393         (bbb) Railroad roadway materials.—Also exempt from the tax
 2394  imposed by this chapter are railroad roadway materials used in
 2395  the construction, repair, or maintenance of railways. Railroad
 2396  roadway materials shall include rails, ties, ballasts,
 2397  communication equipment, signal equipment, power transmission
 2398  equipment, and any other track materials.
 2399         (ccc) Equipment, machinery, and other materials for
 2400  renewable energy technologies.
 2401         1. As used in this paragraph, the term:
 2402         a. “Biodiesel” means the mono-alkyl esters of long-chain
 2403  fatty acids derived from plant or animal matter for use as a
 2404  source of energy and meeting the specifications for biodiesel
 2405  and biodiesel blends with petroleum products as adopted by the
 2406  Department of Agriculture and Consumer Services. Biodiesel may
 2407  refer to biodiesel blends designated BXX, where XX represents
 2408  the volume percentage of biodiesel fuel in the blend.
 2409         b. “Ethanol” means an anhydrous denatured alcohol produced
 2410  by the conversion of carbohydrates meeting the specifications
 2411  for fuel ethanol and fuel ethanol blends with petroleum products
 2412  as adopted by the Department of Agriculture and Consumer
 2413  Services. Ethanol may refer to fuel ethanol blends designated
 2414  EXX, where XX represents the volume percentage of fuel ethanol
 2415  in the blend.
 2416         c. “Hydrogen fuel cells” means equipment using hydrogen or
 2417  a hydrogen-rich fuel in an electrochemical process to generate
 2418  energy, electricity, or the transfer of heat.
 2419         2. The sale or use of the following in the state is exempt
 2420  from the tax imposed by this chapter:
 2421         a. Hydrogen-powered vehicles, materials incorporated into
 2422  hydrogen-powered vehicles, and hydrogen-fueling stations, up to
 2423  a limit of $2 million in tax each state fiscal year for all
 2424  taxpayers.
 2425         b. Commercial stationary hydrogen fuel cells, up to a limit
 2426  of $1 million in tax each state fiscal year for all taxpayers.
 2427         c. Materials used in the distribution of biodiesel (B10
 2428  B100) and ethanol (E10-E100), including fueling infrastructure,
 2429  transportation, and storage, up to a limit of $1 million in tax
 2430  each state fiscal year for all taxpayers. Gasoline fueling
 2431  station pump retrofits for ethanol (E10-E100) distribution
 2432  qualify for the exemption provided in this sub-subparagraph.
 2433         3. The Florida Energy and Climate Commission shall provide
 2434  to the department a list of items eligible for the exemption
 2435  provided in this paragraph.
 2436         4.a. The exemption provided in this paragraph shall be
 2437  available to a purchaser only through a refund of previously
 2438  paid taxes. An eligible item is subject to refund one time. A
 2439  person who has received a refund on an eligible item shall
 2440  notify the next purchaser of the item that such item is no
 2441  longer eligible for a refund of paid taxes. This notification
 2442  shall be provided to each subsequent purchaser on the sales
 2443  invoice or other proof of purchase.
 2444         b. To be eligible to receive the exemption provided in this
 2445  paragraph, a purchaser shall file an application with the
 2446  Florida Energy and Climate Commission. The application shall be
 2447  developed by the Florida Energy and Climate Commission, in
 2448  consultation with the department, and shall require:
 2449         (I) The name and address of the person claiming the refund.
 2450         (II) A specific description of the purchase for which a
 2451  refund is sought, including, when applicable, a serial number or
 2452  other permanent identification number.
 2453         (III) The sales invoice or other proof of purchase showing
 2454  the amount of sales tax paid, the date of purchase, and the name
 2455  and address of the sales tax dealer from whom the property was
 2456  purchased.
 2457         (IV) A sworn statement that the information provided is
 2458  accurate and that the requirements of this paragraph have been
 2459  met.
 2460         c. Within 30 days after receipt of an application, the
 2461  Florida Energy and Climate Commission shall review the
 2462  application and shall notify the applicant of any deficiencies.
 2463  Upon receipt of a completed application, the Florida Energy and
 2464  Climate Commission shall evaluate the application for exemption
 2465  and issue a written certification that the applicant is eligible
 2466  for a refund or issue a written denial of such certification
 2467  within 60 days after receipt of the application. The Florida
 2468  Energy and Climate Commission shall provide the department with
 2469  a copy of each certification issued upon approval of an
 2470  application.
 2471         d. Each certified applicant shall be responsible for
 2472  forwarding a certified copy of the application and copies of all
 2473  required documentation to the department within 6 months after
 2474  certification by the Florida Energy and Climate Commission.
 2475         e. A refund approved pursuant to this paragraph shall be
 2476  made within 30 days after formal approval by the department.
 2477         f. The Florida Energy and Climate Commission may adopt the
 2478  form for the application for a certificate, requirements for the
 2479  content and format of information submitted to the Florida
 2480  Energy and Climate Commission in support of the application,
 2481  other procedural requirements, and criteria by which the
 2482  application will be determined by rule. The department may adopt
 2483  all other rules pursuant to ss. 120.536(1) and 120.54 to
 2484  administer this paragraph, including rules establishing
 2485  additional forms and procedures for claiming this exemption.
 2486         g. The Florida Energy and Climate Commission shall be
 2487  responsible for ensuring that the total amounts of the
 2488  exemptions authorized do not exceed the limits as specified in
 2489  subparagraph 2.
 2490         5. The Florida Energy and Climate Commission shall
 2491  determine and publish on a regular basis the amount of sales tax
 2492  funds remaining in each fiscal year.
 2493         6. This paragraph expires July 1, 2010.
 2494         (ddd) Advertising materials distributed free of charge by
 2495  mail in an envelope.—Likewise exempt are materials consisting
 2496  exclusively of advertisements, such as individual coupons or
 2497  other individual cards, sheets, or pages of printed advertising,
 2498  that are distributed free of charge by mail in an envelope for
 2499  10 or more persons on a monthly, bimonthly, or other regular
 2500  basis.
 2501         (eee) Certain delivery charges.—Separately stated charges
 2502  that can be avoided at the option of the purchaser for the
 2503  delivery, inspection, placement, or removal from packaging or
 2504  shipping materials of furniture or appliances by the selling
 2505  dealer at the premises of the purchaser or the removal of
 2506  similar items from the premises of the purchaser are exempt. If
 2507  any charge for delivery, inspection, placement, or removal of
 2508  furniture or appliances includes the modification, assembly, or
 2509  construction of such furniture or appliances, then all of the
 2510  charges are taxable.
 2511         (fff) Bookstore operations at a postsecondary educational
 2512  institution.—Also exempt from payment of the tax imposed by this
 2513  chapter on renting, leasing, letting, or granting a license for
 2514  the use of any real property are payments to a postsecondary
 2515  educational institution made by any person pursuant to a grant
 2516  of the right to conduct bookstore operations on real property
 2517  owned or leased by the postsecondary educational institution. As
 2518  used in this paragraph, the term “bookstore operations” means
 2519  activities consisting predominantly of sales, distribution, and
 2520  provision of textbooks, merchandise, and services traditionally
 2521  offered in college and university bookstores for the benefit of
 2522  the institution’s students, faculty, and staff.
 2523         (8) PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE OR
 2524  FOREIGN COMMERCE.—
 2525         (a) The sale or use of vessels and parts thereof used to
 2526  transport persons or property in interstate or foreign commerce,
 2527  including commercial fishing vessels, is subject to the taxes
 2528  imposed in this chapter only to the extent provided herein. The
 2529  basis of the tax shall be the ratio of intrastate mileage to
 2530  interstate or foreign mileage traveled by the carrier’s vessels
 2531  which were used in interstate or foreign commerce and which had
 2532  at least some Florida mileage during the previous fiscal year.
 2533  The ratio would be determined at the close of the carrier’s
 2534  fiscal year. However, during the fiscal year in which the vessel
 2535  begins its initial operations in this state, the vessel’s
 2536  mileage apportionment factor may be determined on the basis of
 2537  an estimated ratio of anticipated miles in this state to
 2538  anticipated total miles for that year and, subsequently,
 2539  additional tax shall be paid on the vessel, or a refund may be
 2540  applied for, on the basis of the actual ratio of the vessel’s
 2541  miles in this state to its total miles for that year. This ratio
 2542  shall be applied each month to the total Florida purchases of
 2543  such vessels and parts thereof which are used in Florida to
 2544  establish that portion of the total used and consumed in
 2545  intrastate movement and subject to the tax at the applicable
 2546  rate. The basis for imposition of any discretionary surtax shall
 2547  be as set forth in s. 212.054. Items, appropriate to carry out
 2548  the purposes for which a vessel is designed or equipped and
 2549  used, purchased by the owner, operator, or agent of a vessel for
 2550  use on board such vessel shall be deemed to be parts of the
 2551  vessel upon which the same are used or consumed. Vessels and
 2552  parts thereof used to transport persons or property in
 2553  interstate and foreign commerce are hereby determined to be
 2554  susceptible to a distinct and separate classification for
 2555  taxation under the provisions of this chapter. Vessels and parts
 2556  thereof used exclusively in intrastate commerce do not qualify
 2557  for the proration of tax.
 2558         (b) The partial exemption provided for in this subsection
 2559  shall not be allowed unless the purchaser signs an affidavit
 2560  stating that the item or items to be partially exempted are for
 2561  the exclusive use designated herein and setting forth the extent
 2562  of such partial exemption. Any person furnishing a false
 2563  affidavit to such effect for the purpose of evading payment of
 2564  any tax imposed under this chapter is subject to the penalties
 2565  set forth in s. 212.12 and as otherwise provided by law.
 2566         (c) It is the intent of the Legislature that neither
 2567  subsection (4) nor this subsection shall be construed as
 2568  imposing the tax provided by this chapter on vessels used as
 2569  common carriers, contract carriers, or private carriers, engaged
 2570  in interstate or foreign commerce, except to the extent provided
 2571  by the pro rata formula provided in subsection (4) and in
 2572  paragraph (a).
 2573         (9) PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES
 2574  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.—
 2575         (a) Railroads that are licensed as common carriers by the
 2576  Surface Transportation Board and parts thereof used to transport
 2577  persons or property in interstate or foreign commerce are
 2578  subject to tax imposed in this chapter only to the extent
 2579  provided herein. The basis of the tax shall be the ratio of
 2580  intrastate mileage to interstate or foreign mileage traveled by
 2581  the carrier during the previous fiscal year of the carrier. Such
 2582  ratio is to be determined at the close of the carrier’s fiscal
 2583  year. However, during the fiscal year in which the railroad
 2584  begins its initial operations in this state, the railroad’s
 2585  mileage apportionment factor may be determined on the basis of
 2586  an estimated ratio of anticipated miles in this state to
 2587  anticipated total miles for that year and, subsequently,
 2588  additional tax shall be paid on the railroad, or a refund may be
 2589  applied for, on the basis of the actual ratio of the railroad’s
 2590  miles in this state to its total miles for that year. This ratio
 2591  shall be applied each month to the purchases of the railroad in
 2592  this state which are used in this state to establish that
 2593  portion of the total used and consumed in intrastate movement
 2594  and subject to tax under this chapter. The basis for imposition
 2595  of any discretionary surtax is set forth in s. 212.054.
 2596  Railroads that are licensed as common carriers by the Surface
 2597  Transportation Board and parts thereof used to transport persons
 2598  or property in interstate and foreign commerce are hereby
 2599  determined to be susceptible to a distinct and separate
 2600  classification for taxation under the provisions of this
 2601  chapter.
 2602         (b) Motor vehicles that are engaged in interstate commerce
 2603  as common carriers, and parts thereof, used to transport persons
 2604  or property in interstate or foreign commerce are subject to tax
 2605  imposed in this chapter only to the extent provided herein. The
 2606  basis of the tax shall be the ratio of intrastate mileage to
 2607  interstate or foreign mileage traveled by the carrier’s motor
 2608  vehicles which were used in interstate or foreign commerce and
 2609  which had at least some Florida mileage during the previous
 2610  fiscal year of the carrier. Such ratio is to be determined at
 2611  the close of the carrier’s fiscal year. However, during the
 2612  fiscal year in which the carrier begins its initial operations
 2613  in this state, the carrier’s mileage apportionment factor may be
 2614  determined on the basis of an estimated ratio of anticipated
 2615  miles in this state to anticipated total miles for that year
 2616  and, subsequently, additional tax shall be paid on the carrier,
 2617  or a refund may be applied for, on the basis of the actual ratio
 2618  of the carrier’s miles in this state to its total miles for that
 2619  year. This ratio shall be applied each month to the purchases in
 2620  this state of such motor vehicles and parts thereof which are
 2621  used in this state to establish that portion of the total used
 2622  and consumed in intrastate movement and subject to tax under
 2623  this chapter. The basis for imposition of any discretionary
 2624  surtax is set forth in s. 212.054. Motor vehicles that are
 2625  engaged in interstate commerce, and parts thereof, used to
 2626  transport persons or property in interstate and foreign commerce
 2627  are hereby determined to be susceptible to a distinct and
 2628  separate classification for taxation under the provisions of
 2629  this chapter. Motor vehicles and parts thereof used exclusively
 2630  in intrastate commerce do not qualify for the proration of tax.
 2631  For purposes of this paragraph, parts of a motor vehicle engaged
 2632  in interstate commerce include a separate tank not connected to
 2633  the fuel supply system of the motor vehicle into which diesel
 2634  fuel is placed to operate a refrigeration unit or other
 2635  equipment.
 2636         (10) PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT OF
 2637  ANOTHER STATE.—
 2638         (a) The tax collected on the sale of a new or used motor
 2639  vehicle in this state to a resident of another state shall be an
 2640  amount equal to the sales tax which would be imposed on such
 2641  sale under the laws of the state of which the purchaser is a
 2642  resident, except that such tax shall not exceed the tax that
 2643  would otherwise be imposed under this chapter. At the time of
 2644  the sale, the purchaser shall execute a notarized statement of
 2645  his or her intent to license the vehicle in the state of which
 2646  the purchaser is a resident within 45 days of the sale and of
 2647  the fact of the payment to the State of Florida of a sales tax
 2648  in an amount equivalent to the sales tax of his or her state of
 2649  residence and shall submit the statement to the appropriate
 2650  sales tax collection agency in his or her state of residence.
 2651  Nothing in this subsection shall be construed to require the
 2652  removal of the vehicle from this state following the filing of
 2653  an intent to license the vehicle in the purchaser’s home state
 2654  if the purchaser licenses the vehicle in his or her home state
 2655  within 45 days after the date of sale.
 2656         (b) Notwithstanding the partial exemption allowed in
 2657  paragraph (a), a vehicle is subject to this state’s sales tax at
 2658  the applicable state sales tax rate plus authorized surtaxes
 2659  when the vehicle is purchased by a nonresident corporation or
 2660  partnership and:
 2661         1. An officer of the corporation is a resident of this
 2662  state;
 2663         2. A stockholder of the corporation who owns at least 10
 2664  percent of the corporation is a resident of this state; or
 2665         3. A partner in the partnership who has at least 10 percent
 2666  ownership is a resident of this state.
 2667  
 2668  However, if the vehicle is removed from this state within 45
 2669  days after purchase and remains outside the state for a minimum
 2670  of 180 days, the vehicle may qualify for the partial exemption
 2671  allowed in paragraph (a) despite the residency of owners or
 2672  stockholders of the purchasing entity.
 2673         (c) Nothing herein shall require the payment of tax to the
 2674  State of Florida for assessments made prior to July 1, 2001, if
 2675  the tax imposed by this section has been paid to the state in
 2676  which the vehicle was licensed and the department has assessed a
 2677  like amount of tax on the same transactions. This provision
 2678  shall apply retroactively to assessments that have been
 2679  protested prior to August 1, 1999, and have not been paid on the
 2680  date this act takes effect.
 2681         (11) PARTIAL EXEMPTION; FLYABLE AIRCRAFT.—
 2682         (a) The tax imposed on the sale by a manufacturer of
 2683  flyable aircraft, who designs such aircraft, which sale may
 2684  include necessary equipment and modifications placed on such
 2685  flyable aircraft prior to delivery by the manufacturer, shall be
 2686  an amount equal to the sales tax which would be imposed on such
 2687  sale under the laws of the state in which the aircraft will be
 2688  domiciled.
 2689         (b) This partial exemption applies only if the purchaser is
 2690  a resident of another state who will not use the aircraft in
 2691  this state, or if the purchaser is a resident of another state
 2692  and uses the aircraft in interstate or foreign commerce, or if
 2693  the purchaser is a resident of a foreign country.
 2694         (c) The maximum tax collectible under this subsection may
 2695  not exceed 6 percent of the sales price of such aircraft. No
 2696  Florida tax may be imposed on the sale of such aircraft if the
 2697  state in which the aircraft will be domiciled does not allow
 2698  Florida sales or use tax to be credited against its sales or use
 2699  tax. Furthermore, no tax may be imposed on the sale of such
 2700  aircraft if the state in which the aircraft will be domiciled
 2701  has enacted a sales and use tax exemption for flyable aircraft
 2702  or if the aircraft will be domiciled outside the United States.
 2703         (d) The purchaser shall execute a sworn affidavit attesting
 2704  that he or she is not a resident of this state and stating where
 2705  the aircraft will be domiciled. If the aircraft is subsequently
 2706  used in this state within 6 months of the time of purchase, in
 2707  violation of the intent of this subsection, the purchaser shall
 2708  be liable for payment of the full use tax imposed by this
 2709  chapter and shall be subject to the penalty imposed by s.
 2710  212.12(2), which penalty shall be mandatory. Notwithstanding the
 2711  provisions of this paragraph, the owner of an aircraft purchased
 2712  pursuant to this subsection may permit the aircraft to be
 2713  returned to this state for repairs within 6 months after the
 2714  date of sale without the aircraft being in violation of the law
 2715  and without incurring liability for payment of tax or penalty on
 2716  the purchase price of the aircraft, so long as the aircraft is
 2717  removed from this state within 20 days after the completion of
 2718  the repairs and such removal can be proven by invoices for fuel,
 2719  tie-down, or hangar charges issued by out-of-state vendors or
 2720  suppliers or similar documentation.
 2721         (12) PARTIAL EXEMPTION; MASTER TAPES, RECORDS, FILMS, OR
 2722  VIDEO TAPES.—
 2723         (a) There are exempt from the taxes imposed by this chapter
 2724  the gross receipts from the sale or lease of, and the storage,
 2725  use, or other consumption in this state of, master tapes or
 2726  master records embodying sound, or master films or master video
 2727  tapes; except that amounts paid to recording studios or motion
 2728  picture or television studios for the tangible elements of such
 2729  master tapes, records, films, or video tapes are taxable as
 2730  otherwise provided in this chapter. This exemption will inure to
 2731  the taxpayer upon presentation of the certificate of exemption
 2732  issued to the taxpayer under the provisions of s. 288.1258.
 2733         (b) For the purposes of this subsection, the term:
 2734         1. “Amounts paid for the tangible elements” does not
 2735  include any amounts paid for the copyrightable, artistic, or
 2736  other intangible elements of such master tapes, records, films,
 2737  or video tapes, whether designated as royalties or otherwise,
 2738  including, but not limited to, services rendered in producing,
 2739  fabricating, processing, or imprinting tangible personal
 2740  property or any other services or production expenses in
 2741  connection therewith which may otherwise be construed as
 2742  constituting a “sale” under s. 212.02.
 2743         2. “Master films or master video tapes” means films or
 2744  video tapes utilized by the motion picture and television
 2745  production industries in making visual images for reproduction.
 2746         3. “Master tapes or master records embodying sound” means
 2747  tapes, records, and other devices utilized by the recording
 2748  industry in making recordings embodying sound.
 2749         4. “Motion picture or television studio” means a facility
 2750  in which film or video tape productions or parts of productions
 2751  are made and which contains the necessary equipment and
 2752  personnel for this purpose and includes a mobile unit or vehicle
 2753  that is equipped in much the same manner as a stationary studio
 2754  and used in the making of film or video tape productions.
 2755         5. “Recording studio” means a place where, by means of
 2756  mechanical or electronic devices, voices, music, or other sounds
 2757  are transmitted to tapes, records, or other devices capable of
 2758  reproducing sound.
 2759         6. “Recording industry” means any person engaged in an
 2760  occupation or business of making recordings embodying sound for
 2761  a livelihood or for a profit.
 2762         7. “Motion picture or television production industry” means
 2763  any person engaged in an occupation or business for a livelihood
 2764  or for profit of making visual motion picture or television
 2765  visual images for showing on screen or television for
 2766  theatrical, commercial, advertising, or educational purposes.
 2767         (13) No transactions shall be exempt from the tax imposed
 2768  by this chapter except those expressly exempted herein. All laws
 2769  granting tax exemptions, to the extent they may be inconsistent
 2770  or in conflict with this chapter, including, but not limited to,
 2771  the following designated laws, shall yield to and be superseded
 2772  by the provisions of this subsection: ss. 125.019, 153.76,
 2773  154.2331, 159.15, 159.31, 159.50, 159.708, 163.385, 163.395,
 2774  215.76, 243.33, 315.11, 348.65, 348.762, 349.13, 403.1834,
 2775  616.07, and 623.09, and the following Laws of Florida, acts of
 2776  the year indicated: s. 31, chapter 30843, 1955; s. 19, chapter
 2777  30845, 1955; s. 12, chapter 30927, 1955; s. 8, chapter 31179,
 2778  1955; s. 15, chapter 31263, 1955; s. 13, chapter 31343, 1955; s.
 2779  16, chapter 59-1653; s. 13, chapter 59-1356; s. 12, chapter 61
 2780  2261; s. 19, chapter 61-2754; s. 10, chapter 61-2686; s. 11,
 2781  chapter 63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446;
 2782  and s. 10, chapter 67-1681. This subsection does not supersede
 2783  the authority of a local government to adopt financial and local
 2784  government incentives pursuant to s. 163.2517.
 2785         (14) TECHNICAL ASSISTANCE ADVISORY COMMITTEE.—The
 2786  department shall establish a technical assistance advisory
 2787  committee with public and private sector members, including
 2788  representatives of both manufacturers and retailers, to advise
 2789  the Department of Revenue and the Department of Health in
 2790  determining the taxability of specific products and product
 2791  lines pursuant to subsection (1) and paragraph (2)(a). In
 2792  determining taxability and in preparing a list of specific
 2793  products and product lines that are or are not taxable, the
 2794  committee shall not be subject to the provisions of chapter 120.
 2795  Private sector members shall not be compensated for serving on
 2796  the committee.
 2797         (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.—
 2798         (a) Beginning July 1, 1995, charges for electrical energy
 2799  used by a qualified business at a fixed location in an
 2800  enterprise zone in a municipality which has enacted an ordinance
 2801  pursuant to s. 166.231(8) which provides for exemption of
 2802  municipal utility taxes on such businesses or in an enterprise
 2803  zone jointly authorized by a county and a municipality which has
 2804  enacted an ordinance pursuant to s. 166.231(8) which provides
 2805  for exemption of municipal utility taxes on such businesses
 2806  shall receive an exemption equal to 50 percent of the tax
 2807  imposed by this chapter, or, if no less than 20 percent of the
 2808  employees of the business are residents of an enterprise zone,
 2809  excluding temporary and part-time employees, the exemption shall
 2810  be equal to 100 percent of the tax imposed by this chapter. A
 2811  qualified business may receive such exemption for a period of 5
 2812  years from the billing period beginning not more than 30 days
 2813  following notification to the applicable utility company by the
 2814  department that an exemption has been authorized pursuant to
 2815  this subsection and s. 166.231(8).
 2816         (b) To receive this exemption, a business must file an
 2817  application, with the enterprise zone development agency having
 2818  jurisdiction over the enterprise zone where the business is
 2819  located, on a form provided by the department for the purposes
 2820  of this subsection and s. 166.231(8). The application shall be
 2821  made under oath and shall include:
 2822         1. The name and location of the business.
 2823         2. The identifying number assigned pursuant to s. 290.0065
 2824  to the enterprise zone in which the business is located.
 2825         3. The date on which electrical service is to be first
 2826  initiated to the business.
 2827         4. The name and mailing address of the entity from which
 2828  electrical energy is to be purchased.
 2829         5. The date of the application.
 2830         6. The name of the city in which the business is located.
 2831         7. If applicable, the name and address of each permanent
 2832  employee of the business including, for each employee who is a
 2833  resident of an enterprise zone, the identifying number assigned
 2834  pursuant to s. 290.0065 to the enterprise zone in which the
 2835  employee resides.
 2836         8. Whether the business is a small business as defined by
 2837  s. 288.703(1).
 2838         (c) Within 10 working days after receipt of an application,
 2839  the enterprise zone development agency shall review the
 2840  application to determine if it contains all information required
 2841  pursuant to paragraph (b) and meets the criteria set out in this
 2842  subsection. The agency shall certify all applications that
 2843  contain the information required pursuant to paragraph (b) and
 2844  meet the criteria set out in this subsection as eligible to
 2845  receive an exemption. If applicable, the agency shall also
 2846  certify if 20 percent of the employees of the business are
 2847  residents of an enterprise zone, excluding temporary and part
 2848  time employees. The certification shall be in writing, and a
 2849  copy of the certification shall be transmitted to the executive
 2850  director of the Department of Revenue. The applicant shall be
 2851  responsible for forwarding a certified application to the
 2852  department within 6 months after the occurrence of the
 2853  appropriate qualifying provision set out in paragraph (f).
 2854         (d) If, in a subsequent audit conducted by the department,
 2855  it is determined that the business did not meet the criteria
 2856  mandated in this subsection, the amount of taxes exempted shall
 2857  immediately be due and payable to the department by the
 2858  business, together with the appropriate interest and penalty,
 2859  computed from the due date of each bill for the electrical
 2860  energy purchased as exempt under this subsection, in the manner
 2861  prescribed by this chapter.
 2862         (e) The department shall adopt rules governing applications
 2863  for, issuance of, and the form of applications for the exemption
 2864  authorized in this subsection and provisions for recapture of
 2865  taxes exempted under this subsection, and the department may
 2866  establish guidelines as to qualifications for exemption.
 2867         (f) For the purpose of the exemption provided in this
 2868  subsection, the term “qualified business” means a business which
 2869  is:
 2870         1. First occupying a new structure to which electrical
 2871  service, other than that used for construction purposes, has not
 2872  been previously provided or furnished;
 2873         2. Newly occupying an existing, remodeled, renovated, or
 2874  rehabilitated structure to which electrical service, other than
 2875  that used for remodeling, renovation, or rehabilitation of the
 2876  structure, has not been provided or furnished in the three
 2877  preceding billing periods; or
 2878         3. Occupying a new, remodeled, rebuilt, renovated, or
 2879  rehabilitated structure for which a refund has been granted
 2880  pursuant to paragraph (5)(g).
 2881         (g) This subsection expires on the date specified in s.
 2882  290.016 for the expiration of the Florida Enterprise Zone Act,
 2883  except that:
 2884         1. Paragraph (d) shall not expire; and
 2885         2. Any qualified business which has been granted an
 2886  exemption under this subsection prior to that date shall be
 2887  allowed the full benefit of this exemption as if this subsection
 2888  had not expired on that date.
 2889         (16) EXEMPTIONS; SPACE ACTIVITIES.—
 2890         (a) There shall be exempt from the tax imposed by this
 2891  chapter:
 2892         1. The sale, lease, use, storage, consumption, or
 2893  distribution in this state of any orbital space facility, space
 2894  propulsion system, or space vehicle, satellite, or station of
 2895  any kind possessing space flight capacity, including the
 2896  components thereof.
 2897         2. The sale, lease, use, storage, consumption, or
 2898  distribution in this state of tangible personal property placed
 2899  on or used aboard any orbital space facility, space propulsion
 2900  system, or space vehicle, satellite, or station of any kind,
 2901  irrespective of whether such tangible personal property is
 2902  returned to this state for subsequent use, storage, or
 2903  consumption in any manner. This exemption is not affected by the
 2904  failure of a launch to occur, or the destruction of a launch
 2905  vehicle or any components thereof.
 2906         (b) This subsection shall be strictly construed and
 2907  enforced.
 2908         (17) EXEMPTIONS; CERTAIN GOVERNMENT CONTRACTORS.—
 2909         (a) Subject to paragraph (d), the tax imposed by this
 2910  chapter does not apply to the sale to or use by a government
 2911  contractor of overhead materials. The term “government
 2912  contractor” includes prime contractors and subcontractors.
 2913         (b) As used in this subsection, the term “overhead
 2914  materials” means all tangible personal property, other than
 2915  qualifying property as defined in s. 212.02(14)(a) and
 2916  electricity, which is used or consumed in the performance of a
 2917  qualifying contract, title to which property vests in or passes
 2918  to the government under the contract.
 2919         (c) As used in this subsection and in s. 212.02(14)(a), the
 2920  term “qualifying contract” means a contract with the United
 2921  States Department of Defense or the National Aeronautics and
 2922  Space Administration, or a subcontract thereunder, but does not
 2923  include a contract or subcontract for the repair, alteration,
 2924  improvement, or construction of real property, except to the
 2925  extent that purchases under such a contract would otherwise be
 2926  exempt from the tax imposed by this chapter.
 2927         (d) The exemption provided in this subsection applies as
 2928  follows:
 2929         1. Beginning July 1, 2000, the tax imposed by this chapter
 2930  shall be applicable to 60 percent of the sales price or cost
 2931  price of such overhead materials.
 2932         2. Beginning July 1, 2001, the tax imposed by this chapter
 2933  shall be applicable to 40 percent of the sales price or cost
 2934  price of such overhead materials.
 2935         3. Beginning July 1, 2002, the tax imposed by this chapter
 2936  shall be applicable to 20 percent of the sales price or cost
 2937  price of such overhead materials.
 2938         4. Beginning July 1, 2003, the entire sales price or cost
 2939  price of such overhead materials is exempt from the tax imposed
 2940  by this chapter.
 2941  
 2942  The exemption provided in this subsection does not apply to any
 2943  part of the cost of overhead materials allocated to a contract
 2944  that is not a qualifying contract.
 2945         (e) Possession by a seller of a resale certificate or
 2946  direct-pay permit relieves the seller from the responsibility of
 2947  collecting the tax, and the department shall look solely to the
 2948  contractor for recovery of such tax if it determines that the
 2949  contractor was not entitled to the exemption. The contractor
 2950  shall self-accrue and remit any applicable sales or use tax due
 2951  with respect to overhead materials and with respect to costs
 2952  allocable to contracts that are not qualifying contracts. The
 2953  department may amend its rules to reflect the use of resale
 2954  certificates and direct-pay permits with respect to the
 2955  exemption provided for in this subsection.
 2956         (f) This subsection is not an expression of legislative
 2957  intent as to the applicability of any tax to any sale or use of
 2958  overhead materials prior to July 1, 1999. In addition, this
 2959  subsection does not imply that transactions or costs that are
 2960  not described in this subsection are taxable.
 2961         (18) MACHINERY AND EQUIPMENT USED PREDOMINANTLY FOR
 2962  RESEARCH AND DEVELOPMENT.—
 2963         (a) Machinery and equipment used predominantly for research
 2964  and development as defined in this subsection are exempt from
 2965  the tax imposed by this chapter.
 2966         (b) For purposes of this subsection:
 2967         1. “Machinery and equipment” includes, but is not limited
 2968  to, molds, dies, machine tooling, other appurtenances or
 2969  accessories to machinery and equipment, testing and measuring
 2970  equipment, test beds, computers, and software, whether purchased
 2971  or self-fabricated, and, if self-fabricated, includes materials
 2972  and labor for design, fabrication, and assembly.
 2973         2. “Predominantly” means at least 50 percent of the time.
 2974         3. “Research and development” means research that has one
 2975  of the following as its ultimate goal:
 2976         a. Basic research in a scientific field of endeavor;
 2977         b. Advancing knowledge or technology in a scientific or
 2978  technical field of endeavor;
 2979         c. The development of a new product, whether or not the new
 2980  product is offered for sale;
 2981         d. The improvement of an existing product, whether or not
 2982  the improved product is offered for sale;
 2983         e. The development of new uses of an existing product,
 2984  whether or not a new use is offered as a rationale to purchase
 2985  the product; or
 2986         f. The design and development of prototypes, whether or not
 2987  a resulting product is offered for sale.
 2988  
 2989  The term “research and development” does not include ordinary
 2990  testing or inspection of materials or products used for quality
 2991  control, market research, efficiency surveys, consumer surveys,
 2992  advertising and promotions, management studies, or research in
 2993  connection with literary, historical, social science,
 2994  psychological, or other similar nontechnical activities.
 2995         (c) The department may adopt rules pursuant to ss.
 2996  120.536(1) and 120.54 that provide for administering and
 2997  implementing this exemption.
 2998         (d) A person who claims the exemption provided in this
 2999  subsection shall furnish the vendor of the machinery or
 3000  equipment, including the vendor of materials and labor used in
 3001  self-fabrication of the machinery or equipment, an affidavit
 3002  stating that the item or items for which an exemption is claimed
 3003  are machinery and equipment that will be used predominantly for
 3004  research and development as required by this subsection. A
 3005  purchaser who claims the exemption by refund shall include the
 3006  affidavit with the refund application. The affidavit must
 3007  contain the purchaser’s name, address, sales and use tax
 3008  registration number, and, if applicable, federal employer’s
 3009  identification number. Any person fraudulently furnishing an
 3010  affidavit to the vendor for the purpose of evading payment of
 3011  any tax imposed under this chapter shall be subject to the
 3012  penalty set forth in s. 212.085 and as otherwise provided by
 3013  law.
 3014         (e) In lieu of furnishing an affidavit, a purchaser
 3015  claiming the exemption provided in this subsection who has a
 3016  direct-pay permit may furnish the vendor with a copy of the
 3017  direct-pay permit and shall maintain all documentation necessary
 3018  to prove the exempt status of the purchases and fabrication
 3019  activity.
 3020         (f) Purchasers shall maintain all documentation necessary
 3021  to prove the exempt status of purchases and fabrication activity
 3022  and make such documentation available for inspection pursuant to
 3023  the requirements of s. 212.13(2).
 3024         Section 4. (1) Effective July 1, 2012, ss. 212.051,
 3025  212.052, 212.0598, 212.0602, 212.0801, 212.0821, 212.09,
 3026  212.096, 212.097, and 212.098, Florida Statutes, are repealed.
 3027         (2) Unless modified or reenacted as provided in s. 11.9035,
 3028  Florida Statutes, effective July 1, 2012, any exemption,
 3029  deduction, or credit from the state sales and use tax or any
 3030  exclusion of sales and services from such tax granted by:
 3031         (a) Section 212.02, Florida Statutes, except rent on low
 3032  income housing under s. 212.02(2), Florida Statutes;
 3033         (b) Section 212.03, Florida Statutes, except rent charges
 3034  paid by long-term residents under s. 212.03(4), Florida
 3035  Statutes; rent charges paid by full-time students, by active
 3036  military personnel, and by permanent residents under s.
 3037  212.03(7)(a); Florida Statutes; rent charges in mobile home
 3038  parks under s. 212.03(7)(c), Florida Statutes; and rent charges
 3039  for living accommodations in migrant labor camps under s.
 3040  212.03(7)(d), Florida Statutes;
 3041         (c) Section 212.031, Florida Statutes, except utility
 3042  charges under s. 212.031(7), Florida Statutes;
 3043         (d) Sections 212.04, 212.05, and 212.0506, Florida
 3044  Statutes;
 3045         (e) Sections 212.06 and 212.081, Florida Statutes, except
 3046  any sale exempted by federal law or the United States
 3047  Constitution; and
 3048         (f)Sections 212.0601, 212.07, 212.12, 212.20, and 376.75,
 3049  Florida Statutes, are repealed.
 3050         Section 5. Except as otherwise expressly provided in this
 3051  act, this act shall take effect July 1, 2009.